legis_id
stringlengths 7
15
| text
stringlengths 248
4.78M
| url
stringlengths 71
89
|
|---|---|---|
117-s-5314 | II 117th CONGRESS 2d Session S. 5314 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Young (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve the operation of the Organ Procurement and Transplantation Network.
1. Short title This Act may be cited as the Lost Opportunities to Supply Transplantable Organs Act of 2022 or the LOST Organs Act of 2022 . 2. Organ Procurement and Transplantation Network Section 372(b)(2) of the Public Health Service Act ( 42 U.S.C. 274(b)(2) ) is amended— (1) in subparagraph (E), by inserting and practice after quality ; (2) by moving subparagraphs (M) through (O) 2 ems to the left; (3) by redesignating subparagraphs (H) through (O) as subparagraphs (J) through (Q), respectively; and (4) by inserting after subparagraph (G) the following: (H) track and publicly report, with redactions of personal identifiers of donors, waitlist candidates, and recipients, on the status of all organs in transport from organ procurement organizations to any location within the transplant supply chain, including transplant centers, (I) in the event that an organ is lost, damaged, or delayed in transport, establish an open and transparent process to determine cause, corrective action, and recommendations for updates to the standards of quality and practice under subparagraph (E) to prevent organs from being lost, damaged, or delayed, . | https://www.govinfo.gov/content/pkg/BILLS-117s5314is/xml/BILLS-117s5314is.xml |
117-s-5315 | II 117th CONGRESS 2d Session S. 5315 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve the anti-corruption and public integrity laws, and for other purposes.
1. Short title This Act may be cited as the Anti-Corruption and Public Integrity Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Applicability. TITLE I—Public Integrity, Ethics, Conflicts of Interest, and Revolving Door Subtitle A—Conflicts of Interest Sec. 101. Definitions. Sec. 102. Lobbyist ban. Sec. 103. Executive branch conflicts of interest law expansions. Sec. 104. Legislative branch conflicts of interest law expansions. Sec. 105. Conflicts of interest rules for all senior government officials and nonconflicted Federal employee investment accounts. Sec. 106. Post-employment restrictions. Sec. 107. Golden parachutes ban. Sec. 108. General public integrity rules. Sec. 109. Legal expense funds. Sec. 110. Penalties. Subtitle B—Presidential conflicts of interest Sec. 111. Short title. Sec. 112. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. Sec. 113. Recusal of appointees. Sec. 114. Contracts by the President or Vice President. Sec. 115. Presidential transition ethics programs. Sec. 116. Criminality of the President or other senior government officials. Sec. 117. Presidential obstruction of justice. Sec. 118. Sense of Congress regarding violations. Sec. 119. Rule of construction. Sec. 120. Severability. Subtitle C—Strengthening criminal anti-Corruption laws Sec. 121. Bribery of public officials and witnesses. Sec. 122. Prohibition on undisclosed self-dealing by public officials. Subtitle D—Requiring financial disclosures before taking office Sec. 131. Prohibition on taking office until financial disclosures are filed. Subtitle E—Strengthening Inauguration Fund Rules Sec. 141. Strengthening Inauguration Fund rules. Subtitle F—Political intelligence transparency Sec. 151. Disclosure of political intelligence activities under Lobbying Disclosure Act. Sec. 152. Effective date. TITLE II—Lobbying Reform Sec. 201. Enforcement by the Office of Public Integrity. Sec. 202. Definitions. Sec. 203. Registration of lobbyists. Sec. 204. Reports by lobbyists. Sec. 205. Prohibition on foreign lobbying. Sec. 206. Prohibition on contingent fee lobbying. Sec. 207. Prohibition on provision of gifts or travel by registered lobbyists. Sec. 208. Application of General Schedule to Congress. Sec. 209. Reestablishment of Office of Technology Assessment. Sec. 210. Progressive tax on lobbying expenditures. Sec. 211. Disclosure of registration status. TITLE III—Rulemaking reform Sec. 301. Disclosure of conflicts of interest. Sec. 302. Increasing disclosures relating to studies and research. Sec. 303. Disclosure of inter-governmental rule changes. Sec. 304. Justification of withdrawn rules. Sec. 305. Negotiated rulemaking. Sec. 306. Streamlining OIRA review. Sec. 307. Limiting temporary court injunctions and postponing of final rules pending judicial review. Sec. 308. Penalizing individuals that submit false information to agencies. Sec. 309. Establishment of the Office of the Public Advocate. Sec. 310. Actions by private persons. Sec. 311. Scope of review. Sec. 312. Expanding rule making notifications. Sec. 313. Public petitions. Sec. 314. Amendment to Congressional Review Act. Sec. 315. Cost-benefit analysis. Sec. 316. Sense of Congress. TITLE IV—Judicial Ethics Sec. 401. Clarification of gift ban. Sec. 402. Restrict privately funded educational events and speeches. Sec. 403. Code of Conduct. Sec. 404. Improving disclosure. Sec. 405. Appointment of administrative law judges. Sec. 406. Improve reporting on judicial diversity. Sec. 407. Pleading standards. Sec. 408. Electronic court records reform. Sec. 409. Forced arbitration injustice repeal. Sec. 410. Restrictions on protective orders and sealing of cases and settlements. Sec. 411. Secret settlements ban. Sec. 412. Oversight process for disqualification of justice, judge, or magistrate judge. Sec. 413. Complaints against retired judges and judicial discipline. Sec. 414. Action by judicial council in response to misconduct by judges. Sec. 415. Supreme Court Complaints Review Committee. Sec. 416. Expedited impeachment of Federal judges. Sec. 417. Judicial workplace climate surveys. Sec. 418. Pilot program to provide access to counsel in Federal court. TITLE V—Enforcement Subtitle A—Office of Public Integrity Sec. 511. Establishment of Office of Public Integrity. Sec. 512. Designated agency ethics officials. Subtitle B—Inspectors General Sec. 531. General supervision and removal of Inspectors General. Subtitle C—Office of Congressional Ethics Sec. 551. Definitions. Sec. 552. The Office of Congressional Ethics. Sec. 553. Establishment of the Board of the Office of Congressional Ethics. Sec. 554. Duties and Powers of the Office and the Board. Sec. 555. Review process of submissions. Sec. 556. Personnel matters. Sec. 557. Authorization of appropriations. Sec. 558. Conforming amendments and rules of construction. Subtitle D—Applicability Sec. 571. Applicability. TITLE VI—Transparency and Government Records Subtitle A—Transparency for Federal Personnel and Candidates for Federal Office Sec. 601. Categories relating to the amount or value of certain income. Sec. 602. Disclosure of personal income tax returns by Presidents, Vice Presidents, Members of Congress, and certain candidates. Sec. 603. Transparency relating to candidates for Federal office and Members of Congress. Subtitle B—Think Tank, Nonprofit, and Advocate Transparency Sec. 611. Amendments to the Lobbying Disclosure Act of 1995. Sec. 612. Amendments to the Internal Revenue Code of 1986. Subtitle C—Strengthening FOIA Enforcement Sec. 621. Strengthening FOIA enforcement. Sec. 622. Exemptions from disclosure. Sec. 623. Public interest balancing test. Sec. 624. Affirmative disclosure of agency records on website. Sec. 625. Applicability. Subtitle D—Federal Contractor Transparency Sec. 631. Expanding applicability of the Freedom of Information Act to Federal contractors. Sec. 632. Public disclosure by large contractors. Subtitle E—Congressional Transparency Sec. 641. Increased transparency of committee work. Sec. 642. Increased transparency of recorded votes. Sec. 643. Increased transparency of appropriations bills. TITLE VII—Campaign Finance Reforms Subtitle A—Requirements relating to preventing conflicts of interest Part I—Requirements relating to registered lobbyists and government contractors Sec. 701. Requirements relating to registered lobbyists. Sec. 702. Disclosure of political spending by government contractors. Sec. 703. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations. Sec. 704. Repeal of revenue procedure that eliminated requirement to report information regarding contributors to certain tax-exempt organizations. Part II—Requirements relating to corporations Sec. 711. Banning corporations from fundraising. Sec. 712. Banning contributions to Members of Congress from corporations under the jurisdiction of their committees. Sec. 713. Corporate PAC ban. Sec. 714. Disclosure of campaign-related disbursements. Part III—Requirements relating to foreign nationals Sec. 721. Banning foreign-owned and partially foreign-owned corporations from spending on United States elections. PART IV—Additional requirements SUBPART A—Campaign Finance Sec. 731. Clarification on treatment of information used to influence an election for Federal office as a contribution; clarification regarding purpose of influencing an election for Federal office. Sec. 732. Prohibition on super PAC-candidate coordination. Sec. 733. Disclosure of major donors, bundlers, and finance events in Presidential campaigns. Sec. 734. Lowering contribution limits; repeal of special contribution limits for contributions to national parties for certain purposes. Sec. 735. Restrictions on testing the waters. Sec. 736. Personal use ban for leadership PACS. Sec. 737. Prohibition on joint fundraising committees. SUBPART B—Prohibition on the appointment of big donor ambassadors and chiefs of mission Sec. 738. Prohibition on the appointment of big donor ambassadors and chiefs of mission. Subtitle B—Strengthening Oversight of Online Political Advertising Sec. 741. Expansion of definition of public communication. Sec. 742. Expansion of definition of electioneering communication. Sec. 743. Application of disclaimer statements to online communications. Sec. 744. Political record requirements for online platforms. Sec. 745. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Subtitle C—Public Financing Part I—Small Dollar Financing of Senate Election Campaigns Sec. 751. Eligibility requirements and benefits of fair elections financing of Senate election campaigns. Sec. 752. Exception to limitation on coordinated expenditures by political party committees with participating candidates. Sec. 753. Assessments against fines and penalties. Part II—Presidential Elections SUBPART A—Primary Elections Sec. 761. Increase in and modifications to matching payments. Sec. 762. Eligibility requirements for matching payments. Sec. 763. Repeal of expenditure limitations. Sec. 764. Period of availability of matching payments. Sec. 765. Examination and audits of matchable contributions. Sec. 766. Modification to limitation on contributions for Presidential primary candidates. Sec. 767. Use of Freedom From Influence Fund as source of payments. SUBPART B—General Elections Sec. 771. Modification of eligibility requirements for public financing. Sec. 772. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 773. Matching payments and other modifications to payment amounts. Sec. 774. Increase in limit on coordinated party expenditures. Sec. 775. Establishment of uniform date for release of payments. Sec. 776. Amounts in Presidential Election Campaign Fund. Sec. 777. Use of general election payments for general election legal and accounting compliance. Sec. 778. Use of Freedom From Influence Fund as source of payments. SUBPART C—Presidential nominating conventions Sec. 779. Payments for Presidential nominating conventions. SUBPART D—Effective Date Sec. 779A. Effective date. Subtitle D—Enhancing FEC Enforcement Sec. 781. Membership of Federal Election Commission. Sec. 782. Assignment of powers to Chair of Federal Election Commission. Sec. 783. Revision to enforcement process. Sec. 784. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 785. Permanent extension of administrative penalty authority. Sec. 786. Requiring forms to permit use of accent marks. Sec. 787. Restrictions on ex parte communications. Sec. 788. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 789. Effective date; transition. Subtitle E—Miscellaneous Sec. 791. Comptroller general report and briefing on campaign donations by nominees before the Senate. Sec. 792. Effective date. Sec. 793. Severability. 3. Applicability Except as provided otherwise in this Act, this Act and the amendments made by this Act shall apply on and after the date that is 1 year after the date of enactment of this Act. I Public Integrity, Ethics, Conflicts of Interest, and Revolving Door A Conflicts of Interest 101. Definitions In this subtitle: (1) Agent of a foreign principal The term agent of a foreign principal has the meaning given the term in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ). (2) Bank holding company The term bank holding company has the meaning given the term in section 2 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 ). (3) Corporate lobbyist The term corporate lobbyist has the meaning given the term in section 3 of the Lobbying Disclosure Act of 1995, as amended by section 202 of this Act. (4) Covered entity The term covered entity means any entity that is— (A) (i) a for-profit company; or (ii) a bank holding company, a savings and loan holding company, or any other financial institution; and (B) (i) operating under Federal settlement, including a Federal consent decree; or (ii) the subject of an enforcement action in a court of the United States or by an agency. (5) Executive agency The term Executive agency — (A) has the meaning given the term in section 105 of title 5, United States Code; and (B) includes— (i) the Executive Office of the President and all components thereof, including the White House Office; and (ii) the Office of the Vice President. (6) Gross receipts The term gross receipts has the meaning given the term in section 993(f) of the Internal Revenue Code of 1986. (7) Lobbyist The term lobbyist has the meaning given the term in section 3 of the Lobbying Disclosure Act of 1995, as amended by section 202 of this Act. (8) Qualified small business The term qualified small business means a corporation, company, firm, partnership, or other business enterprise, that has gross receipts for the previous taxable year of less than $5,000,000. (9) Savings and loan holding company The term savings and loan holding company has the meaning given the term in section 10(a) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(a) ). (10) Senior executive The term senior executive includes— (A) a chief executive officer; (B) a chief financial officer; (C) a chief operating officer; (D) a chief compliance officer; (E) any senior government relationship official; and (F) any other senior executive, as determined by the Director of the Office of Public Integrity. (11) Senior government official The term senior government official means— (A) any individual described in section 101(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.), including— (i) any individual appointed to a position on any level of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, including positions identified in sections 5312 through 5316 of title 5, United States Code; (ii) a noncareer officer or employee serving in the Executive Office of the President, including the White House Office, and in the Office of the Vice President; and (iii) an individual employed in a position in the executive branch of the Government who is excepted from the competitive service by reason of being of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations (or any successor regulations), except that the Director of the Office of Public Integrity may, by regulation, exclude from the application of this paragraph any individual, or group of individuals, who are in such positions, but only in cases in which the Director determines such exclusion would not affect adversely the integrity of the Government or the confidence of the public in the integrity of the Government; (B) an individual employed in a position in the Senior Executive Service; (C) an individual employed in a position at the GS–15 level or higher; and (D) an individual employed in a position not under the General Schedule for which the rate of basic pay is equal to or greater than the minimum rate of basic pay payable for GS–15 of the General Schedule. 102. Lobbyist ban (a) Lobbyists (1) Executive branch (A) Lobbyists No former registered lobbyist or agent of a foreign principal who has engaged in a lobbying contact, as defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ), during his or her registration may be hired as an officer or employee of an Executive agency during the 2-year period beginning on the date on which the registered lobbyist terminates his or her registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(d) ) or the agent terminates his or her status, as applicable. (B) Corporate lobbyists No former registered corporate lobbyist may be hired as an officer or employee of an Executive agency during the 6-year period beginning on the date on which the registered corporate lobbyist terminates its registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(d) ) or the agent terminates its status, as applicable. (C) Waiver rules and eligibility (i) Positions requiring Senate confirmation The President may waive the ban described in subparagraph (A) for any appointment to a position in an Executive agency that requires the advice and consent of the Senate based on a compelling national need. (ii) Other positions The President or the Director of the Office of Public Integrity may waive the ban described in subparagraph (A) and the prior employer recusal provision described in section 208(e) of title 18, United States Code, as added by section 103 of this Act for any appointment to a position in an Executive agency that does not require the advice and consent of the Senate. (iii) Requirements A waiver made under this subparagraph shall— (I) be made publicly available and searchable by the Director of the Office of Public Integrity within 30 days of issuance; (II) include a justification sent to Congress within 30 days of issuance for why the registered lobbyist or agent of a foreign principal, as applicable, brings unique and relevant expertise such that it is not practical to find an alternative candidate with the same skill set; and (III) with respect to a nomination to a position described in clause (i)— (aa) (AA) include a certification by the President that a search was conducted in good faith to find an alternative candidate with comparable qualifications who was not a lobbyist; or (BB) specifically identify the next-best candidate who was not a registered lobbyist or agent of a foreign principal, as applicable; and (bb) include a justification for why the next-best candidate was not nominated for the position. (2) Legislative branch (A) Lobbyists No former registered lobbyist or agent of a foreign principal may be hired as an officer or employee of a Member of Congress or a committee of either House of Congress during the 2-year period beginning on the date on which the registered lobbyist terminates its registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(d) ) or the agent terminates its status, as applicable. (B) Corporate lobbyists No former registered lobbyist or agent of a foreign principal may be hired as an officer or employee of a Member of Congress or a committee of either House of Congress during the 6-year period beginning on the date on which the registered corporate lobbyist terminates its registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(d) ) or the agent terminates its status, as applicable. (C) Waiver rules and eligibility (i) In general Any Member of Congress may waive the ban described in subparagraph (A) for an officer or employee of that Member of Congress or of a committee of either House of Congress on which the Member serves as a chair or ranking member based on a compelling national need. (ii) Requirements A waiver made under this subparagraph shall— (I) within 30 days of issuance be submitted to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable, and to the Office of Congressional Ethics; (II) be made publicly available and searchable by the Office of Congressional Ethics within 30 days of issuance; (III) include a justification made publicly available for why the registered lobbyist or agent of a foreign principal, as applicable, brings unique and relevant expertise such that it is not practical to find an alternative candidate with the same skill set; and (IV) be made only after the Congressional Ethics Board submits to the Member of Congress and to the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable, a public recommendation or opinion regarding such a waiver. (b) Other hiring restrictions (1) Contractors (A) In general No former employee of a for-profit entity that was awarded a Federal contract or Federal license by an Executive agency may be an officer or employee of the Executive agency that awarded the contract or Federal license during the 4-year period beginning on the date on which the employee terminates its employment with the entity. (B) Waiver The ban described in subparagraph (A) may be waived in accordance with subsection (a)(1)(C). (2) Senior executives of law-breaking companies No former senior executive of a covered entity may be an officer or employee of an Executive agency during the 6-year period beginning on the later of— (A) the date of the settlement; and (B) the date on which the enforcement action has concluded. 103. Executive branch conflicts of interest law expansions Section 208 of title 18, United States Code, is amended by adding at the end the following: (e) Securities Ownership and Trading Restrictions (1) Definition In this subsection and subsection (f), the term Executive agency — (A) has the meaning given the term in section 105 of title 5, United States Code; and (B) includes the Executive Office of the President and all components thereof, including the White House Office and the Office of the Vice President. (2) Prohibition (A) In general No officer or employee of an Executive agency may own an interest in or trade (except a trade that is a divestment required or approved by the Director of the Office of Public Integrity or the designated agency ethics official of the Executive agency that employs the individual for compliance with this section) any individual stock, bond, commodity, future, or other form of security, including an interest in a hedge fund, a derivative, option, or other complex investment vehicle if the Director of the Office of Public Integrity (or the designated agency ethics official of the Executive agency that employs the individual) determines that the financial interests of the officer or employee may be directly influenced by an action of the Executive agency. (B) Exception Subparagraph (A) shall not apply to— (i) a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 ( 5 App. U.S.C. 102(f)(8) ), if such investment meets the requirements described in section 105(b)(2) of the Anti-Corruption and Public Integrity Act ; (ii) 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) ); or (iii) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (C) Penalty Whoever violates subparagraph (A) shall be subject to the penalties set forth in section 216 of this title. (D) Waiver The Director of the Office of Public Integrity may waive subparagraph (A) for an officer or employee of an Executive agency on a case-by-case basis if the Director— (i) determines that there is no possibility for, or the appearance of, a conflict of interest; or (ii) approves a plan for necessary recusals that ensures that no conflict of interest exists under this section. (f) Recusal requirements (1) In general Except as provided in paragraphs (2) and (3), each officer and employee of any Executive agency shall not participate personally and substantially as a Government officer or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any particular matter, including an adjudication, procurement, or rulemaking, that the officer or employee knows has or is likely to have a direct and predictable effect on the financial interest of— (A) any person for whom the officer or employee had, during the previous 4-year period, served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, employee, or direct competitor; or (B) any organization other than a political organization described in section 527(e) of the Internal Revenue Code of 1986 in which the employee is an active participant. (2) Exclusions This subsection shall not apply to— (A) the President; (B) the Vice President; (C) any individual appointed to a position in an Executive agency by and with the advice and consent of the Senate; (D) an officer or employee who served as an officer, director, trustee, general partner, agent, attorney, consultant, contractor, or employee of a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) or an intertribal consortium of federally recognized Indian tribes with respect to a matter that is likely to have a direct and predictable effect on the financial interest of the tribal organization or intertribal consortium; or (E) any individual who receives a waiver under paragraph (3). (3) Waiver (A) In general The Director of Public Integrity may waive the requirements of this subsection for any officer or employee (except individuals described in subparagraph (C)(iii)). (B) Limitation Officers and employees may apply to the Director of Public Integrity for a waiver under this paragraph only if the individual agrees to comply with the Conflicts of Interest Rules for Senior Government Officials in section 105(a) and section 106 of the Anti-Corruption and Public Integrity Act . (C) Waiver requirements A waiver made under this paragraph— (i) shall be made publicly available and searchable within 30 days of issuance; (ii) shall include a justification sent to Congress within 30 days of issuance explaining why the waiver is in the national interest; and (iii) may not be granted if the individual received a waiver under section 102(a)(1)(C) of the Anti-Corruption and Public Integrity Act . (D) Authority of Director The Director of Public Integrity may deny a waiver under this paragraph for any reason. (4) Penalty An officer or employee who violates this subsection shall be subject to the penalties set forth in section 216 of this title. . 104. Legislative branch conflicts of interest law expansions (a) Divestment Except as provided in subsection (e), no senior government official in the legislative branch (including Members of Congress) may own an interest in or trade (except as a divestment) 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. (b) Committee staff rule No officer or employee of a committee of either House of Congress may maintain, own, or trade any substantial holdings (including individual stocks and securities) which may be directly affected by the actions of the committee for which the individual works, unless the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable, approves of such holdings in writing after consultation with the supervisor of the officer or employee and the Office of Congressional Ethics. (c) General conflicts of interest rule for congressional staff and members No Member, officer, or employee of a committee or Member of either House of Congress may knowingly use his or her official position to introduce or aid the progress or passage of legislation, a principal purpose of which is to further only his or her pecuniary interest, only the pecuniary interest of his or her immediate family, or only the pecuniary interest of a limited class of persons or enterprises, when he or she, or his or her immediate family, or enterprises controlled by them, are members of the affected class. (d) General stock and securities rule An officer or employee of a committee or Member of either House of Congress, who is not a senior government employee covered by subsection (a), shall be in violation of subsection (c) if— (1) the officer or employee owns an interest in or trades (except as a divestment) individual stocks or securities; and (2) the value of such stocks or securities may be influenced by actions taken by the individual in his or her official position, as determined by the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, as applicable, in consultation with the Office of Congressional Ethics. (e) Exception Nothing in this section shall be construed to prevent an employee or officials of a Member of Congress or a Member of Congress from owning— (1) a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 ( 5 App. U.S.C. 102(f)(8) ), if the investment meets the requirements described in section 105(b)(2); (2) 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) ); or (3) shares of Settlement Common Stock, as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). 105. Conflicts of interest rules for all senior government officials and nonconflicted Federal employee investment accounts (a) Required divestments of conflicted assets (1) Stocks and securities No senior government official may own an interest in or trade (except a divestment required or approved by the supervising ethics office) 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 senior government official may maintain ownership in commercial real estate, unless ownership of such commercial real estate is necessary for a qualified small business described in paragraph (4)(C). (3) Trusts (A) In general No senior government official may maintain a financial interest in any trust, including a family trust, if the supervising ethics office 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 102(f)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.). (4) Businesses and companies (A) Privately owned or closely held corporation No senior government official may maintain ownership in a privately owned or closely held corporation, company, firm, partnership, or other business enterprise. (B) Board members No senior government official 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 qualified small business. (b) Nonconflicted assets (1) In general A senior government official may maintain assets that do not present a conflict of interest, including— (A) a widely held investment fund— (i) described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.); and (ii) that meets the requirements described in paragraph (2); (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. ); and (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) ); and (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 senior government official may not maintain a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.), unless— (A) the widely held investment fund does not present a conflict of interest; and (B) any instructions to a manager of the widely held investment fund are shared with the applicable supervising ethics office. (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 at the end; (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 senior government officials to maintain investments in the stock and securities markets in which a senior government official may— (A) sell an asset or security, including those assets or securities that present a conflict of interest under section 105(a) of the Anti-Corruption and Public Integrity Act , and invest the resulting funds into the Federal Employee Investment Accounts; and (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 at the end; (ii) by striking the period at the end and inserting ; and ; 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. . 106. Post-employment restrictions (a) In general Section 207 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting after with the intent to influence, the following: or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, ; and (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting after with the intent to influence, the following: or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, ; (2) by striking subsections (c), (d), and (e) and inserting the following: (c) Lobbying and political intelligence restrictions (1) In general In addition to the restrictions set forth in subsections (a) and (b), any President, Vice President, Member of Congress, or officer or employee compensated at a rate of pay specified in or fixed according to subchapter II of chapter 53 of title 5, after the termination of his or her service or employment with the United States who— (A) works as a registered lobbyist or political intelligence consultant; or (B) knowingly makes, with the intent to influence, or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, any communication to or appearance before any officer or employee of any department, Executive agency, Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States or the District of Columbia) for compensation, in connection with any matter on which such person seeks official action by any Member, officer, or employee of either House of Congress, or any employee or officer of any department or Executive agency, shall be subject to the penalties set forth in section 216 of this title. (2) Other officials (A) In general Any officer or employee in the executive or legislative branch of the United States who, during the time period described in subparagraph (B) makes, with the intent to influence, or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, any communication to or appearance before their former office, Executive agency, or House of Congress, for compensation, shall be subject to the penalties set forth in section 216 of this title. (B) Time period The time period described in this subparagraph is as follows: (i) With respect to an officer or employee of the legislative branch, 2 years after the termination of service or employment as an officer or employee. (ii) With respect to an officer or employee of the executive branch, the later of— (I) the date on which a President other than the President serving at the time of the termination of service or employment of the officer or employee takes office; and (II) the date on which the 2-year period beginning on the date of the termination of service or employment as an officer or employee expires. (iii) With respect to an officer or employee of the executive branch of the United States who becomes a corporate lobbyist, the later of— (I) the date on which a President other than the President serving at the time of the termination of service or employment of the officer or employee takes office; and (II) the date on which the 6-year period beginning on the date of the termination of service or employment as an officer or employee expires. (iv) With respect to an officer or employee of the legislative branch of the United States who becomes a corporate lobbyist, the date on which the 6-year period beginning on the date of the termination of service or employment as an officer or employee expires. ; (3) by redesignating subsections (f) through (l) as subsections (d) through (j), respectively; (4) in subsection (g), as so redesignated— (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; (B) by inserting before paragraph (2), as so redesignated, the following: (1) the terms corporate lobbyist , lobbyist , and political intelligence consultant have the meanings given such terms in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ); ; and (C) in paragraph (2), as so redesignated, by inserting after with the intent to influence, the following: or with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets, ; (5) in subsection (h), as so redesignated, by adding at the end the following: (8) Representative of a media organization The restrictions contained in this section relating to a communication made with the intent to gain information for use in analyzing securities or commodities markets, or in informing investment decisions in securities or commodities markets shall not apply to a communication made by a representative of a media organization (as such term is defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 )), if the purpose of the communication is gathering and disseminating news and information to the public. ; and (6) by adding at the end the following: (k) Other post-Employment restrictions (1) Definitions In this subsection: (A) Giant bank or company The term giant bank or company includes— (i) any for-profit company or financial institution with greater than an average of $150,000,000,000 in market capitalization or revenue for the previous 3-year period; (ii) any Federal contractor that received greater than $5,000,000,000 in annual revenue from the Federal Government during the previous 3-year period; and (iii) any for-profit company or financial institution that exerts monopolistic or monopsonistic control over a significant share of the market in its particular industry (as defined by the Director of the Office of Public Integrity, in consultation with the Attorney General, by regulation). (B) Lobbying contact The term lobbying contact has the meaning given the term in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ). (C) Registered lobbyist The term registered lobbyist means a lobbyist registered under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ). (D) Senior government official The term senior government official means— (i) any individual described in section 101(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.), including— (I) any individual appointed to a position on any level of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code, including positions identified in sections 5312 through 5316 of title 5, United States Code; (II) a noncareer officer or employee serving in the Executive Office of the President, including the White House Office, and in the Office of the Vice President; and (III) an individual employed in a position in the executive branch of the Government who is excepted from the competitive service by reason of being of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations (or any successor regulations), except that the Director of the Office of Public Integrity may, by regulation, exclude from the application of this paragraph any individual, or group of individuals, who are in such positions, but only in cases in which the Director determines such exclusion would not affect adversely the integrity of the Government or the confidence of the public in the integrity of the Government; (ii) an individual employed in a position in the Senior Executive Service; (iii) an individual employed in a position at the GS–15 level or higher; and (iv) an individual employed in a position not under the General Schedule for which the rate of basic pay is equal to or greater than the minimum rate of basic pay payable for GS–15 of the General Schedule. (2) Senior government official hiring restriction No for-profit corporation, company, firm, partnership, or other business enterprise may hire or directly or indirectly compensate (including as consultants and lawyers) any former senior government official, for 1 year after the official leaves government service, from an Executive agency, department, or congressional office with which the corporation, company, firm, partnership, or other business enterprise made a lobbying contact in the past 2 years. (3) Special rules for post employment with giant banks, companies, and contractors (A) Procurement officers No company that is awarded a contract or license by the Federal Government may hire or compensate any former officer or employee in the executive branch of the United States who oversaw any of the company's contracts or licenses (including any procurement officer, any Federal employee or official who participated in the contract or license selection, any Federal employee or official who determined or approved the technical requirements of the contract or license, and any senior government official in the executive branch of the United States employed at the Executive agency that granted the contract or license) during the 4-year period beginning on the date on which the officer terminated employment with the United States. (B) Giant banks and companies No giant bank or company may hire or directly or indirectly compensate (including as consultants and lawyers) any senior government official during the 4-year period beginning on the date on which the official terminated employment with the United States. (C) Earned income disclosures (i) In general Not later than 1 year after the date of enactment of this clause, each senior government official who terminates service on or after the date that is 1 year after the date of enactment of this clause shall submit to the Director of the Office of Public Integrity an annual disclosure that includes all sources of earned income for the 4-year period beginning on the date on which the government official terminated employment with the United States. (ii) Publicly available The Director of the Office of Public Integrity shall make a disclosure made under clause (i) publicly available for any official who had a report made in accordance with title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) made publicly available. (iii) Automatic disclosure (I) In general Each senior government official subject to the disclosure requirement in clause (i) may consent to allow the Director of the Office of Public Integrity to obtain from the Commissioner of Internal Revenue the information necessary to meet the requirements of subclause (i), but no other information, such that additional action is not required of the senior government official after such individual files a tax return. (II) Safe harbor Any individual who consents under subclause (I) shall not be subject to clause (v). (iv) Memorandum of understanding Not later than 1 year after the date of enactment of this subclause, the Director of the Office of Public Integrity and the Commissioner of Internal Revenue shall enter into a cooperative agreement or memorandum of understanding to establish secure means to allow for the necessary information exchange in subclause (III) for senior government officials who wish to avail themselves of the automatic disclosure under subclause (III). (v) Penalties for former senior government officials (I) Civil action The Attorney General or the Director of the Office of Public Integrity may bring a civil action in any appropriate United States district court against any individual who knowingly and willfully falsifies or who knowingly and willfully fails to disclose any information that such individual is required to disclose pursuant to this clause. The court in which such action is brought may assess against such individual a civil penalty in any amount, not to exceed $50,000. (II) Criminal penalties (aa) Prohibition It shall be unlawful for any person to knowingly and willfully falsify any information that such person is required to disclose under this clause. It shall be unlawful for any person to fail to disclose any information that such person is required to disclose under this clause. (bb) Penalties Any person who violates the first sentence of subitem (AA) shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. Any person who violates the second sentence of subitem (AA) shall be fined under title 18, United States Code. (4) Penalties for giant banks and companies (A) In general The Director of Office of Public Integrity may impose a civil penalty or a sanction on any entity or giant bank or company upon making a determination, after reasonable notice and opportunity for a hearing, that the entity or giant bank or company has violated paragraph (2) or (3)(B). (B) Amount of civil penalties A civil penalty imposed for a violation under subparagraph (A) shall— (i) in the case of an initial violation, be not less than 1 percent of the net profit of the entity or giant bank or company for the previous year; (ii) in the case of a second violation, not less than 2 percent of the net profit of the entity or giant bank or company for the previous year; and (iii) in the case of a third or subsequent violation, not less than 5 percent of the net profit of the entity or giant bank or company for the previous year. (C) Other penalties and sanctions on companies In addition to a civil penalty imposed under this clause, after reasonable notice and an opportunity for a hearing, if the Director of the Office of Public Integrity determines that a company has violated paragraph (2) or (3)(B), the Director may impose a sanction on an entity or a giant bank or company, including— (i) prohibiting the entity or giant bank or company from employing any former employee or officer of the Federal Government for a period of time not to exceed 8 years; (ii) prohibiting the company from doing business with the Federal Government, receiving a contract or license from the Federal Government, or otherwise participating in Federal Government programs, for a period of time not to exceed 8 years. (D) Civil penalties for executive officers of companies (i) Definition In this subclause, the term compensation includes, based on information required to be reported to any Federal agency during the period in which a violation of paragraph (2) or (3)(B) occurred— (I) the proceeds of any sale of stock; and (II) any incentive-based compensation (including stock options awarded as compensation). (ii) Civil penalty In addition to the penalties described in subparagraphs (B) and (C), after reasonable notice and an opportunity for a hearing, if the Director of the Office of Public Integrity determines that an executive officer of an entity or giant bank or company has knowingly, or with gross negligence, violated paragraph (2) or (3)(B), or contributed to the violation of a paragraph (2) or (3)(B), the Director may assess a civil penalty against the executive officer not to exceed the amount of the officer’s compensation for each year during which the violations occurred. (E) Mitigating factors In determining the amount of any penalties assessed under this paragraph, the Director of the Office of Public Integrity or the court shall take into account the appropriateness of the penalty with respect to— (i) the size of financial resources and good faith of the entity, giant bank or company, or senior executive; (ii) the gravity of the violation or failure to pay; (iii) the history of previous violations; and (iv) such other matters as justice may require. (F) Authority to modify or remit penalty The Director of the Office of Public Integrity may compromise, modify, or remit any penalty under this paragraph, which may be assessed or had already been assessed. The amount of such penalty, when finally determined, shall be exclusive of any sums owed by the person to the United States in connection with the costs of the proceeding, and may be deducted from any sums owing by the United States to the person charged. (G) Notice and hearing No civil penalty may be assessed under this paragraph with respect to a violation of paragraph (2) or (3)(B) unless— (i) the Director of the Office of Public Integrity gives notice and an opportunity for a hearing to the person accused of the violation; or (ii) the appropriate court has ordered such assessment and entered judgment in favor of the Director of the Office of Public Integrity. . (b) Effective date The amendments made by subsection (a) relating to political intelligence contacts (as defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ), as amended by this Act) shall apply with respect to any political intelligence contact that is made on or after the date that is 1 year after the date of the enactment of this Act. (c) Technical and conforming amendments Section 207 of title 18, United States Code, is amended— (1) in subsection (d), as redesignated by subsection (a) of this section, by striking (d), or (e) ; (2) in subsection (f)(2), as redesignated by subsection (a) of this section, in the second sentence, by striking (c)(2)(A)(i) or (iii) and inserting (c) ; (3) in subsection (g)(1), as redesignated by subsection (a) of this section— (A) in subparagraph (A), by striking (a), (c), and (d) and inserting (a) and (c) ; and (B) in subparagraph (B), by striking (f) and inserting (d) ; and (4) in subsection (h), as redesignated by subsection (a) of this section— (A) by striking subsections (c), (d), and (e) each place the term appears and inserting subsection (c) ; (B) in paragraph (5), by striking (a), (c), and (d) and inserting (a) and (c) ; and (C) in paragraph (7)(B), by striking subsections (c), (d), or (e) and inserting subsection (c) . (d) Restrictions on Federal examiners of financial institutions Section 10(k) of the Federal Deposit Insurance Act ( 12 U.S.C. 1820(k) ) is amended— (1) in the subsection header, by striking One-Year and inserting Four-Year ; and (2) in paragraph (1)— (A) in subparagraph (B), by striking senior ; and (B) in subparagraph (C), by striking 1 year and inserting 4 years . 107. Golden parachutes ban (a) In general Section 209 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking any salary and inserting any bonus or salary ; and (B) by striking his services and inserting services rendered or to be rendered ; and (2) in subsection (b)— (A) by inserting (1) after (b) ; and (B) by adding at the end the following: (2) (A) In this paragraph, the term compensation includes a retention award or bonus, severance pay, and any other payment— (i) linked to future service in the Federal Government in any way; or (ii) from a current or former employer unless the recipient demonstrates that the payment would have been received if the recipient had not entered government service. (B) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of compensation contingent on accepting a position in the Federal Government shall not be considered bona fide. . (b) Permissible payments Section 1.409A–3(j)(4)(iii) of title 26, Code of Federal Regulations, shall have no force or effect. 108. General public integrity rules (a) Outside employment ban The limitations described in section 502 of the Ethics in Government Act of 1978 (5 U.S.C. App.) shall apply to full-time senior government officials. (b) Volunteer service rule All Federal laws or regulations relating to conflicts of interest or other ethics issues (as defined in section 409 of the Ethics in Government Act of 1978, as added by section 511 of this Act) shall apply to any individual who is employed by the Federal Government and voluntarily refuses compensation for such employment consistent with applicable law. (c) Special government employee rule All Federal ethics rules shall apply to an individual designated as a Special Government Employee to the same extent that they apply to regular Government employees beginning on the date that is 61 days after the date on which the Special Government Employee commences employment during a 365-day period. (d) Indebtedness rule (1) In general Except as provided in paragraph (2), no senior government official (except a Member of Congress, the President, and the Vice President) may— (A) in the course of official duty, meet or communicate with, or work on any particular matter that affects, any person to whom the senior government official owes more than $100,000; or (B) receive a loan of more than $100,000 from any person the senior government official has met or communicated with, or plans to meet or communicate with, during the course of their official duty. (2) Exception Paragraph (1) shall not apply to— (A) commercial debt such as residential mortgages, car loans, credit card debt, student loans, or any debts owed to domestic financial institutions on terms generally available to the public; or (B) meetings with domestic financial institutions. 109. Legal expense funds (a) Definitions In this section— (1) the term legal expense fund means a fund— (A) to be used to defray legal expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of service by an officer or employee as an officer or employee; (B) that may not be used for personal legal matters, including tax planning, personal injury litigation, protection of property rights, divorces, or estate probate; (C) that may only be used to defray legal expenses for a single officer or single employee; (D) that may be established or controlled by the officer or employee, or by a third party, in accordance with the requirements of this section; and (E) that may accept contributions, in accordance with this section; (2) the term lobbying activity has the meaning given that term in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ); (3) the term officer or employee means— (A) an officer, as defined in section 2104 of title 5, United States Code; (B) an employee, as defined in section 2105 of title 5, United States Code; (C) a Member of Congress, as defined in section 2106 of title 5, United States Code; (D) the Vice President; and (E) the President; (4) the term relative has the meaning given that term in section 3110 of title 5, United States Code; and (5) the term supervising ethics office has the meaning given that term in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (b) Authorization for legal expense funds Subject to the limitations and regulations promulgated under this section, an officer or employee may establish, maintain, and use a legal expense fund. (c) Limits on contributions The Director of the Office of Public Integrity shall promulgate regulations establishing limits with respect to contributions to legal expense funds for officers or employees, which shall, at a minimum, prohibit an officer or employee from accepting contributions for a legal expense fund— (1) from a single contributor (other than a relative of the officer or employee) in a total amount of more than $5,000 during any calendar year; (2) from a registered lobbyist; (3) from an agent of a foreign principal; (4) from any person seeking official action from or doing business with the Executive agency, office, or entity employing the officer or employee; (5) from any person conducting activities regulated by the Executive agency, office, or entity employing the officer or employee; (6) from any person whose interests may be substantially affected by the performance or nonperformance of the official duties of the officer or employee; or (7) for an officer or employee of an Executive agency, from any person that has engaged in lobbying activities, or on whose behalf lobbying activities have been engaged with, with respect to the Executive agency during the 2-year period ending on the date of the contribution. (d) Written notice (1) In general An officer or employee who wishes to establish, or directly or indirectly receive money from, a legal expense fund shall submit to the supervising ethics office with respect to the officer or employee a written notice that includes— (A) the name and contact information for any proposed trustee of the legal expense fund; (B) a copy of any proposed trust document for the legal expense fund; (C) the nature of the legal proceeding (or proceedings) which necessitate the establishment of the legal expense fund; (D) an acknowledgment that the officer or employee will be bound by the regulations and limitation under this section; and (E) an acknowledgment that the officer or employee bears ultimate responsibility for proper administration of the legal expense fund. (2) Approval An officer or employee may not solicit or accept contributions to a legal expense fund until after the supervising ethics office has received and approved the written notice submitted under paragraph (1). (e) Reporting (1) In general An officer or employee who establishes, or directly or indirectly receives money from, a legal expense fund shall submit to the supervising ethics office with respect to the officer or employee a quarterly report that discloses, with respect to the quarter covered by the report— (A) the source and amount of each contribution to the legal expense fund; and (B) the amount, recipient, and purpose of each expenditure from the legal expense fund. (2) Public availability Each supervising ethics office shall make publicly available online each report submitted under paragraph (1) in a searchable, sortable, and downloadable form. (f) Recusal An officer or employee in the executive branch, other than the President and the Vice President, who receives a contribution to a legal expense fund of the officer or employee may not participate in any matter that has or would have a direct and substantial impact on the person making the contribution during the 2-year period beginning on the date on which the contribution is received. 110. Penalties (a) Civil fines The Attorney General or the Director of the Office of Public Integrity may bring a civil action in the appropriate United States district court against any person who engages in conduct constituting a violation of this subtitle and, upon proof of such conduct by a preponderance of the evidence, such person shall be subject to a civil penalty of not more than $50,000 for each violation or the amount of compensation which the person received or offered for the prohibited conduct, whichever amount is greater. 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. (b) Order prohibiting conduct If the Attorney General or the Director of the Office of Public Integrity has reason to believe that a person is engaging in conduct constituting an offense under this subtitle, the Attorney General or the Director of the Office of Public Integrity, as applicable, may petition an appropriate United States district court for an order prohibiting that person from engaging in such conduct. The court may issue an order prohibiting that person from engaging in such conduct if the court finds that the conduct constitutes such an offense. The filing of a petition under this section does not preclude any other remedy which is available by law to the United States or any other person. B Presidential conflicts of interest 111. Short title This subtitle may be cited as the Presidential Conflicts of Interest Act of 2018 . 112. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest (a) Definitions (1) In general In this section— (A) the term conflict-free holding means a financial interest described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.); (B) the term financial interest posing a potential conflict of interest means a financial interest of the President, the Vice President, the spouse of the President or Vice President, or a minor child of the President or Vice President, as applicable, that— (i) would constitute a financial interest described in subsection (a) of section 208 of title 18, United States Code— (I) if— (aa) for purposes of such section 208, the terms officer and employee included the President and the Vice President; and (bb) the President or Vice President, as applicable, participated as described in subsection (a) of such section 208 in relation to such financial interest; and (II) if determined without regard to any exception under subsection (b) of such section 208; or (ii) may constitute a present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state (including from an entity owned or controlled by a foreign government), within the meaning of article I, section 9 of the Constitution of the United States; (C) the term qualified blind trust has the meaning given that term in section 102(f)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.), unless otherwise specified in this subtitle; and (D) the term tax return — (i) means any Federal income tax return and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, the return for the taxable year; and (ii) includes any information return that reports information that does or may affect the liability for tax for the taxable year. (2) Applicability of Ethics in Government Act of 1978 For purposes of the definition of qualified blind trust in this section, the term supervising ethics officer in section 102(f)(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.) means the Director of the Office of Public Integrity. (b) Initial financial disclosure (1) Submission of disclosure (A) In general Not later than 30 days after assuming the office of President or Vice President, respectively, the President and Vice President shall submit to Congress and the Director of the Office of Public Integrity a disclosure of financial interests. (B) Application to sitting President and Vice President For any individual who is serving as the President or Vice President on the date of enactment of this Act, the disclosure of financial interests shall be submitted to Congress and the Director of the Office of Public Integrity not later than 30 days after the date of enactment of this Act. (2) Contents (A) President The disclosure of financial interests submitted under paragraph (1) by the President shall— (i) describe in detail each financial interest of the President, the spouse of the President, or a minor child of the President; (ii) at a minimum, include the information relating to each such financial interest that is required for reports under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.); and (iii) include the tax returns filed by or on behalf of the President for— (I) the 8 most recent taxable years; and (II) each taxable year for which an audit of the return by the Internal Revenue Service is pending on the date the report is filed. (B) Vice President The disclosure of financial interests submitted under paragraph (1) by the Vice President shall— (i) describe in detail each financial interest of the Vice President, the spouse of the Vice President, or a minor child of the Vice President; (ii) at a minimum, include the information relating to each such financial interest that is required for reports under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.); and (iii) include the tax returns filed by or on behalf of the Vice President for— (I) the 8 most recent taxable years; and (II) each taxable year for which an audit of the return by the Internal Revenue Service is pending on the date the report is filed. (c) Divestiture of financial interests posing a potential conflict of interest (1) In general The President, the Vice President, the spouse of the President or Vice President, and any minor child of the President or Vice President shall divest of any financial interest posing a potential conflict of interest by transferring such interest to a qualified blind trust. (2) Trustee duties Within 180 days after the date a financial interest is transferred to a qualified blind trust under paragraph (1), the trustee of the qualified blind trust shall— (A) sell the financial interest; and (B) use the proceeds of the sale of the financial interest to purchase conflict-free holdings. (d) Review by Office of Public Integrity (1) In general The Director of the Office of Public Integrity shall submit to Congress, the President, and the Vice President an annual report regarding the financial interests of the President, the Vice President, the spouse of the President or Vice President, and any minor child of the President or Vice President. (2) Contents Each report submitted under paragraph (1) shall— (A) indicate whether any financial interest of the President, the Vice President, the spouse of the President or Vice President, or a minor child of the President or Vice President is a financial interest posing a potential conflict of interest; (B) evaluate whether any previously held financial interest of the President, the Vice President, the spouse of the President or Vice President, or a minor child of the President or Vice President that was a financial interest posing a potential conflict of interest was divested in accordance with subsection (c); and (C) redact such information as the Director of the Office of Public Integrity determines necessary for preventing identity theft, such as social security numbers or taxpayer identification numbers. (e) Enforcement (1) In general The Attorney General, the attorney general of any State, or any person aggrieved by any violation of subsection (c) may seek declaratory or injunctive relief in a court of competent jurisdiction if— (A) the Director of the Office of Public Integrity is unable to issue a report indicating whether the President or the Vice President is in substantial compliance with subsection (c); or (B) there is probable cause to believe that the President or the Vice President has not complied with subsection (c). (2) Fair market value In granting injunctive relief to the plaintiff, the court shall take measures reasonably necessary to ensure that any divestment procedure seeks to obtain a fair market value for any asset that is liquidated. 113. Recusal of appointees Section 208 of title 18, United States Code, as amended by section 103 of this Act, is amended by adding at the end the following: (g) (1) Any officer or employee appointed by the President shall recuse himself or herself from any particular matter involving specific parties in which a party to that matter is— (A) the President who appointed the officer or employee, which shall include any entity in which the President has a substantial interest; or (B) the spouse of the President who appointed the officer or employee, which shall include any entity in which the spouse of the President has a substantial interest. (2) (A) Subject to subparagraph (B), if an officer or employee is recused under paragraph (1), a career appointee in the agency of the officer or employee shall perform the functions and duties of the officer or employee with respect to the matter. (B) (i) In this subparagraph, the term Commission means a board, commission, or other agency for which the authority of the agency is vested in more than 1 member. (ii) If the recusal of a member of a Commission from a matter under paragraph (1) would result in there not being a statutorily required quorum of members of the Commission available to participate in the matter, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may— (I) consider the matter without regard to the quorum requirement under such statute; (II) delegate the authorities and responsibilities of the Commission with respect to the matter to a subcommittee of the Commission; or (III) designate an officer or employee of the Commission who was not appointed by the President who appointed the member of the Commission recused from the matter to exercise the authorities and duties of the recused member with respect to the matter. (3) Any officer or employee who negligently violates paragraph (1) shall be subject to the penalties set forth in section 216. (4) For purposes of this section, the term particular matter shall have the meaning given the term in section 207(g). . 114. Contracts by the President or Vice President (a) Amendment Section 431 of title 18, United States Code, is amended— (1) in the section heading, by inserting the President, Vice President, or a after Contracts by ; and (2) in the first undesignated paragraph, by inserting the President or Vice President, after Whoever, being . (b) Table of sections amendment The table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following: 431. Contracts by the President, Vice President, or a Member of Congress. . 115. Presidential transition ethics programs The Presidential Transition Act of 1963 ( 3 U.S.C. 102 note) is amended— (1) in section 3(f) by adding at the end the following: (3) The President-elect shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a list of— (A) any individual for whom an application for a security clearance was submitted, not later than 10 days after the date on which the application was submitted; and (B) any individual provided a security clearance, not later than 10 days after the date on which the security clearance was provided. ; and (2) in section 6(b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (C) a description of the role of the member on the transition team, including a list of any policy issues that the member expects to work on, and a list of agencies the member expects to interact with, while serving on the transition team; (D) a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the transition team ethics plan outlined in section 4(g)(3); and (E) an affirmation that the transition team member does not have a financial conflict of interest that precludes the member from working on the matters described in subparagraph (C). ; (B) in paragraph (2), by inserting not later than 2 business days after public ; and (C) by adding at the end the following: (3) The head of a Federal department or agency, or their designee, shall not permit access to the agency or employees of the agency that would not be provided to a member of the public for any transition team member who does not make the disclosures listed under paragraph (1). . 116. Criminality of the President or other senior government officials Section 2 of title 18, United States Code, is amended by inserting , including the President, the Vice President, a Member of Congress, an Associate Justice of the Supreme Court of the United States, the Chief Justice of the United States, and any other officer of the United States, after Whoever each place it appears. 117. Presidential obstruction of justice (a) In general Chapter 73 of title 18, United States Code, is amended by adding at the end the following: 1522. Applicability to all officers, including the President and Vice President This chapter shall apply to all officers of the United States, including the President, the Vice President, a Member of Congress, an Associate Justice of the Supreme Court of the United States, and the Chief Justice of the United States. . (b) Conforming amendment The table of sections for chapter 73 of title 18, United States Code, is amended by adding at the end the following: 1522. Applicability to all officers, including the President and Vice President. . 118. Sense of Congress regarding violations It is the sense of Congress that a violation of section 112 of this Act or the Ethics in Government Act of 1978 (5 U.S.C. App.) by the President or the Vice President would constitute a high crime or misdemeanor under article II, section 4 of the Constitution of the United States. 119. Rule of construction Nothing in this subtitle or an amendment made by this subtitle shall be construed to violate the Constitution of the United States. 120. Severability If any provision of this subtitle or any amendment made by this subtitle, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this subtitle and the amendments made by this subtitle, and the application of the provision or amendment to any other person or circumstance, shall not be affected. C Strengthening criminal anti-Corruption laws 121. Bribery of public officials and witnesses (a) Definition Section 201(a) of title 18, United States Code, is amended— (1) in paragraph (2), by striking and at the end; (2) by striking paragraph (3) and inserting the following: (3) the term official act — (A) means any decision or action on, or personal and substantial participation through acts, including approval, disapproval, recommendation, rendering of advice on, or investigation of any question, matter, cause, suit, proceeding or controversy, that may at any time be pending, or which may by law be brought before any public official, in such official’s capacity, or in such official’s place of trust or profit; and (B) includes— (i) advancing or advocating for an application to obtain a contract with the Government; (ii) aiding or impeding the progress or passage of legislation; (iii) providing access to any public official by arranging a meeting, event, telephone call, or other communication with the intent that such access influence the public official in an official act; and (iv) a single act, more than 1 act, or a course of conduct ; (3) by adding at the end the following: (4) the term rule or regulation means a Federal regulation or a rule of the House of Representatives or the Senate, including rules and regulations governing the acceptance of gifts and campaign contributions. . (b) Clarification Section 201(c) of title 18, United States Code, is amended by striking paragraph (1) and inserting the following: (1) otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation— (A) directly or indirectly gives, offers, or promises any thing or things of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; (B) directly or indirectly knowingly gives, offers, or promises any thing or things of value with an aggregate value of not less than $1000 to any public official, former public official, or person selected to be a public official for or because of the official’s or person’s official position; (C) being a public official, former public official, or person selected to be a public official, directly or indirectly, knowingly demands, seeks, receives, accepts, or agrees to receive or accept any thing or things of value with an aggregate value of not less than $1000 for or because of the official's or person's official position; or (D) being a public official, former public official, or person selected to be a public official, directly or indirectly demands, seeks, receives, accepts, or agrees to receive or accept any thing or things of value for or because of any official act performed or to be performed by such official or person; . 122. Prohibition on undisclosed self-dealing by public officials (a) In general Section 1346 of title 18, United States Code, is amended— (1) by striking , the and all that follows through the end and inserting and inserting “: (1) Material information The term material information means information— (A) regarding a financial interest of a person described in clauses (i) through (iv) of paragraph (5)(A); and (B) regarding the association, connection, or dealings by a public official with an individual, business, or organization described in clauses (iii) through (vi) of paragraph (5)(A). (2) Official act The term official act has the meaning given the term in section 201(a). (3) Public official The term public official means an officer, employee, or elected or appointed representative, or person acting for or on behalf of the United States, a State, or a subdivision of a State, or any department, agency or branch of government thereof, in any official function, under or by authority of any such department, agency, or branch of government. (4) State The term State includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (5) Undisclosed self-dealing The term undisclosed self-dealing means— (A) an official act by a public official for the purpose, in whole or in material part, of furthering or benefitting a financial interest, of which the public official has knowledge, of— (i) the public official; (ii) the spouse or minor child of a public official; (iii) a general business partner of the public official; (iv) a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner; (v) an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; or (vi) an individual, business, or organization from whom the public official has received any thing or things of value, otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation; (B) the knowing falsification, concealment, or covering up of material information by a public official that is required to be disclosed by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official; or (C) the knowing failure of a public official to disclose material information in a manner that is required by any Federal, State, or local statute, rule, regulation, or charter applicable to the public official. (6) Scheme or artifice to defraud The term scheme or artifice to defraud includes— (A) a scheme or artifice to deprive another of the intangible right of honest services; and (B) a scheme or artifice by a public official to engage in undisclosed self-dealing. . (b) Applicability The amendments made by this section shall apply to any act on or after the date of the enactment of this Act. D Requiring financial disclosures before taking office 131. Prohibition on taking office until financial disclosures are filed Section 104 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (e) A Member of Congress may not assume office for the term after the date on which the Member of Congress is elected unless the Member of Congress files or reports all the information that the Member of Congress is required to report under section 102. . E Strengthening Inauguration Fund Rules 141. Strengthening Inauguration Fund rules (a) Requirements for inaugural committees Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following new section: 325. Inaugural committees (a) Prohibited donations (1) In general It shall be unlawful— (A) for an Inaugural Committee— (i) to solicit, accept, or receive a donation from a person that— (I) is not an individual; (II) is a registered lobbyist; or (III) is a Federal contractor; or (ii) to solicit, accept, or receive a donation from a foreign national; (B) for a person— (i) to make a donation to an Inaugural Committee in the name of another person, or to knowingly authorize his or her name to be used to effect such a donation; (ii) to knowingly accept a donation to an Inaugural Committee made by a person in the name of another person; or (iii) to convert a donation to an Inaugural Committee to personal use as described in paragraph (2); (C) for a foreign national to, directly or indirectly, make a donation, or make an express or implied promise to make a donation, to an Inaugural Committee; (D) for a registered lobbyist to, directly or indirectly, make a donation, or make an express or implied promise to make a donation, to an Inaugural Committee; and (E) for a Federal contractor to, directly or indirectly, make a donation, or make an express or implied promise to make a donation, to an Inaugural Committee. (2) Conversion of donation to personal use For purposes of paragraph (1)(B)(iii), a donation shall be considered to be converted to personal use if any part of the donated amount is used to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee under chapter 5 of title 36, United States Code. (3) No effect on disbursement of unused funds to nonprofit organizations Nothing in this subsection may be construed to prohibit an Inaugural Committee from disbursing unused funds to an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (b) Limitation on donations (1) In general It shall be unlawful for an individual to make donations to an Inaugural Committee which, in the aggregate, exceed $10,000. (2) Indexing At the beginning of each Presidential election year (beginning with 2024), the amount described in paragraph (1) shall be increased by the cumulative percent difference determined in section 315(c)(1)(A) since the previous Presidential election year. If any amount after such increase is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. (c) Disclosure of certain donations and disbursements (1) Donations over $1,000 (A) In general An Inaugural Committee shall file with the Commission a report disclosing any donation by an individual to the committee in an amount of $1,000 or more not later than 24 hours after the receipt of such donation. (B) Contents of report A report filed under subparagraph (A) shall contain— (i) the amount of the donation; (ii) the date the donation is received; and (iii) the name and address of the individual making the donation. (2) Final report Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the Inaugural Committee shall file with the Commission a report containing the following information: (A) For each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200— (i) the amount of the donation; (ii) the date the donation is received; and (iii) the name and address of the individual making the donation. (B) The total amount of all disbursements, and all disbursements in the following categories: (i) Disbursements made to meet committee operating expenses. (ii) Repayment of all loans. (iii) Donation refunds and other offsets to donations. (iv) Any other disbursements. (C) The name and address of each person— (i) to whom a disbursement in an aggregate amount or value in excess of $200 is made by the committee to meet a committee operating expense, together with date, amount, and purpose of such operating expense; (ii) who receives a loan repayment from the committee, together with the date and amount of such loan repayment; (iii) who receives a donation refund or other offset to donations from the committee, together with the date and amount of such disbursement; and (iv) to whom any other disbursement in an aggregate amount or value in excess of $200 is made by the committee, together with the date and amount of such disbursement. (d) Definitions For purposes of this section: (1) (A) The term donation includes— (i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person to the committee; or (ii) the payment by any person of compensation for the personal services of another person which are rendered to the committee without charge for any purpose. (B) The term donation does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee. (2) The term foreign national has the meaning given that term by section 319(b). (3) The term Inaugural Committee has the meaning given that term by section 501 of title 36, United States Code. (4) The term registered lobbyist means a lobbyist, as defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ), that is registered or required to register under section 4(a) of that Act ( 2 U.S.C. 1603(a) ) . (b) Confirming amendment related to reporting requirements Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ) is amended— (1) by striking subsection (h); and (2) by redesignating subsection (i) as subsection (h). (c) Conforming amendment related to status of committee Section 510 of title 36, United States Code, is amended to read as follows: 510. Disclosure of and prohibition on certain donations A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of section 325 of the Federal Election Campaign Act of 1971. . (d) Effective date The amendments made by this subtitle shall apply with respect to Inaugural Committees established under chapter 5 of title 36, United States Code, for inaugurations held in 2021 and any succeeding year. F Political intelligence transparency 151. Disclosure of political intelligence activities under Lobbying Disclosure Act (a) Definitions Section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ) is amended— (1) in paragraph (2)— (A) by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; and (B) by inserting after lobbyists the following: or political intelligence consultants ; (2) by redesignating paragraph (16) as paragraph (25); (3) by redesignating paragraph (15) as paragraph (22); (4) by redesignating paragraphs (4) through (14) as paragraphs (7) through (17), respectively; (5) by redesignating paragraph (3) as paragraph (5); (6) by inserting after paragraph (2) the following: (3) Commodity The term commodity has the meaning given such term in section 1a(9) of the Commodity Exchange Act ( 7 U.S.C. 1a(9) ). ; (7) by inserting after paragraph (17), as so redesignated, the following: (18) Political intelligence activities The term political intelligence activities means political intelligence contacts and efforts in support of such contacts, including preparation and planning activities, research, and other background work that is intended, at the time it is performed, for use in contacts, and coordination with such contacts and efforts of others. (19) Political intelligence consultant The term political intelligence consultant means any individual who is employed or retained by a client for financial or other compensation for services that include one or more political intelligence contacts, including an individual who provides brokerage and research services under section 28(e) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78bb(e) ). (20) Political intelligence contact (A) Definition The term political intelligence contact means any oral or written communication (including an electronic communication)— (i) to a covered executive branch official or a covered legislative branch official; (ii) the information derived from which is for use in— (I) analyzing the markets for securities, commodities for future delivery, swaps, or security-based swaps; or (II) informing investment decisions in any such market; and (iii) which is made on behalf of a client with regard to— (I) the formulation, modification, or adoption of Federal legislation (including legislative proposals); (II) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government; (III) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license); or (IV) the nomination or confirmation of a person for a position subject to confirmation by the Senate. (B) Exception The term political intelligence contact does not include a communication that is— (i) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (ii) made in a speech, article, publication or other material that is distributed and made available to the public, or through radio, television, cable television, or other medium of mass communication; (iii) made on behalf of a government of a foreign country or a foreign political party and disclosed under the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 et seq. ); (iv) a request for a meeting, a request for the status of an action, or any other similar administrative request, if the request does not include an attempt to influence a covered executive branch official or a covered legislative branch official; (v) made in the course of participation in an advisory committee subject to the Federal Advisory Committee Act (5 U.S.C. App.); (vi) testimony given before a committee, subcommittee, or task force of either House of Congress or the Congress, or submitted for inclusion in the public record of a hearing conducted by such committee, subcommittee, or task force; (vii) information provided in writing in response to an oral or written request by a covered executive branch official or a covered legislative branch official for specific information; (viii) required by subpoena, civil investigative demand, or otherwise compelled by statute, regulation, or other action of the Congress or an agency, including any communication compelled by a Federal contract, grant, loan, permit, or license; (ix) made in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications; (x) not possible to report without disclosing information, the unauthorized disclosure of which is prohibited by law; (xi) made to an official in an agency with regard to— (I) a judicial proceeding or a criminal or civil law enforcement inquiry, investigation, or proceeding; or (II) a filing or proceeding that the Government is specifically required by statute or regulation to maintain or conduct on a confidential basis, if that agency is charged with responsibility for such proceeding, inquiry, investigation, or filing; (xii) made in compliance with written agency procedures regarding an adjudication conducted by the agency under section 554 of title 5, United States Code, or substantially similar provisions; (xiii) a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; (xiv) a petition for agency action made in writing and required to be a matter of public record pursuant to established agency procedures; (xv) made on behalf of an individual with regard to that individual's benefits, employment, or other personal matters involving only that individual, except that this clause does not apply to any communication with a covered legislative branch official (other than the individual's elected Members of Congress or employees who work under such Members' direct supervision), with respect to the formulation, modification, or adoption of private legislation for the relief of that individual; (xvi) a disclosure by an individual that is protected under paragraphs (8) and (9) of section 2302 of title 5, United States Code (or another comparable Federal statute), under the Inspector General Act of 1978 (5 U.S.C. App.), or under another provision of law; (xvii) made by— (I) a church, its integrated auxiliary, or a convention or association of churches that is exempt from filing a Federal income tax return under paragraph (2)(A)(i) of section 6033(a) of the Internal Revenue Code of 1986; or (II) a religious order that is exempt from filing a Federal income tax return under paragraph (2)(A)(iii) of such section 6033(a); or (xviii) (I) between— (aa) officials of a self-regulatory organization (as defined in section 3(a)(26) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(26) ) that is registered with or established by the Securities and Exchange Commission as required by that Act or a similar organization that is designated by or registered with the Commodities Future Trading Commission as provided under the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ); and (bb) the Securities and Exchange Commission or the Commodities Future Trading Commission, respectively; and (II) relating to the regulatory responsibilities of such organization under that Act. (21) Political intelligence firm The term political intelligence firm means a person or entity that has one or more employees who are political intelligence consultants to a client other than that person or entity. ; (8) by inserting after paragraph (22), as so redesignated, the following: (23) Security The term security has the meaning given such term in section 3(a)(10) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(10) ). (24) Security-based swap The term security-based swap has the meaning given such term in section 3(a)(68) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(68) ). ; and (9) by adding at the end the following: (26) Swap The term swap has the meaning given such term in section 1a(47) of the Commodity Exchange Act ( 7 U.S.C. 1a(47) ). . (b) Registration requirement Section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ) is amended— (1) in the section heading, by inserting and political intelligence consultants after lobbyists ; (2) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) General rule A lobbyist or a political intelligence consultant (or, as provided under paragraph (2), the organization employing such lobbyist or consultant), shall register with the Director of the Office of Public Integrity— (A) no later than 30 days after— (i) the lobbyist is first employed or retained to engage in lobbying activities on behalf of a client or first engages in lobbying activities, whichever is earlier; or (ii) the political intelligence consultant first makes a political intelligence contact or is employed or retained to make a political intelligence contact, whichever is earlier; or (B) on the first business day after such 30th day if the 30th day is not a business day. ; (B) in paragraph (2), by inserting after lobbyists each place that term appears the following: or political intelligence consultants ; and (C) in paragraph (3)(A)— (i) in clause (i)— (I) by inserting after lobbying activities the following: and political intelligence activities ; and (II) by inserting after lobbying firm the following: or political intelligence firm ; and (ii) in clause (ii)— (I) by inserting after lobbying activities the first place it appears the following: and political intelligence activities ; and (II) by inserting after lobbying activities the second place it appears the following: or political intelligence activities ; (3) in subsection (b)— (A) in paragraph (3), by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; (B) in paragraph (5), by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; (C) in the matter following paragraph (6), by inserting or political intelligence activities after such lobbying activities ; (D) in paragraph (7), by inserting or political intelligence consultant after lobbyist ; (E) in the matter following paragraph (7), by adding Any threshold dollar amount or percentage described in this subsection relates to the sum of the income, contributions, or percent equitable ownership related to lobbying activities and the income, contributions, or percent equitable ownership related to political intelligence activities. at the end; and (4) in subsection (d), by inserting after lobbying activities each place that term appears the following: or political intelligence activities . (c) Reports by registered political intelligence consultants Section 5 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ) is amended— (1) in the section heading, by inserting and political intelligence consultants after lobbyists ; (2) in subsection (a), by inserting after lobbying activities the following: and political intelligence activities ; (3) in subsection (b)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting after lobbying activities the following: or political intelligence activities ; (ii) in subparagraph (A)— (I) by inserting after lobbyist the following: or political intelligence consultant ; and (II) by inserting after lobbying activities the following: or political intelligence activities ; (iii) in subparagraph (B), by inserting after lobbyists the following: or political intelligence consultants ; and (iv) in subparagraph (C), by inserting after lobbyists the following: or political intelligence consultants ; (B) in paragraph (3)— (i) by inserting after lobbying firm the following: or political intelligence firm ; and (ii) by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; (C) in paragraph (4), by inserting after lobbying activities each place that term appears the following: or political intelligence activities ; and (D) in paragraph (6), by inserting or political intelligence consultant after lobbyist ; and (4) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting or a political intelligence consultant after a lobbyist . (d) Disclosure and enforcement Section 6(a) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605(a) ) is amended— (1) in paragraph (3)(A), by inserting after lobbying firms, the following: political intelligence consultants, political intelligence firms, ; (2) in paragraph (7), by striking or lobbying firm and inserting lobbying firm, political intelligence consultant, or political intelligence firm ; and (3) in paragraph (8), by striking or lobbying firm and inserting lobbying firm, political intelligence consultant, or political intelligence firm . (e) Rules of construction Section 8(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1607(b) ) is amended by striking or lobbying contacts and inserting lobbying contacts, political intelligence activities, or political intelligence contacts . (f) Identification of clients and covered officials Section 14 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1609 ) is amended— (1) in subsection (a)— (A) in the heading, by inserting or Political Intelligence after Lobbying ; (B) by inserting or political intelligence contact after lobbying contact each place that term appears; and (C) in paragraph (2), by inserting or political intelligence activity, as the case may be after lobbying activity ; (2) in subsection (b)— (A) in the heading, by inserting or Political Intelligence after Lobbying ; (B) by inserting or political intelligence contact after lobbying contact each place that term appears; and (C) in paragraph (2), by inserting or political intelligence activity, as the case may be after lobbying activity ; and (3) in subsection (c), by inserting or political intelligence contact after lobbying contact . (g) Gifts Section 25 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1613 ) is amended— (1) in the section heading, by inserting and political intelligence consultants after lobbyists ; and (2) in subsection (b)— (A) by inserting or political intelligence consultant after any lobbyist ; (B) by inserting or political intelligence consultants after 1 or more lobbyists ; and (C) by inserting or political intelligence consultant after listed as a lobbyist . (h) Annual audits and reports by comptroller general Section 26 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1614 ) is amended— (1) in subsection (a)— (A) by inserting political intelligence firms, political intelligence consultants, after lobbying firms ; and (B) by striking lobbying registrations and inserting registrations ; (2) in subsection (b)(1)(A), by inserting political intelligence firms, political intelligence consultants, after lobbying firms ; and (3) in subsection (c), by inserting or political intelligence consultant after a lobbyist . 152. Effective date The amendments made by this subtitle shall apply with respect to any political intelligence contact (as defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ), as amended by this subtitle) that is made on or after the date that is 1 year after the date of the enactment of this Act. II Lobbying Reform 201. Enforcement by the Office of Public Integrity The Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) is amended— (1) in section 4(d) ( 2 U.S.C. 1603(d) ), in the flush text following paragraph (2), by striking Secretary of the Senate and the Clerk of the House of Representatives and inserting Director of the Office of Public Integrity ; (2) in section 5 ( 2 U.S.C. 1604 )— (A) in subsection (a), by striking Secretary of the Senate and the Clerk of the House of Representatives and inserting Director of the Office of Public Integrity ; (B) in subsection (d)(1), in the matter preceding subparagraph (A), by striking Secretary of the Senate and the Clerk of the House of Representatives and inserting Director of the Office of Public Integrity ; and (C) in subsection (e)— (i) by striking Secretary of the Senate or the Clerk of the House of Representatives and inserting Director of the Office of Public Integrity ; and (ii) by striking Secretary of the Senate and the Clerk of the House of Representatives and inserting Director of the Office of Public Integrity ; (3) in section 6(a) ( 2 U.S.C. 1605(a) ), in the matter preceding paragraph (1), by striking Secretary of the Senate and the Clerk of the House of Representatives and inserting Director of the Office of Public Integrity ; (4) in section 7(a)(1) ( 2 U.S.C. 1606(a)(1) ), by striking Secretary of the Senate or the Clerk of the House of Representatives and inserting Director of the Office of Public Integrity ; and (5) in section 8(c) ( 2 U.S.C. 1607(c) ), by striking Secretary of the Senate or the Clerk of the House of Representatives and inserting Director of the Office of Public Integrity . 202. Definitions Section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ) is amended— (1) by inserting after paragraph (3), as added by section 151(a) of this Act, the following: (4) Corporate lobbyist The term corporate lobbyist means a lobbyist that, for financial or other compensation for services that include lobbying activities, is employed or retained by a client that is— (A) a covered for-profit entity; or (B) an entity described in section 501(c)(6) of the Internal Revenue Code of 1986 of which 1 or more members are covered for-profit entities. ; (2) by inserting after paragraph (5), as so redesignated by section 151(a) of this Act, the following: (6) Covered for-profit entity The term covered for-profit entity — (A) means— (i) a corporation, limited liability company, or other entity that is created by the filing of a public document with a secretary of state of a State or similar office; (ii) a general partnership; or (iii) any similar entity formed under the laws of a foreign jurisdiction; and (B) does not include— (i) an entity described in paragraph (3), (4), or (5) of section 501(c) of the Internal Revenue Code of 1986; (ii) a political organization, as defined in section 527 of such Code, that is exempt from taxation under that section. ; (3) in paragraph (11), as so redesignated by section 151(a) of this Act, by inserting provision of strategic advice, and after planning activities, ; (4) in paragraph (10)(B), as so redesignated by section 151(a) of this Act— (A) by striking clause (v); and (B) by redesignating clauses (vi) through (xix) as clauses (v) through (xviii), respectively; and (5) by striking paragraph (13), as so redesignated by section 151(a) of this Act, and inserting the following: (13) Lobbyist The term lobbyist — (A) means an individual who is employed or retained by a client for financial or other compensation— (i) for services that include making 1 or more lobbying contacts; or (ii) to engage in lobbying activities that do not include making lobbying contacts; and (B) includes a corporate lobbyist. . 203. Registration of lobbyists Section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ) is amended— (1) in subsection (a)(3)— (A) in subparagraph (A)— (i) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (ii) in the matter preceding subclause (I), as so redesignated, by striking entity whose— and inserting the following: “entity— (i) of which the— ; (iii) in clause (i), as so designated— (I) in subclause (I), as so redesignated, by inserting , as estimated under section 5 after $2,500 ; and (II) in subclause (II), as so redesignated, by inserting as estimated under section 5; or after $10,000, ; (iv) by inserting after clause (i)(II), as so designated, the following: (ii) that engages in lobbying activities for less than 8 hours, ; and (v) in the flush text following clause (ii)— (I) by striking (as estimated under section 5) ; and (II) by striking with respect to such client and inserting , in the case of a person or entity described in subclause (I) or (II) of clause (i), with respect to such client, or, in the case of a person or entity described in clause (ii), with respect to any client of the person or entity. ; and (B) in subparagraph (B), by striking subparagraph (A) and inserting subparagraph (A)(i) ; (2) in subsection (b)— (A) by striking paragraph (4); (B) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (C) in paragraph (4), as so redesignated— (i) in subparagraph (A)— (I) by striking the general issues areas and inserting each specific issue area ; and (II) by striking and at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following: (B) each specific action or inaction that, as of the date of the registration, has already been requested, or that will be requested; ; and (iv) in subparagraph (C), as so redesignated— (I) by striking to the extent practicable, specific issues that have and inserting each specific issue, including any Federal legislation, rule, or regulation, or Executive order, that has ; and (II) by striking are and inserting is ; (D) in paragraph (5), as so redesignated, by striking the period and inserting a semicolon; and (E) by inserting after paragraph (5), as so redesignated, the following: (6) the name of each covered legislative branch official or covered executive branch official who, as of the date of the registration, has already been contacted, or is likely to be contacted, in any lobbying activity on behalf of the client; and (7) with respect to any person or entity that, as of the date of the registration, or has been retained, by the registrant to engage in any lobbying activity on behalf of the client of the registrant— (A) the name, address, business telephone number, and principal place of business of the person or entity; (B) a description of any lobbying contact that, as of the date of the registration, has been made in, or is likely to be made, on behalf of the client of the registrant by the person or entity; (C) with respect to the lobbying activity on behalf of the client of the registrant, the amount that the registrant, as of the date of the registration, has paid, or is likely to pay, to the person or entity as compensation for the lobbying activity; and (D) the name of each employee of the person or entity who, as of the date of the registration, has supervised, or who is likely to supervise, any lobbying activity on behalf of the client of the registrant. ; and (3) by striking subsection (c) and inserting the following: (c) Multiple clients In the case of a registrant that engages in lobbying activities or political intelligence activities on behalf of more than 1 client, the registrant shall file a separate registration for each client. . 204. Reports by lobbyists (a) Quarterly reports Section 5(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(b) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) a statement of— (A) each specific issue with respect to which the registrant, or any employee of the registrant, engaged in lobbying activities or political intelligence activities, including, to the maximum extent practicable, a statement of each bill number and reference to any specific Federal rule or regulation, Executive order, or any other program, policy, or position of the United States Government; (B) each lobbying activity or political intelligence activity that the registrant has engaged in on behalf of the client, including— (i) each document prepared by the registrant that was submitted to any covered legislative branch official or covered executive branch official; (ii) each meeting conducted that constituted a lobbying contact or a political intelligence contact, including the subject of the meeting, the date of the meeting, and the name and position of each individual who was a party to the meeting; (iii) each phone call made that constituted a lobbying contact or a political intelligence contact, including the subject of the phone call, the date of the phone call, and the name and position of each individual who was a party to the phone call; and (iv) each email sent that constituted a lobbying contact or a political intelligence contact, including the subject of the email, the date of the email, and the name and position of each individual who was a party to the email; (C) the name of each employee of the registrant who did not participate in the lobbying contact or a political intelligence contact but engaged in lobbying activities or political intelligence activities, respectively, in support of the lobbying contact or political intelligence contact, respectively, and a description of any such lobbying activity or a political intelligence activity; and (D) with respect to any person or entity retained by the registrant to engage in lobbying activities or political intelligence activities on behalf of the client of the registrant— (i) the name, address, business telephone number, and principal place of business of the person or entity; (ii) a description of any lobbying activity or political intelligence activity by the person or entity on behalf of the client of the registrant; (iii) the amount the registrant paid to the person or entity for any lobbying activity or political intelligence activity by the person or entity on the behalf of the client of the registrant; (iv) the name of each employee of the person or entity who supervised any lobbying activity or political intelligence activity by the person or entity on behalf of the client of the registrant; and (v) the official action or inaction requested in the course of the lobbying activity; . (2) in paragraph (4), by striking and at the end; (3) in paragraph (5), by striking the period and inserting ; and ; and (4) by adding at the end the following: (6) a copy of any document transmitted to a covered legislative branch official or a covered executive branch official in the course of any lobbying activity by the registrant on behalf of the client. . (b) Estimates based on tax reporting system Section 15 of the Lobbying Disclosure Act ( 2 U.S.C. 1610 ) is repealed. 205. Prohibition on foreign lobbying (a) In general The Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) is amended— (1) by redesignating section 26 ( 2 U.S.C. 1614 ) as section 28; and (2) by inserting after section 25 ( 2 U.S.C. 1613 ) the following: 26. Prohibition on foreign lobbying (a) Definition In this section— (1) the term covered lobbyist means— (A) a lobbyist that is registered or is required to register under section 4(a)(1); (B) an organization that employs 1 or more lobbyists and is registered, or is required to register, under section 4(a)(2); and (C) an employee listed or required to be listed as a lobbyist by a registrant under section 4(b)(6) or 5(b)(2)(C); and (2) the terms information-service employee , public-relations counsel , and publicity agent have the meanings given those terms in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ). (b) Prohibition Except as provided in subsection (c), a covered lobbyist may not accept financial or other compensation for services that include lobbying activities on behalf of a foreign entity. (c) Exemptions The prohibition under subsection (b) shall not apply to the following covered lobbyists: (1) Diplomatic or consular officers A duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, while the officer is engaged exclusively in activities that are recognized by the Department of State as being within the scope of the functions of the officer. (2) Officials of foreign governments An official of a foreign government, if that government is recognized by the United States, who is not a public-relations counsel, a publicity agent, or an information-service employee, or a citizen of the United States, whose name and status and the character of whose duties as an official are of public record in the Department of State, while said official is engaged exclusively in activities that are recognized by the Department of State as being within the scope of the functions of the official. (3) Staff members of diplomatic or consular officers A member of the staff of, or any person employed by, a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, other than a public-relations counsel, a publicity agent, or an information-service employee, whose name and status and the character of whose duties as such member or employee are of public record in the Department of State, while the member or employee is engaged exclusively in the performance of activities that are recognized by the Department of State as being within the scope of the functions of the member or employee. (4) Persons engaging or agreeing to engage in the soliciting or collecting of funds for humanitarian relief A person engaging or agreeing to engage only in the soliciting or collecting of funds and contributions within the United States to be used only for medical aid and assistance, or for food and clothing to relieve human suffering, if the solicitation or collection of funds and contributions is in accordance with, and subject to, the provisions of the Neutrality Act of 1939 ( 22 U.S.C. 441 et seq. ), and such rules and regulations as may be prescribed thereunder. (5) Certain persons qualified to practice law (A) In general A person qualified to practice law, insofar as the person engages, or agrees to engage in, the legal representation of a disclosed foreign entity before any court of law or any agency of the Government of the United States. (B) Legal representation For the purpose of this paragraph, legal representation does not include any attempt to influence or persuade agency personnel or officials other than in the course of— (i) a judicial proceeding; (ii) a criminal or civil law enforcement inquiry, investigation, or proceeding; or (iii) an agency proceeding required by statute or regulation to be conducted on the record. (d) Penalties Any person who knowingly violates this section shall be fined not more than $200,000, imprisoned for not more than 5 years, or both, and any compensation received for engaging in the unlawful activity shall be subject to disgorgement. . (b) Conforming amendment Section 7 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1606 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking Whoever and inserting Except as otherwise provided in this Act, whoever ; and (2) in subsection (b), by striking Whoever and inserting Except as otherwise provided in this Act, whoever . 206. Prohibition on contingent fee lobbying The Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) is amended by inserting after section 26, as added by section 205, the following: 27. Prohibition on contingent fee arrangements (a) Definitions In this section, the term covered lobbyist means— (1) a lobbyist that is registered or is required to register under section 4(a)(1); (2) an organization that employs 1 or more lobbyists and is registered, or is required to register, under section 4(a)(2); and (3) an employee listed or required to be listed as a lobbyist by a registrant under section 4(b)(6) or 5(b)(2)(C). (b) Prohibition A covered lobbyist may not be employed under, or receive compensation in connection with, an arrangement in which compensation paid to the covered lobbyist is contingent on the result of lobbying activities engaged in by the covered lobbyist. (c) Penalties Any person who knowingly violates this section shall be fined not more than $200,000, imprisoned for not more than 5 years, or both, and any compensation received for engaging in the unlawful activity shall be subject to disgorgement. . 207. Prohibition on provision of gifts or travel by registered lobbyists Section 25 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1613 ) is amended— (1) in the section heading, by striking to Members of Congress and to congressional employees ; (2) by striking subsection (a) and inserting the following: (a) Prohibition Except as provided in subsection (c), a person described in subsection (b) may not make a gift or provide travel to a covered legislative branch official or a covered executive branch official. ; and (3) by adding at the end the following: (c) Exceptions A person described in subsection (b) may make a gift or provide travel to a covered legislative branch official or a covered executive branch official if— (1) the gift or travel complies with any applicable rule of the Senate, House of Representatives, or executive branch applicable to the recipient of the gift or travel; and (2) the gift or travel— (A) is based on the personal or family relationship of the person with the covered legislative branch official or a covered executive branch official and is given with the knowledge and acquiescence of the covered legislative branch official or a covered executive branch official, unless the covered legislative branch official or a covered executive branch official has reason to believe that the gift or travel was given because of the official position of the covered legislative branch official or a covered executive branch official; (B) is a discount or similar benefit; (C) results from the business or employment activities of the spouse of the covered legislative branch official or a covered executive branch official; (D) is a gift or travel customarily provided by a prospective employer in connection with bona fide employment discussions; (E) in the case of a covered executive branch official, is of a kind authorized by a supplemental agency regulation that is— (i) issued by the agency that employs the covered executive branch official; and (ii) approved by the Director of the Office of Public Integrity; or (F) may be accepted by the covered legislative branch official or covered executive branch official under specific Federal statutory authority. . 208. Application of General Schedule to Congress (a) In general Section 5331 of title 5, United States Code, is amended— (1) in subsection (a), by striking this subchapter, agency , employee , position , and inserting the following: “this subchapter— (1) agency — (A) has the meaning given that term in section 5102 of this title; and (B) includes— (i) the Government Accountability Office; and (ii) any agency, office, or other entity for which the pay of the employees of the agency, office, or other entity is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; (2) employee — (A) means an individual employed in or under an agency; and (B) does not include a Member of Congress; and (3) position , ; and (2) in subsection (b), by inserting and employees in positions in an agency described in subsection (a)(1)(B) after chapter 51 applies . (b) Technical and conforming amendments (1) Section 5 of the Federal Pay Comparability Act of 1970 ( 2 U.S.C. 4531 ) is repealed. (2) Section 311 of the Legislative Branch Appropriations Act, 1988 ( 2 U.S.C. 4532 ) is repealed. (3) Sections 471 and 475 of the Legislative Reorganization Act of 1970 ( 2 U.S.C. 4533 , 4534) are repealed. (4) Section 4 of the Federal Pay Comparability Act of 1970 ( 2 U.S.C. 4571 ) is repealed. (5) Section 107 of the Legislative Branch Appropriation Act, 1977 ( 2 U.S.C. 4572 ) is repealed. (6) Section 315 of the Legislative Branch Appropriations Act, 1991 ( 2 U.S.C. 4573 ) is repealed. (7) Section 105 of the Legislative Branch Appropriation Act, 1968 ( 2 U.S.C. 4575 ) is amended— (A) by striking subsection (a); (B) by striking subsection (c); (C) by striking subsection (e); and (D) by striking subsection (f). (8) Section 114 of the Legislative Branch Appropriation Act, 1978 ( 2 U.S.C. 4576 ) is amended by striking maximum rate specified and all that follows and inserting rate payable for a position at level 15, step 10 of the General Schedule. . (9) Section 102(c)(2)(B) of the Legislative Branch Appropriations Act, 2002 ( 2 U.S.C. 4579(c)(2)(B) ) is amended by striking exceeding and all that follows and inserting exceeding 1/12 th of the maximum annual rate of pay that is payable for positions on the General Schedule under section 5304(g)(1) of title 5, United States Code. . 209. Reestablishment of Office of Technology Assessment (a) Authorization of appropriations Section 12(a) of the Technology Assessment Act of 1972 ( 2 U.S.C. 481(a) ) is amended by striking there is hereby and all that follows through the period at the end and inserting for each fiscal year there is authorized to be appropriated to the Office such sums as may be necessary. . (b) Initial appointments Not later than 60 days after the date on which appropriations are made available to reestablish the Office of Technology Assessment, the President pro tempore of the Senate and the Speaker of the House of Representatives shall appoint the members of the Technology Assessment Board in accordance with section 4(a) of the Technology Assessment Act of 1972 ( 2 U.S.C. 473(a) ). (c) Initial recommendations (1) In general Not later than 270 days after the date on which all members of the Technology Assessment Board are appointed under subsection (b), and after reviewing recommendations relating to the reestablishment of the Office of Technology Assessment and meeting with relevant stakeholders, the Technology Assessment Board shall submit to Congress recommendations concerning how Congress should enhance technology assessment support for the legislative branch, including whether Congress should enact new or revised authorities that address resources, function, structure, or other matters the Technology Assessment Board determines appropriate. (2) Review Not later than 90 days after the date on which Congress receives the recommendations under paragraph (1), each committee of the Senate or the House of Representatives with jurisdiction of any issue relating to technology assessment support for the legislative branch shall hold a hearing with respect to the recommendations. (d) Adjustments to Other Laws (1) Annual reports Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 ( 31 U.S.C. 1113 note) shall not apply to any report submitted under section 11 of the Technology Assessment Act of 1972 ( Public Law 92–48 , 86 Stat. 802). (2) Information for the Congressional Budget Office Section 201(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 601(e) ) is amended— (A) by inserting the Office of Technology Assessment, after Government Accountability Office, ; and (B) by inserting the Technology Assessment Board, after Comptroller General, . (3) Inclusion as an instrumentality of Congress Section 510(4) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12209(4) ) is amended by striking following:, and inserting following: the Office of Technology Assessment, . (e) Technical amendments Section 7(e)(1) of the Technology Assessment Act of 1972 ( 2 U.S.C. 476(e)(1) ) is amended by striking section 5702 and in 5704 of title 5 and inserting sections 5702 and 5704 of title 5, United States Code . 210. Progressive tax on lobbying expenditures (a) Tax provisions relating to lobbying expenditures (1) Excise tax on expenditures for lobbying activities (A) In general Chapter 33 of the Internal Revenue Code of 1986 is amended by inserting after subchapter C the following new subchapter: D Lobbying Activities Sec. 4286. Imposition of tax. 4286. Imposition of tax (a) In general There is hereby imposed on quarterly lobbying expenditures in excess of $125,000 a tax determined in accordance with the following table: If quarterly lobbying expenditures are: The tax is: Over $125,000 but not over $250,000 35% of the quarterly lobbying expenditures in excess of $125,000. Over $250,000 but not over $1,250,000 $43,750, plus 60% of the excess over $250,000. Over $1,250,000 $643,750, plus 75% of the excess over $1,250,000. (b) Exception (1) In general Except as provided in paragraph (2), the tax imposed by this section shall not apply to any organization described in section 501(c) and exempt from tax under section 501(a). (2) Application to certain business organizations Paragraph (1) shall not apply to any organization which— (A) is described in section 501(c)(6) and exempt from tax under section 501(a), and (B) has as a member of such organization an organization that is not described in section 501(c) and exempt from tax under section 501(a). (c) Payment of tax The tax imposed by this section shall be paid by the person paying for the quarterly lobbying expenditures. (d) Definitions For purposes of this section, the term quarterly lobbying expenditures means, with respect to any calendar quarter, the expenditures paid or incurred for lobbying activities (as defined under section 3 of the Lobbying Disclosure Act of 1995) during such calendar quarter. (e) Special rule For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single person. . (B) Conforming amendment The table of subchapters for chapter 33 of such Code is amended by inserting after the item related to subchapter C the following new item: Subchapter D—Lobbying Activities . (C) Effective date The amendments made by this paragraph shall apply to amounts paid or incurred in calendar quarters beginning more than 60 days after the date of the enactment of this Act. (2) Modification of definition of influencing legislation for purposes of restrictions on certain charitable organizations (A) In general Section 4911(e)(2) of the Internal Revenue Code of 1986 is amended— (i) by striking includes action with respect to Acts, bills and inserting includes— (i) the formulation, modification, or adoption of Acts, bills ; and (ii) by adding at the end the following new subparagraphs: (ii) the formulation, modification, or adoption of a Federal rule, regulation, Executive order, or any other program, policy, or position of the United States Government, (iii) the administration or execution of a Federal program or policy (including the negotiation, award, or administration of a Federal contract, grant, loan, permit, or license), and (iv) the nomination or confirmation of a person for a position subject to confirmation by the Senate. . (B) Conforming amendments Section 4911(e) of such Code is amended by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (C) Effective date The amendments made by this paragraph shall take effect 180 days after the date of the enactment of this Act. (b) Lobbying Defense Trust Fund (1) Establishment of fund (A) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Lobbying Defense Trust Fund (a) In general There is established in the Treasury of the United States a trust fund to be known as the Lobbying Defense Trust Fund , consisting of any amount appropriated or credited to the Trust Fund as provided in this section or section 9602(b). (b) Transfers to trust fund There is hereby appropriated to the Lobbying Defense Trust Fund amounts equivalent to— (1) the taxes received in the Treasury under section 4286, and (2) the civil penalties collected under the Anti-Corruption and Public Integrity Act and the amendments made by that Act. (c) Availability Amounts transferred to the Lobbying Defense Trust Fund shall— (1) remain available until expended; and (2) be used, without further appropriation, by the Director of the Office of Public Integrity in accordance with subsection (d). (d) Use of funds (1) Transfers to agencies (A) In general For each calendar quarter beginning more than 60 days after the date of the enactment of this section, not later than 30 days after the end of the quarter, the Director of the Office of Public Integrity (in this subsection referred to as the Director ) shall identify specific rules or other agency actions that were the subject of significant lobbying activity directed toward an executive agency during the quarter. (B) Transfer Not later than the end of each calendar quarter beginning more than 60 days after the date of the enactment of this section, the Director shall transfer from the Lobbying Defense Trust Fund to each executive agency that was the subject of significant lobbying activity during the previous quarter an amount equal to the amount obtained by multiplying— (i) the amount of taxes received in the Treasury under section 4286 that are attributable to lobbying expenditures during the previous quarter; by (ii) the percentage of such taxes that were based on lobbying expenditures during the previous quarter related to rulemaking within the jurisdiction of the executive agency. (C) Use of transferred funds An executive agency may use amounts transferred under subparagraph (B) for salaries and expenses relating to researching, reviewing, or finalizing rules or other agency actions in accordance with section 553 or 554 of title 5, United States Code. (D) Availability Amounts transferred under subparagraph (B) shall remain available until expended. (2) Office of the Public Advocate (A) Budget submission For each fiscal year beginning more than 60 days after the date of enactment of this section, the National Public Advocate shall submit to the Director a request— (i) indicating the amount the National Public Advocate is requesting be transferred to the Office of the Public Advocate; and (ii) describing the activities of the Office of the Public Advocate that would be carried out using the amounts. (B) Transfer After consideration of the request submitted under subparagraph (A) with respect to a fiscal year, the Director shall transfer to the Office of the Public Advocate from the Lobbying Defense Trust Fund the amount determined appropriate by the Director. (C) Use of funds Amounts transferred under subparagraph (B) may be used for any authorized activity of the Office of the Public Advocate, including salaries and expenses. (D) Availability Amounts transferred under subparagraph (B) shall remain available until expended. (3) Congressional support agencies (A) Transfer Not later than the end of each calendar quarter beginning more than 60 days after the date of the enactment of this section, the Director shall transfer from the Lobbying Defense Trust Fund to the Congressional Research Service, the Congressional Budget Office, the Government Accountability Office, and the Office of Technology Assessment an amount equal to 25 percent of the difference between— (i) the amount of taxes received in the Treasury under section 4286 that are attributable to lobbying expenditures during the previous quarter; and (ii) the amount of such taxes that were based on lobbying expenditures during the previous quarter related to rulemaking within the jurisdiction of an executive agency. (B) Use of funds Amounts transferred under subparagraph (A) may be used for any authorized activity of the agency receiving the amounts, including salaries and expenses. (C) Availability Amounts transferred under subparagraph (A) shall remain available until expended. (4) Regulations Not later than 180 days after the date of enactment of this Act, the Director shall promulgate regulations defining the term significant lobbying activity for purposes of this subsection. . (2) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: 9512. Lobbying Defense Trust Fund. . (3) Effective date The amendments made by this subsection shall take effect on the date of enactment of this Act. 211. Disclosure of registration status Section 14 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1609 ) is amended— (1) by striking subsections (a) and (b) and inserting the following: (a) Lobbying contacts Any person or entity that makes a lobbying contact with a covered legislative branch official or a covered executive branch official shall, at the time of the lobbying contact, state whether the person or entity is registered under this Act and identify the client on whose behalf the lobbying contact is made. ; and (2) by redesignating subsection (c) as subsection (b). III Rulemaking reform 301. Disclosure of conflicts of interest (a) In general Section 553 of title 5, United States Code, is amended— (1) in subsection (c), in the first sentence, by inserting , subject to subsections (f) and (h), after the agency shall ; and (2) by adding at the end the following: (f) With respect to any submission by an interested person under subsection (c) or any other submission by an interested person relating to a proposed rule that incorporates or includes a scientific or technical study, or any other result of scientific research not published in a publicly available peer-reviewed publication, the interested person, in making that submission, shall disclose— (1) the source of the funding for that study or research, as applicable; (2) any entity that sponsored the study or research; (3) the extent to which the findings of the study or research were reviewed by a party that may be affected by the rule making to which the submission relates; (4) the identity of any party identified under paragraph (3); and (5) the nature of any financial relationship, including a consulting agreement, the support of any expert witness, and the funding of research, between any person that conducted the study or research and any interested person with respect to the rule making to which the submission relates. . (b) Application Section 553(f) of title 5, United States Code, as added by subsection (a), shall apply with respect to submissions made by interested persons on and after the date of enactment of this Act. 302. Increasing disclosures relating to studies and research (a) In general Section 553 of title 5, United States Code, as amended by section 301 of this Act, is amended by adding at the end the following: (g) With respect to a study or research that is submitted by an interested person to an agency under subsection (c), the agency shall ensure that the study or research is available to the public, unless disclosure is prohibited under section 552 of this title. (h) (1) If a study or research submitted by an interested person to an agency under subsection (c) presents a conflict described in paragraph (2), the agency shall not consider the study or research in a rule making under this section and shall exclude the study or research from consideration, unless the interested person has certified, under standards developed by the National Academy of Sciences with respect to that certification, that the study or research has undergone independent peer review. (2) A conflict described in this paragraph means a study or research for which— (A) not less than 20 percent of the funding for the study or research is from an entity that is regulated by the agency; or (B) an entity that is regulated by the agency exercises editorial control over the study or research. (i) With respect to a rule making under this section, an agency shall include in the notice of proposed rule making required under subsection (b) and in the final rule published under subsection (d) a description of how the agency considered scientific evidence, including any study or research. . (b) Application Subsections (g), (h), and (i) of section 553 of title 5, United States Code, as added by subsection (a), shall apply with respect to submissions made by interested persons on and after the date of enactment of this Act. 303. Disclosure of inter-governmental rule changes (a) Definitions In this section— (1) the term Administrator means the Administrator of the Office; (2) the terms agency , regulatory action , and significant regulatory action have the meanings given those terms in section 3 of the Executive Order; (3) the term Executive Order means Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review); and (4) the term Office means the Office of Information and Regulatory Affairs. (b) Requirement With respect to any regulatory action that an agency provides to the Office under section 6(a)(3) of the Executive Order, and that the Administrator determines is a significant regulatory action under that section, the agency shall— (1) not later than the date on which the agency publishes the general notice of proposed rule making required under section 553(b) of title 5, United States Code, with respect to the action, place in the rule making docket— (A) the substance of any changes between the text of the draft regulatory action that the agency provided to the Office under section 6(a)(3)(B)(i) of the Executive Order and the text published in that general notice with respect to the action; and (B) a statement regarding whether any change described in subparagraph (A) was made at the request of— (i) the Office; (ii) another agency; or (iii) a Member of Congress; and (2) not later than the date on which the agency publishes the regulatory action in the Federal Register, place in the rule making docket— (A) the substance of any changes between the text of the regulatory action that the agency provided to the Office under section 6(a)(3)(B)(i) of the Executive Order and the text of the regulatory action that the agency published in the Federal Register; and (B) a statement regarding whether any change described in subparagraph (A) was made at the request of— (i) the Office; (ii) another agency; or (iii) a Member of Congress. (c) Rule of construction Nothing in this section shall be construed— (1) as an endorsement by Congress of— (A) the institution of centralized regulatory review; or (B) the procedural steps or requirements of an Executive order affecting administrative procedure; or (2) as a requirement that the President— (A) conduct centralized regulatory review; or (B) adopt, administer, or implement an Executive order affecting administrative procedure. 304. Justification of withdrawn rules (a) Definitions In this section— (1) the term Administrator means the Administrator of the Office; (2) the terms agency and regulatory action have the meanings given those terms in section 3 of the Executive Order; (3) the term Executive Order means Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review); and (4) the term Office means the Office of Information and Regulatory Affairs. (b) Requirement (1) In general If an agency withdraws a regulatory action after providing the action to the Office under section 6(a)(3) of the Executive Order (or, if the agency does not provide the regulatory action to the Office under that section, after publishing the general notice of proposed rule making with respect to the action under section 553(b) of title 5, United States Code), the agency shall publish in the Federal Register and on the website of the agency a statement regarding the decision by the agency to withdraw the action. (2) Contents A statement required under paragraph (1) with respect to a decision by an agency to withdraw a regulatory action shall include, at a minimum— (A) a detailed explanation of the reasons why the agency withdrew the action; and (B) an explanation regarding whether the decision by the agency to withdraw the action was based, in whole or in part, on a request by, or input from— (i) the Office; (ii) another agency; (iii) a Member of Congress; (iv) a State, local, or Tribal government; or (v) an organization, a corporation, a member of the public, or another interested party. 305. Negotiated rulemaking (a) In general Subchapter III of chapter 5 of title 5, United States Code, is amended— (1) in section 561, in the first sentence, by inserting between agencies and Federal, State, local, or Tribal governments. This subchapter shall apply only to information negotiations between Federal, State, local, or Tribal governments after informal rulemaking process ; (2) in section 563— (A) in subsection (a)— (i) in paragraph (2), by inserting Federal, State, local, or Tribal government after identifiable ; and (ii) in paragraph (3), by striking persons who and inserting representatives of Federal, State, local, and Tribal governments that ; (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) by striking persons who and inserting Federal, State, local, or Tribal governments that ; and (bb) by striking , including residents of rural areas ; and (II) in subparagraph (B)— (aa) by striking with such persons and inserting with representatives of those governments ; and (bb) by striking to such persons and inserting to those governments ; and (ii) in paragraph (2), in the second sentence— (I) by striking persons who and inserting representatives of Federal, State, local, or Tribal governments that ; and (II) by striking , including residents of rural areas ; (3) in section 564— (A) in the section heading, by striking ; applications for membership on committees ; (B) in subsection (a)— (i) in paragraph (4), by striking the persons and inserting the representatives of Federal, State, local, and Tribal governments ; (ii) in paragraph (6), by adding and at the end; (iii) in paragraph (7), by striking ; and and inserting a period; and (iv) by striking paragraph (8); (C) by striking subsection (b); (D) by redesignating subsection (c) as subsection (b); and (E) in subsection (b), as so redesignated— (i) in the subsection heading, by striking and applications ; and (ii) by striking and applications ; (4) in section 565(a)— (A) in paragraph (1), in the first sentence, by striking and applications ; and (B) in paragraph (2)— (i) by striking and applications ; and (ii) by striking publications, and all that follows through the period at the end and inserting publications. ; and (5) in section 569(a), in the first sentence— (A) by striking and encourage agency use of ; and (B) by inserting between Federal, State, local, and Tribal governments after negotiated rulemaking . (b) Technical and conforming amendments (1) Balanced Budget Act of 1997 Section 4554(b)(1) of the Balanced Budget Act of 1997 ( 42 U.S.C. 1395u note) is amended by striking , using a negotiated rulemaking process under subchapter III of chapter 5 of title 5, United States Code . (2) Elementary and Secondary Education Act of 1965 The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended— (A) in section 1601 ( 20 U.S.C. 6571 )— (i) in subsection (a), by striking subsections (b) through (d) and insert subsection (b) ; (ii) by striking subsections (b) and (c); and (iii) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; (B) by repealing section 1602 ( 20 U.S.C. 6572 ); and (C) in section 8204(c)(1) ( 20 U.S.C. 7824(c)(1) ), by striking using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define and inserting shall, for implementation no later than the 2017–2018 academic year, define . (3) Health Insurance Portability and Accountability Act of 1996 Section 216(b) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320a–7b note) is amended— (A) in the subsection heading, by striking Negotiated ; (B) by striking (1) Establishment .— and all that follows through chapter 5 of title 5, United States Code, standards and inserting the following: (1) In general The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall establish standards ; (C) by striking paragraphs (2) through (9); (D) by redesignating subparagraph (B) of paragraph (1) as paragraph (2) and adjusting the margins accordingly; and (E) in paragraph (2), as so redesignated, by striking subparagraph (A) and inserting paragraph (1) . (4) Higher Education Act of 1965 The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— (A) in section 207 ( 20 U.S.C. 1022f )— (i) by striking subsection (c); and (ii) by redesignating subsection (d) as subsection (c); (B) in section 422(g)(1) ( 20 U.S.C. 1072(g)(1) )— (i) in subparagraph (B), by adding and at the end; (ii) in subparagraph (C), by striking ; and and inserting a period; and (iii) by striking subparagraph (D); (C) in section 487A(b)(3)(B) ( 20 U.S.C. 1094a(b)(3)(B) ), by striking in the negotiated rulemaking process ; (D) in section 491(l)(4)(A) ( 20 U.S.C. 1098(l)(4)(A) ), by striking , not later than two years after the completion of the negotiated rulemaking process required under section 492 resulting from the amendments to this Act made by the Higher Education Opportunity Act, ; and (E) in section 492 ( 20 U.S.C. 1098a )— (i) in the section heading, by striking negotiated ; and (ii) by amending subsection (b) to read as follows: (b) Issuance of regulations After obtaining the advice and recommendations described in subsection (a)(1), the Secretary shall issue final regulations within the 360-day period described in section 437(e) of the General Education Provisions Act ( 20 U.S.C. 1232(e) ). . (5) Housing Act of 1949 Section 515(r)(3) of the Housing Act of 1949 ( 42 U.S.C. 1485(r)(3) ) is amended by striking in accordance with and all that follows through the period at the end and inserting under the rule making authority contained in section 557 of title 5, United States Code. . (6) Magnuson-Stevens Fishery Conservation and Management Act Section 305(g) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1855(g) ) is amended— (A) by striking paragraphs (2) and (3); (B) in paragraph (1)— (i) by striking (A) ; and (ii) by redesignating subparagraph (B) as paragraph (2) and adjusting the margins accordingly; and (C) in paragraph (2), as so redesignated, by striking the second sentence. (7) Mandatory Price Reporting Act of 2010 Section 2(b) of the Mandatory Price Reporting Act of 2010 ( Public Law 111–239 ; 124 Stat. 2501) is amended— (A) by striking Wholesale pork cuts and all that follows through Chapter 3 and inserting Wholesale pork cuts .—Chapter 3 ; and (B) by striking paragraphs (2), (3), and (4) ( 7 U.S.C. 1635k note). (8) Patient Protection and Affordable Care Act Section 5602 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 254b note) is amended— (A) in the section heading, by striking Negotiated ; (B) by striking subsections (b) through (h); (C) in subsection (a)— (i) by redesignating paragraph (2) as subsection (b) and adjusting the margins accordingly; (ii) by striking Establishment and all that follows through The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish, through a negotiated rulemaking process under subchapter 3 of chapter 5 of title 5, United States Code, and inserting Establishment .—The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall establish ; (iii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and adjusting the margins accordingly; and (iv) in paragraph (1), as so redesignated, by adding and at the end; and (D) in subsection (b), as so redesignated, by striking paragraph (1) and inserting subsection (a) . (9) Price-Anderson Amendments Act of 1988 Section 19 of the Price-Anderson Amendments Act of 1988 ( 42 U.S.C. 2210 note) is amended— (A) by striking subsection (b); and (B) in subsection (a)— (i) by striking Rulemaking and all that follows through The Nuclear and inserting Rulemaking Proceeding .—The Nuclear ; and (ii) by redesignating paragraph (2) as subsection (b) and adjusting the margins accordingly. (10) Social Security Act Title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) is amended— (A) in section 1834(l)(1) ( 42 U.S.C. 1395m(l)(1) ), by striking through a negotiated rulemaking process described in title 5, United States Code, and ; and (B) in section 1856(a) ( 42 U.S.C. 1395w–26(a) )— (i) by striking paragraphs (2) through (9); (ii) in paragraph (1)— (I) by striking Establishment and all that follows through The Secretary and inserting Establishment .—The Secretary ; (II) by striking and using a negotiated rulemaking process under subchapter III of chapter 5 of title 5, United States Code ; and (III) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and adjusting the margins accordingly; and (iii) in paragraph (2), as so redesignated— (I) by striking subparagraph (A) and inserting paragraph (1) ; and (II) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly. (11) Title 5 The table of sections for subchapter III of chapter 5 of title 5, United States Code, is amended by striking the item relating to section 564 and inserting the following: 564. Publication of notice. . (12) Title 49 Section 31136(g)(1) of title 49, United States Code, is amended— (A) by striking shall— and all that follows through issue and inserting shall issue ; (B) by striking ; or and inserting a period; and (C) by striking subparagraph (B). (13) Toxic Substances Control Act Section 8(a) of the Toxic Substances Control Act ( 15 U.S.C. 2607(a) ) is amended— (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6). (14) United States Housing Act of 1937 Section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ) is amended by repealing subsection (f). 306. Streamlining OIRA review (a) Definitions In this section— (1) the term Administrator means the Administrator of the Office; (2) the terms agency , regulatory action , and significant regulatory action have the meanings given those terms in section 3 of the Executive Order; (3) the term Executive Order means Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review); and (4) the term Office means the Office of Information and Regulatory Affairs. (b) Prohibitions (1) Non-executive branch officials With respect to a regulatory action of an agency, the Office may not engage in communications or meetings with an individual that is not employed by the executive branch of the Federal Government if the regulatory action is or may be subject to review by the Office under section 6(b) of the Executive Order. (2) Informal review With respect to a regulatory action of an agency that may be subject to review by the Office under section 6(b) of the Executive Order, the Office may not engage in communications or meetings with the agency before the date on which the agency submits the regulatory action to the Office under section 6(a)(3) of the Executive Order. (c) Time period for OIRA review (1) In general Except as provided in paragraph (2), the Office shall complete a review of a significant regulatory action under section 6(b) of the Executive Order not less than 45 days after the date on which the Office receives the significant regulatory action under section 6(a)(3) of the Executive Order. (2) Extension The Office may extend the 45-day period described in paragraph (1) by a single 30-day period if the Office provides the agency with, and makes publicly available, a written justification for the extension. (3) Publication of regulatory action If the Office waives review of a significant regulatory action of an agency under section 6(b)(2) of the Executive Order without a request for further consideration or does not notify the agency in writing of the results of the review under section 6(b) of the Executive Order within the time frame described in paragraph (1) or (2), the agency may publish the significant regulatory action in the Federal Register. (d) Rule of construction Nothing in this section shall be construed— (1) as an endorsement by Congress of— (A) the institution of centralized regulatory review; or (B) the procedural steps or requirements of an Executive order affecting administrative procedure; or (2) as a requirement that the President— (A) conduct centralized regulatory review; or (B) adopt, administer, or implement an Executive order affecting administrative procedure. 307. Limiting temporary court injunctions and postponing of final rules pending judicial review Section 705 of title 5, United States Code, is amended— (1) by striking the first sentence; and (2) by adding at the end the following: Notwithstanding the preceding sentence, with respect to agency action relating to notice and comment rule making under section 553 of this title, on such conditions as may be required and to the extent necessary to prevent irreparable injury, only the reviewing court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court or to the United States District Court for the District of Columbia may issue all necessary and appropriate process to postpone the effective date of the agency action or to preserve status or rights pending conclusion of the review proceedings. . 308. Penalizing individuals that submit false information to agencies Section 553 of title 5, United States Code, as amended by section 302 of this Act, is amended by adding at the end the following: (j) (1) In this subsection, the term covered person means— (A) any person who is or is required to be registered as a corporate lobbyist, as defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ); (B) any for-profit corporation; (C) any entity described in section 501(c)(6) of the Internal Revenue Code of 1986 of which 1 or more members are for-profit corporations; and (D) any person working on behalf of a for-profit corporation, including any person compensated by or otherwise financially supported by a corporation, for the purpose of submitting a statement or entry with respect to a rule making under this section. (2) Any covered person that uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry with respect to a rule making under this section shall be fined not more than $250,000, imprisoned not more than 5 years, or both. . 309. Establishment of the Office of the Public Advocate Section 401 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: (d) (1) (A) There is established in the Office of Public Integrity an office to be known as the Office of the Public Advocate . (B) The Office of the Public Advocate shall be under the supervision of an official to be known as the National Public Advocate , who shall— (i) be appointed by the President, by and with the advice and consent of the Senate; (ii) report to the Director of the Office of Public Integrity; (iii) not be an employee of the Federal Government; (iv) be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code; (v) have a background in customer service, consumer protection, and administrative law; (vi) have experience representing the public in cases involving rules (as defined in section 551 of title 5, United States Code); (vii) not have worked as an officer or employee in any Federal agency during the 2-year period preceding appointment under this subparagraph; and (viii) agree not to accept an offer of employment with a Federal agency for not less than 5 years after ceasing to serve as the National Public Advocate. (2) The duties of the Office of the Public Advocate shall include— (A) assisting individuals in resolving conflicts with agencies; (B) assisting agencies in soliciting public participation in the rule making process; (C) assisting individuals in participating in the rule making process; and (D) identifying areas in which the public has problems in dealing with agencies and proposing changes to mitigate those problems. (3) Not later than 180 days after the date on which the National Public Advocate is appointed under this subsection or 180 days after the date of enactment of this subsection, whichever is later, the National Public Advocate shall propose regulations to carry out this subsection. . 310. Actions by private persons (a) Definitions In this section, the terms agency and rule have the meanings given those terms in section 551 of title 5, United States Code. (b) Actions (1) In general A person may bring a civil action for the person and for the United States Government, in the name of the Government, against any person, including the United States Government and any other governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to the Constitution of the United States, for— (A) a violation of a final rule issued by an agency; or (B) the failure of the head of an agency to comply with any requirement under this Act. (2) Notice A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Government pursuant to rule 4(d)(4) of the Federal Rules of Civil Procedure. The Government may elect to intervene and proceed with the action within 60 days after it receives both the complaint and the material evidence and information. (3) Party conducting the action Before the expiration of the 60-day period under paragraph (2), the Government shall— (A) proceed with the action, in which case the action shall be conducted by the Government; or (B) notify the court that it declines to proceed with the action, in which case the person bringing the action shall have the right to conduct the action. (4) Award to plaintiff (A) Government proceeds with action If the Government proceeds with an action brought by a person under this subsection, the person shall receive at least 15 percent but not more than 25 percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the action. Any payment to a person under this subparagraph shall be made from the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. The expenses, fees, and costs shall be awarded against the defendant. (B) Government does not proceed with action If the Government does not proceed with an action under this subsection, the person bringing the action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. The amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the action or settlement and shall be paid out of the proceeds. The person shall also receive an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. The expenses, fees, and costs shall be awarded against the defendant. 311. Scope of review Section 706 of title 5, United States Code, is amended— (1) in the first sentence of the matter preceding paragraph (1), by striking To the extent necessary and inserting (a) In general .—To the extent necessary ; (2) in subsection (a), as so designated, by inserting after the first sentence the following: If a statute that an agency administers is silent or ambiguous, and an agency has followed the procedures in section 553 or 554 of this title, as applicable, a reviewing court shall defer to the agency’s reasonable or permissible interpretation of that statute. ; (3) by striking In making the foregoing determinations and inserting the following: (b) Review of record In making the determinations under subsection (a) ; (4) in subsection (b), as so designated, by inserting except any part of the record that the agency excluded from consideration pursuant to section 553(h)(1) of this title, after party, ; and (5) by adding at the end the following: (c) Unreasonable delay For purposes of subsection (a)(1), unreasonable delay shall include— (1) when an agency has not issued a notice of proposed rule making within 1 year of the date of enactment of the legislation mandating the rule making, where no deadline for the rule making was specified in the enacted law; (2) when an agency has not issued a final version of a proposed rule within 1 year of date on which the proposed rule was published in the Federal Register; and (3) when an agency has not implemented a final rule within 1 year of the implementation date published in the Federal Register or, if no implementation date was provided, within 1 year of the date on which the final rule was published in the Federal Register. . 312. Expanding rulemaking notifications Section 553 of title 5, United States Code, as amended by section 308 of this Act, is amended by adding at the end the following: (k) (1) Not later than 2 business days after the date on which an agency publishes a notice of proposed rule making or a final rule under this section, the agency shall notify interested parties of the publication. (2) The Director of the Government Publishing Office shall establish a process under which an agency shall notify interested parties under paragraph (1) through email or postal mail. . 313. Public petitions Section 553(e) of title 5, United States Code, is amended— (1) by inserting (1) before Each agency ; and (2) by adding at the end the following: (2) If, during a 60-day period, an agency receives more than 100,000 signatures on a single petition under paragraph (1), the agency shall, not later than 30 days after the date on which the agency receives the petition, provide a written response that includes— (A) an explanation of whether the agency has engaged or is engaging in the requested issuance, amendment, or repeal of a rule; and (B) if the agency has not engaged in the requested issuance, amendment, or repeal of a rule, a written explanation for not engaging in the requested issuance, amendment, or repeal. . 314. Amendment to Congressional Review Act Section 801(b) of title 5, United States Code, is amended— (1) in paragraph (1), by striking (1) ; and (2) by striking paragraph (2). 315. Cost-benefit analysis (a) Definitions In this section, the terms agency and regulation have the meanings given those terms in section 3 of Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review). (b) Requirement If an agency is performing a cost-benefit analysis in the course of issuing a regulation, the agency shall— (1) take into account the benefits of the regulation to the public, including the nonquantifiable benefits of the regulation; and (2) adopt a regulation that prioritizes benefits to the public, including nonquantifiable benefits. 316. Sense of Congress It is the sense of Congress that— (1) the Federal Employees Pay Comparability Act of 1990 (as enacted by section 529 of Public Law 101–509 ), which was designed to ensure that the disparity in pay between Federal employees on the General Schedule and non-Federal employees is not greater than 5 percent, has not been implemented as envisioned, resulting in significant pay disparities between Federal Government and non-Federal employees, including private-sector employees; (2) Federal employees have experienced pay challenges in recent years owing to pay freezes, reduced pay increases, and unpaid furlough days, which have adversely impacted the ability of the Federal Government to recruit and retain skilled employees; and (3) the President and Congress should allow the statutory pay laws to be implemented as intended, providing an annual across-the-board pay adjustment and a locality pay adjustment that varies by specific pay locality area. IV Judicial Ethics 401. 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 and inserting a gift ; and (2) in subsection (d)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the term gift means anything of value, including transportation, travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has been incurred. . (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. 402. Restrict privately funded educational events and speeches (a) Judicial Education Fund (1) Establishment Chapter 42 of title 28, United States Code, is amended by adding at the end the following: 630. Judicial Education Fund (a) Definitions In this section— (1) the term Board means the Board of the Federal Judicial Center established in section 621; (2) the term Fund means the Judicial Education Fund established under subsection (b); (3) the term institution of higher education has the meaning given that term under section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); (4) the term national bar association means a national organization that is open to general membership to all members of the bar; (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 (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 is a presenter and at which judges constitute less than 25 percent of the participants; and (6) the term State or local bar association means a State or local organization that is open to general membership to all members of the bar in the specified geographic region. (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 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 of title 28, United States Code, is amended by adding at the end the following: 630. Judicial Education Fund. . (b) Private judicial seminar gifts prohibited (1) Definitions In this subsection— (A) the term gift has the meaning given that term under section 7353 of title 5, United States Code, as amended by section 401; (B) the term institution of higher education has the meaning given that term under section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); and (C) the terms national bar association , private judicial seminar , and State or local bar association have the meanings given those terms under section 630 of title 28, United States Code, as added by subsection (a). (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 participates in a private judicial seminar as a speaker, panel participant, or otherwise presents information; (B) Federal judges 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 speaks, participates, or presents information, as applicable; (ii) attendance at the private judicial seminar on any day on which the judge 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. 403. 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 under section 1 of article III of the Constitution of the United States, the judges and justices shall, among other requirements, adhere to the Code of Conduct for United States Judges adopted by the Judicial Conference of the United States described in this section. (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 of title 28, United States Code, under which— (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 415; 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. 404. 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). (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 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 means any United States circuit court of appeals and the Supreme 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. 405. Appointment of administrative law judges (a) In general Section 3105 of title 5, United States Code, is amended by inserting after the first sentence the following: Administrative law judge positions shall be positions in the competitive service. . (b) Conversion of positions With respect to any individual serving on the date of enactment of this Act in an excepted service position as an administrative law judge appointed under section 3105 of title 5, United States Code, as in effect on the day before the date of enactment of this Act, the head of the agency employing the administrative law judge shall convert the appointment to a permanent appointment in the competitive service in the agency. (c) Applicability This section and the amendments made by this section shall apply on and after the date of enactment of this Act. 406. Improve reporting on judicial diversity Section 331 of title 28, United States Code, is amended in the eighth undesignated paragraph by adding at the end the following: The report submitted by the Chief Justice under this paragraph shall include a report on the diversity of the Federal judiciary, including diversity of justices and judges of the United States based on gender, race, ethnicity, religion, disability status, sexual orientation, gender identity, national origin, and professional experience (including any law firms where the judges previously practiced law) before being appointed a justice or judge of the United States. . 407. Pleading standards (a) In general Rule 12 of the Federal Rules of Civil Procedure is amended by adding at the end the following: (j) Pleading standards. A court shall not dismiss a complaint under Rule 12(b)(6), (c) or (e)— (1) unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim which would entitle the plaintiff to relief; or (2) on the basis of a determination by the court that the factual contents of the complaint do not show the plaintiff’s claim to be plausible or are insufficient to warrant a reasonable inference that the defendant is liable for the misconduct alleged. . (b) Applicability Rule 12(j) of the Federal Rules of Civil Procedure, as added by subsection (a) shall apply with respect to the dismissal of complaints except as otherwise expressly provided by an Act of Congress enacted after the date of the enactment of this Act or by amendments made after such date of enactment to the Federal Rules of Civil Procedure pursuant to the procedures prescribed by the Judicial Conference of the United States under chapter 131 of title 28, United States Code. 408. Electronic court records reform (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of General Services. (2) Director The term Director means the Director of the Administrative Office of the United States Courts. (3) Machine-readable The term machine-readable means a format in which information or data can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost. (b) Consolidation of the Case Management/Electronic Case Files system (1) In general Not later than 2 years after the date of the enactment of this Act, the Director, in coordination with the Administrator, shall— (A) consolidate the Case Management/Electronic Case Files system; and (B) develop 1 system for all filings with courts of the United States, which shall be administered by the Administrative Office of the United States Courts. (2) Use of technology In developing the system under paragraph (1), the Director shall use modern technology— (A) to improve security, data accessibility, affordability, and performance; and (B) to minimize the burden on pro se litigants. (3) Availability to States (A) In general A State may choose to participate in the system developed under this subsection. (B) Fee The Director shall charge a fee to a State that chooses to participate in the system developed under this subsection at a level sufficient to recover the cost of providing the services associated with the administration and maintenance of the system to the State. (c) Public Access to Court Electronic Records system requirements (1) In general Not later than 2 years after the date of the enactment of this Act, the Director, in coordination with the Administrator, shall update the Public Access to Court Electronic Records system, which shall be subject to the following requirements: (A) A document filed with a court shall be made publicly accessible upon filing, except as ordered by a court or by rule of the Judicial Conference of the United States. (B) All documents on the system shall be available to the public and to parties before the court free of charge. (C) Any information that is prohibited from public disclosure by law or court order shall be redacted. (D) All documents shall be text searchable and machine readable. (E) To the extent practicable, external websites shall be able to link to documents on the system. (F) The system shall include any available digital audio and visual files of court recordings. (G) The system shall provide search functions for public use. (2) Minimizing the burden on pro se litigants In developing the system to comply with the requirements under paragraph (1), the Director shall, to the extent practicable, not impose a disproportionate impact on pro se litigants. (3) Use of technology In developing the system under paragraph (1), the Director shall use modern technology— (A) to improve security, data accessibility (including accessibility to individuals with disabilities), affordability, and performance; and (B) to minimize the burden on pro se litigants. (4) Authority To exempt certain documents The Director may identify categories of— (A) documents that are not made publicly accessible under paragraph (1)(A); and (B) court proceedings, the recordings of which are not made available under paragraph (1)(F). (5) Filing fees The Judiciary Appropriations Act, 1992 (title III of Public Law 102–140 ; 105 Stat. 807) is amended by striking section 303 ( 28 U.S.C. 1913 note) and inserting the following: 303. (a) (1) To cover the costs of maintaining the Public Access to Court Electronic Records system in accordance with section 408(c) of the Anti-Corruption and Public Integrity Act , the Judicial Conference— (A) shall collect an annual fee from the Department of Justice equal to the Public Access to Court Electronic Records access fees paid by the Department of Justice in 2018, as adjusted for inflation; and (B) may, only to the extent necessary, prescribe reasonable filing fees, pursuant to sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States Code, for collection by the courts under those sections. (2) The filing fees shall be commensurate with the burden imposed on the court by the party. The filing fees shall impose a lesser fee on filers who are filing on behalf of individuals. Pro se litigants and litigants who certify their financial hardship shall not be subject to the filing fees. The Director of the Administrative Office of the United States Courts, under the direction of the Judicial Conference of the United States, shall prescribe a schedule of reasonable filing fees to cover the costs described in this subsection that the Director shall maintain and make available to the public. (b) The Judicial Conference and the Director shall transmit each schedule of fees prescribed under subsection (a) to Congress at least 30 days before the schedule becomes effective. All fees collected under subsection (a) shall be deposited as offsetting collections to the Judiciary Information Technology Fund pursuant to section 612(c)(1)(A) of title 28, United States Code, to reimburse expenses incurred in providing services in accordance with section 408(c) of the Anti-Corruption and Public Integrity Act . . (6) Rule of construction Nothing in this section, or the amendments made by this section, shall be construed to— (A) affect the filing fees or other filing procedures for prisoners; or (B) abrogate, limit, or modify the requirements described in section 1915 of title 28, United States Code. 409. Forced arbitration injustice repeal (a) Purposes The purposes of this section are to— (1) prohibit predispute arbitration agreements that force arbitration of future employment, consumer, antitrust, or civil rights disputes; and (2) prohibit agreements and practices that interfere with the right of individuals, workers, and small businesses to participate in a joint, class, or collective action related to an employment, consumer, antitrust, or civil rights dispute. (b) Arbitration of employment, consumer, antitrust, and civil rights disputes (1) In general Title 9 of the United States Code is amended by adding at the end the following: 4 Arbitration of Employment, Consumer, Antitrust, and Civil Rights Disputes Sec. 401. Definitions. 402. No validity or enforceability. 401. Definitions In this chapter— (1) the term antitrust dispute means a dispute— (A) arising from an alleged violation of the antitrust laws (as defined in subsection (a) of the first section of the Clayton Act) or State antitrust laws; and (B) in which the plaintiffs seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; (2) the term civil rights dispute means a dispute— (A) arising from an alleged violation of— (i) the Constitution of the United States or the constitution of a State; (ii) any Federal, State, or local law that prohibits discrimination on the basis of race, sex, age, gender identity, sexual orientation, disability, religion, national origin, or any legally protected status in education, employment, credit, housing, public accommodations and facilities, voting, veterans or servicemembers, health care, or a program funded or conducted by the Federal Government or State government, including any law referred to or described in section 62(e) of the Internal Revenue Code of 1986, including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis; and (B) in which at least one party alleging a violation described in subparagraph (A) is one or more individuals (or their authorized representative), including one or more individuals seeking certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; (3) the term consumer dispute means a dispute between— (A) one or more individuals who seek or acquire real or personal property, services (including services related to digital technology), securities or other investments, money, or credit for personal, family, or household purposes including an individual or individuals who seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; and (B) (i) the seller or provider of such property, services, securities or other investments, money, or credit; or (ii) a third party involved in the selling, providing of, payment for, receipt or use of information about, or other relationship to any such property, services, securities or other investments, money, or credit; (4) the term employment dispute means a dispute between one or more individuals (or their authorized representative) and a person arising out of or related to the work relationship or prospective work relationship between them, including a dispute regarding the terms of or payment for, advertising of, recruiting for, referring of, arranging for, or discipline or discharge in connection with, such work, regardless of whether the individual is or would be classified as an employee or an independent contractor with respect to such work, and including a dispute arising under any law referred to or described in section 62(e) of the Internal Revenue Code of 1986, including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis, and including a dispute in which an individual or individuals seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or as a collective action under section 16(b) of the Fair Labor Standards Act, or a comparable rule or provision of State law; (5) the term predispute arbitration agreement means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement; and (6) the term predispute joint-action waiver means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. 402. No validity or enforceability (a) In general Notwithstanding any other provision of this title, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to an employment dispute, consumer dispute, antitrust dispute, or civil rights dispute. (b) Applicability (1) In general An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. (2) Collective bargaining agreements Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom. . (c) Technical and conforming amendments (1) In general Title 9 of the United States Code is amended— (A) in section 1 by striking of seamen, and all that follows through interstate commerce and inserting in its place of individuals, regardless of whether such individuals are designated as employees or independent contractors for other purposes ; (B) in section 2 by inserting or as otherwise provided in chapter 4 before the period at the end; (C) in section 208— (i) in the section heading by striking Chapter 1; residual application and inserting Application ; and (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. ; and (D) in section 307— (i) in the section heading by striking Chapter 1; residual application and inserting Application ; and (ii) by adding at the end the following: This chapter applies to the extent that this chapter is not in conflict with chapter 4. . (2) Table of sections (A) Chapter 2 The table of sections of chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: 208. Application. . (B) Chapter 3 The table of sections of chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: 307. Application. . (3) Table of chapters The table of chapters of title 9, United States Code, is amended by adding at the end the following: 4. Arbitration of Employment, Consumer, Antitrust, and Civil Rights Disputes 401 . (d) Effective date This Act, and the amendments made by this Act, shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date. (e) Rule of construction Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit the use of arbitration on a voluntary basis after the dispute arises. 410. Restrictions on protective orders and sealing of cases and settlements (a) In general Chapter 111 of title 28, United States Code, is amended by adding at the end the following: 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 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: 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. 411. Secret settlements ban (a) Definitions In this section— (1) the terms antitrust dispute , civil rights dispute , consumer dispute , and employment dispute have the meanings given those terms in section 401 of title 9, United States Code, as added by section 409 of this Act; (2) the term covered agreement — (A) means a contract or settlement agreement between a covered person and any other person relating to an antitrust dispute, civil rights dispute, consumer dispute, discrimination dispute, or employment dispute; and (B) does not include a collective bargaining agreement between a covered person and the collective bargaining representative of the employees of the covered person; (3) the term covered person means— (A) an individual that is an employer; or (B) a corporation, limited liability company, or other entity that is created by the filing of a public document with a secretary of state of a State or similar office, without regard to whether the entity is a for-profit or nonprofit entity or is an employer; and (4) the term secret settlement provision means a provision in a covered agreement that has the purpose or effect of concealing the details of a claim relating to the antitrust dispute, civil rights dispute, consumer dispute, or employment dispute to which the covered agreement relates. (b) Ban on secret settlements A secret settlement provision— (1) shall be deemed against public policy; and (2) shall have no force or effect. (c) Notice A covered agreement shall include a bold, prominently placed notice stating that any secret settlement provision in the covered agreement has no force or effect and is unenforceable against any person. (d) Costs In any civil action, if a covered person seeks to enforce a secret settlement provision, the court may award costs, including reasonable attorney's fees, to the person against whom the covered person seeks to enforce the secret settlement provision. (e) Prohibition on retaliation A covered person shall not take or threaten to take any personnel action against a current or former employee of the covered person based in whole or in part on a failure or refusal by the employee to sign or enter into a covered agreement that contains a secret settlement provision. 412. Oversight process for disqualification of justice, judge, or magistrate judge Section 455 of title 28, United States Code, as amended by section 404 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 415 of the Anti-Corruption and Public Integrity Act . (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 415 of the Anti-Corruption and Public Integrity Act . (5) (A) For any judge or magistrate judge of the United States, the Judicial Conference of the United States shall— (i) establish a written process to determine whether a judge meets 1 or more of the criteria in subsection (b); and (ii) use any administrative procedures which may be necessary to aid in the execution of the written process described in clause (i), 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). (B) The process described in subparagraph (A)(i) 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 or at the Office of Public Integrity; (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. . 413. 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); ; and (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) the term retired judge means any judge of the United States who has retired from regular active service under section 371(b) or 372(a). . (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 does not include the retirement of the judge whose conduct is complained of or the nomination or confirmation of the judge to the Supreme Court of the United States. . 414. 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 does not include a retired 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. . 415. Supreme Court Complaints Review Committee (a) Definitions In this section: (1) Review Committee The term Review Committee means the Supreme Court Complaints Review Committee. (2) Close family member The term close family member includes— (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 of the members of the Committee on the Judiciary of the House of Representatives. (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 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (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 directly related to 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 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) 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 ) applies to the information. (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 the 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 under section 4 of article II of the Constitution of the United States. (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 Review Committee’s determination under paragraph (3)(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; and (VI) a written determination of whether the misconduct alleged in the complaint, if true, may constitute Treason, Bribery, and other high Crimes and Misdemeanors under section 4 of article II of the Constitution of the United States; 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 under section 4 of article II of the Constitution of the United States, 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 a report under subsection (m), the Committee on the Judiciary of the House of Representatives shall vote on whether to proceed with an investigation or an impeachment inquiry. (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 the 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. 416. 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. . 417. Judicial workplace climate surveys (a) In general Chapter 21 of title 28, United States Code, is amended by adding at the end the following: 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 of title 28, United States Code, is amended by adding at the end the following: 464. Judicial workplace climate surveys. . 418. Pilot program to provide access to counsel in Federal court (a) Definitions In this section: (1) Director The term Director means the Director of the Administrative Office of the United States Courts. (2) Eligible entity The term eligible entity means any of the following: (A) A State or local public defenders office. (B) A clinical law program at a nonprofit law school. (C) An organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code, which organization has expertise in providing legal assistance to persons unable to afford counsel. (D) A State bar association. (b) Authorization The Director is authorized to carry out a pilot program to facilitate the appointment of counsel under section 1915(e)(1) of title 28, United States Code. In carrying out the pilot program, the Director is authorized to make grants to eligible entities, and make funds available to Federal public defender and community defender organizations and to courts of the United States. (c) Application An eligible entity seeking a grant under this section shall submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require. (d) Priority (1) Expertise In considering an application submitted by an eligible entity under subsection (c), the Director shall give priority to an application from an eligible entity with demonstrated cultural competency initiatives that has expertise in representing low-income persons in civil actions, which may include— (A) persons earning 200 percent or below of area median income, up to $100,000; (B) persons qualifying for means-tested public benefits; (C) persons who reside in subsidized housing; and (D) persons serving a term of imprisonment. (2) Geographic diversity The Director shall give priority to areas of varying geographic size with the greatest showing of unmet need for counsel, and shall, to the extent practicable, equitably distribute funds on a geographic basis including nonurban and rural areas of various geographic size. (3) No preference for Federal entities The Director may not prioritize distributing funds to Federal entities over making grants to eligible entities. (e) Use of funds (1) Grant recipients An eligible entity receiving a grant under this section shall use such funds as follows: (A) In the case of an entity described in subsection (a)(2)(A), to provide financial compensation to staff or contracted attorneys who provide counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code. (B) In the case of an entity described in subsection (a)(2)(B), to fund a clinical law program that provides counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code. (C) In the case of an entity described in subparagraph (C) or (D) of subsection (a)(2), to provide financial compensation to attorneys who provide counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code. (2) Federal defenders and courts (A) Federal defenders A Federal public defender organization and community defender organization shall use funds under this section to provide financial compensation to staff or contracted attorneys who provide counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code. (B) Courts of the United States A court of the United States shall use funds under this section to provide financial compensation to attorneys who provide counsel pursuant to requests under section 1915(e)(1) of title 28, United States Code. (f) Full representation To the extent practicable, and in accordance with applicable ethics rules, an eligible entity receiving a grant under this section shall ensure the provision of full representation of each person with respect to whom the entity provides, or facilitates the provision, of counsel pursuant to a request under section 1915(e)(1) of title 28, United States Code. (g) Report Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Director shall submit to Congress and make publicly available a report on the pilot program under this section, which report shall include the following: (1) With respect to persons for whom counsel was provided pursuant to a request under section 1915(e)(1) of title 28, United States Code, the types of cases, length of time spent on cases by attorneys and outcomes of the matters for which such counsel was provided. (2) Benefits related to increased access to counsel and any remaining barriers to access to counsel pursuant to requests under such section 1915(e)(1). (3) Any changes in the frequency of requests made by courts under such section 1915(e)(1). (4) Other changes to the functioning of the Federal courts related to the pilot program, including increases in efficiency of adjudication of cases and changes in the number of cases resolved in favor of the party for whom counsel was provided pursuant to a request under such section 1915(e)(1). (5) Suggested changes to the pilot program to ensure greater access to justice for low-income litigants. (h) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2021 through 2030, of which the Director may reserve not more than 5 percent for administrative costs. V Enforcement A Office of Public Integrity 511. Establishment of Office of Public Integrity (a) In general The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in title I, by striking Government Ethics each place it appears and inserting Public Integrity ; (2) in the heading for title IV, by striking Government Ethics and inserting Public Integrity ; (3) in section 401— (A) by striking Government Ethics each place it appears and inserting Public Integrity ; (B) in subsection (a)— (i) by inserting (1) before There is established ; and (ii) by adding at the end the following: (2) The purposes of the Office of Public Integrity are— (A) to consolidate and strengthen Federal ethics enforcement and anti-corruption public integrity efforts; (B) to conduct anti-corruption, ethics, and public integrity oversight of officers and employees of the Federal Government through investigations, corrective action, and other actions and penalties; (C) to promote public integrity and prevent corruption within the Federal Government through education, advisory, guidance, and rulemaking; (D) to facilitate accountability through affirmative public disclosures, lobbying registration, and the promotion of transparency across the Federal Government; and (E) to protect the public's interest in democracy and Federal policymaking. ; and (C) by adding after subsection (d), as added by section 309 of this Act, the following: (e) (1) There is established within the Office of Public Integrity a division to be known as the Government Ethics Division . (2) The Government Ethics Division shall carry out all functions of the Office of Government Ethics under this Act as of the day before the date of enactment of this subsection, including— (A) providing advice to designated agency ethics officials, including legal advisories, education advisories, and program management advisories on substantive ethics issues; (B) providing training and education opportunities to designated agency ethics officials on an ongoing basis; and (C) providing confidential advice, which, subject to paragraph (3), shall not lead to enforcement action, for any agency employee seeking confidential ethics advice. (3) (A) The Government Ethics Division may refer a matter for enforcement based on information obtained in providing advice to an employee under paragraph (2)(C) if the employee— (i) knowingly makes a material misrepresentation, including making a significant omission in providing information, to the Government Ethics Division; (ii) has already taken the action in violation of the laws or regulations relating to conflicts of interest or other ethics issues; (iii) reveals significant criminal activity, particularly criminal activity outside the jurisdiction of the Office of Public Integrity; (iv) engaged in a prohibited personnel practice described in paragraph (8) or subparagraph (A)(i), (B), (C), or (D) of paragraph (9) of section 2302(b) of title 5, United States Code; or (v) engaged in other actions, as established by the Director by regulation. (B) An employee who seeks advice under paragraph (2)(C) may be subject to administrative remedies, such as reprimand, divestiture, forced recusal, or other corrective actions to remedy the violation. (C) Notwithstanding any other provision in this paragraph, the Director may promulgate regulations (including regulations under subparagraph (A)(v)) to ensure that— (i) an employee who engages in conduct in good faith reliance upon an advisory opinion issued to the employee by the Government Ethics Division or a designated agency ethics official generally shall not be subject to civil, criminal, or disciplinary action by the Office of Public Integrity; (ii) an advisory opinion issued to an employee by the Government Ethics Division or a designated agency ethics official shall not prevent the employee from being subject to other civil or disciplinary action if the conduct of the employee violates another law, rule, regulation, or lawful management policy or directive; and (iii) if an employee has actual knowledge or reason to believe that an advisory opinion issued to the employee by the Government Ethics Division or a designated agency ethics official is based on fraudulent, misleading, or otherwise incorrect information, the reliance of the employee on the opinion not be deemed to be in good faith. ; (4) in section 403, by striking Government Ethics each place it appears and inserting Public Integrity ; and (5) in section 503(2), by striking Government Ethics and inserting Public Integrity . (b) Officers (1) Director Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (A) by inserting (1) before There shall be ; (B) by inserting without regard to political affiliation and solely on the basis of integrity and demonstrated ability to fulfill the responsibilities of the role of Director after who shall be appointed ; (C) by striking Effective with respect and inserting the following: (3) Effective with respect ; (D) by inserting after paragraph (1), as so designated, the following: (2) Each individual appointed by the President to the position of Director— (A) shall not have any conflict of interest with respect to any aspect of performing the duties and responsibilities of the Director; (B) shall have a demonstrated record in public integrity and ethics enforcement; (C) shall not have 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. ); (D) during the 4-year period ending on the date on which the President nominates the individual to the position of Director, shall not have 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); (E) shall not have ever been an agent of a foreign principal registered under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); and (F) during the 4-year period ending on the date on which the President nominates the individual to the position of Director, shall not have served as a fiduciary or personal attorney for an officer or employee of the Federal Government, including anyone elected to public office. ; and (E) by adding at the end the following: (4) The Director may only be removed from office by the President for inefficiency, neglect of duty, or malfeasance in office. (5) Not later than 30 days before the date on which the President removes the Director from office or transfers the Director to another position or location for inefficiency, neglect of duty, or malfeasance in office, the President shall submit to the Senate and the House of Representatives written notice of the reasons for the removal or transfer. (6) During the period of any absence or unavailability of the Director, including a vacancy in the office of the Director, all powers and duties of the Director shall be vested in the Deputy Director. (7) The Director may continue to serve beyond the expiration of the term of the Director until a successor is appointed, by and with the advice and consent of the Senate. . (2) Assistant Directors Section 401(c)(1) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting and Assistant Directors (which may include an Assistant Director for Investigations, an Assistant Director for Government Transparency, and an Assistant Director for the Government Ethics Division) after including attorneys . (3) Deputy director Section 401 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding after subsection (e), as added by subsection (a) of this section, the following: (f) (1) There shall be in the Office of Public Integrity a Deputy Director, who shall— (A) be appointed by the President in accordance with paragraph (2), by and with the advice and consent of the Senate; and (B) serve as acting Director in the event of the absence or unavailability of the Director, including a vacancy in the office of the Director. (2) Each individual appointed by the President to the position of Deputy Director— (A) shall not have any conflict of interest with respect to any aspect of performing the duties and responsibilities of the Deputy Director; (B) shall have a demonstrated record in public integrity and ethics enforcement; (C) shall not have 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. ); (D) during the 4-year period ending on the date on which the President nominates the individual to the position of Deputy Director, shall not have 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); (E) shall not have ever been an agent of a foreign principal registered under the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 et seq. ); and (F) during the 4-year period ending on the date on which the President nominates the individual to the position of Deputy Director, shall not have served as a fiduciary or personal attorney for an officer or employee of the Federal Government, including anyone elected to public office. . (c) Authority and functions Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App) is amended— (1) in subsection (a)— (A) by striking shall provide and inserting the following: “shall— (1) provide ; (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (2) investigate potential violations by officers and employees in all branches of the Federal Government or by any other person of the laws or regulations relating to conflicts of interest or other ethics issues, to the extent allowable by law and the Constitution. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking the President or ; (ii) by striking ethics and inserting other ethics issues ; and (iii) by striking title II of this Act and inserting title I ; (B) in paragraph (2)— (i) by striking the President or ; and (ii) by inserting and other ethics issues before the semicolon; (C) in paragraph (3), by striking title II of this Act and inserting title I ; (D) in paragraph (4)— (i) by striking conflict of interest laws or regulations and inserting laws or regulations relating to conflicts of interest or other ethics issues ; and (ii) by striking ethical problems and inserting other ethics issues ; (E) in paragraph (6)— (i) by striking the President or ; and (ii) by striking ethical problems and inserting other ethics issues ; (F) in paragraph (7), by striking conflict of interest problems and inserting conflicts of interest or other ethics issues ; (G) by striking paragraph (9) and inserting the following: (9) (A) investigating potential violations by officers and employees in the Federal Government (including officers and employees in positions in the Executive Office of the President (including the White House Office)) of the laws or regulations relating to conflicts of interest or other ethics issues; (B) ordering (or with respect to the President, recommending) corrective action on the part of agencies, officers, and employees, as determined appropriate by the Director; (C) as the Director determines appropriate, referring an alleged violation of the laws or regulations relating to conflicts of interest or other ethics issues to the Attorney General or the head of the appropriate agency for civil or criminal enforcement; and (D) order appropriate disciplinary action with respect to an officer or employee in the executive branch, in accordance with subsection (f)(2); ; (H) by striking paragraph (11) and inserting the following: (11) (A) evaluating the effectiveness of the laws and regulations relating to conflicts of interest and other ethics issues and recommending to Congress appropriate amendments to prevent corruption and to improve Government ethics, accountability, public integrity, and transparency; and (B) preparing an annual report to Congress, which shall include— (i) any recommended amendments described in subparagraph (A); (ii) a description of any significant actions taken by the Director in carrying out the duties of the Director, including specific steps taken to ensure that Federal officers and employees are complying with the laws and regulations relating to conflicts of interest or other ethics issues; (iii) information concerning significant violations of the laws or regulations relating to conflicts of interest or other ethics issues; and (iv) corrective action concerning violations described in clause (iii) and progress made in implementing such corrective action; ; (I) in paragraph (12), by striking conflict of interest and ethical problems and inserting conflicts of interest and other ethics issues ; (J) by striking paragraph (13) and inserting the following: (13) referring any potential violation of the laws and regulations relating to conflicts of interest and other ethics issues determined appropriate by the Director for criminal enforcement to the Attorney General, accompanied by any evidence in the possession of the Director and recommendations, if any, of the Director regarding the appropriate charges or penalties; ; (K) in paragraph (14), by striking and at the end; (L) in paragraph (15), by striking title II of this Act. and inserting title I; ; and (M) by adding at the end the following: (16) (A) assuming responsibilities for disclosures of executive branch financial holdings, lobbying, and influencing activities; (B) conducting periodic and routine audits of disclosures described in subparagraph (A) to ensure the accuracy of the documents; and (C) conducting targeted audits of disclosures described in subparagraph (A) when the Director has reason to believe such disclosures contain inaccuracies or misinformation; (17) receiving, and within a reasonable timeframe responding to, complaints from members of the public of alleged violations of the laws or regulations relating to conflicts of interest or other ethics issues; (18) reporting publicly anonymized information regarding the resolution of complaints received under paragraph (17); (19) making available online on a central website that allows records to be available in a searchable, sortable, and downloadable format all ethics records that are required to be made publicly available under any provision of law, or that the Director determines may and should be made publicly available, including ethics records described in subsection (j)(1); (20) after providing notice and an opportunity for a hearing, imposing appropriate civil monetary penalties against individuals and entities who violate the laws or regulations relating to conflicts of interest or other ethics issues; (21) making appropriate enforcement referrals to the Securities and Exchange Commission, the Office of the Special Counsel, and other relevant Federal or State law enforcement agencies in instances of violations of Federal or State law, where appropriate; (22) except as otherwise required by law or reserved to the President, making and overseeing any waiver of the laws or regulations relating to conflicts of interest or other ethics issues; (23) testifying before each House of Congress at least annually; (24) approving any significant determination by a designated agency ethics official, including any ethics agreement, financial disclosure, recusal agreement, or divestment determination, for any individual serving in a position— (A) on any level of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code; (B) in the executive branch pursuant to an appointment by the President, by and with the advice and consent of the Senate; or (C) in the Executive Office of the President; (25) overseeing the day-to-day activities of each Inspector General in the executive branch, except to the extent provided otherwise by law; and (26) administering the provisions of this title as they pertain to the heads of agencies. ; (3) in subsection (e)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) each executive agency shall furnish to the Director all information and records in the possession of the executive agency that the Director determines to be necessary for the performance of the duties of the Director. ; (4) in subsection (f)— (A) in paragraph (1)(A)— (i) in clause (i), by inserting (or, with respect to the President, recommend) after order the first place it appears; and (ii) in clause (ii), by inserting (or, with respect to the President, recommend) after order ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (ii)(II), by inserting and Congress after the the President ; and (II) in clause (iv)— (aa) in subclause (I), by striking may recommend and all that follows through brought against the officer or employee and inserting may recommend that the agency head take a specific disciplinary action (including reprimand, suspension, demotion, or dismissal) or that the agency head take such disciplinary action as the agency head determines appropriate with respect to the officer or employee ; and (bb) by striking subclause (II) and inserting the following: (II) if the Director recommends a specific disciplinary action under subclause (I) and the head of the agency (not including the President) has not taken appropriate disciplinary action within 90 days after the Director recommends such action, may, after notifying the President and Congress in writing, order appropriate disciplinary action with respect to the officer or employee, in accordance with subparagraph (B), including reprimand, suspension, demotion, or dismissal of the officer or employee. ; (ii) in subparagraph (B)— (I) by striking clause (iii) and inserting the following: (iii) Subject to clause (iv) of this subparagraph, before the Director orders any action under subparagraph (A)(iii) or orders any disciplinary action under subparagraph (A)(iv), the Director shall afford the officer or employee involved an opportunity for a hearing, if requested by such officer or employee, which shall be conducted on the record. ; (II) by redesignating clause (iv) as clause (vi); (III) by inserting after clause (iii) the following: (iv) The Director shall make publicly available any recommendation of a specific disciplinary action made by the Director under subparagraph (A)(iv)(I). (v) The authority of the Director under subparagraph (A)(iv)(II) to order disciplinary action may not be delegated. ; and (IV) in clause (vi), as so redesignated— (aa) by striking title 2 and inserting title I ; and (bb) by striking section 206 and inserting section 104 ; and (iii) by adding at the end the following: (C) (i) (I) A political appointee (as defined in section 714(h) of title 38, United States Code) with respect to whom the Director orders a disciplinary action under subparagraph (A)(iv) may appeal the order to the President. (II) A determination by the President in an appeal under subclause (I) shall be— (aa) made in writing; (bb) submitted to Congress; and (cc) made publicly available by the President. (III) A determination by the President in an appeal under subclause (I) shall not be subject to judicial review. (ii) An officer or employee who is not a political appointee with respect to whom the Director orders a disciplinary action under subparagraph (A)(iv) may— (I) appeal a final order or decision of the Director to the Merit Systems Protection Board under section 7701 of title 5, United States Code; and (II) seek judicial review of a final order or decision of the Merit Systems Protection Board in the Court of Appeals for the Federal Circuit in accordance with section 7703 of title 5, United States Code. ; (C) in paragraph (3), in the matter preceding subparagraph (A), by striking paragraph (2)(A)(iii) and inserting clause (iii) or (iv) of paragraph (2)(A) ; (D) by striking paragraph (5); and (E) by redesignating paragraph (6) as paragraph (5); and (5) by adding at the end the following: (g) As part of an investigation of potential violations of the laws or regulations relating to conflicts of interest or other ethics issues, the Director may require by subpoena the attendance of and testimony by witnesses and the production of any book, check, canceled check, correspondence, communication, document, email, papers, physical evidence, record, recording, tape, or other material (including electronic records) relating to any matter or question the Director is authorized to investigate from any individual or entity. (h) (1) If the Attorney General declines to prosecute a criminal matter referred by the Director, the Attorney General shall submit to the Director and make publicly available written notice regarding the declination. (2) The Attorney General may redact information from the publicly available written notice under paragraph (1) if the Attorney General determines that disclosure of the information would constitute a clearly unwarranted invasion of personal privacy. (i) (1) In addition to the authority otherwise provided by this Act, the Director, any Assistant Director for Investigations under the Director who is appointed by the Director, and any special agent supervised by the Director or Assistant Director may be authorized by the Attorney General to seek warrants for search of a premises or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed. (2) The Attorney General shall promulgate, and revise as appropriate, guidelines which shall govern the exercise of the law enforcement powers established under paragraph (1). (3) (A) The power authorized for the Office of Public Integrity under paragraph (1) may be rescinded or suspended upon— (i) a determination by the Attorney General that the exercise of authorized power by the Office of Public Integrity has not complied with the guidelines promulgated by the Attorney General under paragraph (2); or (ii) a determination by the Attorney General that available assistance from other law enforcement agencies is sufficient to meet the need for such powers. (B) The powers authorized to be exercised by any individual under paragraph (1) may be rescinded or suspended with respect to that individual upon a determination by the Attorney General that such individual has not complied with guidelines promulgated by the Attorney General under paragraph (2). (4) No provision of this subsection shall limit the exercise of law enforcement powers established under any other statutory authority, including United States Marshals Service special deputation. (j) (1) In carrying out subsection (b)(19), except for classified records and any specific record described in this paragraph the Director determines should not be made publicly available, the website described in subsection (b)(19) shall include— (A) public financial disclosure reports of nominees and appointees to positions on any level of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code; (B) other public financial disclosure reports reviewed by the Office of Public Integrity; (C) ethics agreements of individuals nominated or appointed to a position by the President; (D) certifications of compliance with ethics agreements by individuals appointed to a position by the President; (E) ethics agreements of individuals appointed pursuant to subparagraph (A), (B), or (C) of section 105(a)(2) or subparagraph (A), (B), or (C) of section 106(a)(1) of title 3, United States Code; (F) certifications of compliance with ethics agreements by individuals appointed pursuant to subparagraph (A), (B), or (C) of section 105(a)(2) or subparagraph (A), (B), or (C) of section 106(a)(1) of title 3, United States Code; (G) all ethics waivers, including waivers for senior government officials as defined in section 101 of the Anti-Corruption and Public Integrity Act , issued pursuant to— (i) section 207 or 208 of title 18, United States Code; (ii) section 2635.502(d) of title 5, Code of Federal Regulations, or any successor thereto; (iii) section 2635.503(c) of title 5, Code of Federal Regulations, or any successor thereto; (iv) any Executive order; and (v) any other authority to waive other ethics requirements or extend any ethics-related deadlines; (H) certificates of divestiture; (I) records of approval by agencies of the acceptance of gifts by individuals appointed to a position by the President from outside sources for which employees must obtain agency approval; (J) records relating to the initial ethics briefings of individuals appointed to a position by the President required by section 2638.305 of title 5, Code of Federal Regulations, or any successor thereto; (K) records of ethics training completed by individuals appointed to a position by the President; (L) reports of the review by the Office of Public Integrity of agency ethics programs; (M) report filed by executive agencies with the General Services Administration regarding the use of Government aircraft by senior officials, which shall be posted at least every 90 days and shall contain a complete explanation of the decision to use a Government aircraft, the cost of the use of a Government aircraft, and the selection of the type of aircraft used; (N) any reports submitted to Congress by the Office of Public Integrity; and (O) any other ethics records that the Director makes available to the public. (2) The Director shall ensure that— (A) all ethics agreements approved by the Director specify conflicts of interest for each individual, including all matters from which the individual shall be recused; and (B) the information relating to ethics agreements made available under subsection (b)(19) is updated to reflect any additional matters from which the individual shall be recused. . (d) Reports to Congress Section 408 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting (a) before The Director shall, ; and (2) by adding at the end the following: (b) Notwithstanding any other provision of law or any rule, regulation, or policy directive, upon request by a committee or subcommittee of Congress, the Director, or any employee of the Office of Public Integrity designated by the Director, may transmit to the committee or subcommittee, by report, testimony, or otherwise, information and views on functions, responsibilities, or other matters relating to the Office of Public Integrity, without review, clearance, or approval by any other administrative authority. (c) (1) For each fiscal year, the Director may transmit a budget estimate and request to Congress. (2) The President shall include in each budget submitted under section 1105 of title 31, United States Code— (A) a separate statement of the budget estimate and request prepared with the Director; (B) the amount requested by the President for the Office of Public Integrity; and (C) any comments of the Director with respect to the proposal by the President if the Director concludes that the budget submitted by the President would substantially inhibit the Director from performing the duties of the office. . (e) Definitions Title IV of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: 409. Definitions For purposes of this title— (1) the term agency includes the Executive Office of the President; (2) the term head of an agency includes the President or a designee of the President, for purposes of applying this title to the White House and the Executive Office of the President; and (3) the term laws or regulations relating to conflicts of interest or other ethics issues includes this Act, sections 203 through 209 of title 18, United States Code, the Stop Trading on Congressional Knowledge Act of 2012 ( Public Law 112–105 ; 5 U.S.C. App., note to section 101 of Public Law 95–521 ), any Executive order substantially concerning Government ethics, any written ethics agreement or pledge signed by a Presidential appointee, and any other relevant ethics statutes or regulations. . (f) Provision of financial disclosures to the Office of Public Integrity Section 103(j) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by inserting and the Director of the Office of Public Integrity after Official Conduct of the House of Representatives ; and (2) in paragraph (2), by inserting and the Director of the Office of Public Integrity after Ethics of the Senate . (g) Technical and conforming amendments (1) Section 5314 of title 5, United States Code, is amended by striking the item relating to the Director of the Office of Government Ethics and inserting the following: Director of the Office of Public Integrity. . (2) Section 7302(a) of title 5, United States Code, is amended by striking Government Ethics and inserting Public Integrity . (3) Section 7353(d)(1)(D) of title 5, United States Code, is amended by striking Government Ethics and inserting Public Integrity . (4) Section 11(b)(1)(E) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking Government Ethics and inserting Public Integrity . (5) Section 12(f) of the Federal Deposit Insurance Act ( 12 U.S.C. 1822(f) ) is amended by striking Government Ethics each place it appears and inserting Public Integrity . (6) Section 152(g) of the Financial Stability Act of 2010 ( 12 U.S.C. 5342(g) ) is amended by striking Government Ethics and inserting Public Integrity . (7) Section 9(o)(12) of the Small Business Act ( 15 U.S.C. 638(o)(12) ) is amended by striking Government Ethics and inserting Public Integrity . (8) Section 207 of title 18, United States Code, is amended by striking Government Ethics each place it appears and inserting Public Integrity . (9) Section 208 of title 18, United States Code, is amended by striking Government Ethics each place it appears and inserting Public Integrity . (10) Section 1043(b) of the Internal Revenue Code of 1986 is amended by striking Government Ethics each place it appears and inserting Public Integrity . (11) Section 594(j)(5) of title 28, United States Code, is amended by striking Government Ethics and inserting Public Integrity . (12) Section 1353 of title 31, United States Code, is amended by striking Government Ethics each place it appears and inserting Public Integrity . (13) Section 2303(c) of title 41, United States Code, is amended by striking Government Ethics and inserting Public Integrity . (14) Section 3(d)(3) of the Department of the Interior Volunteer Recruitment Act of 2005 ( 43 U.S.C. 1475b(d)(3) ) is amended by striking Government Ethics and inserting Public Integrity . (15) Section 40122(d) of title 49, United States Code, is amended by striking Government Ethics and inserting Public Integrity . (16) Section 102A of the National Security Act of 1947 ( 50 U.S.C. 3024 ) is amended by striking Government Ethics each place it appears and inserting Public Integrity . (17) Section 12(g) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3512(g) ) is amended in the matter preceding paragraph (1) by striking Government Ethics and inserting Public Integrity . 512. Designated agency ethics officials (a) In general Section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended to read as follows: (3) designated agency ethics official means an officer or employee of an agency— (A) who is appointed and supervised by the head of the agency, after consultation with the Director of the Office of Public Integrity and the Inspector General of the agency; (B) who may only be removed by the head of the agency, after consultation with the Director of the Office of Public Integrity and the Inspector General of the agency; (C) has a permanent duty station in the same physical building as the head of the agency employing the officer or employee, unless the head of the agency is the President; (D) is designated to administer the provisions of this title within the agency, except as they pertain to the head of the agency; (E) may not have other significant duties or responsibilities that might distract from the duty of the officer or employee to administer the provisions of this title within the agency; (F) who shall not, at any time or in any manner, be prevented, inhibited, or prohibited by the head of the agency from administering the provisions of this title within the agency. . (b) Review by Director Section 111 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting (a) before The provisions ; (2) by inserting (subject to subsection (b)) after designated agency ethics official ; and (3) by adding at the end the following: (b) (1) A designated agency ethics official shall submit to the Director of the Office of Public Integrity— (A) each significant determination (including any ethics agreement, financial disclosure, recusal agreement, or divestment determination) by the designated agency ethics official relating to the application or implementation of the laws or regulations relating to conflicts of interest or other ethics issues (including this title) for any individual serving in a position— (i) on any level of the Executive Schedule under subchapter II of chapter 53 of title 5, United States Code; (ii) in the executive branch pursuant to an appointment by the President, by and with the advice and consent of the Senate; or (iii) in the Executive Office of the President; (B) any determination by the designated agency ethics official relating to the application or implementation of the laws or regulations relating to conflicts of interest or other ethics issues (including this title) that the Director requests from the designated agency ethics official. (2) The Director of the Office of Public Integrity— (A) may review any determination received under paragraph (1); (B) shall notify and advise the designated agency ethics official if the Director determines that the determination received under paragraph (1) does not comport with the laws or regulations relating to conflicts of interest or other ethics issues; (C) not later than 30 days after the notification and advice under subparagraph (B), may reverse or modify the determination if the Director determines that the determination does not comport with the laws or regulations relating to conflicts of interest or other ethics issues; and (D) shall periodically audit a sample of determinations received under paragraph (1). . (c) Authority To recommend discipline Section 111 of the Ethics in Government Act of 1978 (5 U.S.C. App.), as amended by subsection (b), is amended by adding at the end the following: (c) (1) If a designated agency ethics official has credible evidence or reason to believe that an officer or employee of the agency is violating, or has violated, any rule, regulation, or Executive order relating to conflicts of interest or standards of conduct, the designated agency ethics official may— (A) refer potential violations to the Inspector General or the Director of the Office of Public Integrity; and (B) recommend that the head of the agency take a specific disciplinary action (including dismissal). (2) A designated agency ethics official shall make publicly available any recommendation of a specific disciplinary action made by the designated agency ethics official under paragraph (1). . (d) Current DAEOs An individual serving as a designated agency ethics official on the day before the date of enactment of this Act may continue to serve as the designated agency ethics official for the agency employing the individual if— (1) determined appropriate by the head of the agency employing the designated agency ethics official; and (2) after the date of enactment of this Act, the individual— (A) reports directly to the head of the agency employing the designated agency ethics official; and (B) may only be removed by the head of the agency, after consultation with the Director of the Office of Public Integrity and the Inspector General of the agency. B Inspectors General 531. General supervision and removal of Inspectors General (a) In general The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 3— (A) in subsection (a), by striking the second sentence and inserting the following: Each Inspector General shall report to and be under the general supervision of the Director of the Office of Public Integrity, and shall not report to, or be subject to supervision by, any other officer of the establishment involved. ; and (B) in subsection (b)— (i) in the first sentence— (I) by inserting (1) before An Inspector General ; and (II) by inserting for inefficiency, neglect of duty, or malfeasance in office before the period at the end; (ii) by striking the second sentence and inserting the following: The Director of the Office of Public Integrity may make a formal recommendation to the President for the removal of an Inspector General under this subsection. If an Inspector General is removed from office, is transferred to another position or location within an establishment, or is placed on paid or unpaid leave, the President shall communicate in writing the reasons for any such removal, leave placement, or transfer to both Houses of Congress and to the Director of the Office of Public Integrity not later than 30 days before the removal, leave placement, or transfer. ; and (iii) by adding at the end the following: (2) (A) In the event of a vacancy in the position of Inspector General of an establishment of more than 210 days, the Director of the Office of Public Integrity may direct an officer or employee of the establishment to perform the functions and duties of the position of Inspector General temporarily in an acting capacity for a period of not more than 365 days. (B) If an Inspector General of an establishment is not appointed during the 365-day period described in subparagraph (A), the Director of the Office of Public Integrity may direct the same or another officer or employee of the establishment to perform the functions and duties of the position of Inspector General temporarily in an acting capacity for a period of not more than 365 days. (C) If an Inspector General of an establishment is not appointed during the 365-day period described in subparagraph (B), the Director of the Office of Public Integrity may direct the same or another officer or employee of the establishment to perform the functions and duties of the position of Inspector General temporarily in an acting capacity for a period of not more than 365 days. ; (2) in section 8A(a), by inserting and the Director of the Office of Public Integrity before the period at the end; (3) in section 8B, by amending subsection (a) to read as follows: (a) The Director of the Office of Public Integrity— (1) may delegate the authority specified in the second sentence of section 3(a) to the Chairman or another member of the Nuclear Regulatory Commission; and (2) may not delegate the authority specified in the second sentence of section 3(a) to any other officer or employee of the Nuclear Regulatory Commission. ; (4) in section 8C, by amending subsection (a) to read as follows: (a) Delegation The Director of the Office of Public Integrity— (1) may delegate the authority specified in the second sentence of section 3(a) to the Chairperson or Vice Chairperson of the Federal Deposit Insurance Corporation; and (2) may not delegate the authority specified in the second sentence of section 3(a) to any other officer or employee of the Federal Deposit Insurance Corporation. ; (5) in section 8G— (A) in subsection (a)— (i) in paragraph (5), by striking and at the end; (ii) in paragraph (6), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (7) the term Director means the Director of the Office of Public Integrity. ; (B) in subsection (c), in the first sentence, by inserting , after consulting with the Director, after head of the designated Federal entity ; (C) in subsection (d)(1), by striking the first sentence and inserting the following: Each Inspector General shall report to and be under the general supervision of the Director, and shall not report to, or be subject to supervision by, any other officer or employee of the designated Federal entity. ; and (D) in subsection (e)— (i) in paragraph (1), by inserting and after consulting with the Director before the period at the end; and (ii) in paragraph (2), by inserting An Inspector General may be removed from office by the head of the designated Federal entity for inefficiency, neglect of duty, or malfeasance in office after the head of the designated entity consults with the Director, or by the President for inefficiency, neglect of duty, or malfeasance in office. before If an Inspector ; and (6) in section 8M(b)(1)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B)(iii)(II), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (C) ensure that, if any portion of a report described in subparagraph (A) contains information that is classified, sensitive, or otherwise prohibited from disclosure by law, a redacted version of the report be posted on the website of the Office of Inspector General that does not contain the classified, sensitive, or prohibited information; (D) ensure that, if an entire report described in subparagraph (A) is classified, sensitive, or otherwise prohibited from disclosure by law, the Inspector General posts the title of the report, the date of publication of the report, a general description of the subject matter of the report, and a justification for the report not to be posted on the website of the Office of Inspector General; and (E) include on the website of the Office of Inspector General a listing of each report described in subparagraph (D) that is not posted on the website. . (b) Inspector General of the Central Intelligence Agency Section 17(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(b) ) is amended— (1) in paragraph (2), by inserting of the Office of Public Integrity, who may delegate that authority to the Director of the Agency before the period at the end; and (2) in paragraph (6)— (A) in the first sentence, by inserting for inefficiency, neglect of duty, or malfeasance in office before the period at the end; and (B) by inserting after the first sentence the following: The Director of the Office of Public Integrity may make a formal recommendation to the President for the removal of the Inspector General under this paragraph. . (c) Inspector General of the Intelligence Community Section 103H(c) of the National Security Act of 1947 ( 50 U.S.C. 3033(c) ) is amended— (1) in paragraph (3), by striking National Intelligence and inserting the Office of Public Integrity, who may delegate that authority to the Director of National Intelligence ; and (2) in paragraph (4)— (A) in the first sentence, by inserting for inefficiency, neglect of duty, or malfeasance in office before the period at the end; and (B) by inserting after the first sentence the following: The Director of the Office of Public Integrity may make a formal recommendation to the President for the removal of the Inspector General under this paragraph. . (d) Inspector General of SIGAR Section 1229(e)(1) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 379) is amended by striking the Secretary of State and the Secretary of Defense and inserting the Director of the Office of Public Integrity, who may delegate that authority to the Secretary of State and the Secretary of Defense . (e) Inspector General of SIGTARP Section 121(b) of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231(b) ) is amended by adding at the end the following: (7) The Special Inspector General shall report to and be under the general supervision of the Director of the Office of Public Integrity, who may delegate that authority to the Secretary. . (f) Conforming amendments to Federal Vacancies Reform Act Subchapter III of chapter 33 of title 5, United States Code, is amended— (1) in section 3345— (A) in subsection (a), in the matter preceding paragraph (1), by striking If and inserting Subject to subsection (d), if ; and (B) by adding at the end the following: (d) After the date that is 210 days after the date on which a vacancy in the office of the Inspector General of an agency described in subsection (a) begins, the President may not exercise the authority under this section with respect to that vacancy in the office of the Inspector General. ; (2) in section 3346— (A) in subsection (a), in the matter preceding paragraph (1), by inserting and subject to subsection (d), after sickness, ; and (B) by adding at the end the following: (d) A person serving as acting officer in the office of the Inspector General of an agency under section 3345 may not serve in the office after the date that is 210 days after the date on which the vacancy in the office begins, without regard to whether a nomination to the office has been submitted to, is pending in, has been rejected by, has been withdrawn by the President from, or has been returned to the President by the Senate. ; (3) in section 3349(b), in the matter preceding paragraph (1), by inserting , or, in the case of an Inspector General, that an officer is serving after the end of the 210-day period under section 3346(d), after 3349a, ; and (4) in section 3349a(b), in the matter preceding paragraph (1), by striking With and inserting Except in the case of an Inspector General, with . C Office of Congressional Ethics 551. Definitions In this subtitle— (1) the term applicable ethics committee means the Select Committee on Ethics of the Senate (for Senators and employees of the Senate) or the Committee on Ethics of the House of Representatives (for Members of the House of Representatives and employees of the House of Representatives); (2) the term Board means the Congressional Ethics Board established under section 553(a); (3) the term employee of Congress means an employee of the House of Representatives or an employee of the Senate; (4) the term employee of the House of Representatives has the meaning given the term in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ) and includes an elected or appointed officer of the House of Representatives; (5) the term employee of the Senate has the meaning given the term in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ) and includes an elected or appointed officer of the Senate; and (6) the term Member means any Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. 552. The Office of Congressional Ethics For the purpose of assisting the House of Representatives and the Senate in carrying out the responsibilities under article I, section 5, clause 2 of the Constitution of the United States (commonly referred to as the Discipline Clause ), there is established an independent office in the legislative branch to be known as the Office of Congressional Ethics (referred to in this subtitle as the Office ), which shall be governed by the Congressional Ethics Board established under section 553(a). 553. Establishment of the Board of the Office of Congressional Ethics (a) Board (1) Establishment of Board The Office shall be governed by a Congressional Ethics Board consisting of 9 members, of whom— (A) 2 shall be appointed by the President pro tempore of the Senate; (B) 2 shall be appointed by the Minority Leader of the Senate; (C) 2 shall be appointed by the Speaker of the House of Representatives; (D) 2 shall be appointed by the Minority Leader of the House of Representatives; and (E) 1 shall be appointed by agreement of the President pro tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives, or by agreement of not less than 3 of those individuals. (2) Qualifications of Board members (A) Expertise Each member of the Board shall be an individual of exceptional public standing who is specifically qualified to serve on the Board by virtue of the individual's education, training, or experience in 1 or more of the legislative, judicial, regulatory, professional ethics, legal, or academic fields. (B) Selection basis Selection and appointment of each member of the Board shall be without regard to political affiliation and solely on the basis of fitness to perform the duties of a member of the Board. (C) Citizenship Each member of the Board shall be a United States citizen. (D) Disqualifications No individual shall be eligible for appointment to, or service on, the Board 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, or has been in the 4 years preceding the date of appointment, a Member, employee of the Senate, or employee of the House of Representatives; (v) is an officer or employee of the Federal Government; (vi) 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); or (vii) during the 4 years preceding the date of appointment, served as a fiduciary or personal attorney for an officer or employee of the Federal Government, including any Member. (3) Term and removal (A) Length of term The term of a member of the Board shall be for 2 Congresses. (B) Term limits A member of the Board may not serve during 4 consecutive Congresses. (C) Removal A member of the Board may be removed only for cause and upon unanimous agreement among the President pro tempore and the Minority Leader of the Senate and the Speaker and the Minority Leader of the House of Representatives. (D) Vacancies Any vacancy on the Board 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 (1). (b) Chairperson and vice Chairperson (1) In general The members of the Board shall elect a chairperson and a vice chairperson of the Board 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 Board shall preside at the meetings of the Board, and the vice chairperson shall preside in the absence or disability of the chairperson. (c) Meetings (1) Quorum A majority of the members of the Board shall constitute a quorum, except that a lesser number of members may hold hearings. (2) Meetings The Board shall meet at the call of the chairperson or the call of a majority of its members, pursuant to the rules of the Board. (3) Voting Except as otherwise specifically provided, a majority vote of the Board under this subtitle shall require an affirmative vote of 5 or more members. (d) Compensation A member of the Board 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 Board. (e) Duties of Board (1) In general The Board shall— (A) be the governing body of the Office, and oversee the Office in the implementation of all duties required under this subtitle; and (B) review allegations of violations made against a Member or employee of Congress through the review process described in section 555(b). (2) Hearings The Board 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. (f) Financial disclosure reports (1) In general Each member of the Board shall file an annual financial disclosure report with the Secretary of the Senate and 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 Board. Each such report shall be on a form prepared jointly by the Clerk and the Secretary that is substantially similar to the form required for individuals at the executive branch who must complete a confidential financial disclosure report under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.). (2) Distribution of report The Secretary of the Senate and the Clerk of the House of Representatives, working jointly, 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 applicable ethics committees; and (B) annually print all such financial disclosure reports as a document of Congress, and make the document available to the public. 554. Duties and Powers of the Office and the Board (a) In general The Office is authorized— (1) in accordance with section 555— (A) to investigate any alleged violation, by a Member or employee of Congress, of any ethics law (including regulations), rule, or other standard of conduct applicable to the conduct of such Member or employee under applicable House or Senate rules in the performance of the duties, or the discharge of the responsibilities, of the Member or employee; and (B) in any case where the Board determines, after the investigation described in subparagraph (A), that there is a reasonable basis to believe an alleged violation of any ethics law, rule, or other standard of conduct described in such subparagraph, to present the alleged ethics violation and any material evidence to the applicable ethics committee; (2) to refer to appropriate Federal or State authorities, including the Office of Public Integrity and the Department of Justice as appropriate, any evidence of a violation by a Member or employee of Congress of any law (including laws applicable to the performance of the duties, or the discharge of the responsibilities, of the Member or employee), which may have been disclosed in an investigation by the Office, in accordance with subsection (b); (3) to provide advice and informal guidance to Members and employees of Congress regarding any ethics law (including regulations), rule, or other standard of conduct applicable to such individuals in their official capacities, and develop and carry out periodic educational briefings for Members and employees of Congress on those laws, rules, and other standards; (4) (A) to give consideration to the request of any Member or employee of Congress for a formal advisory opinion or other formal ruling, subject to the approval of the applicable ethics committee, with respect to the general propriety of any current or proposed conduct of such Member or employee; (B) to provide a formal advisory opinion or other formal ruling, in accordance with subparagraph (A), in situations that the Board determines appropriate; and (C) subject to the requirement for approval by the applicable ethics committee in accordance with subsection (c), and with appropriate deletions to assure the privacy of the individual concerned, to publish such opinion for the guidance of other Members and employees of Congress; (5) if the Office determines, during the course of any investigation under this subtitle, that a lobbyist or lobbying firm may be in noncompliance with the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. )— (A) to notify the United States Attorney for the District of Columbia and the Director of the Office of Public Integrity of the potential violation; and (B) to notify the lobbyist or lobbying firm of such determination, in writing; (6) to provide informal guidance to lobbyists or lobbying firms engaged in lobbying activity or lobbying contacts under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) to covered legislative branch officials (as defined in section 3 of such Act ( 2 U.S.C. 1602 )) of their responsibilities under such Act; (7) to aid in the enforcement of ethics requirements for Members or employees of Congress under this subtitle or any other provision of law; and (8) to administer the process for Members and employees of Congress to seek and receive any waivers from any ethics law (including regulations), rule, or other standard that applies to Members and employees of Congress, subject to approval of the applicable ethics committee. (b) Referrals to law enforcement officials (1) In general Upon a majority vote of the Board, the Office may refer potential legal violations committed by a Member or employee of Congress 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 conducted under this subtitle. (2) No approval required A referral under paragraph (1) does not require the approval of either of the applicable ethics committees. (3) Notification The Board shall notify the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, and the Director of the Office of Public Integrity of all referrals under this subsection. (c) Advisory opinions (1) In general Upon a majority vote of the Board, the Office may draft and publish recommended formal advisory opinions and interpretations of rules and other standards of conduct applicable to Members and employees of Congress, which shall be submitted to each applicable ethics committee for approval. (2) Requirements for ethics committee review Each applicable ethics committee may revise, overturn, dismiss, or issue any recommended formal advisory opinions or interpretations under paragraph (1) that is applicable to the Members and employees of that House of Congress. A recommended formal advisory opinion or interpretation under paragraph (1) is only binding if issued by one of the applicable ethics committees. (3) Requirements Any applicable ethics committee decision described in paragraph (2) shall be recorded and made publicly available, and shall be accompanied by a written explanation for that action. Dissenting members of the applicable ethics committee are allowed to issue their own report detailing reasons for disagreeing with the decision. (d) Limitations on review No review shall be undertaken by the Board of any alleged violation of law, rule, regulation or standard of conduct not in effect at the time of the alleged violation, nor shall any review be undertaken by the Board of any alleged violation that occurred before the date of enactment of this Act. (e) Prohibition on public disclosure (1) In general (A) Required affirmation by members and staff When an individual becomes a member of the Board or employee of the Office, that individual shall execute the following oath or affirmation in writing: I do solemnly swear (or affirm) that I will not disclose to any person or entity outside of the Office any information received in the course of my service with the Office, except as authorized by the Board by majority vote as necessary to conduct official business or pursuant to its rules. . Copies of the executed oath shall be provided to the Clerk of the House of Representatives and the Secretary of the Senate as part of the records of the House and Senate. (B) Prohibition on public disclosure No testimony received, or any other information obtained, by a member of the Board or employee of the Office shall be publicly disclosed to any person or entity outside the Office, unless approved by a majority vote of the Board. Any communication to any person or entity outside the Office may occur only as authorized by the Board. (C) Procedures and investigation The Office shall establish procedures necessary to prevent the unauthorized disclosure of any information received by the Office. Any breaches of confidentiality shall be investigated by the Board and appropriate action shall be taken. (2) Provision with respect to Office of Public Integrity or Ethics committees Paragraph (1) shall not preclude— (A) any member of the Board or any employee of the Office from presenting a report or findings of the Board, or testifying before the Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives, if requested by either committee pursuant to the rules of the committee; (B) any necessary communication with the Office of Public Integrity; (C) any necessary communication with the Department of Justice or any other law enforcement agency; (D) any necessary communication with any members, or employees, of the applicable ethics committee; or (E) any necessary communication with the President pro tempore of the Senate, Majority Leader of the Senate, Minority Leader of the Senate, Speaker of the House of Representatives, or Minority Leader of the House of Representatives. (3) Opportunity to present Before the Board votes on a recommendation or statement to be transmitted to the appropriate congressional committee relating to official conduct of any Member or employee of Congress, the Board shall provide that individual the opportunity to present, orally or in writing (at the discretion of the Board), a statement to the Board. (f) Presentation of reports to Select Committee on Ethics of the Senate or the Committee on Ethics of the House of Representatives Whenever the Board transmits any report to the applicable ethics committee relating to the official conduct of any Member or employee of Congress, it shall designate a member of the Board or employee to present the report to such committee if requested by such committee. (g) Maintaining of financial disclosure reports The Office shall receive, and maintain, a copy of each report filed under section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) by a Member or employee of Congress. (h) Memorandum of understanding with the Office of Public Integrity The Office shall enter into a memorandum of understanding with the Director of the Office of Public Integrity in order— (1) to share any information necessary for the execution of each office’s respective duties and responsibilities, including the copies of reports described in subsection (g); (2) to ensure consistent interpretation and enforcement of the Nation’s ethics laws for executive and legislative branch employees and officials; and (3) to reduce and mitigate jurisdictional confusion. (i) Investigative authority In the course of an investigation described in subsection (a)(1)(A), the Board may require by subpoena the attendance of and testimony by witnesses and the production of any book, check, canceled check, correspondence, communication, document, email, papers, physical evidence, record, recording, tape, or other material (including electronic records) relating to any matter or question the Office is authorized to investigate from any individual or entity. 555. Review process of submissions (a) Source of submissions (1) Citizen submissions (A) Citizen submissions Any citizen of the United States, including a Member or employee of Congress, may submit to the Office an allegation of a violation or any material information regarding an alleged violation, by a Member or employee of Congress of any law (including any regulation), rule, or other standard of conduct applicable to the conduct of such Member or employee in the performance of the duties, or the discharge of the responsibilities, of the Member or employee, subject to subparagraph (B) and paragraph (4). (B) Ban on filing submissions prior to election The Board may not accept citizen submissions regarding the conduct of a Member filed in the— (i) 30 days prior to a primary election for which the Member in question is a candidate; and (ii) 60 days prior to a general election for which the Member in question is a candidate. (2) Board member or office of congressional ethics submissions A member of the Board or an employee of the Office may submit an allegation of a violation by a Member or employee of Congress of any law (including any regulation), rule, or other standard of conduct applicable to the conduct of such Member or employee in the performance of the duties, or the discharge of the responsibilities, of the Member or employee. (3) False claims acknowledgment and statement Any submission under paragraph (1) shall include a signed statement acknowledging that the individual submitting the allegation or material information understands that section 1001 of title 18, United States Code (popularly known as the False Statements Act ), applies to the allegation or information the individual is submitting. (4) Past frivolous charges The Board shall not accept any submission under paragraph (1)(A) from an individual who has previously violated section 1001 of title 18, United States Code, with respect to this subtitle. (5) Notification Upon receipt of a submission filed under paragraph (1) or (2) that meets the requirements of this subsection and that the Office determines contains a material allegation of a violation, or material information, described in paragraph (1)(A), the Office shall refer the submission to the Board for consideration under the review process described in subsection (b). (b) Review process of alleged violations by Members or employees of Congress (1) Request After receiving a submission under subsection (a)(5), 2 or more members of the Board may submit a joint written statement to all members of the Board authorizing the Office to undertake a preliminary review of any alleged violation by a Member or employee of Congress of any law (including any regulation), rule, or other standard of conduct applicable to the conduct of such Member or employee in the performance of the duties, or the discharge of the responsibilities, of the Member or employee, along with a brief description of the specific matter. (2) Preliminary review (A) In general Not later than 7 business days after receipt of an authorization statement from 2 or more members of the Board under paragraph (1), the Board shall— (i) instruct the Office to initiate a preliminary review of the alleged violation; and (ii) provide a written notification of the commencement of the preliminary review, including a statement of the nature of the review, to— (I) the applicable ethics committee; (II) any individual who is the subject of the preliminary review; and (III) the Director of the Office of Public Integrity. (B) Opportunity to terminate preliminary review At any time, the Board may, by a majority vote, terminate a preliminary review on any ground, including that the matter under review is de minimis in nature. If the Board votes to terminate the preliminary review— (i) the review process under this section is completed and no further actions shall be taken; and (ii) the Board— (I) shall notify, in writing, the individual who was the subject of the preliminary review, the Director of the Office of Public Integrity, and the applicable ethics committee, of its decision to terminate the review of the matter; and (II) may, in any case where the Board votes to terminate the preliminary review, send a report, including any findings of the Board, to the applicable ethics committee and to the Director of the Office of Public Integrity. (3) Second-phase review process (A) Vote for second-phase review (i) In general After the preliminary review conducted under paragraph (2) is completed, the Board shall vote on whether to authorize a second-phase review of the matter under consideration. If there is an affirmative vote of 4 or more members of the Board to authorize the second-phase review, the Board shall authorize the second-phase review process in accordance with subparagraph (B). (ii) Termination of matter If a vote to authorize a second-phase review under clause (i) does not succeed, the review process under this section shall be completed and no further actions shall be taken. (iii) Notification to parties The Board— (I) shall notify, in writing, the individual who was the subject of the preliminary review, the Director of the Office of Public Integrity, and the applicable ethics committee, of its decision to authorize a second-phase review of the matter or to terminate the review process; and (II) may, in any case where the Board decides to terminate the review process of the violation under clause (ii), send a report, including any findings of the Board, to the applicable ethics committee and to the Director of the Office of Public Integrity. (B) Second-phase review In any case where a second-phase review is required, the Board shall authorize the Office to commence, and complete, a second-phase review. (C) Completion of second-phase review Upon the completion of any second-phase review, the Board shall— (i) evaluate the review and determine, based on a majority vote, whether— (I) the applicable ethics committee should dismiss the matter that was the subject of such review, which may be made on any ground, including that the matter under review is de minimis in nature; (II) the matter requires further review by the applicable ethics committee; or (III) the applicable ethics committee should take action relating to the matter, including any recommendation for the disciplinary action or sanctions that the committee should take; (ii) transmit to the applicable ethics committee a written report that includes— (I) a statement of the nature of the review and the Member or employee of Congress who is the subject of the review, including any alleged violations uncovered in either the preliminary or second-phase review; (II) any recommendations of the Board based on votes conducted under clause (i), or a statement that the matter is unresolved because of a tie vote of the Board or a failure to meet the majority vote threshold established under section 553(c)(3); (III) a description of the number of members voting in the affirmative and in the negative for any action described in clause (i); (IV) any findings of the Board, including— (aa) any findings of fact; (bb) a description of any relevant information that the Board was unable to obtain or witnesses whom the Board was unable to interview, and the reasons therefor; and (cc) a citation of any relevant law, regulation, or standard of conduct relating to the violation; and (V) any supporting documentation; (iii) transmit to the individual who is the subject of the second-phase review the written report of the Board described in clause (ii); (iv) transmit to the Director of the Office of Public Integrity the written report of the Board described in clause (ii), and may include any recommendations for action by the Director that the Board may recommend; and (v) make public, on a website maintained by the Office, the written report of the Board described in clause (ii), unless a majority of the members of the Board vote to withhold the report from the public where public disclosure could compromise the ability of the applicable ethics committee or a law enforcement agency to act on an alleged ethics violation. (D) Authority for reprimand Upon the completion of any second-phase review, the Board— (i) may, upon a majority vote, reprimand, in writing, the alleged violator for potential violations of the law; (ii) in any case where a reprimand under clause (i) is issued, shall provide a copy of the reprimand to— (I) the presiding officer of the House of Congress in which the alleged violator serves (if such individual is a Member of Congress); or (II) the alleged violator’s employer, if the individual is an employee of Congress; and (iii) may make the reprimand available to the public. (c) Requests from applicable ethics committees (1) In general Notwithstanding any other provision of this subtitle, upon receipt of a written request from an applicable ethics committee that the Board cease its review of any matter and refer such matter to the committee because the committee has voted to open an investigation of such matter by the committee or by an investigatory subcommittee of the committee, the Board shall refer such matter to the committee, cease its preliminary or second-phase review, as applicable, of that matter and so notify any individual who is the subject of the review. In any such case, the Board shall send a written report to the committee containing a statement that, upon the request of that committee, the matter is referred to it for its consideration. Nothing in this paragraph shall be construed to prevent the Board from sending any information regarding the matter to the Director of the Office of Public Integrity or to other law enforcement agencies. (2) Resumption of review If the applicable ethics committee notifies the Board in writing that it is unable to resolve any matter described in paragraph (1), the Board may begin or continue, as the case may be, a second-phase review of the matter in accordance with subsection (b)(3). (d) Procedures (1) Review powers Members of the Board or employees of the Office may, during either an initial review or second-phase review— (A) administer oaths; (B) require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, accounts, memoranda, papers, documents, tapes, and materials as the Board or the Office considers advisable; (C) take the deposition of witnesses; and (D) conduct general audits of filings under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ). (2) Witnesses (A) Witnesses Any witness interviewed as part of a review under this section shall sign a statement acknowledging that the witness understands that section 1001 of title 18, United States Code (popularly known as the False Statements Act ) applies to the testimony of the witness and to any documents the witness provides. (B) Payment Witnesses appearing before the Office may be paid in the same manner as prescribed by clause 5 of rule XI of the Rules of the House of Representatives, as in effect on the day before the date of enactment of this Act. (3) Prohibition of ex parte communications There shall be no ex parte communications between any member of the Board or employee of the Office and any individual who is the subject of any review by the Board or between any member of the Board and any interested party, and no Member or employee of the Congress may communicate with any member of the Board or employee of the Office regarding any matter under review by the Board except as authorized by the Board. (4) Contempt of Congress If a person disobeys or refuses to comply with a subpoena, or if a witness refuses to testify to a matter, the Board may recommend to the applicable ethics committee that such person be held in contempt of Congress. 556. Personnel matters (a) Compensation of employees (1) Appointment Upon a majority vote of the Board, the Board may appoint and fix the compensation of such professional, nonpartisan staff (including staff with relevant experience in investigations and law enforcement) of the Office as the Board considers necessary to perform its duties. (2) Qualifications Each employee of the Office shall be professional and demonstrably qualified for the position for which the employee is hired. (3) Staffing requirements (A) In general The employees of the Office shall be assembled and retained as a professional, nonpartisan staff, and the Office as a whole, and each individual employee, shall perform all official duties in a nonpartisan manner. (B) No partisan political activity No employee of the Office shall engage in any partisan political activity directly affecting any congressional or Presidential election. (C) Limitation or public speaking or publication No employee of the Office may accept public speaking engagements or write for publication on any subject that is in any way related to the employee's employment or duties with the Office without specific prior approval from the chairperson and vice chairperson of the Board. (b) Termination of employees The employment of an employee of the Office may be terminated during a Congress solely by a majority vote of the Board. (c) Reimbursements Members of the Board, and employees of the Office, may be reimbursed for travel, subsistence, and other necessary expenses incurred by members or employees in the performance of their duties in the same manner as is permissible for such expenses of other employees of the House or Senate. (d) Agreements for Members and employees; retention of documents by the clerk (1) In general Before any individual who is appointed to serve on the Board or before any individual is hired to be an employee of the Office may do so, the individual shall execute a signed document containing the following statement: I agree not to be a candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress for purposes of the Federal Election Campaign Act of 1971 until at least 4 years after I am no longer a member of the Congressional Ethics Board or employee of the Office of Congressional Ethics. . (2) Retention of documents Copies of the signed and executed document shall be retained by the Clerk of the House of Representatives and the Secretary of the Senate as part of the records of the House and the Senate. The Clerk and the Secretary, working jointly, shall make the signatures a matter of public record, causing the names of each individual who has signed the document to be published in a portion of the Congressional Record designed for that purpose, and make cumulative lists of such names available on the websites of the Clerk and the Secretary. (e) Code of conduct The Board— (1) shall establish a code of conduct to govern the behavior of the members of the Board and the employee of the Office, which shall include the avoidance of conflicts of interest; and (2) may issue other rules as the Board determines necessary to carry out the functions of the Board and the Office. 557. Authorization of appropriations There is authorized to be appropriated to carry out this subtitle such sums as may be necessary. 558. Conforming amendments and rules of construction (a) Conforming amendments to the Ethics in Government Act of 1978 Section 109(18) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by redesignating subparagraphs (A) through (D), as amended, as subparagraphs (B) through (E), respectively; (2) by inserting before subparagraph (B), as redesignated by paragraph (1) of this subsection, the following: (A) the Office of Congressional Ethics established under section 552 of the Anti-Corruption and Public Integrity Act , for Senators, Members of the House of Representatives, officers and employees of the Senate, and officers and employees of the House of Representatives required to file financial disclosure reports with the Secretary of the Senate pursuant to section 103(h) of this title; ; (3) in subparagraph (B) (as so redesignated), by striking Senators, officers and employees of the Senate, and other officers or employees of the legislative branch and inserting officers or employees of the legislative branch not described in subparagraph (A) ; and (4) in subparagraph (C) (as so redesignated), by striking Members, officers and employees of the House of Representatives and other officers or employees of the legislative branch and inserting officers or employees of the legislative branch not described in subparagraph (A) . (b) Termination of the Office of Congressional Ethics of the House of Representatives Beginning on the date on which all members of the Board are appointed, the Office of Congressional Ethics of the House of Representatives shall be eliminated and section 1 of H. Res. 895 (110th Congress, March 11, 2008) shall cease to have any force or effect. (c) Rulemaking authority The provisions of this subtitle are enacted— (1) as an exercise of the rulemaking power of the Senate and of the House of Representatives, and as such they shall be considered as part of the rules of the Senate and the House, respectively, and shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of the Senate and the House of Representatives to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate or House of Representatives. D Applicability 571. Applicability This title and the amendments made by this title shall apply on and after the date of enactment of this Act. VI Transparency and Government Records A Transparency for Federal Personnel and Candidates for Federal Office 601. Categories relating to the amount or value of certain income Section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (a)— (A) in paragraph (1)(B)— (i) in the matter preceding clause (i), by striking which of the following categories the amount or value of such item of income is within and inserting the amount or value of such item of income in accordance with the following ; (ii) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively, and adjusting the margin accordingly; (iii) by inserting before subclause (I), as so redesignated, the following: (i) For items of income with an amount or value of not more than $25,000, which of the following categories the amount or value of such item of income is within: ; (iv) in clause (i)(III), as so designated, by adding or at the end; (v) in clause (i)(IV), as so designated, by striking $15,000, and inserting $25,000. ; and (vi) by striking clauses (v) through (ix) and inserting the following: (ii) For items of income with an amount or value of greater than $25,000, the amount or value of the item of income, rounded as follows: (I) For items of income with an amount or value of greater than $25,000 but not more than $100,000, the amount or value rounded to the nearest $10,000. (II) For items of income with an amount or value of greater than $100,000 but not more than $1,000,000, the amount or value rounded to the nearest $100,000. (III) For items of income with an amount or value of greater than $1,000,000, the amount or value rounded to the nearest $1,000,000. ; (B) in paragraph (3), by striking category of value and inserting value, in accordance with subsection (d)(2), ; and (C) in paragraph (4), in the matter preceding subparagraph (A), by striking category of value and inserting value, in accordance with subsection (d)(2), ; and (2) in subsection (d)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking (3), (4), (5), and (8) and inserting (5) and (8) ; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: (2) The amount or value of the items covered in paragraphs (3) and (4) of subsection (a) shall be reported as follows: (A) For items with an amount or value of not more than $25,000, which of the following categories the amount or value of such item is within: (i) Not more than $15,000. (ii) Greater than $15,000 but not more than $25,000. (B) For items with an amount or value of greater than $25,000, the amount or value of the item, rounded as follows: (i) For items with an amount or value of greater than $25,000 but not more than $100,000, the amount or value rounded to the nearest $10,000. (ii) For items with an amount or value of greater than $100,000 but not more than $1,000,000, the amount or value rounded to the nearest $100,000. (iii) For items with an amount or value of greater than $1,000,000, the amount or value rounded to the nearest $1,000,000. . 602. Disclosure of personal income tax returns by Presidents, Vice Presidents, Members of Congress, and certain candidates (a) In general Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) by inserting after section 102 the following: 102A. Disclosure of personal income tax returns by Presidents, Vice Presidents, Members of Congress, and certain candidates (a) Definitions In this section— (1) the term covered candidate means an individual— (A) required to file a report under section 101(c); and (B) who is nominated by a major party as a candidate for the office of President, Vice President, or Member of Congress; (2) the term covered individual means— (A) a President, Vice President, or Member of Congress required to file a report under subsection (a) or (d) of section 101; and (B) an individual who occupies the office of the President, Vice President, or a Member of Congress required to file a report under section 101(e); (3) the term income tax return means, with respect to any covered candidate or covered individual, any return (within the meaning of section 6103(b) of the Internal Revenue Code of 1986) related to Federal income taxes, but does not include— (A) information returns issued to persons other than such covered candidate or covered individual; and (B) declarations of estimated tax; and (4) the term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986. (b) Disclosure (1) Covered individuals (A) In general In addition to the information described in subsections (a) and (b) of section 102, a covered individual shall include in each report required to be filed under this title a copy of the income tax returns of the covered individual for— (i) with respect to the President or Vice President, the 8 most recent taxable years and every year the individual was in Federal elected office for which a return has been filed with the Internal Revenue Service as of the date on which the report is filed; and (ii) with respect to a Member of Congress, the 2 most recent taxable years and every year the individual was in Federal elected office for which a return has been filed with the Internal Revenue Service as of the date on which the report is filed. (B) Failure to disclose If an income tax return is not disclosed under subparagraph (A), the Director of the Office of Public Integrity shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury provide the Director of the Office of Public Integrity with a copy of the income tax return. (C) Publicly available Each income tax return submitted under this paragraph shall be filed with the Director of the Office of Public Integrity and made publicly available in the same manner as the information described in subsections (a) and (b) of section 102. (D) Redaction of certain information Before making any income tax return submitted under this paragraph available to the public, the Director of the Office of Public Integrity shall redact such information as the Director of the Office of Public Integrity, in consultation with the Secretary of the Treasury determines appropriate. (2) Candidates (A) In general Not later than 15 days after the date on which a covered candidate is nominated, the covered candidate shall amend the report filed by the covered candidate under section 101(c) with the Federal Election Commission to include a copy of the income tax returns of the covered candidate for— (i) with respect to a candidate for nomination or election to the office of President or Vice President, the 8 most recent taxable years and every year the individual was in Federal elected office for which a return has been filed with the Internal Revenue Service; and (ii) with respect to a candidate for nomination or election to the office of Member of Congress, the 2 most recent taxable years and every year the individual was in Federal elected office for which a return has been filed with the Internal Revenue Service. (B) Failure to disclose If an income tax return is not disclosed under subparagraph (A) the Federal Election Commission shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury provide the Federal Election Commission with the income tax return. (C) Publicly available Each income tax return submitted under this paragraph shall be filed with the Federal Election Commission and made publicly available in the same manner as the information described in section 102(b). (D) Redaction of certain information Before making any income tax return submitted under this paragraph available to the public, the Federal Election Commission shall redact such information as the Federal Election Commission, in consultation with the Secretary of the Treasury and the Director of the Office of Public Integrity, determines appropriate. (3) Special rule for sitting Presidents Not later than 30 days after the date of enactment of this section, the President shall submit to the Director of the Office of Public Integrity a copy of the income tax returns described in paragraph (1)(A)(i). ; and (2) in section 104— (A) in subsection (a)— (i) in paragraph (1), in the first sentence, by inserting , 102B, or 102C, or any individual who knowingly and willfully falsifies or who knowingly and willfully fails to file an income tax return that such individual is required to disclose pursuant to section 102A, 102B, or 102C before the period; and (ii) in paragraph (2)(A)— (I) in clause (i), by inserting 102B, or 102C, or falsify any income tax return that such person is required to disclose under section 102A, 102B, or 102C before the semicolon; and (II) in clause (ii), by inserting 102B, or 102C, or fail to file any income tax return that such person is required to disclosed under section 102A, 102B, or 102C before the period; (B) in subsection (b), in the first sentence by inserting or willfully failed to file or has willfully falsified an income tax return required to be disclosed under section 102A, 102B, or 102C before the period; (C) in subsection (c), by inserting or failing to file or falsifying an income tax return required to be disclosed under section 102A, 102B, or 102C before the period; and (D) in subsection (d)(1)— (i) in the matter preceding subparagraph (A), by inserting or files an income tax return required to be disclosed under section 102A, 102B, or 102C after title ; and (ii) in subparagraph (A), by inserting or such income tax return, as applicable, after report . (b) Authority To disclose information (1) In general Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Disclosure of return information of Presidents, Vice Presidents, Members of Congress, and certain candidates (A) Disclosure of returns of Presidents, Vice Presidents, and Members of Congress (i) In general The Secretary shall, upon written request from the Director of the Office of Public Integrity pursuant to section 102A(b)(1)(B) of the Ethics in Government Act of 1978, provide to officers and employees of the Office of Public Integrity a copy of any income tax return of any President, Vice President, or Member of Congress that is required to be filed under section 102A(b)(1) of such Act. (ii) Disclosure to public The Director of the Office of Public Integrity may disclose to the public any income tax return of any President, Vice President, and Member of Congress that is required to be filed with the Director of the Office of Public Integrity pursuant to section 102A(b)(1) of the Ethics in Government Act of 1978. (B) Disclosure of returns of certain candidates for President, Vice President, and Members of Congress (i) In general The Secretary shall, upon written request from the Chairman of the Federal Election Commission pursuant to section 102A(b)(2)(B) of the Ethics in Government Act of 1978, provide to officers and employees of the Federal Election Commission copies of the applicable returns of any covered candidate (as defined in section 102A(a) of such Act). (ii) Disclosure to public The Federal Election Commission may disclose to the public any applicable return of any covered candidate (as defined in section 102A(a) of such Act) that is required to be filed with the Commission pursuant to section 102A(b)(2) of the Ethics in Government Act. (iii) Applicable returns For purposes of this paragraph, the term applicable returns means— (I) with respect to any covered candidate for the office of President or Vice President, income tax returns for the 8 most recent taxable years and every year the individual was in Federal elected office for which a return has been filed as of the date of the nomination; and (II) with respect to any covered candidate for the office of Member of Congress, income tax returns for the 2 most recent taxable years and every year the individual was in Federal elected office for which a return has been filed as of the date of the nomination. . (2) Conforming amendments Section 6103(p)(4) of such Code, in the matter preceding subparagraph (A) and in subparagraph (F)(ii), is amended by striking or (22) and inserting (22), or (23) each place it appears. 603. Transparency relating to candidates for Federal office and Members of Congress (a) In general Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting after section 102A, as added by section 602 of this Act, the following: 102B. Disclosure relating to covered entities associated with Members of Congress and covered candidates (a) Definitions In this section— (1) the term close family member , with respect to a reporting individual, includes— (A) a parent of the reporting individual; (B) a spouse of the reporting individual; and (C) an adult child of the reporting individual; (2) the term covered candidate has the meaning given the term in section 102A(a); (3) the term covered entity means a corporation, company, firm, partnership, or other business enterprise; (4) the term gross receipts has the meaning given the term in section 993(f) of the Internal Revenue Code of 1986; (5) the term income tax return has the meaning given the term in section 102A(a); (6) the term Member of Congress means— (A) a Member of Congress required to file a report under subsection (a) or (d) of section 101; and (B) an individual who occupies the office of Member of Congress and is required to file a report under section 101(e); and (7) the term reporting individual means— (A) a covered candidate; or (B) a Member of Congress. (b) Disclosure (1) Members of Congress (A) In general On and after the date that is 180 days after the date on which the Director of the Office of Public Integrity, in consultation with the Federal Election Commission, promulgates regulations under paragraph (3), in addition to the information described in subsections (a) and (b) of section 102, a Member of Congress shall include in each report required to be filed under this title, with respect to the 2 most recent taxable years and every year the Member of Congress was in Federal elected office for which an income tax return has been filed with the Internal Revenue Service as of the date on which the report is filed— (i) a statement of the name of any covered entity— (I) in which the Member of Congress has a significant direct or indirect ownership interest; and (II) that has gross receipts that meet or exceed the threshold value established by regulations promulgated pursuant to paragraph (3); (ii) a copy of any income tax return filed by a covered entity described in clause (i) for any taxable year ending with or within such years; and (iii) in the case of a covered entity described in clause (i) that is a privately owned or closely held covered entity, a statement of— (I) each— (aa) asset of the covered entity; and (bb) liability of the covered entity; (II) all— (aa) income from sources within the United States, as described in section 861 of the Internal Revenue Code of 1986; and (bb) income from sources without the United States, as described in section 862 of the Internal Revenue Code of 1986; (III) the name of each co-owner or co-member of the covered entity; and (IV) for any co-owner or co-member described in subclause (III) that is not a natural person, the name of each natural person that controls, directly or indirectly, the co-owner or co-member. (B) Close family members In addition to the information described in subparagraph (A), the Director of the Office of Public Integrity may, on a case-by-case basis and in accordance with the regulations promulgated under paragraph (3), require that a Member of Congress include in each report required to be filed under this title by the Member of Congress the information described in subparagraph (A) with respect to any covered entity— (i) in which a close family member of the Member of Congress has a significant direct or indirect ownership interest; and (ii) that has gross receipts that meet or exceed the threshold value established by regulations promulgated pursuant to paragraph (3). (C) Failure to disclose If an income tax return is not disclosed under subparagraph (A)(ii), the Director of the Office of Public Integrity shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury provide the Director of the Office of Public Integrity with a copy of the income tax return. (D) Publicly available All information, including any income tax return, described in this subsection required to be included in a report under this title shall be filed with the Director of the Office of Public Integrity and made publicly available in the same manner as the information described in subsections (a) and (b) of section 102. (E) Redaction of certain information (i) In general Before making any information, including any income tax return, described in this paragraph required to be included in a report under this title available to the public, the Director of the Office of Public Integrity shall redact— (I) if the information contained in the report contains a trade secret the disclosure of which is likely to cause substantial harm to the competitive position of the covered entity to which the information contained in the report pertains, the information relating to the trade secret; and (II) such information as the Director of the Office of Public Integrity, in consultation with the Secretary of the Treasury, determines appropriate. (ii) Request for redaction A Member of Congress submitting a report under this title that contains information, including any income tax return, described in this paragraph that contains a trade secret described in clause (i)(I) may request that the Director of the Office of Public Integrity redact the information relating to the trade secret. (2) Candidates (A) In general On and after the date that is 180 days after the date on which the Director of the Office of Public Integrity, in consultation with the Federal Election Commission, promulgates regulations under paragraph (3), not later than 15 days after the date on which a covered candidate is nominated, the covered candidate shall amend the report filed by the covered candidate under section 101(c) with the Federal Election Commission to include, with respect to the years described in subparagraph (B)— (i) a statement of the name of any covered entity— (I) in which the covered candidate has a significant direct or indirect ownership interest; and (II) that has gross receipts that meet or exceed the threshold value established by regulations promulgated pursuant to paragraph (3); (ii) a copy of any income tax return filed by a covered entity described in clause (i) for any taxable year ending with or within such years; and (iii) in the case of a covered entity described in clause (i) that is a privately owned or closely held covered entity, a statement of— (I) each— (aa) asset of the covered entity; and (bb) liability of the covered entity; (II) all— (aa) income from sources within the United States, as described in section 861 of the Internal Revenue Code of 1986; and (bb) income from sources without the United States, as described in section 862 of the Internal Revenue Code of 1986; (III) the name of each co-owner or co-member of the covered entity; and (IV) for any co-owner or co-member described in subclause (III) that is not a natural person, the name of each natural person that controls, directly or indirectly, the co-owner or co-member. (B) Applicable years The years described in this subparagraph are as follows: (i) In the case of a report filed under section 101(c) by a covered candidate for the office of President or Vice President, the 8 years preceding the date on which the report is filed. (ii) In the case of a report filed under section 101(c) by a covered candidate for the office of Member of Congress, the 2 years preceding the date on which the report is filed. (C) Close family members In addition to the information described in subparagraph (A), the Federal Election Commission may, on a case-by-case basis and in accordance with the regulations promulgated under paragraph (3), require that a covered candidate include in each report required to be filed under section 101(c) by the covered candidate the information described in subparagraph (A) with respect to any covered entity— (i) in which a close family member of the covered candidate has a significant direct or indirect ownership interest; and (ii) that has gross receipts that meet or exceed the threshold value established by regulations promulgated pursuant to paragraph (3). (D) Failure to disclose If an income tax return is not disclosed under subparagraph (A)(ii), the Chairman of the Federal Election Commission shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury provide the Federal Election Commission with a copy of the income tax return. (E) Publicly available All information, including any income tax return, described in this subsection required to be included in a report under section 101(c) shall be filed with the Federal Election Commission and made publicly available in the same manner as the information described in subsections (a) and (b) of section 102. (F) Redaction of certain information (i) In general Before making any information, including any income tax return, described in this paragraph required to be included in a report under section 101(c) available to the public, the Federal Election Commission shall redact— (I) if the information contained in the report contains a trade secret the disclosure of which is likely to cause substantial harm to the competitive position of the covered entity to which the information contained in the report pertains, the information relating to the trade secret; and (II) such information as the Federal Election Commission, in consultation with the Secretary of the Treasury, determines appropriate. (ii) Request for redaction A covered candidate submitting a report under section 101(c) that contains information, including any income tax return, described in this paragraph that contains a trade secret described in clause (i)(I) may request that the Federal Election Commission redact the information relating to the trade secret. (3) Regulations Not later than 120 days after the date of enactment of this section, the Director of the Office of Public Integrity shall, in consultation with the Federal Elections Commission, promulgate regulations to— (A) establish each threshold value for purposes of— (i) subparagraphs (A)(i)(II) and (B)(ii) of paragraph (1); and (ii) subparagraphs (A)(i)(II) and (C)(ii) of paragraph (2); (B) define the term significant direct or indirect interest ; (C) ensure that information described in this subsection that is required to be contained in a report filed under this title does not— (i) disclose any trade secret that is likely to cause substantial harm to the competitive position of the covered entity to which it pertains; or (ii) violate the privacy of any individual who is not the reporting individual who files the report; and (D) prescribe appropriate circumstances in which to require a Member of Congress or covered candidate to provide information under paragraph (1)(B) or (2)(C). 102C. Disclosure relating to covered organizations associated with covered candidates (a) Definitions In this section— (1) the term covered candidate has the meaning given the term in section 102A(a); (2) the term covered organization means an organization required to— (A) file an income tax return under section 6033 of the Internal Revenue Code of 1986; and (B) include information under subsection (e) thereof; (3) the term income tax return has the meaning given the term in section 102A(a); and (4) the term key employee means— (A) an individual who is 1 of the 5 individuals receiving the highest amount of compensation paid by a covered organization; or (B) an individual receiving compensation paid by a covered organization in an amount that exceeds $100,000. (b) Disclosure (1) In general Not later than 15 days after the date on which a covered candidate is nominated, the covered candidate shall amend the report filed by the covered candidate under section 101(c) with the Federal Election Commission to include— (A) a statement identifying each covered organization of which the covered candidate has been an officer, director, trustee, board member, or key employee during the 2 years preceding the date on which the report is filed; and (B) for each covered organization identified under subparagraph (A), a copy of each income tax return required to be filed by the covered organization under section 6033 of the Internal Revenue Code of 1986 for each taxable year ending with or within any taxable years described in subparagraph (A) in which the covered candidate was an officer, director, trustee, board member, or key employee of the covered organization. (2) Failure to disclose If an income tax return is not disclosed under paragraph (1)(B), the Federal Election Commission shall submit to the Secretary of the Treasury a request that the Secretary of the Treasury provide the Federal Election Commission with the income tax return. (3) Publicly available (A) In general All information, including any income tax return, described in this subsection required to be included in a report under section 101(c) shall be filed with the Federal Election Commission and made publicly available in the same manner as the information described in section 102(b). (B) Income tax returns The Director of the Office of Public Integrity shall make a copy of each income tax return described in paragraph (1)(B) included in a report filed under section 101(c) publicly available on the website described in section 402(b)(19) until— (i) the date on which the reporting individual ceases to be a covered candidate; or (ii) if the reporting individual is elected to the office for which the reporting individual was a covered candidate, the date on which the reporting individual ceases to serve in the office for which the reporting individual was a covered candidate. (4) Redaction Before making any information, including any income tax return, described in this subsection required to be included in a report under section 101(c) available to the public, the Federal Election Commission shall redact such information as the Federal Election Commission, in consultation with the Secretary of the Treasury and the Director of the Office of Public Integrity, determines appropriate. . (b) Authority To disclose information Paragraph (23) of section 6103(l) of the Internal Revenue Code of 1986, as added by section 602, is amended by adding at the end the following new subparagraphs: (C) Disclosure of returns of covered entities associated with Members of Congress and covered candidates (i) In general (I) Covered entities associated with Members of Congress The Secretary shall, upon written request from the Director of the Office of Public Integrity pursuant to section 102B(b)(1)(C) of the Ethics in Government Act of 1978 provide to officers and employees of the Office of Public Integrity a copy of any income tax return of a covered entity (as defined in section 102B(a) of such Act) that relates to a year described in section 102B(b)(1)(A) of such Act and is required to be filed under section 102B(b) of such Act. (II) Covered entities associated with covered candidates The Secretary shall, upon written request from the Chairman of the Federal Election Commission pursuant to section 102B(b)(2)(D) of the Ethics in Government Act of 1978 provide to officers and employees of the Federal Election Commission a copy of any income tax return of a covered entity (as defined in section 102B(a) of such Act) that relates to a year described in section 102B(b)(2)(B) of such Act and is required to be filed under section 102B(b) of such Act. (ii) Disclosure to public The Director of the Office of Public Integrity and the Chairman of the Federal Election Commission may disclose to the public the income tax return of any covered entity (as so defined) that is required to be filed pursuant to section 102B(b) of the Ethics in Government Act of 1978. (D) Disclosure of returns of covered organizations associated with covered candidates (i) In general The Secretary shall, upon written request from the Chairman of the Federal Election Commission pursuant to section 102C(b)(2) of the Ethics in Government Act of 1978, provide to officers and employees of the Federal Election Commission copies of any income tax return required to be filed under section 6033 by an organization described in clause (iii) for any taxable year ending with or within the period described in section 102C(b)(1)(B) of such Act. (ii) Disclosure to public The Federal Election Commission may disclose to the public income tax returns of any organization described in clause (iii) that is required to be filed with the Commission pursuant to section 102C(b) of the Ethics in Government Act of 1978. (iii) Organization described An organization is described in this clause if such organization is a covered organization (as defined in section 102C(a) of the Ethics in Government Act of 1978) of which a person who has been nominated as a covered candidate (as defined in section 102A(a) of such Act) has been an officer, director, trustee, board member, or key employee (as defined in section 102C(a) of such Act) during the period described in section 102C(b)(1)(A) of such Act. . (c) Provision of financial disclosures to the Federal Election Commission Section 103(j) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by adding at the end the following: In the case of a report filed under this title with the Clerk of the House of Representatives by a covered candidate, as defined in section 102A(a), a copy of the report shall also be sent by the Clerk to the Federal Election Commission within the 7-day period beginning on the day the report is filed. ; and (2) in paragraph (2), by adding at the end the following: In the case of a report filed under this title with the Secretary of the Senate by a covered candidate, as defined in section 102A(a), a copy of the report shall also be sent by the Secretary to the Federal Election Commission within the 7-day period beginning on the day the report is filed. . B Think Tank, Nonprofit, and Advocate Transparency 611. Amendments to the Lobbying Disclosure Act of 1995 (a) Enforcement report Section 6(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1605(b) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) Reports (A) In general Subject to subparagraph (B), after the end of each semiannual period beginning on January 1 and July 1, the Attorney General, in consultation with the Director of the Office of Public Integrity, shall submit to each congressional committee referred to in paragraph (2) a report that includes, for that semiannual period a statement of— (i) the aggregate number of enforcement actions taken by the Department of Justice under this Act; and (ii) by case, any sentence or fine imposed in each such enforcement action. (B) Information not already a matter of public record A report submitted under subparagraph (A) may not include the name of any individual, or any personally identifiable information, that is not already a matter of public record, as of the date on which the report is submitted. ; and (2) in paragraph (2)— (A) by striking paragraph (1) and inserting paragraph (1)(A) ; and (B) by inserting and the Committee on Oversight and Government Reform after Committee on the Judiciary . (b) Reports by think tank, nonprofit, and advocacy groups The Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) is amended— (1) by redesignating sections 6 through 28 ( 2 U.S.C. 1605 et seq. ), as amended by title II of this Act, as sections 7 through 29, respectively; and (2) by inserting after section 5 ( 2 U.S.C. 1604 ) the following: 6. Reports by think tank, nonprofit, and advocacy groups (a) Definition In this section— (1) the term covered organization means any organization— (A) that is described in paragraph (3), (4), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (B) that— (i) engages in lobbying activities; or (ii) is a client; and (2) the term covered product means any communication that is— (A) made to a covered legislative branch official or covered executive branch official in the course of any lobbying contact by, or on behalf of, a covered organization; (B) testimony— (i) given by, or on behalf of, a covered organization before a committee, subcommittee, or task force of Congress; or (ii) submitted by, or on behalf of, a covered organization for inclusion in the public record of a hearing conducted by such committee, subcommittee, or task force; or (C) made by, or on behalf of, a covered organization in response to a notice in the Federal Register, Commerce Business Daily, or other similar publication soliciting communications from the public and directed to the agency official specifically designated in the notice to receive such communications. (b) Reports Not later than 1 year after the date of enactment of this section, and not later than January 30th of each year thereafter, or on the first business day after January 30th if January 30th is not a business day, each covered organization shall submit to the Director of the Office of Public Integrity a report for the preceding calendar year that includes, with respect to each covered product made or given by, or on behalf of, the covered organization during that year— (1) the name of each donor who donated any amount that was— (A) used to pay the cost of making or giving the covered product; and (B) donated with the intention of supporting any lobbying activity by the covered organization; and (2) a statement of whether, before the date on which the covered product was made or given, any existing or potential donor to the covered organization previewed, commented on, reviewed, or edited the covered product. (c) Disclosure The information required to be submitted with respect to a covered product under subsection (b)(2) shall be included on or with that covered product. . (c) Technical and conforming amendment Section 25(b) of the Lobbying Disclosure Act of 1995, as so redesignated, is amended, in the matter preceding paragraph (1), by striking 9, 10, 11, and 12 and inserting 10, 11, 12, and 13 . 612. Amendments to the Internal Revenue Code of 1986 (a) Inclusion of lobbying information on annual returns of charitable organizations Section 6033(b)(5) of the Internal Revenue Code of 1986 is amended— (1) by striking and before the names ; and (2) by inserting and, if it engages in lobbying activities (as defined in section 3 of the Lobbying Disclosure Act of 1995) or is a client (as defined in such section), a statement of whether any such contribution was intended to support any lobbying activity (as so defined) or lobbying contact (as defined in such section) by or on behalf of it, and, if so, a description of such lobbying activity or lobbying contact after substantial contributors, . (b) Effective date The amendments made by this section shall apply to returns required to be filed for taxable years ending on or after the date that is 1 year after the date of the enactment of this Act. C Strengthening FOIA Enforcement 621. Strengthening FOIA enforcement (a) In general Section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ) is amended— (1) in subsection (a)— (A) in paragraph (4)— (i) in subparagraph (B), in the first sentence— (I) by striking and to order and inserting , to order ; and (II) by inserting before the period at the end the following: , to order an agency to make available for public inspection, including by posting electronically, the records described in paragraph (2), to make available to the public on the website of the agency the records described in subsection (p), and to award other appropriate equitable relief ; and (ii) in subparagraph (F)(i), in the first sentence— (I) by inserting , orders an agency to make available for public inspection, including by posting electronically, the records described in paragraph (2), or orders an agency to make available to the public on the website of the agency the records described in subsection (p), after improperly withheld from the complainant ; and (II) by inserting or unavailability of records after the withholding each place that term appears; and (B) in paragraph (6), by adding at the end the following: (G) (i) Notwithstanding any determination made under subparagraph (A)(i), or any appeal to such a determination under subparagraph (A)(ii), the Office of Government Information Services established under subsection (h) shall require an agency to comply with a request for records made under paragraph (1), (2), or (3), or any other requirement of this subsection, if the Office determines that the agency has not reasonably and impartially complied with the requirements of this subsection. (ii) If the Office makes a determination under clause (i) that an agency has not reasonably or impartially complied with a request for records made under paragraph (1), (2), or (3), or any other requirement of this subsection, and requires the agency to comply with that request or requirement, the Office shall make available to the public on the website of the Office that determination and any response and regular update by the agency of compliance by the agency. (iii) Nothing in clause (i) or (ii) shall be construed to prevent or restrict the ability of an individual to bring a suit to compel the disclosure of records under this section. ; (2) in subsection (d), by inserting any Member of before Congress ; (3) in subsection (h)(3)— (A) by inserting (A) before The Office ; and (B) by adding at the end the following: (B) The Director of the Office of Public Integrity, or a designee of the Director, may submit a non-binding recommendation to the Office of Government Information Services regarding the disclosure of information under this section during a mediation service provided under subparagraph (A). ; and (4) by adding at the end the following: (n) Each agency shall maintain and make available through a single website, which may be the website described in subsection (m) and shall be managed by the Office of Public Integrity, an agency record database that— (1) contains a log of the status of each open request for records from the agency under this section; and (2) makes each request for records under this section with which the agency complies available in a format that is searchable, sortable, machine readable, and downloadable not later than 60 days after the date on which the request is first received by the agency. . 622. Exemptions from disclosure (a) In general Section 552(b) of title 5, United States Code, is amended— (1) in paragraph (3)(B), by inserting with an explanation for the exemption after specifically cites to this paragraph ; (2) in paragraph (4), by inserting before the semicolon at the end the following: , only if disclosure of the commercial or financial information is likely to cause substantial harm to the competitive position of the person from whom the information was obtained ; (3) in paragraph (5)— (A) by striking provided that the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested and inserting “and excluding— (A) any opinion that is a controlling interpretation of law; (B) any final report or memorandum created by an entity other than the agency, including other Governmental entities, at the request of the agency and used to make a final policy decision; (C) any guidance document used by the agency to respond to the public; and (D) any record created not less than 25 years before the date on which the records were requested ; (4) in paragraph (6), by striking similar files and inserting personal information, such as personal contact information or personal financial information, ; (5) in paragraph (7)— (A) in subparagraph (E)— (i) by inserting a comma before if such ; and (ii) by inserting and the record or information was created less than 25 years before the date on which the records were requested after circumvention of the law ; and (B) by adding or at the end; (6) by striking paragraph (8); (7) by redesignating paragraph (9) as paragraph (8); and (8) in the flush text following paragraph (8), as so redesignated— (A) by inserting before Any reasonably segregable portion the following: An agency may not withhold information under this subsection unless the agency reasonably foresees that disclosure would cause specific identifiable harm to an interest protected by an exemption, or if disclosure is prohibited by law. ; and (B) by inserting before If technically feasible, the following: For each record withheld in whole or in part under paragraph (3), the agency shall identify the statute that exempts the record from disclosure. . (b) Technical and conforming amendments (1) Energy Policy and Conservation Act Section 254(a)(2)(A) of the Energy Policy and Conservation Act ( 42 U.S.C. 6274(a)(2)(A) ) is amended by striking (b)(9) and inserting (b)(8) . (2) Federal Credit Union Act Section 216(j)(3)(A) of the Federal Credit Union Act ( 12 U.S.C. 1790d(j)(3)(A) ) is amended— (A) by striking ; or and all that follows and inserting a period; and (B) by striking excising and all that follows through any portion and inserting excising any portion . (3) Securities Exchange Act of 1934 Section 24 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78x ) is amended— (A) in subsection (d), by striking (g) and inserting (f) ; (B) by striking subsection (e); and (C) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. 623. Public interest balancing test Section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), as amended by this subtitle, is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking This section and inserting Subject to subsection (o), this section ; and (2) by adding at the end the following: (o) (1) Notwithstanding the applicability of an exemption from disclosure under subsection (b), an agency shall make available a record or any segregable portion of a record if the public interest in disclosure clearly outweighs the interest protected by the exemption. (2) In evaluating the public interest in disclosing a record or a portion of a record under paragraph (1), an agency and courts shall consider— (A) the extent to which access to the record will further public understanding of the operations or decision making of an agency or Government official; (B) the extent to which the age of the record diminishes the rationale for withholding the record; (C) any reasonable suspicion of governmental wrongdoing; (D) the importance of the record to the public in order for the public to make informed decisions with respect to the electoral and democratic process; and (E) any other factors that the agency or court determines necessary. . 624. Affirmative disclosure of agency records on website Section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), as amended by this subtitle, is amended by adding at the end the following: (p) (1) Each agency shall make available to the public on the website of the agency— (A) information relating to each advisory committee (as defined in section 3 of the Federal Advisory Committee Act (5 U.S.C. App.)) of the agency, including— (i) the charter of the advisory committee and a description of the activities of the advisory committee; (ii) the name and basic biography of each member of the advisory committee, and any conflict of interest, ethics waiver, or recusal information relating to each member; (iii) the meeting agendas, minutes, transcripts, and any recordings of the advisory committee; (iv) any upcoming events of the advisory committee; (v) timelines of any ongoing advisory committee work; and (vi) a full list of nominated members of the advisory committee and the final selected membership of the advisory committee; (B) information relating to Federal contracts of the agency, including— (i) a copy of each contract, task, and delivery order; (ii) information on past performance of contractors, if available; and (iii) except for information that is exempt from disclosure under subsection (b)(4), all correspondence and documents related to the provision of services to the Federal Government by contractors earning— (I) $10,000,000 during a 1-year period under a Federal contract or license; or (II) more than 20 percent of total revenue of the contractor from Federal sources; (C) ethics documents maintained by the Office of Public Integrity, including— (i) final submissions of ethics paperwork for an individual in a position on any level of the Executive Schedule under subchapter II of chapter 53 of this title; (ii) waivers; and (iii) any document granting a recusal on a specific issue for an individual in a position on any level of the Executive Schedule under subchapter II of chapter 53 of this title; (D) basic employee organizational charts and office contact information, including— (i) charts that minimally include the names, job titles, and salaries of all noncareer appointees and career appointees, as defined in section 3132 of this title; and (ii) front office contact information for every office within the agency; (E) each communication sent to Congress or to a committee of Congress, including— (i) congressional testimony; (ii) each unclassified report submitted to Congress, as required by statute; and (iii) each response to questions for congressional hearing records, provided that the response does not include individual casework or constituent information; and (F) human resources data of the agency, in the aggregate, including— (i) the number of involuntary transfers, hires, and voluntary and involuntary departures each quarter; and (ii) information on the racial, ethnic, and gender diversity with respect to hires, departures, and involuntary transfers. (2) If an agency is unable to maintain a website described in paragraph (1) due to resource constraints, the agency shall submit the information required to be made available under paragraph (1) to the Director of the Office of Public Integrity, who shall make the information available on a website managed by the Office of Public Integrity, such as the website described in subsection (m). . 625. Applicability This subtitle and the amendments made by this subtitle shall apply on and after the date of enactment of this Act. D Federal Contractor Transparency 631. Expanding applicability of the Freedom of Information Act to Federal contractors (a) Definition of agency In this section, the term agency has the meaning given the term in section 552(f) of title 5, United States Code. (b) Applicability of FOIA A record relating to a Federal contractor, including a record relating to a non-Federal prison, correctional, or detention facility, produced during fulfillment of the Federal contract with an agency with funds provided under the contract shall be— (1) considered a record for purposes of section 552(f)(2) of title 5, United States Code, whether in the possession of the Federal contractor or an agency; and (2) subject to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), to the same extent as if the record was maintained by an agency. (c) Withholding of information An agency may not withhold information that would otherwise be required to be disclosed under subsection (b) unless— (1) the agency, based on the independent assessment of the agency, reasonably foresees that disclosure of the information would cause specific identifiable harm to an interest protected by an exemption from disclosure under section 552(b) of title 5, United States Code; or (2) disclosure of the information is prohibited by law. (d) Regulations (1) In general An agency may promulgate regulations or guidance to ensure compliance with this section by the agency and Federal contractors. (2) Compliance by Federal contractors (A) In general Compliance with this section by an applicable entity shall be included as a material term in any contract, agreement, or renewal of a contract or agreement between the agency and the Federal contractor. (B) Modification of contract or agreement Not later than 1 year after the date of enactment of this Act, an agency shall secure a modification to include compliance with this section by a Federal contractor as a material term in any contract or agreement described under subparagraph (A) that will not otherwise be renegotiated, renewed, or modified before the date that is 1 year after the date of enactment of this Act. (e) Rule of construction Nothing in this section shall be construed to limit or reduce the scope of State or local open records laws. 632. Public disclosure by large contractors (a) Definition In this section, the term covered contractor means an entity that earns more than— (1) $10,000,000 during a 1-year period under a Federal contract or license; or (2) 20 percent of the total revenue of the entity from Federal sources. (b) Requirement Each covered contractor shall, on an annual basis, submit to the Director of the Office of Public Integrity and the Administrator of the Office of Federal Procurement Policy— (1) any audited financial statements of the covered contractor; (2) a listing of the salaries of employees of the covered contractor providing services on Federal contracts that are compensated over $100,000 per year; (3) a detailed list of all Federal political spending by the covered contractor; and (4) the identity of each beneficial owner of the covered contractor, including— (A) name; (B) current residential or business street address; and (C) whether the beneficial owner is a foreign person. (c) Penalty The Director of the Office of Management and Budget may— (1) in consultation with the Administrator of the Office of Federal Procurement Policy and the Director of the Office of Public Integrity, temporarily or indefinitely disqualify a covered contractor from receiving a Federal contract if the Director of the Office of Management and Budget determines that the covered contractor failed to comply with the requirement under subsection (b); and (2) reinstate the ability of a covered contractor described in paragraph (1) to receive a Federal contract. E Congressional Transparency 641. Increased transparency of committee work (a) Definitions In this section— (1) the term Committee means— (A) a committee of the House of Representatives; (B) a committee of the Senate; and (C) a subcommittee of a committee described in paragraph (1) or (2); (2) the term covered hearing means a public hearing held by a Committee; and (3) the term covered markup means a public markup held by a Committee. (b) Schedule At the same time as the schedule is made available to members of a Committee, but not later than 7 days before the date of a covered hearing or covered markup (unless the Chairman and Ranking Minority Member of the Committee agree to waive the 7-day requirement), each Committee shall make available on the website of the Committee the schedule of covered hearings and covered markups of the Committee. (c) Information required for markups At the same time as the materials are made available to members of a Committee, but not later than 24 hours before the time of a covered markup (unless the Chairman and Ranking Minority Member of the Committee agree to waive the 24-hour requirement), the Committee shall make available on the website of the Committee any bill or resolution to be considered at the covered markup and any amendments to such a bill or resolution filed with the Committee. (d) Additional required information Not later than 24 hours after holding a covered hearing or a covered markup, a Committee shall make available on the website of the Committee— (1) a description of the topic of the covered hearing or covered markup; (2) any legislation related to the covered hearing or covered markup; (3) the written testimony of any witness; (4) any documents or materials entered into the record; (5) any written opening statements of the Chairman or Ranking Minority Member of the Committee; and (6) audio and video recordings of the covered hearing or covered markup. (e) Transcripts Not later than 45 days after holding a covered hearing or covered markup, a Committee shall make available on the website of the Committee transcripts of the covered hearing or covered markup. (f) Reported measures Not later than 24 hours after a covered markup during which a Committee orders a bill or resolution to be reported, the Committee shall post on the website of the Committee— (1) each amendment to the bill or resolution that was agreed to, except for technical and conforming changes authorized by the Committee; and (2) a record of each vote taken on the bill or resolution or an amendment thereto. (g) Comparative print (1) In general Not later than 45 days after a Committee reports a bill or joint resolution proposing to repeal or amend a statute or part thereof, the Committee shall include in its report or in an accompanying document and make available on the website of the Committee— (A) the entire text of each section of a statute that is proposed to be repealed or amended; and (B) a comparative print of each amendment to a section of a statute that the bill or joint resolution proposes to make, showing by appropriate typographical devices the omissions and insertions proposed. (2) Committee amendments If a Committee reports a bill or joint resolution proposing to repeal or amend a statute or part thereof with a recommendation that the bill or joint resolution be amended, the comparative print required by paragraph (1) shall reflect the changes in existing law proposed to be made by the bill or joint resolution as proposed to be amended. (3) Availability Each Committee shall make reasonable efforts to make a comparative print required by paragraph (1) available to the members of the Committee and to the public as early as practicable, and before a covered markup, if practical. (h) Questions for the record (1) In general Except as provided in paragraph (2), for each covered hearing or covered markup, a Committee shall make available on the website of the Committee any response to questions for the record of the covered hearing or covered markup that the Committee receives from a testifying witness. (2) Protection of certain information Upon agreement by the Chairman and Ranking Minority Member of a Committee, a response described in paragraph (1) may be withheld from the website of the Committee if it includes individual casework or constituent information or information that the Chairman and Ranking Minority Member determine is confidential information. 642. Increased transparency of recorded votes (a) Definition In this section, the term Member of Congress means a Member of the House of Representatives and a Member of the Senate. (b) Additional duties of the Clerk of the House of Representatives and the Secretary of the Senate The Clerk of the House of Representatives and the Secretary of the Senate shall make available on the website of the Office of the Clerk or of the Secretary, respectively, a record of the recorded votes of each Member of Congress who is a Member of their House of Congress, organized by the name of the Member of Congress, in a structured data format, which shall include the roll, date, issue, question, result, and title or description of the vote. (c) Web link Each Member of Congress shall provide a link on the website of the Member of Congress to the record of recorded votes of the Member of Congress made available by the Clerk of the House of Representatives or the Secretary of the Senate, as applicable. (d) Effective date This section shall apply to recorded votes by Members of Congress occurring after the date of enactment of this Act. 643. Increased transparency of appropriations bills (a) Inclusion The Clerk of the House of Representatives and the Secretary of the Senate shall ensure that each report accompanying any appropriations bill reported by the Committees on Appropriations of the House of Representatives or the Committee on Appropriations of the Senate, respectively, includes a formatted spreadsheet showing the amounts made available by the bill, in a tabular, digital format that shows separate entries for each fiscal year covered by the bill. (b) Effective date Subsection (a) shall apply with respect to any appropriations bill making funds available for fiscal year 2019 or any fiscal year thereafter. VII Campaign Finance Reforms A Requirements relating to preventing conflicts of interest I Requirements relating to registered lobbyists and government contractors 701. Requirements relating to registered lobbyists (a) In general Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ), as amended by section 141, is amended by adding at the end the following new section: 326. Requirements relating to registered lobbyists (a) Prohibition of contributions or fundraising by registered lobbyists It shall be unlawful for any registered lobbyist to— (1) make a contribution to any candidate for Federal office or Member of Congress; or (2) fundraise for any candidate for Federal office, Member of Congress, authorized committee of a candidate, leadership PAC, or political party committee. (b) Prohibition of soliciting funds from lobbyists It shall be unlawful for any candidate for Federal office, Member of Congress, an agent of such candidate or Member of Congress, or an entity directly or indirectly established, financed, maintained, or controlled by or acting on behalf of 1 or more such candidates or Members of Congress to directly solicit funds from any registered lobbyist in connection with any election for Federal office. (c) Definitions For purposes of this section: (1) Registered lobbyist The term registered lobbyist means a lobbyist, as defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ), that is registered or is required to register under section 4(a) of that Act ( 2 U.S.C. 1603(a) ). (2) Other terms The terms fundraise and solicit have the meaning given those terms in section 301. (d) Clarification Nothing in this section shall be construed to prohibit— (1) any person from engaging in volunteer activity on behalf of a candidate or from making communications which provide information about the candidate but which do not include the solicitation of contributions or other fundraising activity in support of the candidate; (2) any registered lobbyist from making an independent expenditure or fundraising for an independent expenditure; or (3) any candidate for Federal office, Member of Congress, an agent of such candidate or Member of Congress, or an entity directly or indirectly established, financed, maintained, or controlled by or acting on behalf of 1 or more such candidates or Members of Congress from including registered lobbyists in any mass communication, including a mass communication that solicits a contribution. . (b) Definitions Section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ) is amended by adding at the end the following new paragraphs: (27) Fundraise The term fundraise means— (A) hosting or underwriting an event where funds are raised with the intention to contribute such funds to any candidate for Federal office, Member of Congress, authorized committee of a candidate, leadership PAC, or political party committee; (B) transmitting or delivering a contribution to any candidate for Federal office, Member of Congress, authorized committee of a candidate, leadership PAC, or political party committee from another person; (C) making or sending a communication soliciting contributions for any candidate for Federal office, Member of Congress, authorized committee of a candidate, leadership PAC, or political party committee; or (D) otherwise directly or indirectly soliciting, transmitting, or facilitating a contribution to any candidate for Federal office, Member of Congress, authorized committee of a candidate, leadership PAC, or political party committee. (28) Solicit The term solicit means to directly or indirectly ask, request, or recommend, explicitly or implicitly, that another person make a contribution, donation, transfer of funds, or otherwise provide anything of value. . 702. Disclosure of political spending by government contractors Section 735 of division D of the Consolidated Appropriations Act, 2019 is repealed. 703. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations Section 124 of the Financial Services and General Government Appropriations Act, 2019 (division D of Public Law 116–6 ) is hereby repealed. 704. Repeal of revenue procedure that eliminated requirement to report information regarding contributors to certain tax-exempt organizations Revenue Procedure 2018–38 shall have no force and effect. II Requirements relating to corporations 711. Banning corporations from fundraising Section 316(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30118(a) ) is amended by inserting the following before the period at the end: , or for any corporation to fundraise (as defined in section 301) for any candidate for Federal office or Member of Congress . 712. Banning contributions to Members of Congress from corporations under the jurisdiction of their committees (a) Prohibition (1) In general Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ), as amended by sections 141 and 701, is amended by adding at the end the following new section: 327. Prohibiting campaign contributions to Members of Congress by persons with financial interests in categories of business under jurisdiction of committees on which Members serve (a) Prohibiting contributions and solicitation of contributions (1) Contributions No person shall make a contribution to a Member of Congress, an authorized committee of a Member of Congress, or a leadership PAC of a Member of Congress unless, at the time the person makes the contribution, the person certifies under penalty of perjury that the person is not affiliated with a corporation (other than a nonprofit corporation) or a membership organization described in section 501(c)(6) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code any member of which is a corporation which has a financial interest in a category of business which is under the jurisdiction of a committee of Congress on which the Member serves. (2) Solicitation of contributions A Member of Congress may not solicit from a person any contribution, including a contribution to an authorized committee of the Member, a leadership PAC of the Member, a political committee of a political party, or any other political committee, if the member knows or reasonably should know that the person has a financial interest in a category of business which is under the jurisdiction of a committee of Congress on which the Member serves. (3) Solicitation of donations to certain foundations and other nonprofit organizations (A) Solicitations prohibited A Member of Congress may not solicit from a person any donation to a foundation or other nonprofit organization whose governing board includes the Member or an immediate family member of the member if the Member knows or reasonably should know that the person has a financial interest in a category of business which is under the jurisdiction of a committee of Congress on which the Member serves. (B) Definitions For purposes of this paragraph— (i) the term immediate family member means, with respect to a Member of Congress, a parent, child, sibling, spouse, or parent-in-law; and (ii) the term nonprofit organization means an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (4) Determination of categories of businesses under committee jurisdiction For purposes of this subsection, the determination as to whether a category of business is under the jurisdiction of a committee of Congress shall be based on the most recent report filed with the Commission by the Committee on Ethics of the House of Representatives or the Select Committee on Ethics of the Senate under section 712(b) of the Anti-Corruption and Public Integrity Act . (b) Description of persons affiliated with a corporation or trade association For purposes of subsection (a), a person is affiliated with a corporation (other than a nonprofit corporation) or membership organization if the person is any of the following: (1) A separate segregated fund established by the membership organization under section 316. (2) An individual who is a treasurer, agent, or other officer of a separate segregated fund established by a membership organization under section 316. (3) An individual who is general partner, managing member, or executive officer, or other individual with a similar status or function of the corporation or membership organization for purposes of section 316, or who would be treated as a general partner, managing member, or executive officer, or other individual with a similar status of the corporation or membership organization for purposes of section 316 if the corporation or membership organization established a separate segregated fund or solicited contributions under such section. (4) An individual who owns or controls 5 percent or more of the voting shares of the corporation, except that this paragraph does not apply with respect to a corporation whose annual revenues were less than $5,000,000 during any of the 3 most recent fiscal years ending before the date on which the individual makes the contribution. (c) Exceptions Subsection (a) does not apply with respect to any of the following: (1) A contribution to a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress, an authorized committee of such a candidate, or a leadership PAC of such a candidate which is made by an individual who is a resident of the congressional district such candidate represents. (2) A contribution to a candidate for election to the office of Senator, an authorized committee of such a candidate, or a leadership PAC of such a candidate which is made by an individual who is a resident of the State such candidate represents. (3) A contribution made to a political committee by an individual whose identification the political committee is not required to disclose under section 304(b)(3)(A) because the aggregate amount or value of the contributions made by the individual to the committee during the election cycle involved is not in excess of $200. (4) A contribution made to a political committee by a separate segregated fund established by a labor organization under section 316. (d) Other definitions In this section— (1) the term leadership PAC means, with respect to a candidate or a Member of Congress, a political committee that is directly or indirectly established, financed, maintained or controlled by the candidate or the member but which is not an authorized committee of the candidate or the member and which is not affiliated with an authorized committee of the candidate or the member, except that such term does not include a political committee of a political party; and (2) the term member of Congress means a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. . (2) Effective date The amendments made by this subsection shall apply with respect to contributions and donations made or solicited after the expiration of the 120-day period which begins on the date the Committee on Ethics of the House of Representatives and the Select Committee on Ethics of the Senate file the first reports required under subsection (b). (b) Reports by congressional ethics committees on categories of businesses under jurisdiction of committees (1) Reports; submission to Federal Election Commission During each Congress, the Committee on Ethics of the House of Representatives and the Select Committee on Ethics of the Senate shall prepare and submit to the Federal Election Commission a report listing for each standing committee of the House or Senate (as the case may be) the categories of businesses which are under the jurisdiction of such committee, in such form and in accordance with such criteria as the Committee on Ethics of the House of Representatives and the Select Committee on Ethics of the Senate may each establish. (2) Office of congressional ethics recommendations The Office of Congressional Ethics shall annually make recommendations to the Committee on Ethics of the House of Representatives and the Select Committee on Ethics of the Senate regarding updates to each report under paragraph (1). (3) Report contents The Committee on Ethics of the House of Representatives and the Select Committee on Ethics of the Senate shall prepare each report under paragraph (1) in consultation with— (A) the Parliamentarian of the Senate or the Parliamentarian of the House, respectively, to consider the assignment of legislation to each committee as an indicator in preparation of the report; and (B) the Clerk of the Senate or Clerk of the House, respectively, to consider the lobbying activity of businesses in each business category as an indicator in preparation of the report. (4) Timing The Committee on Ethics of the House of Representatives and the Select Committee on Ethics of the Senate shall each submit the first report for a Congress under this section not later than 90 days after the beginning of the Congress. (5) Updates The Committee on Ethics of the House of Representatives and the Select Committee on Ethics of the Senate shall each prepare and submit to the Federal Election Commission updates to reports required under this subsection on a regular and ongoing basis. 713. Corporate PAC ban (a) Limitation (1) In general Section 316(b)(2)(C) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30118(b)(2)(C) ) is amended by striking a corporation and inserting a nonprofit corporation . (2) Definition Section 316(b) of such Act ( 52 U.S.C. 30118(b) ) is amended by adding at the end the following new paragraph: (8) For purposes of this section, the term nonprofit corporation means a corporation described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, other than a corporation which is ineligible to be exempt from taxation under section 501(a) of such Code if it establishes a separate segregated fund under this subsection. . (b) Permitting solicitation of contributions only from executive and administrative personnel Section 316(b) of such Act ( 52 U.S.C. 30118(b) ) is amended— (1) in paragraph (4)(A)(i), by striking its stockholders and their families and ; (2) in paragraph (4)(B)— (A) by striking a corporation the first place it appears and inserting a nonprofit corporation ; (B) by striking any stockholder, executive or administrative personnel, and inserting any executive or administrative personnel ; and (C) by striking stockholders, executive or administrative personnel, and inserting executive or administrative personnel ; (3) in paragraph (4)(D)— (A) by striking stockholders and ; (B) by striking such stockholders or personnel and inserting such personnel ; and (C) by striking such stockholders and personnel and inserting such personnel ; and (4) in paragraph (5), by striking stockholders and . (c) Treatment of government contractors Section 317(b) of such Act ( 52 U.S.C. 30119(b) ) is amended— (1) by striking any corporation and inserting any nonprofit corporation ; and (2) by striking a corporation and inserting a nonprofit corporation . (d) Effective date; transition for existing funds and committees (1) Effective date The amendments made by this Act shall take effect on the date of the enactment of this Act. (2) Transition for existing funds and committees In the case of a separate segregate fund established and operating under section 316(b)(2)(C) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30118(b)(2)(C) ) as of the date of the enactment of this Act which is not a fund of a nonprofit corporation as defined in section 316(b)(8) of such Act (as added by subsection (a)(2)), the fund shall terminate and disburse its entire balance not later than 1 year after the date of the enactment of this Act. 714. Disclosure of campaign-related disbursements (a) Disclosure requirements for corporations, labor organizations, and certain other entities (1) In general Section 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ) is amended to read as follows: 324. Disclosure of campaign-related disbursements by covered organizations (a) Disclosure statement (1) In general Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described The information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15(d) of that Act ( 15 U.S.C. 78o(d) )) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that— (i) identifies each beneficial owner by name and current residential or business street address; and (ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) (i) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2020, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be 2020. (F) (i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization— (I) the name and address of each person who made such payment during the period covered by the statement; (II) the date and amount of such payment; and (III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii) In any calendar year after 2020, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be 2020. (G) Such other information as required in rules established by the Commission to promote the purposes of this section. (3) Exceptions (A) Amounts received in ordinary course of business The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. (B) Donor restriction on use of funds The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. (C) Threat of harassment or reprisal The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. (4) Other definitions For purposes of this section: (A) Beneficial owner defined (i) In general Except as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly— (I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or (II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. (ii) Exceptions The term beneficial owner shall not include— (I) a minor child; (II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; (IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or (V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). (iii) Anti-abuse rule The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). (B) Disclosure date The term disclosure date means— (i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. (C) Election reporting cycle The term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office. (D) Payment The term payment includes any contribution, donation, transfer, payment of dues, or other payment. (b) Coordination with other provisions (1) Other reports filed with the Commission Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined (1) In general In this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. (B) Any public communication which refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. (C) An electioneering communication, as defined in section 304(f)(3). (D) A covered transfer. (2) Intent not required A disbursement for an item described in subparagraph (A), (B), (C), or (D) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement. (e) Covered organization defined In this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (4) A labor organization (as defined in section 316(b)). (5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). (6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. (f) Covered transfer defined (1) In general In this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; (D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or (E) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions The term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. (3) Special rule regarding transfers among affiliates (A) Special rule A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. (B) Determination of amount of certain payments among affiliates In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. (C) Description of transfers between affiliates A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D) Determination of affiliate status For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (E) Coverage of transfers to affiliated section 501(c)(3) organizations This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. (g) No effect on other reporting requirements Nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements. . (2) Conforming amendment Section 304(f)(6) of such Act ( 52 U.S.C. 30104 ) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement . (b) Coordination with FinCEN (1) In general The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as added by this section. (2) Report Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. III Requirements relating to foreign nationals 721. Banning foreign-owned and partially foreign-owned corporations from spending on United States elections Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting the following before the semicolon: (including a State or local ballot initiative or referendum), including any disbursement to a political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions) ; (ii) in subparagraph (B), by striking or at the end; (iii) in subparagraph (C), by striking expenditure and all that follows through ; or and inserting expenditure; ; and (iv) by adding at the end the following new subparagraphs: (D) an independent expenditure; (E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); (F) a disbursement for a paid internet or paid digital communication that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; (G) a disbursement for a broadcast, cable or satellite communication, or for a paid internet or paid digital communication, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); or (H) a disbursement for a broadcast, cable, or satellite communication, or for a paid internet or paid digital communication, that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held and is made for the purpose of influencing an election held during that year, but only if the disbursement is made by a foreign principal who is a government of a foreign country or a foreign political party or an agent of such a foreign principal as defined under section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ); ; (B) in paragraph (2), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new paragraph: (3) a foreign national to direct, dictate, control, or directly or indirectly participate in the decision-making process of any person (including a corporation, labor organization, political committee, or political organization) with regard to the Federal or non-Federal election-related activity of such person, including any decision concerning the making of contributions, donations, expenditures, or disbursements in connection with an election for any Federal, State, or local office or any decision concerning the administration of a political committee. ; (2) in subsection (b)— (A) in paragraph (1), by striking or at the end; (B) in paragraph (2), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new paragraph: (3) any for-profit corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity, which is not a foreign national described in paragraph (1) and— (A) in which a foreign national described in paragraph (1) or (2) or a foreign business as defined in subsection (d) directly or indirectly holds, owns, controls, or otherwise has direct or indirect beneficial ownership of 1 percent or more of the total equity, outstanding voting shares, membership units, or other applicable ownership interests of the entity; (B) in which two or more foreign nationals described in paragraph (1) or (2) or foreign businesses as so defined, in aggregate, directly, or indirectly hold, own, control, or otherwise have direct or indirect beneficial ownership of five percent or more of the total equity, outstanding voting shares, membership units, or other applicable ownership interests of the entity; (C) over which one or more foreign nationals described in paragraph (1) or (2) or foreign businesses as so defined has the power to direct, dictate, or control the decision-making process of the entity with respect to its interests in the United States; or (D) over which one or more foreign nationals described in paragraph (1) or (2) or foreign businesses as so defined has the power to direct, dictate, or control the decision-making process of the entity with respect to activities in connection with a Federal, State, or local election, including— (i) the making of a contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)); or (ii) the administration of a political committee established or maintained by the entity. ; and (3) by adding at the end the following new subsections: (c) Certification of compliance required for carrying out activity Prior to the making in connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a covered for-profit entity, as defined in section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ), during a year, the chief executive officer of the entity (or, if the entity does not have a chief executive officer, the highest ranking official of the entity), shall file a certification with the Commission, under penalty of perjury, avowing that the entity is not a foreign national and that a foreign national did not direct, dictate, control, or directly or indirectly participate in the decision-making process relating to such activity in violation of subsection (a)(3), unless the chief executive officer or highest ranking official, if applicable, has previously filed such a certification within the previous 30 days. (d) Definition of foreign business For purposes of this section, the term foreign business means any for-profit corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity wherein a foreign national holds, owns, controls, or otherwise has directly or indirectly acquired beneficial ownership of equity or voting shares in an amount that is equal to or greater than 50 percent of the total equity or outstanding voting shares. . IV Additional requirements A Campaign Finance 731. Clarification on treatment of information used to influence an election for Federal office as a contribution; clarification regarding purpose of influencing an election for Federal office (a) In general Section 301(8) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8) ) is amended by adding at the end the following new subparagraph: (C) For purposes of subparagraph (A)(i) and section 319(a)(1)(A), material, non-public information, including opposition research, intended to be used for the purpose of influencing an election for Federal office as described in subparagraph (A)(i), or in the case of section 319(a)(1)(A), in connection with a Federal, State, or local election, shall be considered a thing of value without regard to whether the information provided has monetary value. . (b) Clarification regarding purpose of influencing an election (1) Contributions Section 301(8)(A)(i) of such Act ( 52 U.S.C. 30101(8)(A)(i) ) is amended by inserting the following before the semicolon: (whether in whole or in part, or with the predictable effect of, influencing an election for Federal office) . (2) Expenditures Section 301(9)(A)(i) of such Act ( 52 U.S.C. 30101(9)(A)(i) ) is amended by inserting the following before the semicolon: (whether in whole or in part, or with the predictable effect of, influencing an election for Federal office) . (c) Application of penalties Section 309(d)(1)(A)(ii) of such Act ( 52 U.S.C. 30109(d)(1)(A)(ii) ) is amended— (1) by striking $2,000 or more (but less than $25,000) and inserting less than $25,000 ; and (2) by inserting or involving information described in section 301(8)(C), and which has a value that is not ascertainable after during a calendar year . 732. Prohibition on super PAC-candidate coordination (a) Clarification of treatment of coordinated expenditures as contributions to candidates (1) Treatment as contribution to candidate Section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(A) ), as amended by section 731, is amended— (A) by striking or at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting ; or ; and (C) by adding at the end the following new clause: (iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 328) which is not otherwise treated as a contribution under clause (i) or clause (ii). . (2) Definitions Title III of such Act ( 52 U.S.C. 30101 et seq. ), as amended by sections 141, 701, and 712, is amended by adding at the end the following new section: 328. Payments for coordinated expenditures (a) Coordinated expenditures (1) In general For purposes of section 301(8)(A)(iii), the term coordinated expenditure means— (A) any expenditure, or any payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or (B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). (2) Exception for payments for certain communications A payment for a communication (including a covered communication described in subsection (d)) shall not be treated as a coordinated expenditure under this subsection if— (A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or (B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (b) Coordination described (1) In general For purposes of this section, a payment is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. (2) No finding of coordination based solely on sharing of information regarding legislative or policy position For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. (3) No effect on party coordination standard Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). (4) No safe harbor for use of firewall A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. (c) Payments by coordinated spenders for covered communications (1) Payments made in cooperation, consultation, or concert with candidates For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. (2) Coordinated spender defined For purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: (A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. (B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). (C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). (D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. (E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate’s campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. (d) Covered communication defined (1) In general For purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— (A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); (B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. (2) Applicable election period In paragraph (1)(C), the applicable election period with respect to a communication means— (A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or (B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. (3) Special rules for communications involving congressional candidates For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. (e) Penalty (1) Determination of amount Any person who knowingly and willfully commits a violation of this Act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of— (A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or (B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. (2) Joint and several liability Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission’s action, whichever is later. . (3) Effective date (A) Repeal of existing regulations on coordination Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act— (i) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR part 109, subpart C, under the heading Coordination ) are repealed; and (ii) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (B) Effective date The amendments made by this subsection shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. (b) Clarification of ban on fundraising for super PACs by Federal candidates and officeholders Section 323(e)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30125(e)(1) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office). . 733. Disclosure of major donors, bundlers, and finance events in Presidential campaigns Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by section 141, is amended by adding at the end the following new subsection: (i) Disclosure of major donors, bundlers, and finance events in Presidential campaigns Each report under this section by an authorized committee of a candidate for the office of President shall include the following information with respect to the reporting period: (1) The names and addresses of all donors, bundlers, and fundraisers who are given titles, including national or regional finance committee members. (2) The names and addresses of all members of fundraiser host committees. (3) The names and addresses of all persons specifically invited to campaign fundraisers. (4) The dates and locations of all fundraisers. . 734. Lowering contribution limits; repeal of special contribution limits for contributions to national parties for certain purposes (a) Decrease in individual limits for certain contributions Section 315(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(1) ) is amended— (1) in subparagraph (A), by striking $2,000 and inserting $1,000 ; and (2) in subparagraph (B), by striking $25,000 and inserting $10,000 . (b) Repeal of special contribution limits for contributions to national parties for certain purposes (1) In general Section 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended— (A) in paragraph (1)(B), by striking , or, in the case of contributions made to any of the accounts described in paragraph (9), exceed 300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar year , (B) in paragraph (2)(B), by striking , or, in the case of contributions made to any of the accounts described in paragraph (9), exceed 300 percent of the amount otherwise applicable under this subparagraph with respect to such calendar year , and (C) by striking paragraph (9). (2) Conforming amendment Section 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended by striking paragraph (5). (3) Return of previously contributed amounts Not later than 90 days after the effective date under subsection (d), each political committee established and maintained by a political party shall distribute all amounts in accounts described in section 315(a)(9) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(9) ) to individuals who made contributions to such accounts. The amount distributed to any contributor from any account shall bear the same ratio to the amount of contributions made by such contributor to such account as the balance of such account on such effective date bears to the total amount of contributions made to such account. (c) Indexing of revised contribution limits Section 315(c) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a(c) ) is amended— (1) in paragraph (1)(B)— (A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; (B) in subclause (I), as resdesignated by subparagraph (A), by striking (a)(1)(A), (a)(1)(B), ; (C) in subclause (III), as redesignated by such subparagraph— (i) by striking clause (i) and inserting subclause (I) ; and (ii) by striking the period at the end and inserting ; and ; (D) in the matter preceding subclause (I), as so redesignated, by striking subparagraph (C), in any calendar year and inserting “subparagraph (C)— (i) in any calendar year ; and (E) by adding at the end the following new clause: (ii) in any calendar year after 2021— (I) a limitation established by subsection (a)(1)(A) or (a)(1)(B) shall be increased by the percent difference determined under subparagraph (A); (II) each amount so increased shall remain in effect for the calendar year; and (III) if any amount after adjustment under subclause (I) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (i), by striking and ; (B) in clause (ii)— (i) by striking (a)(1)(A), (a)(1)(B), (a)(3), and inserting (a)(3) ; and (ii) by striking the period and inserting ; and ; and (C) by adding at the end the following: (iii) for purposes of subsections (a)(1)(A) and (a)(1)(B), calendar year 2020. . (d) Effective date The amendments made by this section shall apply with respect to contributions made on or after January 1, 2021. 735. Restrictions on testing the waters Section 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) For purposes of paragraph (7)(B): (A) The term expenditure made in cooperation, consultation, or concert with, or at the request or suggestion of a candidate, his authorized political committees, or their agents includes an expenditure made by a person— (i) that during the four years preceding the expenditure (for the office of President) or during the two years preceding the expenditure (for all other expenditures) was directly or indirectly established, maintained, controlled, or principally funded by a candidate, the candidate’s committee, or an immediate family member of a candidate; (ii) that during the four years preceding the expenditure (for the office of President) or during the two years preceding the expenditure (for all other expenditures) employed or otherwise retained the services (other than accounting or legal services) of a person who, whether paid or unpaid, at any point during the same four-year or two-year period, had or exercised executive or managerial authority for the candidate, or acted as an agent of the candidate; or (iii) for whom during the four years preceding the expenditure (for the office of President) or during the two years preceding the expenditure (for all other expenditures) the candidate or candidate’s committee solicited funds, provided non-public fundraising information or strategy, or appeared as a featured guest at a fundraising event. (B) The term expenditure has the meaning given that term in section 301 and section 316(b) and also includes the following, when conducted by a person described in subparagraph (A) of this paragraph: (i) A public communication as defined in section 301(22) that— (I) expressly advocates for the nomination or election of a clearly identified candidate for Federal office or against the nomination or election of a candidate for such office, or that is the functional equivalent of such express advocacy; (II) promotes or supports a candidate for Federal office, or attacks or opposes a candidate for such office (regardless of whether the communication expressly advocates the election or defeat of a candidate or is the functional equivalent of express advocacy); or (III) refers to a clearly identified candidate for Federal office at any time from 120 days before a primary election or nominating caucus or convention through the general election, and is disseminated in the jurisdiction where the election for the office the candidate is seeking is held. (ii) A disbursement for partisan voter activity (such as partisan voter registration, get-out-the-vote activity, phone banking, or generic campaign activity) in the jurisdiction where the election for the office the candidate is seeking is held. (iii) A disbursement to pay for research, design, or production costs, polling expenses, data analytics, creating or purchasing mailing or social media lists, or other activities related to those described in clause (i) or (ii). (C) The term candidate includes any person who is a candidate for Federal office at the time of the expenditure, regardless of whether such person was a candidate at the time of the conduct described in subparagraph (A). . 736. Personal use ban for leadership PACS Section 313(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30114(a) ) is amended, in the matter preceding paragraph (1), by inserting or a leadership PAC (as defined in subsection (c)(4)) of a candidate after by a candidate . 737. Prohibition on joint fundraising committees Section 302(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(e) ) is amended— (1) in paragraph (3)(A)— (A) by striking clause (ii); (B) in clause (i), by striking ; and and inserting a period; and (C) by striking except that and all that follows through the candidate and inserting except that the candidate ; and (2) by adding at the end the following new paragraph: (6) A political committee may not engage in joint fundraising with other political committees or with unregistered committees or organizations. . B Prohibition on the appointment of big donor ambassadors and chiefs of mission 738. Prohibition on the appointment of big donor ambassadors and chiefs of mission Section 304(a) of the Foreign Service Act of 1980 ( 22 U.S.C. 3944(a) ) is amended— (1) in paragraph (3)— (A) by inserting (A) before Contributions ; (B) by striking should not and inserting shall not ; and (C) by adding at the end the following: “The President may not appoint as chief of mission any individual who has made any contribution or bundled contribution in any amount to the political campaign of the President or an authorized committee of the President (as those terms are defined in paragraph (4)(B)(ii)). (B) An individual who would otherwise be prohibited from appointment as chief of mission under subparagraph (A) because of one or more contributions or bundled contributions may be appointed by the President if such individual receives a full refund for each such contribution or bundled contribution prior to the President providing the report required under paragraph (4). ; and (2) in paragraph (4)— (A) by inserting (A) before The President ; and (B) by adding at the end the following new subparagraph: (B) (i) The report required under subparagraph (A) shall include— (I) an explanation of the nominee’s knowledge, if applicable, of the principal language or dialect of the country in which the individual is to serve, and knowledge, if applicable, of the history, culture, economic and political institutions, and interests of that country and its people; and (II) a certification of the President that the nominee, in accordance with this Act— (aa) did not make any contributions or bundled contributions in any amount to the political campaign of the President or an authorized committee of the President at any time preceding the date that the Committee on Foreign Relations of the Senate receives the nominee’s nomination; or (bb) has received a full refund for each such contribution or bundled contribution. (ii) In this subparagraph, the terms contribution, bundled contribution, and authorized committee have the meanings given those terms in title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ). . B Strengthening Oversight of Online Political Advertising 741. Expansion of definition of public communication (a) In general Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(22) ) is amended by striking or satellite communication and inserting satellite, paid internet, or paid digital communication . (b) Treatment of contributions and expenditures Section 301 of such Act ( 52 U.S.C. 30101 ) is amended— (1) in paragraph (8)(B)— (A) by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising in clause (v) and inserting in any public communication ; (B) by striking broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising in clause (ix)(1) and inserting public communication ; and (C) by striking but not including the use of broadcasting, newspapers, magazines, billboards, direct mail, or similar types of general public communication or political advertising in clause (x) and inserting but not including use in any public communication ; and (2) in paragraph (9)(B)— (A) by amending clause (i) to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; ; and (B) in clause (iv), by striking on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising and inserting in any public communication . (c) Disclosure and disclaimer statements Subsection (a) of section 318 of such Act ( 52 U.S.C. 30120 ) is amended— (1) by striking financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting financing any public communication ; and (2) by striking solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising and inserting solicits any contribution through any public communication . 742. Expansion of definition of electioneering communication (a) Application to qualified internet and digital communications (1) In general Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(f)(3)(A) ) is amended by striking or satellite communication each place it appears in clauses (i) and (ii) and inserting satellite, or qualified internet or digital communication . (2) Qualified internet or digital communication Paragraph (3) of section 304(f) of such Act ( 52 U.S.C. 30104(f) ) is amended by adding at the end the following new subparagraph: (D) Qualified internet or digital communication The term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)). . (b) Nonapplication of relevant electorate to online communications Section 304(f)(3)(A)(i)(III) of such Act ( 52 U.S.C. 30104(f)(3)(A)(i)(III) ) is amended by inserting any broadcast, cable, or satellite before communication . (c) News exemption Section 304(f)(3)(B)(i) of such Act ( 52 U.S.C. 30104(f)(3)(B)(i) ) is amended to read as follows: (i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate; . 743. Application of disclaimer statements to online communications (a) Clear and conspicuous manner requirement Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30120(a) ) is amended— (1) by striking shall clearly state each place it appears in paragraphs (1), (2), and (3) and inserting shall state in a clear and conspicuous manner ; and (2) by adding at the end the following flush sentence: For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked. . (b) Special rules for qualified internet or digital communications (1) In general Section 318 of such Act ( 52 U.S.C. 30120 ) is amended by adding at the end the following new subsection: (e) Special rules for qualified internet or digital communications (1) Special rules with respect to statements In the case of any communication to which this section applies which is a qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner— (A) state the name of the person who paid for the communication; and (B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. (2) Safe harbor for determining clear and conspicuous manner A statement in a qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: (A) Text or graphic communications In the case of a text or graphic communication, the statement— (i) appears in letters at least as large as the majority of the text in the communication; and (ii) meets the requirements of paragraphs (2) and (3) of subsection (c). (B) Audio communications In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. (C) Video communications In the case of a video communication which also includes audio, the statement— (i) is included at either the beginning or the end of the communication; and (ii) is made both in— (I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and (II) an audible format that meets the requirements of subparagraph (B). (D) Other communications In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C). . (2) Nonapplication of certain exceptions The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971, as added by this Act). (c) Modification of additional requirements for certain communications Section 318(d) of such Act ( 52 U.S.C. 30120(d) ) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format ; and (B) by striking By radio in the heading and inserting Audio format ; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format ; and (B) by striking By television in the heading and inserting Video format ; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format ; and (B) by striking through television in the second sentence and inserting in video format . 744. Political record requirements for online platforms (a) In general Section 304 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104 ), as amended by sections 141 and 733, is further amended by adding at the end the following new subsection: (j) Disclosure of certain online advertisements (1) In general (A) Requirements for online platforms An online platform shall maintain, and make available for online public inspection in machine-readable format, a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500. (B) Requirements for advertisers Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). (2) Contents of record A record maintained under paragraph (1)(A) shall contain— (A) a digital copy of the qualified political advertisement; (B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first displayed and last displayed; and (C) information regarding— (i) the average rate charged for the advertisement; (ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); (iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and (iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name, address, and phone number of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person. (3) Online platform For purposes of this subsection, the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which— (A) sells qualified political advertisements; and (B) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months. (4) Qualified political advertisement For purposes of this subsection, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that— (A) is made by or on behalf of a candidate; or (B) communicates a message relating to any political matter of national importance, including— (i) a candidate; (ii) any election to Federal office; or (iii) a national legislative issue of public importance. (5) Time to maintain file The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. (6) Penalties For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309. . (b) Rulemaking Not later than 90 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules— (1) requiring common data formats for the record required to be maintained under section 304(j) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date. (c) Reporting Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on— (1) matters relating to compliance with and the enforcement of the requirements of section 304(j) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. 745. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ), as amended by section 721, is amended by adding at the end the following new subsection: (e) Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(k)(3)) shall exercise due diligence to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. . C Public Financing I Small Dollar Financing of Senate Election Campaigns 751. Eligibility requirements and benefits of fair elections financing of Senate election campaigns The Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq. ) is amended by adding at the end the following: V Fair Elections Financing of Senate Election Campaigns A General provisions 501. Definitions In this title: (1) Allocation from the fund The term allocation from the Fund means an allocation of money from the Freedom From Influence Fund to a participating candidate pursuant to section 522. (2) Commission The term Commission means the Federal Election Commission. (3) Enhanced matching contribution The term enhanced matching contribution means an enhanced matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 524. (4) Enhanced support qualifying period The term enhanced support qualifying period means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. (5) Fair elections qualifying period The term Fair Elections qualifying period means, with respect to any candidate for Senator, the period— (A) beginning on the date on which the candidate files a statement of intent under section 511(a)(1); and (B) ending on the date that is 30 days before— (i) the date of the primary election; or (ii) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (6) Fair elections start date The term Fair Elections start date means, with respect to any candidate, the date that is 180 days before— (A) the date of the primary election; or (B) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. (7) Fund The term Fund means the Freedom From Influence Fund established by section 502. (8) Immediate family The term immediate family means, with respect to any candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (9) Matching contribution The term matching contribution means a matching payment provided to a participating candidate for qualified small dollar contributions, as provided under section 523. (10) Nonparticipating candidate The term nonparticipating candidate means a candidate for Senator who is not a participating candidate. (11) Participating candidate The term participating candidate means a candidate for Senator who is certified under section 514 as being eligible to receive an allocation from the Fund. (12) Qualifying contribution The term qualifying contribution means, with respect to a candidate, a contribution that— (A) is in an amount that is— (i) not less than the greater of $5 or the amount determined by the Commission under section 531; and (ii) not more than the greater of $200 or the amount determined by the Commission under section 531; (B) is made by an individual— (i) who is a resident of the State in which such candidate is seeking election; and (ii) who is not otherwise prohibited from making a contribution under this Act; (C) is made during the Fair Elections qualifying period; and (D) meets the requirements of section 512(b). (13) Qualified small dollar contribution The term qualified small dollar contribution means, with respect to a candidate, any contribution (or series of contributions)— (A) which is not a qualifying contribution (or does not include a qualifying contribution); (B) which is made by an individual who is not prohibited from making a contribution under this Act; and (C) the aggregate amount of which does not exceed the greater of— (i) $200 per election; or (ii) the amount per election determined by the Commission under section 531. (14) Qualifying multicandidate political committee contribution (A) In general The term qualifying multicandidate political committee contribution means any contribution to a candidate that is made from a qualified account of a multicandidate political committee (within the meaning of section 315(a)(2)). (B) Qualified account For purposes of subparagraph (A), the term qualified account means, with respect to a multicandidate political committee, a separate, segregated account of the committee that consists solely of contributions which meet the following requirements: (i) All contributions to such account are made by individuals who are not prohibited from making contributions under this Act. (ii) The aggregate amount of contributions from each individual to such account and all other accounts of the political committee do not exceed the amount described in paragraph (13)(C). 502. Freedom from influence fund (a) Establishment There is established in the Treasury a fund to be known as the Freedom From Influence Fund . (b) Amounts held by fund The Fund shall consist of the following amounts: (1) Assessments against fines, settlements, and penalties Amounts transferred under section 3015 of title 18, United States Code, section 9707 of title 31, United States Code, and section 6761 of the Internal Revenue Code of 1986. (2) Deposits Amounts deposited into the Fund under— (A) section 513(c) (relating to exceptions to contribution requirements); (B) section 521(c) (relating to remittance of unused payments from the Fund); and (C) section 532 (relating to violations). (3) Investment returns Interest on, and the proceeds from, the sale or redemption of any obligations held by the Fund under subsection (c). (c) Investment The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. (d) Use of fund To make payments to participating candidates (1) Payments to participating candidates Amounts in the Fund shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. (2) Mandatory reduction of payments in case of insufficient amounts in fund (A) Advance audits by commission Not later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), the Commission shall— (i) audit the Fund to determine whether the amounts in the Fund will be sufficient to make payments to participating candidates in the amounts provided in this title during such election cycle; and (ii) submit a report to Congress describing the results of the audit. (B) Reductions in amount of payments (i) Automatic reduction on pro rata basis If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates to payments under this title for such election cycle, the Commission shall reduce each amount which would otherwise be paid to a participating candidate under this title by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the election cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such election cycle. (ii) Restoration of reductions in case of availability of sufficient funds during election cycle If, after reducing the amounts paid to participating candidates with respect to an election cycle under clause (i), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such participating candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under clause (i) (or any portion thereof, as the case may be). (iii) No use of amounts from other sources In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to participating candidates under this title, moneys shall not be made available from any other source for the purpose of making such payments. (e) Use of fund To make other payments In addition to the use described in subsection (d), amounts in the Fund shall be available without further appropriation or fiscal year limitation— (1) to make payments under chapter 95 of subtitle H of the Internal Revenue Code of 1986 pursuant to sections 9006(b) and 9008(j) of such Code, subject to reductions under section 9013(b) of such Code; and (2) to make payments to candidates under chapter 96 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9043(b) of such Code. (f) Effective date This section shall take effect on the date of the enactment of this title. B Eligibility and certification 511. Eligibility (a) In general A candidate for Senator is eligible to receive an allocation from the Fund for any election if the candidate meets the following requirements: (1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate under this title during the period beginning on the Fair Elections start date and ending on the last day of the Fair Elections qualifying period. (2) The candidate meets the qualifying contribution requirements of section 512. (3) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate’s principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 513; (B) if certified, will not run as a nonparticipating candidate during such year in any election for the office that such candidate is seeking; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate otherwise qualified to be on the ballot under State law. 512. Qualifying contribution requirement (a) In general A candidate for Senator meets the requirement of this section if, during the Fair Elections qualifying period, the candidate obtains— (1) a number of qualifying contributions equal to the greater of— (A) the sum of— (i) 2,000; plus (ii) 500 for each congressional district in the State with respect to which the candidate is seeking election; or (B) the amount determined by the Commission under section 531; and (2) a total dollar amount of qualifying contributions equal to the greater of— (A) 10 percent of the amount of the allocation such candidate would be entitled to receive for the primary election under section 522(c)(1) (determined without regard to paragraph (5) thereof) if such candidate were a participating candidate; or (B) the amount determined by the Commission under section 531. (b) Requirements relating to receipt of qualifying contribution Each qualifying contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing— (A) the contributor’s name and the contributor’s address in the State in which the contributor is registered to vote; and (B) an oath declaring that the contributor— (i) understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may qualify for Fair Elections financing; (ii) is making the contribution in his or her own name and from his or her own funds; (iii) has made the contribution willingly; and (iv) has not received anything of value in return for the contribution; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualifying contributions The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. 513. Contribution and expenditure requirements (a) General rule A candidate for Senator meets the requirements of this section if, during the election cycle of the candidate, the candidate— (1) except as provided in subsection (b), accepts no contributions other than— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; and (G) vouchers provided to the candidate under section 525; (2) makes no expenditures from any amounts other than from— (A) qualifying contributions; (B) qualified small dollar contributions; (C) qualifying multicandidate political committee contributions; (D) allocations from the Fund under section 522; (E) matching contributions under section 523; (F) enhanced matching contributions under section 524; and (G) vouchers provided to the candidate under section 525; and (3) makes no expenditures from personal funds or the funds of any immediate family member (other than funds received through qualified small dollar contributions and qualifying contributions). For purposes of this subsection, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (b) Contributions for leadership PACs, etc A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in subsection (a)(1) from any person if— (1) the aggregate contributions from such person for any calendar year do not exceed $200; and (2) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. (c) Exception Notwithstanding subsection (a), a candidate shall not be treated as having failed to meet the requirements of this section if any contributions that are not qualified small dollar contributions, qualifying contributions, qualifying multicandidate political committee contributions, or contributions that meet the requirements of subsection (b) and that are accepted before the date the candidate files a statement of intent under section 511(a)(1) are— (1) returned to the contributor; or (2) submitted to the Commission for deposit in the Fund. 514. Certification (a) In general Not later than 5 days after a candidate for Senator files an affidavit under section 511(a)(3), the Commission shall— (1) certify whether or not the candidate is a participating candidate; and (2) notify the candidate of the Commission’s determination. (b) Revocation of certification (1) In general The Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification; or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits If certification is revoked under paragraph (1), the candidate shall repay to the Fund an amount equal to the value of benefits received under this title plus interest (at a rate determined by the Commission) on any such amount received. C Benefits 521. Benefits for participating candidates (a) In general For each election with respect to which a candidate is certified as a participating candidate under section 514, such candidate shall be entitled to— (1) an allocation from the Fund to make or obligate to make expenditures with respect to such election, as provided in section 522; (2) matching contributions, as provided in section 523; (3) enhanced matching contributions, as provided in section 524; and (4) for the general election, vouchers for broadcasts of political advertisements, as provided in section 525. (b) Restriction on uses of allocations from the fund Allocations from the Fund received by a participating candidate under section 522, matching contributions under section 523, and enhanced matching contributions under section 524 may only be used for campaign-related costs. (c) Remitting allocations from the fund (1) In general Not later than the date that is 45 days after an election in which the participating candidate appeared on the ballot, such participating candidate shall remit to the Commission for deposit in the Fund an amount equal to the lesser of— (A) the amount of money in the candidate’s campaign account; or (B) the sum of the allocations from the Fund received by the candidate under section 522, the matching contributions received by the candidate under section 523, and the enhanced matching contributions under section 524. (2) Exception In the case of a candidate who qualifies to be on the ballot for a primary runoff election, a general election, or a general runoff election, the amounts described in paragraph (1) may be retained by the candidate and used in such subsequent election. 522. Allocations from the fund (a) In general The Commission shall make allocations from the Fund under section 521(a)(1) to a participating candidate— (1) in the case of amounts provided under subsection (c)(1), not later than 48 hours after the date on which such candidate is certified as a participating candidate under section 514; (2) in the case of a general election, not later than 48 hours after— (A) the date of the certification of the results of the primary election or the primary runoff election; or (B) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; and (3) in the case of a primary runoff election or a general runoff election, not later than 48 hours after the certification of the results of the primary election or the general election, as the case may be. (b) Method of payment The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. (c) Amounts (1) Primary election allocation; initial allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a primary election to a participating candidate in an amount equal to 67 percent of the base amount with respect to such participating candidate. (2) Primary runoff election allocation The Commission shall make an allocation from the Fund for a primary runoff election to a participating candidate in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. (3) General election allocation Except as provided in paragraph (5), the Commission shall make an allocation from the Fund for a general election to a participating candidate in an amount equal to the base amount with respect to such candidate. (4) General runoff election allocation The Commission shall make an allocation from the Fund for a general runoff election to a participating candidate in an amount equal to 25 percent of the base amount with respect to such candidate. (5) Uncontested elections (A) In general In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation which such candidate would be entitled to under this section for such election if this paragraph did not apply. (B) Uncontested election defined For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a participating candidate would be entitled to receive under this section for such election if this paragraph did not apply. (d) Base amount (1) In general Except as otherwise provided in this subsection, the base amount for any candidate is an amount equal to the greater of— (A) the sum of— (i) $750,000; plus (ii) $150,000 for each congressional district in the State with respect to which the candidate is seeking election; or (B) the amount determined by the Commission under section 531. (2) Indexing In each even-numbered year after 2025— (A) each dollar amount under paragraph (1)(A) shall be increased by the percent difference between the price index (as defined in section 315(c)(2)(A)) for the 12 months preceding the beginning of such calendar year and the price index for calendar year 2022; (B) each dollar amount so increased shall remain in effect for the 2-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (C) if any amount after adjustment under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. 523. Matching payments for qualified small dollar contributions (a) In general The Commission shall pay to each participating candidate an amount equal to 600 percent of the amount of qualified small dollar contributions received by the candidate from individuals who are residents of the State in which such participating candidate is seeking election after the date on which such candidate is certified under section 514. (b) Limitation The aggregate payments under subsection (a) with respect to any candidate shall not exceed the greater of— (1) 400 percent of the allocation such candidate is entitled to receive for such election under section 522 (determined without regard to subsection (c)(5) thereof); or (2) the percentage of such allocation determined by the Commission under section 531. (c) Time of payment The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). (d) Reports (1) In general Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports Each report under this subsection shall disclose— (A) the amount of each qualified small dollar contribution received by the candidate; (B) the amount of each qualified small dollar contribution received by the candidate from a resident of the State in which the candidate is seeking election; and (C) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. (3) Frequency of reports Reports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; (B) once every week after the period described in subparagraph (A) and until the date that is 21 days before the election; and (C) once every day after the period described in subparagraph (B). (4) Limitation on regulations The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (e) Appeals The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide the opportunity for review and reconsideration within 5 business days of such denial. 524. Enhanced matching support (a) In general In addition to the payments made under section 523, the Commission shall make an additional payment to an eligible candidate under this section. (b) Eligibility A candidate is eligible to receive an additional payment under this section if the candidate meets each of the following requirements: (1) The candidate is on the ballot for the general election for the office the candidate seeks. (2) The candidate is certified as a participating candidate under this title with respect to the election. (3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than the sum of $15,000 for each congressional district in the State with respect to which the candidate is seeking election. (4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes— (A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; (B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (C) such other information and assurances as the Commission may require. (5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this title. (c) Amount (1) In general Subject to paragraph (2), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of— (A) the amount of the payment made to the candidate under section 523 with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under (b)(4)(A)); or (B) in the case of a candidate who is not eligible to receive a payment under section 523 with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under section 523, the amount of the payment which would have been made to the candidate under section 523 with respect to such qualified small dollar contributions if the candidate had not reached such limit. (2) Limit The amount of the additional payment determined under paragraph (1) with respect to a candidate may not exceed the sum of $150,000 for each congressional district in the State with respect to which the candidate is seeking election. (3) No effect on aggregate limit The amount of the additional payment made to a candidate under this section shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 523. 525. Political advertising vouchers (a) In general The Commission shall establish and administer a voucher program for the purchase of airtime on broadcasting stations for political advertisements in accordance with the provisions of this section. (b) Candidates The Commission shall only disburse vouchers under the program established under subsection (a) to participants certified pursuant to section 514 who have agreed in writing to keep and furnish to the Commission such records, books, and other information as it may require. (c) Amounts The Commission shall disburse vouchers to each candidate certified under subsection (b) in an aggregate amount equal to the greater of— (1) $100,000 multiplied by the number of congressional districts in the State with respect to which such candidate is running for office; or (2) the amount determined by the Commission under section 531. (d) Use (1) Exclusive use Vouchers disbursed by the Commission under this section may be used only for the purchase of broadcast airtime for political advertisements relating to a general election for the office of Senate by the participating candidate to which the vouchers were disbursed, except that— (A) a candidate may exchange vouchers with a political party under paragraph (2); and (B) a political party may use vouchers only to purchase broadcast airtime for political advertisements for generic party advertising (as defined by the Commission in regulations), to support candidates for State or local office in a general election, or to support participating candidates of the party in a general election for Federal office, but only if it discloses the value of the voucher used as an expenditure under section 315(d). (2) Exchange with political party committee (A) In general A participating candidate who receives a voucher under this section may transfer the right to use all or a portion of the value of the voucher to a committee of the political party of which the individual is a candidate (or, in the case of a participating candidate who is not a member of any political party, to a committee of the political party of that candidate’s choice) in exchange for money in an amount equal to the cash value of the voucher or portion exchanged. (B) Continuation of candidate obligations The transfer of a voucher, in whole or in part, to a political party committee under this paragraph does not release the candidate from any obligation under the agreement made under subsection (b) or otherwise modify that agreement or its application to that candidate. (C) Party committee obligations Any political party committee to which a voucher or portion thereof is transferred under subparagraph (A)— (i) shall account fully, in accordance with such requirements as the Commission may establish, for the receipt of the voucher; and (ii) may not use the transferred voucher or portion thereof for any purpose other than a purpose described in paragraph (1)(B). (D) Voucher as a contribution under feca If a candidate transfers a voucher or any portion thereof to a political party committee under subparagraph (A)— (i) the value of the voucher or portion thereof transferred shall be treated as a contribution from the candidate to the committee, and from the committee to the candidate, for purposes of sections 302 and 304; (ii) the committee may, in exchange, provide to the candidate only funds subject to the prohibitions, limitations, and reporting requirements of title III of this Act; and (iii) the amount, if identified as a voucher exchange , shall not be considered a contribution for the purposes of sections 315 and 513. (e) Value; acceptance; redemption (1) Voucher Each voucher disbursed by the Commission under this section shall have a value in dollars, redeemable upon presentation to the Commission, together with such documentation and other information as the Commission may require, for the purchase of broadcast airtime for political advertisements in accordance with this section. (2) Acceptance A broadcasting station shall accept vouchers in payment for the purchase of broadcast airtime for political advertisements in accordance with this section. (3) Redemption The Commission shall redeem vouchers accepted by broadcasting stations under paragraph (2) upon presentation, subject to such documentation, verification, accounting, and application requirements as the Commission may impose to ensure the accuracy and integrity of the voucher redemption system. (4) Expiration (A) Candidates A voucher may only be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on the day before the date of the Federal election in connection with which it was issued and shall be null and void for any other use or purpose. (B) Exception for political party committees A voucher held by a political party committee may be used to pay for broadcast airtime for political advertisements to be broadcast before midnight on December 31st of the odd-numbered year following the year in which the voucher was issued by the Commission. (5) Voucher as expenditure under feca The use of a voucher to purchase broadcast airtime constitutes an expenditure as defined in section 301(9)(A). (f) Definitions In this section: (1) Broadcasting station The term broadcasting station has the meaning given that term by section 315(f)(1) of the Communications Act of 1934. (2) Political party The term political party means a major party or a minor party as defined in section 9002 (3) or (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or (4)). D Administrative provisions 531. Duties of the federal election commission (a) Duties and powers (1) Administration The Commission shall have the power to administer the provisions of this title and shall prescribe regulations to carry out the purposes of this title, including regulations— (A) to establish procedures for— (i) verifying the amount of valid qualifying contributions with respect to a candidate; (ii) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (iii) monitoring the raising of qualifying multicandidate political committee contributions through effectively and efficiently monitoring and enforcing the limits on individual contributions to qualified accounts of multicandidate political committees; (iv) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; (v) monitoring the use of allocations from the Fund and matching contributions under this title through audits or other mechanisms; and (vi) the administration of the voucher program under section 525; and (B) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. (2) Review of Fair Elections financing (A) In general After each general election for Federal office, the Commission shall conduct a comprehensive review of the Fair Elections financing program under this title, including— (i) the maximum dollar amount of qualified small dollar contributions under section 501(13); (ii) the maximum and minimum dollar amounts for qualifying contributions under section 501(12); (iii) the number and value of qualifying contributions a candidate is required to obtain under section 512 to qualify for allocations from the Fund; (iv) the amount of allocations from the Fund that candidates may receive under section 522; (v) the maximum amount of matching contributions a candidate may receive under section 523; (vi) the maximum amount of enhanced matching contributions a candidate may receive under section 524; (vii) the amount and usage of vouchers under section 525; (viii) the overall satisfaction of participating candidates and the American public with the program; and (ix) such other matters relating to financing of Senate campaigns as the Commission determines are appropriate. (B) Criteria for review In conducting the review under subparagraph (A), the Commission shall consider the following: (i) Qualifying contributions and qualified small dollar contributions The Commission shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Commission determines is appropriate. (ii) Review of program benefits The Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations from the Fund under section 522, matching contributions under section 523, enhanced matching contributions under section 524, and vouchers under section 525 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Commission determines is appropriate. (C) Adjustment of amounts (i) In general Based on the review conducted under subparagraph (A), the Commission shall provide for the adjustments of the following amounts: (I) The maximum dollar amount of qualified small dollar contributions under section 501(13)(C). (II) The maximum and minimum dollar amounts for qualifying contributions under section 501(12)(A). (III) The number and value of qualifying contributions a candidate is required to obtain under section 512(a)(1). (IV) The base amount for candidates under section 522(d). (V) The maximum amount of matching contributions a candidate may receive under section 523(b). (VI) The maximum amount of enhanced matching contributions a candidate may receive under section 524(c). (VII) The dollar amount for vouchers under section 525(c). (ii) Regulations The Commission shall promulgate regulations providing for the adjustments made under clause (i). (D) Report Not later than March 30 following any general election for Federal office, the Commission shall submit a report to Congress on the review conducted under subparagraph (A). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission based on such review. (b) Reports Not later than March 30, 2024, and every 2 years thereafter, the Commission shall submit to the Senate Committee on Rules and Administration a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. 532. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate under section 514 accepts a contribution or makes an expenditure that is prohibited under section 513, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fund. (b) Repayment for improper use of freedom from influence fund (1) In general If the Commission determines that any benefit made available to a participating candidate under this title was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. . 752. Exception to limitation on coordinated expenditures by political party committees with participating candidates Section 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (3)(A), by striking in the case of and inserting except as provided in paragraph (6), in the case of ; and (2) by adding at the end the following new paragraph: (6) (A) The limitation under paragraph (3)(A) shall not apply with respect to any expenditure from a qualified political party-participating candidate coordinated expenditure fund. (B) In this paragraph, the term qualified political party-participating candidate coordinated expenditure fund means a fund established by the national committee of a political party, or a State committee of a political party, including any subordinate committee of a State committee, for purposes of making expenditures in connection with the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), that only accepts qualified coordinated expenditure contributions. (C) In this paragraph, the term qualified coordinated expenditure contribution means, with respect to the general election campaign of a candidate for election to the office of Senator who is a participating candidate (as defined in section 501), any contribution (or series of contributions)— (i) which is made by an individual who is not prohibited from making a contribution under this Act; and (ii) the aggregate amount of which does not exceed $500 per election. . 753. Assessments against fines and penalties (a) Assessments relating to criminal offenses (1) In general Chapter 201 of title 18, United States Code, is amended by adding at the end the following new section: 3015. Special assessments for Freedom From Influence Fund (a) Assessments (1) Convictions of crimes In addition to any assessment imposed under this chapter, the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under Federal law an amount equal to 2.75 percent of any fine imposed on that defendant in the sentence imposed for that conviction. (2) Settlements The court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the United States in satisfaction of any allegation that the defendant committed a criminal offense under Federal law an amount equal to 2.75 percent of the amount of the settlement. (b) Manner of collection An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. (c) Transfers In a manner consistent with section 3302(b) of title 31, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 502 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section. . (2) Clerical amendment The table of sections of chapter 201 of title 18, United States Code, is amended by adding at the end the following: 3015. Special assessments for Freedom From Influence Fund. . (b) Assessments relating to civil penalties (1) In general Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: 9707. Special assessments for Freedom From Influence Fund (a) Assessments (1) Civil penalties Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 2.75 percent of the amount of the penalty. (2) Administrative penalties Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose an administrative penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 2.75 percent of the amount of the penalty. (3) Settlements Any entity of the Federal Government which is authorized under any law, rule, or regulation to enter into a settlement agreement or consent decree with any person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to 2.75 percent of the amount of the settlement. (b) Manner of collection An amount assessed under subsection (a) shall be collected— (1) in the case of an amount assessed under paragraph (1) of such subsection, in the manner in which civil penalties are collected by the entity of the Federal Government involved; (2) in the case of an amount assessed under paragraph (2) of such subsection, in the manner in which administrative penalties are collected by the entity of the Federal Government involved; and (3) in the case of an amount assessed under paragraph (3) of such subsection, in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the Federal Government involved. (c) Transfers In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 502 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section. (d) Exception for penalties and settlements under authority of the internal revenue code of 1986 (1) In general No assessment shall be made under subsection (a) with respect to any civil or administrative penalty imposed, or any settlement agreement or consent decree entered into, under the authority of the Internal Revenue Code of 1986. (2) Cross reference For application of special assessments for the Freedom From Influence Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986. . (2) Clerical amendment The table of sections of chapter 97 of title 31, United States Code, is amended by adding at the end the following: 9707. Special assessments for Freedom From Influence Fund. . (c) Assessments relating to certain penalties under the internal revenue code of 1986 (1) In general Chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: D Special Assessments for Freedom From Influence Fund 6761. Special assessments for freedom from influence fund (a) In general Each person required to pay a covered penalty shall pay an additional amount equal to 2.75 percent of the amount of such penalty. (b) Covered penalty For purposes of this section, the term covered penalty means any addition to tax, additional amount, penalty, or other liability provided under subchapter A or B. (c) Exception for certain individuals (1) In general In the case of a taxpayer who is an individual, subsection (a) shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed. (2) Exempt taxpayer For purposes of this subsection, a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section 1 with respect to such taxpayer for such taxable year. (d) Application of certain rules Except as provided in subsection (e), the additional amount determined under subsection (a) shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates. (e) Transfer to freedom from influence fund The Secretary shall deposit any additional amount under subsection (a) in the General Fund of the Treasury and shall transfer from such General Fund to the Freedom From Influence Fund established under section 502 of the Federal Election Campaign Act of 1971 an amount equal to the amounts so deposited (and, notwithstanding subsection (d), such additional amount shall not be the basis for any deposit, transfer, credit, appropriation, or any other payment, to any other trust fund or account). Rules similar to the rules of section 9601 shall apply for purposes of this subsection. . (2) Clerical amendment The table of subchapters for chapter 68 of such Code is amended by adding at the end the following new item: Subchapter D—Special assessments for Freedom From Influence Fund . (d) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. (2) Assessments relating to certain penalties under the internal revenue code of 1986 The amendments made by subsection (c) shall apply to covered penalties assessed after the date of the enactment of this Act. II Presidential Elections A Primary Elections 761. Increase in and modifications to matching payments (a) Increase and modification (1) In general The first sentence of section 9034(a) of the Internal Revenue Code of 1986 is amended— (A) by striking an amount equal to the amount of each contribution and inserting an amount equal to 600 percent of the amount of each matchable contribution (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200) ; and (B) by striking authorized committees and all that follows through $250 and inserting authorized committees . (2) Matchable contributions Section 9034 of such Code is amended— (A) by striking the last sentence of subsection (a); and (B) by adding at the end the following new subsection: (c) Matchable contribution defined For purposes of this section and section 9033(b)— (1) Matchable contribution The term matchable contribution means, with respect to the nomination for election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— (A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; (B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A); and (C) such contribution was a direct contribution. (2) Contribution For purposes of this subsection, the term contribution means a gift of money made by a written instrument which identifies the individual making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4). (3) Direct contribution (A) In general For purposes of this subsection, the term direct contribution means, with respect to a candidate, a contribution which is made directly by an individual to the candidate or an authorized committee of the candidate and is not— (i) forwarded from the individual making the contribution to the candidate or committee by another person; or (ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. (B) Other definitions In subparagraph (A)— (i) the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and (ii) a contribution is not made at the request, suggestion, or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. . (3) Conforming amendments (A) Section 9032(4) of such Code is amended by striking section 9034(a) and inserting section 9034 . (B) Section 9033(b)(3) of such Code is amended by striking matching contributions and inserting matchable contributions . (b) Modification of payment limitation Section 9034(b) of such Code is amended— (1) by striking The total and inserting the following: (1) In general The total ; (2) by striking shall not exceed and all that follows and inserting shall not exceed $250,000,000. ; and (3) by adding at the end the following new paragraph: (2) Inflation adjustment (A) In general In the case of any applicable period beginning after 2029, the dollar amount in paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2028 for calendar year 1992 in subparagraph (B) thereof. (B) Applicable period For purposes of this paragraph, the term applicable period means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. (C) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . 762. Eligibility requirements for matching payments (a) Amount of aggregate contributions per State; disregarding of amounts contributed in excess of $200 Section 9033(b)(3) of the Internal Revenue Code of 1986 is amended— (1) by striking $5,000 and inserting $25,000 ; and (2) by striking 20 States and inserting the following: 20 States (disregarding any amount of contributions from any such resident to the extent that the total of the amounts contributed by such resident for the election exceeds $200) . (b) Contribution limit (1) In general Paragraph (4) of section 9033(b) of such Code is amended to read as follows: (4) the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for election to the office of President of the United States in excess of $1,000 for the election. . (2) Conforming amendments (A) Section 9033(b) of such Code is amended by adding at the end the following new flush sentence: For purposes of paragraph (4), the term contribution has the meaning given such term in section 301(8) of the Federal Election Campaign Act of 1971. . (B) Section 9032(4) of such Code, as amended by section 761(a)(3)(A), is amended by inserting or 9033(b) after 9034 . (c) Participation in system for payments for general election Section 9033(b) of such Code is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting , and ; and (3) by inserting after paragraph (4) the following new paragraph: (5) if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter 95. . (d) Prohibition on joint fundraising committees Section 9033(b) of such Code, as amended by subsection (c), is amended— (1) by striking and at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ; and ; and (3) by inserting after paragraph (5) the following new paragraph: (6) the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate, except that the candidate established a joint fundraising committee with respect to a prior election for which the candidate was not eligible to receive payments under section 9037 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of this paragraph so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is eligible to receive payments under such section. . 763. Repeal of expenditure limitations (a) In general Subsection (a) of section 9035 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Personal expenditure limitation No candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000. . (b) Conforming amendment Paragraph (1) of section 9033(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) the candidate will comply with the personal expenditure limitation under section 9035, . 764. Period of availability of matching payments Section 9032(6) of the Internal Revenue Code of 1986 is amended by striking the beginning of the calendar year in which a general election for the office of President of the United States will be held and inserting the date that is 6 months prior to the date of the earliest State primary election . 765. Examination and audits of matchable contributions Section 9038(a) of the Internal Revenue Code of 1986 is amended by inserting and matchable contributions accepted by after qualified campaign expenses of . 766. Modification to limitation on contributions for Presidential primary candidates Section 315(a)(6) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(6) ) is amended by striking calendar year and inserting four-year election cycle . 767. Use of Freedom From Influence Fund as source of payments (a) In general Chapter 96 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9043. Use of Freedom From Influence Fund as source of payments (a) In general Effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made to candidates under this chapter shall be made from the Freedom From Influence Fund established under section 502 of the Federal Election Campaign Act of 1971 (hereafter in this section referred to as the Fund ) and any reference in this chapter to the matching payment account shall be considered to be a reference to the Fund. (b) Mandatory reduction of payments in case of insufficient amounts in Fund (1) Advance audits by Commission Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall— (A) audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971, the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and (B) submit a report to Congress describing the results of the audit. (2) Reductions in amount of payments (A) Automatic reduction on pro rata basis If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. (B) Restoration of reductions in case of availability of sufficient funds during election cycle If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). (C) No use of amounts from other sources In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. (3) No effect on amounts transferred for pediatric research initiative This section does not apply to the transfer of funds under section 9008(i). (4) Presidential election cycle defined In this section, the term Presidential election cycle means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election. . (b) Conforming amendments Section 9037(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: No amount shall be transferred under this subsection with respect to any Presidential election held after 2024, and any amounts remaining in such account after payments for such election are made shall be transferred to the Freedom from Influence Fund under section 502 of the Federal Election Campaign Act of 1971. (c) Clerical amendment The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9043. Use of Freedom From Influence Fund as source of payments. . B General Elections 771. Modification of eligibility requirements for public financing Subsection (a) of section 9003 of the Internal Revenue Code of 1986 is amended to read as follows: (a) In general In order to be eligible to receive any payments under section 9006, the candidates of a political party in a Presidential election shall meet the following requirements: (1) Participation in primary payment system The candidate for President received payments under chapter 96 for the campaign for nomination for election to be President. (2) Agreements with Commission The candidates, in writing— (A) agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such candidates, (B) agree to keep and furnish to the Commission such records, books, and other information as it may request, and (C) agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under such section. (3) Prohibition on joint fundraising committees (A) Prohibition The candidates certifies in writing that the candidates will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (B) Status of existing committees for prior elections If a candidate established a joint fundraising committee described in subparagraph (A) with respect to a prior election for which the candidate was not eligible to receive payments under section 9006 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of subparagraph (A) so long as that joint fundraising committee does not receive any contributions or make any disbursements with respect to the election for which the candidate is eligible to receive payments under section 9006. . 772. Repeal of expenditure limitations and use of qualified campaign contributions (a) Use of qualified campaign contributions without expenditure limits; application of same requirements for major, minor, and new parties Section 9003 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (c) and inserting the following: (b) Use of Qualified Campaign Contributions To Defray Expenses (1) In general In order to be eligible to receive any payments under section 9006, the candidates of a party in a Presidential election shall certify to the Commission, under penalty of perjury, that— (A) such candidates and their authorized committees have not and will not accept any contributions to defray qualified campaign expenses other than— (i) qualified campaign contributions, and (ii) contributions to the extent necessary to make up any deficiency payments received out of the fund on account of the application of section 9006(c), and (B) such candidates and their authorized committees have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2) Timing of certification The candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection (a)(3). . (b) Definition of qualified campaign contribution Section 9002 of such Code is amended by adding at the end the following new paragraph: (13) Qualified campaign contribution The term qualified campaign contribution means, with respect to any election for the office of President of the United States, a contribution from an individual to a candidate or an authorized committee of a candidate which— (A) does not exceed $1,000 for the election; and (B) with respect to which the candidate has certified in writing that— (i) the individual making such contribution has not made aggregate contributions (including such qualified contribution) to such candidate and the authorized committees of such candidate in excess of the amount described in subparagraph (A), and (ii) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such qualified contribution) aggregating more than the amount described in subparagraph (A) with respect to such election. . (c) Conforming amendments (1) Repeal of expenditure limits (A) In general Section 315 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116 ) is amended by striking subsection (b). (B) Conforming amendments Section 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (i) in paragraph (1)(B)(i), by striking , (b) ; and (ii) in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (d) . (2) Repeal of repayment requirement (A) In general Section 9007(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (B) Conforming amendment Paragraph (2) of section 9007(b) of such Code, as redesignated by subparagraph (A), is amended— (i) by striking a major party and inserting a party ; (ii) by inserting qualified contributions and after contributions (other than ; and (iii) by striking (other than qualified campaign expenses with respect to which payment is required under paragraph (2)) . (3) Criminal penalties (A) Repeal of penalty for excess expenses Section 9012 of the Internal Revenue Code of 1986 is amended by striking subsection (a). (B) Penalty for acceptance of disallowed contributions; application of same penalty for candidates of major, minor, and new parties Subsection (b) of section 9012 of such Code is amended to read as follows: (b) Contributions (1) Acceptance of disallowed contributions It shall be unlawful for an eligible candidate of a party in a Presidential election or any of his authorized committees knowingly and willfully to accept— (A) any contribution other than a qualified campaign contribution to defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c); or (B) any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2) Penalty Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both. . 773. Matching payments and other modifications to payment amounts (a) In general (1) Amount of payments; application of same amount for candidates of major, minor, and new parties Subsection (a) of section 9004 of the Internal Revenue Code of 1986 is amended to read as follows: (a) In general Subject to the provisions of this chapter, the eligible candidates of a party in a Presidential election shall be entitled to equal payment under section 9006 in an amount equal to 600 percent of the amount of each matchable contribution received by such candidate or by the candidate’s authorized committees (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200), except that total amount to which a candidate is entitled under this paragraph shall not exceed $250,000,000. . (2) Repeal of separate limitations for candidates of minor and new parties; inflation adjustment Subsection (b) of section 9004 of such Code is amended to read as follows: (b) Inflation adjustment (1) In general In the case of any applicable period beginning after 2029, the $250,000,000 dollar amount in subsection (a) shall be increased by an amount equal to— (A) such dollar amount; multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2028 for calendar year 1992 in subparagraph (B) thereof. (2) Applicable period For purposes of this subsection, the term applicable period means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. (3) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. . (3) Conforming amendment Section 9005(a) of such Code is amended by adding at the end the following new sentence: The Commission shall make such additional certifications as may be necessary to receive payments under section 9004. . (b) Matchable contribution Section 9002 of such Code, as amended by section 772(b), is amended by adding at the end the following new paragraph: (14) Matchable contribution The term matchable contribution means, with respect to the election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— (A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; (B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A) with respect to such election; and (C) such contribution was a direct contribution (as defined in section 9034(c)(3)). . 774. Increase in limit on coordinated party expenditures (a) In general Section 315(d)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d)(2) ) is amended to read as follows: (2) (A) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds $100,000,000. (B) For purposes of this paragraph— (i) any expenditure made by or on behalf of a national committee of a political party and in connection with a Presidential election shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party; and (ii) any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party if any portion of the communication is in connection with such election. (C) Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. . (b) Conforming Amendments Relating to Timing of Cost-of-Living Adjustment (1) In general Section 315(c)(1) of such Act ( 52 U.S.C. 30116(c)(1) ) is amended— (A) in subparagraph (B), by striking (d) and inserting (d)(2) ; and (B) by adding at the end the following new subparagraph: (D) In any calendar year after 2028— (i) the dollar amount in subsection (d)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) the amount so increased shall remain in effect for the calendar year; and (iii) if the amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. . (2) Base year Section 315(c)(2)(B) of such Act ( 52 U.S.C. 30116(c)(2)(B) ) is amended— (A) in clause (i)— (i) by striking (d) and inserting (d)(3) ; and (ii) by striking and at the end; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iii) for purposes of subsection (d)(2), calendar year 2027. . 775. Establishment of uniform date for release of payments (a) Date for payments (1) In general Section 9006(b) of the Internal Revenue Code of 1986 is amended to read as follows: (b) Payments from the Fund If the Secretary of the Treasury receives a certification from the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary shall pay to such candidates out of the fund the amount certified by the Commission on the later of— (1) the last Friday occurring before the first Monday in September; or (2) 24 hours after receiving the certifications for the eligible candidates of all major political parties. Amounts paid to any such candidates shall be under the control of such candidates. . (2) Conforming Amendment The first sentence of section 9006(c) of such Code is amended by striking the time of a certification by the Commission under section 9005 for payment and inserting the time of making a payment under subsection (b) . (b) Time for certification Section 9005(a) of the Internal Revenue Code of 1986 is amended by striking 10 days and inserting 24 hours . 776. Amounts in Presidential Election Campaign Fund Section 9006(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: In making a determination of whether there are insufficient moneys in the fund for purposes of the previous sentence, the Secretary shall take into account in determining the balance of the fund for a Presidential election year the Secretary’s best estimate of the amount of moneys which will be deposited into the fund during the year, except that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund during the previous 3 years. . 777. Use of general election payments for general election legal and accounting compliance Section 9002(11) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: For purposes of subparagraph (A), an expense incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the election of such candidate. . 778. Use of Freedom From Influence Fund as source of payments (a) In general Chapter 95 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9013. Use of Freedom From Influence Fund as source of payments (a) In general Effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, the Secretary of the Treasury shall transfer from the Freedom From Influence Fund established under section 502 of the Federal Election Campaign Act of 1971 to the Presidential Election Campaign Fund such additional amounts as are necessary to make payments pursuant to sections 9006(b) and 9008(j). (b) Mandatory reduction of amount transferred in case of insufficient amounts in Fund (1) Advance audits by Commission Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall— (A) audit the Freedom From Influence Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 and then making payments to candidates under chapter 96, the amounts remaining in the Freedom From Influence Fund (in addition to amounts otherwise available in the Presidential Election Campaign Fund under section 9006(a)) will be sufficient to make payments under this chapter in the amounts provided under this chapter during such election cycle; and (B) submit a report to Congress describing the results of the audit. (2) Reductions in amount transferred (A) Automatic reduction If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Freedom From Influence Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements to payments under this chapter for such cycle, the Commission shall reduce the amount transferred under subsection (a) to ensure that the aggregate amount transferred with respect to the cycle will not exceed the amount anticipated to be available for making such payments with respect to such cycle. (B) Restoration of reductions in case of availability of sufficient funds during election cycle If, after reducing the amount transferred with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such amounts were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may provide for the transfer with respect to the election cycle of the amount by which such transfer was reduced under subparagraph (A) (or any portion thereof, as the case may be). (C) No use of amounts from other sources In any case in which the Commission determines that there are insufficient moneys in the Freedom From Influence Fund under this paragraph, moneys shall not be made available from any other source for the purpose of transferring funds pursuant to this section. (3) No effect on amounts transferred for pediatric research initiative This section does not apply to the transfer of funds under section 9008(i). (4) Presidential election cycle defined In this section, the term Presidential election cycle means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election. . (b) Conforming amendments Section 9006 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a), by adding at the end the following new sentence: In addition to any amounts transferred to the fund under the preceding provisions of this subsection, with respect to the Presidential election held in 2028 and each succeeding Presidential election, the Secretary of the Treasury shall make transfers to the fund as described in section 9013. ; and (2) in subsection (c), as amended by section 776, in the third sentence, by striking 9037(b) and inserting 9008(j) . (c) Clerical amendment The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9013. Use of Freedom From Influence Fund as source of payments. . C Presidential nominating conventions 779. Payments for Presidential nominating conventions (a) In general Section 9008 of the Internal Revenue Code of 1986 is amended— (1) in subsection (i)— (A) in paragraph (1) by striking the entitlement and inserting subject to subsection (j), the entitlement ; (B) in paragraph (2), by striking maintained for and all that follows through under this section ; and (2) by adding at the end the following new subsection: (j) Reestablishment of payments (1) In general Notwithstanding subsection (i)(1), effective with respect to nominating conventions for the Presidential election held in 2028 and each succeeding Presidential election, a major party or minor party shall be entitled to a payment under this section. (2) Establishment of accounts The Secretary shall maintain in the fund, in addition to any account which the Secretary maintains under section 9006(a) or subsection (a), a separate account for the national committee of each major party and minor party. The Secretary shall deposit in each such account an amount equal to the amount which each such committee may receive under subsection (b). Such deposits shall be drawn from amounts transferred under section 9013(a) and shall be made before any transfer is made to any account for any eligible candidate under section 9006(a). . (b) Reports by Federal Election Commission Section 9009(a) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (4) the expenses incurred by the national committee of a major party or minor party with respect to a presidential nominating convention; (5) the amounts certified by it under section 9008(g) for payment to each such committee; and (6) the amount of payments, if any, required from such committees under section 9008(h), and the reasons for such payment. . (c) Penalties Section 9012 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)(1), by inserting the following after the first sentence: It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to incur expenses with respect to a presidential nominating convention in excess of the expenditure limitation applicable with respect to such committee under section 9008(d) or for any host committee knowingly and willfully to incur such expenses in excess of such expenditure limitation, unless the incurring of such expenses is authorized by the Commission under section 9008(d)(3). ; (2) in subsection (c), by redesignating paragraph (2) as paragraph (3) and inserting the following after paragraph (1): (3) It shall be unlawful for the national committee of a major party or minor party which receives any payment under section 9008(b)(3) to use, or authorize the use of, such payment for any purpose other than a purpose authorized by section 9008(c). ; (3) in subsection (e)(1), by adding at the end the following new sentence: It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to give or accept any kickback or any illegal payments in connection with any expense incurred by such committee with respect to a presidential nominating convention. ; and (4) in subsection (e)(3), by inserting , or in connection with any expense incurred by the national committee of a major party or minor party with respect to a presidential nominating convention after or their authorized committees . (d) Conforming amendments Section 9008 of the Internal Revenue Code of 1986 is amended— (1) in subsection (a)— (A) in the first sentence, by striking national committee of each major party and minor party and inserting amounts transferred under subsection (i)(2) ; (B) in the second sentence, by striking each such account and all that follows through may receive and inserting such account an amount equal to the aggregate amount that the national committee of each major party and minor party is entitled to receive under subsection (b) ; (2) in subsection (b)(3), by striking subsection (a) and inserting subsection (j) ; and (3) in subsection (i)(2), by striking all amounts and all that follows through minor party and inserting all amounts in the account established under subsection (a) . (e) Clarification regarding amounts for pediatric research initiative Nothing in the provisions of, or amendments made by, this section shall affect amounts transferred to the 10-Year Pediatric Research Initiative Fund pursuant to section 9008(i)(2) of the Internal Revenue Code of 1986. D Effective Date 779A. Effective date (a) In general Except as otherwise provided, this part and the amendments made by this part shall apply with respect to the Presidential election held in 2028 and each succeeding Presidential election, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (b). (b) Deadline for regulations Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. D Enhancing FEC Enforcement 781. Membership of Federal Election Commission (a) Reduction in Number of Members; Removal of Secretary of Senate and Clerk of House as Ex Officio Members (1) In general; quorum Section 306(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(1) ) is amended by striking the second and third sentences and inserting the following: The Commission is composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom no more than 2 may be affiliated with the same political party. A member shall be treated as affiliated with a political party if the member was affiliated, including as a registered voter, employee, consultant, donor, officer, or attorney, with such political party or any of its candidates or elected public officials at any time during the 5-year period ending on the date on which such individual is nominated to be a member of the Commission. A majority of the number of members of the Commission who are serving at the time shall constitute a quorum, except that 3 members shall constitute a quorum if there are 4 members serving at the time. . (2) Conforming amendments relating to reduction in number of members (A) The second sentence of section 306(c) of such Act ( 52 U.S.C. 30106(c) ) is amended by striking affirmative vote of 4 members of the Commission and inserting affirmative vote of a majority of the members of the Commission who are serving at the time . (B) Such Act is further amended by striking affirmative vote of 4 of its members and inserting affirmative vote of a majority of the members of the Commission who are serving at the time each place it appears in the following sections: (i) Section 309(a)(2) ( 52 U.S.C. 30109(a)(2) ). (ii) Section 309(a)(4)(A)(i) ( 52 U.S.C. 30109(a)(4)(A)(i) ). (iii) Section 309(a)(5)(C) ( 52 U.S.C. 30109(a)(5)(C) ). (iv) Section 309(a)(6)(A) ( 52 U.S.C. 30109(a)(6)(A) ). (v) Section 311(b) ( 52 U.S.C. 30111(b) ). (3) Conforming amendment relating to removal of ex officio members Section 306(a) of such Act ( 52 U.S.C. 30106(a) ) is amended by striking (other than the Secretary of the Senate and the Clerk of the House of Representatives) each place it appears in paragraphs (4) and (5). (b) Terms of Service Section 306(a)(2) of such Act ( 52 U.S.C. 30106(a)(2) ) is amended to read as follows: (2) Terms of service (A) In general Each member of the Commission shall serve for a single term of 6 years. (B) Special rule for initial appointments Of the members first appointed to serve terms that begin in January 2022, the President shall designate 2 to serve for a 3-year term. (C) No reappointment permitted An individual who served a term as a member of the Commission may not serve for an additional term, except that— (i) an individual who served a 3-year term under subparagraph (B) may also be appointed to serve a 6-year term under subparagraph (A); and (ii) for purposes of this subparagraph, an individual who is appointed to fill a vacancy under subparagraph (D) shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than 50 percent of the period of the term. (D) Vacancies Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. Except as provided in subparagraph (C), an individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. (E) Limitation on service after expiration of term A member of the Commission may continue to serve on the Commission after the expiration of the member’s term for an additional period, but only until the earlier of— (i) the date on which the member’s successor has taken office as a member of the Commission; or (ii) the expiration of the 1-year period that begins on the last day of the member’s term. . (c) Qualifications Section 306(a)(3) of such Act ( 52 U.S.C. 30106(a)(3) ) is amended to read as follows: (3) Qualifications (A) In general The President may select an individual for service as a member of the Commission if the individual has experience in election law and has a demonstrated record of integrity, impartiality, and good judgment. (B) Assistance of Blue Ribbon Advisory Panel (i) In general Prior to the regularly scheduled expiration of the term of a member of the Commission and upon the occurrence of a vacancy in the membership of the Commission prior to the expiration of a term, the President shall convene a Blue Ribbon Advisory Panel, that includes individuals representing each major political party and individuals who are independent of a political party and that consists of an odd number of individuals selected by the President from retired Federal judges, former law enforcement officials, or individuals with experience in election law, except that the President may not select any individual to serve on the panel who holds any public office at the time of selection. The President shall also make reasonable efforts to encourage racial, ethnic, and gender diversity on the panel. (ii) Recommendations With respect to each member of the Commission whose term is expiring or each vacancy in the membership of the Commission (as the case may be), the Blue Ribbon Advisory Panel shall recommend to the President at least one but not more than 3 individuals for nomination for appointment as a member of the Commission. (iii) Publication At the time the President submits to the Senate the nominations for individuals to be appointed as members of the Commission, the President shall publish the Blue Ribbon Advisory Panel’s recommendations for such nominations. (iv) Exemption from Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a Blue Ribbon Advisory Panel convened under this subparagraph. (C) Prohibiting engagement with other business or employment during service A member of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment. . 782. Assignment of powers to Chair of Federal Election Commission (a) Appointment of Chair by President (1) In general Section 306(a)(5) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(5) ) is amended to read as follows: (5) Chair (A) Initial appointment Of the members first appointed to serve terms that begin in January 2022, one such member (as designated by the President at the time the President submits nominations to the Senate) shall serve as Chair of the Commission. (B) Subsequent appointments Any individual who is appointed to succeed the member who serves as Chair of the Commission for the term beginning in January 2022 (as well as any individual who is appointed to fill a vacancy if such member does not serve a full term as Chair) shall serve as Chair of the Commission. (C) Vice Chair The Commission shall select, by majority vote of its members, one of its members to serve as Vice Chair, who shall act as Chair in the absence or disability of the Chair or in the event of a vacancy in the position of Chair. . (2) Conforming amendment Section 309(a)(2) of such Act ( 52 U.S.C. 30109(a)(2) ) is amended by striking through its chairman or vice chairman and inserting through the Chair . (b) Powers (1) Assignment of certain powers to Chair Section 307(a) of such Act ( 52 U.S.C. 30107(a) ) is amended to read as follows: (a) Distribution of Powers Between Chair and Commission (1) Powers assigned to Chair (A) Administrative powers The Chair of the Commission shall be the chief administrative officer of the Commission and shall have the authority to administer the Commission and its staff, and (in consultation with the other members of the Commission) shall have the power— (i) to appoint and remove the staff director of the Commission; (ii) to request the assistance (including personnel and facilities) of other agencies and departments of the United States, whose heads may make such assistance available to the Commission with or without reimbursement; and (iii) to prepare and establish the budget of the Commission and to make budget requests to the President, the Director of the Office of Management and Budget, and Congress. (B) Other powers The Chair of the Commission shall have the power— (i) to appoint and remove the general counsel of the Commission with the concurrence of at least 2 other members of the Commission; (ii) to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Chair may prescribe; (iii) to administer oaths or affirmations; (iv) to require by subpoena, signed by the Chair, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; (v) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Chair, and shall have the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under clause (iv); and (vi) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (2) Powers assigned to Commission The Commission shall have the power— (A) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 309(a)(8) of this Act) or appeal (including a proceeding before the Supreme Court on certiorari) any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986, through its general counsel; (B) to render advisory opinions under section 308 of this Act; (C) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986; (D) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities; and (E) to transmit to the President and Congress not later than June 1 of each year a report which states in detail the activities of the Commission in carrying out its duties under this Act, and which includes any recommendations for any legislative or other action the Commission considers appropriate. (3) Permitting Commission to exercise other powers of Chair With respect to any investigation, action, or proceeding, the Commission, by an affirmative vote of a majority of the members who are serving at the time, may exercise any of the powers of the Chair described in paragraph (1)(B). . (2) Conforming amendments relating to personnel authority Section 306(f) of such Act ( 52 U.S.C. 30106(f) ) is amended— (A) by amending the first sentence of paragraph (1) to read as follows: The Commission shall have a staff director who shall be appointed by the Chair of the Commission in consultation with the other members and a general counsel who shall be appointed by the Chair with the concurrence of at least two other members. ; (B) in paragraph (2), by striking With the approval of the Commission and inserting With the approval of the Chair of the Commission ; and (C) by striking paragraph (3). (3) Conforming amendment relating to budget submission Section 307(d)(1) of such Act ( 52 U.S.C. 30107(d)(1) ) is amended by striking the Commission submits any budget and inserting the Chair (or, pursuant to subsection (a)(3), the Commission) submits any budget . (4) Other conforming amendments Section 306(c) of such Act ( 52 U.S.C. 30106(c) ) is amended by striking All decisions and inserting Subject to section 307(a), all decisions . (5) Technical amendment The heading of section 307 of such Act ( 52 U.S.C. 30107 ) is amended by striking the commission and inserting the chair and the commission . 783. Revision to enforcement process (a) Standard for initiating investigations and determining whether violations have occurred (1) Revision of standards Section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by striking paragraphs (2) and (3) and inserting the following: (2) (A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. (B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. (3) (A) Upon completion of an investigation under paragraph (2), the general counsel shall promptly submit to the Commission the general counsel’s recommendation that the Commission find either that there is probable cause or that there is not probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall include with the recommendation a brief stating the position of the general counsel on the legal and factual issues of the case. (B) At the time the general counsel submits to the Commission the recommendation under subparagraph (A), the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. (C) Not later than 30 days after the general counsel submits the recommendation to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), not later than 30 days after the general counsel submits the respondent’s brief to the Commission under such subparagraph), the Commission shall approve or disapprove the recommendation by vote of a majority of the members of the Commission who are serving at the time. . (2) Conforming amendment relating to Initial response to filing of complaint Section 309(a)(1) of such Act ( 52 U.S.C. 30109(a)(1) ) is amended— (A) in the third sentence, by striking the Commission and inserting the general counsel ; and (B) by amending the fourth sentence to read as follows: Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint. . (b) Revision of standard for review of dismissal of complaints (1) In general Section 309(a)(8) of such Act ( 52 U.S.C. 30109(a)(8) ) is amended to read as follows: (8) (A) (i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party or finding either no reason to believe a violation has occurred or no probable cause a violation has occurred may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. (B) (i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within 180 days after the filing of the complaint, to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur, may file a petition with the United States District Court for the District of Columbia. (ii) In any proceeding under this subparagraph, the court shall treat the failure to act on the complaint as a dismissal of the complaint, and shall determine by de novo review whether the agency’s failure to act on the complaint is contrary to law. (C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint. . (2) Effective date The amendments made by paragraph (1) shall apply— (A) in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act. 784. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests (a) In general Section 308 of such Act ( 52 U.S.C. 30108 ) is amended by adding at the end the following new subsection: (e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request. . (b) Effective da te The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act. 785. Permanent extension of administrative penalty authority (a) Extension of authority Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ), as amended by Public Law 115–386 , is amended by striking , and that end on or before December 31, 2023 . (b) Effective date The amendment made by subsection (a) shall take effect on December 31, 2018. 786. Requiring forms to permit use of accent marks (a) Requirement Section 311(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30111(a)(1) ) is amended by striking the semicolon at the end and inserting the following: , and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person’s identification; . (b) Effective date The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act. 787. Restrictions on ex parte communications Section 306(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(e) ) is amended— (1) by striking (e) The Commission and inserting (e)(1) The Commission ; and (2) by adding at the end the following new paragraph: (2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph. . 788. Clarifying authority of FEC attorneys to represent FEC in Supreme Court (a) Clarifying authority Section 306(f)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(f)(4) ) is amended by striking any action instituted under this Act, either (A) by attorneys and inserting any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys . (b) Effective date The amendment made by paragraph (1) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act. 789. Effective date; transition (a) In General Except as otherwise provided, the amendments made by this subtitle shall apply beginning January 1, 2022. (b) Transition (1) Termination of service of current members Notwithstanding any provision of the Federal Election Campaign Act of 1971, the term of any individual serving as a member of the Federal Election Commission as of December 31, 2021, shall expire on that date. (2) No effect on existing cases or proceedings Nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to December 31, 2021, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. E Miscellaneous 791. Comptroller general report and briefing on campaign donations by nominees before the Senate (a) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall— (1) submit to the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives a report on contributions made to Members of the Senate by individuals under consideration for Senate-confirmed positions, including judicial nominees; and (2) provide a briefing to such committees on such contributions. (b) Contents of report The report submitted under subsection (a)(1) shall include— (1) a review of the frequency and amount of such contributions made to Members of the Senate by such individuals, both directly and through political committees and other vehicles with substantial connections to the individual or the Member, over the past 5 legislative sessions, and identify the frequency of incidents in which such an individual made such a contribution to a Member of the Senate and was then considered or supported by that Member for a judicial nomination or other Senate-confirmed position; and (2) recommendations for such legislative and administrative action as the Comptroller General determines appropriate to reduce any undue influence such contributions might exert upon the constitutional advice and consent processes of the Senate. (c) Definitions In this section, the terms contribution and political committee have the meaning given those terms in section 301 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 ). 792. Effective date Except as otherwise provided in this title, the provisions of, and amendments made by, this title shall take effect on the date that is one year after the date of enactment of this Act, and shall apply with respect to elections for Federal office occurring on or after such date, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. 793. Severability If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. | https://www.govinfo.gov/content/pkg/BILLS-117s5315is/xml/BILLS-117s5315is.xml |
117-s-5316 | II 117th CONGRESS 2d Session S. 5316 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Lee (for himself and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To protect access to kratom.
1. Short title This Act may be cited as the Federal Clarity for Kratom Consumers Act . 2. Access to kratom (a) Openness in research (1) In general During the period that begins 30 days after the date of enactment of this Act and ends 90 days after such date of enactment, the Secretary, acting through the Commissioner, shall hold at least one hearing that provides an open forum for the discussion on the current scientific data and information about safety and use of products containing kratom or kratom-derived products marketed as a food, dietary ingredient, or dietary supplement. (2) Hearing requirements The hearing under paragraph (1) shall— (A) include input from leading scientific researchers on kratom and kratom-derived products; and (B) consider— (i) how many individuals in the United States consume kratom and kratom-derived products; (ii) the scope, scale, and degree of dependence or addiction associated with kratom, mitragynine, and 7–hydroxymitragynine; (iii) the causality of deaths in which kratom or kratom-derived products are associated, including instances in which— (I) a kratom-containing product or kratom-derived product was consumed together with legal or illegal drugs; or (II) the kratom-containing product or kratom-derived product consumed was contaminated with a different non-drug adulterant known to endanger health; (iv) whether use of kratom or kratom-derived products is directly linked to the use of more dangerous scheduled substances; (v) any adverse health impacts that could be expected if kratom or kratom-derived were no longer available; and (vi) the potential health and wellness benefits of kratom and kratom-derived products. (3) Public docket Not later than 30 days after the date of enactment of this Act, the Secretary shall open a public docket for submission of public comments for consideration at the hearing under paragraph (1). The Secretary shall leave such public docket open for comments for not fewer than 30 days before the hearing takes place. (4) Publication of information The Secretary shall publish on the website of the Food and Drug Administration the transcripts of all hearings conducted pursuant to paragraph (1), subject to section 552(b) of title 5, United States Code. (b) Task force (1) Establishment Not later than 30 days after the date of enactment of this Act, the Secretary shall convene a task force, to be known as the Kratom Research Task Force , to coordinate kratom-related research conducted or supported by the Federal Government. (2) Reports on kratom research (A) Initial report Not later than 90 days after the date of enactment of this Act, the Kratom Research Task Force shall submit to Congress, the Secretary, and the Commissioner a report that details all federally funded kratom-related research that has begun or been completed prior to such date of enactment. (B) Subsequent quarterly reports Not later than 90 days after submission of the report under subparagraph (A), and quarterly thereafter, the Kratom Research Task Force shall submit to Congress, the Secretary, and the Commissioner a report that includes— (i) a progress report on all federally funded kratom-related research and findings made during the applicable quarter; and (ii) an analysis of the results of all such research. (3) Public meetings The Kratom Research Task Force shall convene public meetings with appropriate experts and stakeholders to increase public awareness concerning the current state of kratom-related research. (4) Publicly available information The Secretary shall— (A) publish the report submitted under paragraph (2)(A) on the website of the Food and Drug Administration; and (B) update such website in accordance with the quarterly reports submitted under paragraph (2)(B), upon receipt of each such report. (5) Termination of task force On the date that is 2 years after the initial report is submitted by the Kratom Research Task Force under paragraph (2)(A), such task force shall be terminated. (c) Protection of kratom from current regulations The Secretary shall not— (1) impose requirements on kratom or kratom-derived products that are more restrictive than the requirements for food, dietary supplements, and dietary ingredients that apply under The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ); (2) treat kratom, or any product derived from or containing kratom, as an adulterated dietary supplement— (A) for containing a new dietary ingredient as described in subparagraph (B) of section 402(f)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(f)(1) ); or (B) pursuant to subparagraph (C) of such section 402(f)(1); or (3) require kratom to undergo requirements for notification as a new dietary ingredient under section 413 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350b ). (d) Protection from future administrative action (1) In general Any rulemaking the Secretary initiates to regulate kratom shall— (A) comply with formal rulemaking requirements under section 552(a) of title 5, United States Code; and (B) require public, in-person hearings. (2) Publication of information The Secretary shall publish on the website of the Food and Drug Administration the transcripts of all hearings conducted pursuant to paragraph (1)(B), subject to section 552(b) of title 5, United States Code. (e) Import alert requirements The Secretary may not issue, implement, or enforce an import alert for a kratom or kratom-derived product unless the Secretary determines that there is a history of such kratom or kratom-derived product being adulterated as described in section 402(f)(1)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 342(f)(1)(A) ), or evidence that such kratom or kratom-derived product is adulterated as described in such section. (f) Nonpreemption Nothing in this section shall preempt any State law. (g) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Health and Human Services. (2) Commissioner The term Commissioner means the Commissioner of Food and Drugs. (3) Dietary supplement The term dietary supplement has the meaning given such term in section 201(ff) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff) ). (4) Dietary ingredient The term dietary ingredient means a dietary ingredient as such term is used in section 201(ff)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(ff)(1) ). (5) Food The term food has the meaning given such term in section 201(f) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(f) ). (6) Kratom The term kratom means the botanical Mitragyna speciosa. (7) New dietary ingredient The term new dietary ingredient has the meaning given such term in section 413(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 350b(d) ). | https://www.govinfo.gov/content/pkg/BILLS-117s5316is/xml/BILLS-117s5316is.xml |
117-s-5317 | II 117th CONGRESS 2d Session S. 5317 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Risch (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To promote democracy in Venezuela, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Venezuelan Democracy Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Statement of policy. Sec. 3. Appropriate congressional committees defined. TITLE I—Determinations of a transition government or democratically elected government in Venezuela Sec. 101. Determinations of a transition government or democratically elected government in Venezuela. TITLE II—Promoting democratic change in Venezuela Sec. 201. United States policy regarding membership of Venezuela in international financial institutions. Sec. 202. United States policy regarding membership of Venezuela in the Organization of American States. Sec. 203. Authorization of support for democratic and human rights groups and international observers. Sec. 204. Support for the people of Venezuela. TITLE III—Sanctions Sec. 301. Definitions. Sec. 302. Blocking international support for a nondemocratic government in Venezuela. Sec. 303. Financial sanctions with respect to debt instruments of Maduro regime. Sec. 304. Sanctions with respect to cryptocurrency of Venezuela and provision of related technologies. Sec. 305. Blocking property of the Government of Venezuela. Sec. 306. Determination with respect to designation of Maduro regime as a terrorist organization. Sec. 307. Suspension and termination of sanctions. Sec. 308. Implementation; penalties. TITLE IV—Assistance to a free and independent Venezuela Sec. 401. Policy toward a transition government and a democratically elected government in Venezuela. Sec. 402. Assistance for the people of Venezuela. Sec. 403. Report on trade and investment relations between the United States and Venezuela. TITLE V—General provisions Sec. 501. Effect of Act on lawful United States Government activities. Sec. 502. Exception relating to importation of goods. 2. Statement of policy It is the policy of the United States— (1) to seek a peaceful transition to democracy and a resumption of economic growth in Venezuela through support for the people of Venezuela and the careful application of sanctions directed at the regime of Nicolàs Maduro and any nondemocratic successor; (2) to seek the cooperation of other democratic countries in supporting a transition described in paragraph (1); (3) to make clear to other countries that, in determining the relations of the United States with those countries, the United States will take into account the willingness of those countries to cooperate in supporting a transition described in paragraph (1); (4) to seek the speedy termination of any remaining military or technical assistance, subsidies, or other forms of assistance to the Maduro regime and any nondemocratic successor from the government of any other country, including the Governments of Cuba, the Islamic Republic of Iran, the Russian Federation, and the People’s Republic of China; (5) to continue to vigorously oppose violations of internationally recognized human rights in Venezuela; (6) to maintain sanctions on the Maduro regime so long as it continues to refuse to move toward democratization and greater respect for internationally recognized human rights; and (7) to be prepared to reduce the sanctions imposed with respect to Venezuela in carefully calibrated ways in response to demonstrable progress toward democratization in Venezuela, including the establishment of a transition government that leads to a democratically elected government in Venezuela. 3. Appropriate congressional committees defined In this Act, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. I Determinations of a transition government or democratically elected government in Venezuela 101. Determinations of a transition government or democratically elected government in Venezuela (a) In general Upon making a determination that a transition government or a democratically elected government is in power in Venezuela, the President shall submit that determination to the appropriate congressional committees. (b) Requirements for determining a transition government is in power in Venezuela (1) In general For the purposes of making a determination under subsection (a), a transition government in Venezuela is a government that— (A) is showing respect for the basic civil liberties and internationally recognized human rights of the citizens of Venezuela; (B) has fully reinstated all members of the National Assembly convened on January 6, 2016, following democratic elections that were held on December 6, 2015; (C) has lifted the order of contempt issued by the Venezuelan Supreme Tribunal of Justice (TSJ) on January 11, 2016, against the National Assembly convened on January 6, 2016, including by restoring all powers of said National Assembly and the immunities for deputies; (D) has ceased to interfere with the functioning of political parties, including by lifting all judicial interventions of political parties has legalized all political activity; (E) has released all political prisoners and allowed for investigations of Venezuelan prisons by appropriate international human rights organizations; (F) has dissolved the General Directorate of Military Counterintelligence, the Special Action Forces (FAES), and the Colectivos; (G) has made public commitments to organizing free and fair elections for a new government— (i) to be held in a timely manner within a period not to exceed 12 months after the transition government assumes power; (ii) with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and (iii) to be conducted under the supervision of observers from the Organization of American States, the United Nations, and other internationally recognized election observers; (H) makes public commitments to and is making demonstrable progress in— (i) establishing an independent judiciary; (ii) respecting internationally recognized human rights and fundamental freedoms as set forth in the Universal Declaration of Human Rights, to which Venezuela is a signatory; and (iii) allowing the establishment of independent social, economic, and political associations; and (I) does not include Nicolàs Maduro or any persons— (i) with respect to which sanctions have been imposed by the Office of Foreign Assets Control; or (ii) sought by the United States Department of Justice. (2) Additional factors In addition to the requirements set forth in paragraph (1), in determining under subsection (a) whether a transition government is in power in Venezuela, the President shall take into account the extent to which that government— (A) has made public commitments to, and is making demonstrable progress in— (i) effectively guaranteeing the rights of free speech and freedom of the press, including granting permits to privately owned media and telecommunications companies to operate in Venezuela; (ii) implementing the recommendations included in the Final Report of the European Union Election Observation Mission to observe the regional and municipal elections on November 21, 2021, in Venezuela; and (iii) assuring the right to private property; (B) is taking genuine efforts to extradite or otherwise render to the United States all persons sought by the United States Department of Justice for crimes committed in the United States; (C) is not providing any support to any group, in any other country, that seeks the violent overthrow of the government of that country; and (D) has permitted the deployment throughout Venezuela of independent and unfettered international human rights monitors. (c) Requirements for determining a democratically elected government is in power in Venezuela For the purposes of making a determination under subsection (a), a democratically elected government in Venezuela is a government that, in addition to meeting the requirements of subsection (b)— (1) results from free and fair elections— (A) conducted under the supervision of internationally recognized election observers; and (B) in which— (i) opposition parties were permitted ample time to organize and campaign for such elections; and (ii) all candidates were permitted full access to the media; (2) is showing respect for the basic civil liberties and internationally recognized human rights of the citizens of Venezuela; (3) is committed to making constitutional changes that would ensure regular free and fair elections and the full enjoyment of basic civil liberties and internationally recognized human rights by the citizens of Venezuela; (4) has made demonstrable progress in establishing an independent judiciary; and (5) has freed all wrongfully detained United States nationals. II Promoting democratic change in Venezuela 201. United States policy regarding membership of Venezuela in international financial institutions (a) In general Except as provided in subsection (b)(1), the Secretary of the Treasury shall instruct the United States executive director of each covered international financial institution to use the voice and vote of the United States to oppose the admission of Venezuela as a member of that institution until the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela. (b) Steps after transition government in power On and after the date on which the President submits to the appropriate congressional committees a determination under section 101(a) that a transition government is in power in Venezuela— (1) the President is encouraged to take steps to support the processing of the application of Venezuela for membership in any covered international financial institution, subject to the membership taking effect after a democratically elected government is in power in Venezuela; and (2) the Secretary of the Treasury is authorized to instruct the United States executive director of each covered international financial institution to support loans or other assistance to Venezuela only to the extent that such loans or assistance contribute to a stable foundation for a democratically elected government in Venezuela. (c) Reduction in United States payments to international financial institutions (1) In general If a covered international financial institution approves a loan or other assistance to the regime of Nicolàs Maduro or any nondemocratic successor government over the opposition of the United States, the Secretary of the Treasury shall withhold from payment to that institution an amount equal to the amount of the loan or other assistance, from either of the following types of payment: (A) The paid-in portion of the increase in capital stock of the institution. (B) The callable portion of the increase in capital stock of the institution. (2) Waiver The President may waive the requirement under paragraph (1) if the President, not later than 10 days before the waiver is to take effect, determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States. The President shall submit with the certification a detailed justification explaining the reasons for the waiver. (d) Covered international financial institution defined In this section, the term covered international financial institution means each of the following: (1) The International Monetary Fund. (2) The International Bank for Reconstruction and Development. (3) The International Development Association. (4) The International Finance Corporation. (5) The Multilateral Investment Guarantee Agency. (6) The Inter-American Development Bank. 202. United States policy regarding membership of Venezuela in the Organization of American States The President shall instruct the United States Permanent Representative to the Organization of American States to use the voice and vote of the United States to oppose any measure that would allow a nondemocratic Government of Venezuela to participate in the Organization until the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela. 203. Authorization of support for democratic and human rights groups and international observers (a) In general Notwithstanding any other provision of law (other than section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ) or any comparable notification requirement contained in any Act making appropriations for the Department of State, foreign operations, and related programs), the President may provide assistance and other support for individuals and independent nongovernmental organizations to support democracy-building efforts in Venezuela, including as described in subsections (b) and (c). (b) Organization of American States emergency fund (1) For support of internationally recognized human rights and free and fair elections The President shall take the necessary steps to encourage the Organization of American States to create a special emergency fund for the explicit purpose of deploying human rights observers and individuals and organizations engaged in election support and election observation in Venezuela. (2) Voluntary contributions for fund The President should provide not less than $5,000,000 of the voluntary contributions of the United States to the Organization of American States solely for the purposes of the special fund referred to in paragraph (1). (c) Action of other member states The President should instruct the United States Permanent Representative to the Organization of American States to encourage other member states of the Organization to join in calling for the Government of Venezuela to allow the immediate deployment of independent human rights monitors of the Organization throughout Venezuela and on-site visits to Venezuela by the Inter-American Commission on Human Rights. (d) Denial of funds to Government of Venezuela In implementing this section, the President shall take all necessary steps to ensure that no funds or other assistance is provided to a nondemocratic Government of Venezuela. 204. Support for the people of Venezuela (a) Provisions of law affected The provisions of this section apply notwithstanding— (1) any other provision of law, including section 620(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2370(a) ); or (2) the exercise of authorities, before the date of the enactment of this Act, under— (A) section 5(b) of the Trading With the Enemy Act ( 50 U.S.C. 4305(b) ); (B) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); or (C) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. ). (b) Donations of food Nothing in this or any other Act shall prohibit donations of food to independent nongovernmental organizations or individuals in Venezuela. (c) Exports of medicines and medical supplies (1) In general Subject to paragraphs (2) and (3), the export of medicines or medical supplies, instruments, or equipment to Venezuela shall not be restricted, except— (A) to the extent such a restriction would be permitted under section 203(b)(2) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b)(2) ); or (B) in a case in which the President determines— (i) there is a reasonable likelihood that the item to be exported will be used for purposes of torture or other abuses of internationally recognized human rights; (ii) the item to be exported could be used in the production or distribution of illicit narcotics or in activities related to illegal mining; or (iii) there is a reasonable likelihood that the item to be exported will be reexported. (2) On-site verifications required (A) In general Except as provided by subparagraph (B), medicines or medical supplies, instruments, or equipment may be exported to Venezuela under paragraph (1) only if the President determines that the United States Government is able to verify, by on-site inspections and other appropriate means, that the item to be exported is to be used for the purposes for which it was intended and only for the use and benefit of the people of Venezuela. (B) Exception Subparagraph (A) does not apply to donations to independent nongovernmental organizations in Venezuela of medicines for humanitarian purposes. (3) Licenses required The export of medicines or medical supplies, instruments, or equipment to Venezuela under paragraph (1) shall be made pursuant to specific licenses issued by the United States Government. (d) Assistance To support democracy in Venezuela The United States Government may provide assistance, through appropriate independent nongovernmental organizations, for the support of individuals and organizations to promote democratic change in Venezuela. III Sanctions 301. Definitions In this title: (1) Entity The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or organization. (2) Government of Venezuela The term Government of Venezuela includes— (A) the state and Government of Venezuela; (B) any political subdivision, agency, or instrumentality thereof, including the Central Bank of Venezuela and Petróleos de Venezuela, S.A.; (C) any person owned or controlled, directly or indirectly, by an entity described in subparagraph (A) or (B); and (D) any person that has acted or purported to act directly or indirectly for or on behalf of, an entity described in subparagraph (A), (B), or (C), including as a member of the regime of Nicolàs Maduro or any nondemocratic successor government in Venezuela. (3) Person The term person means an individual or entity. (4) United States person The term United States person means— (A) a United States citizen or alien lawfully admitted for permanent residence to the United States; (B) any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of any such entity); and (C) any person physically located in the United States. 302. Blocking international support for a nondemocratic government in Venezuela (a) Venezuelan trading partners The President should encourage the governments of countries that conduct trade with Venezuela to restrict their trade and credit relations with Venezuela in a manner consistent with the purposes of this Act. (b) Sanctions against countries assisting a nondemocratic government in Venezuela (1) In general The President may impose the following sanctions with respect to any country that provides assistance to the regime of Nicolàs Maduro or any nondemocratic successor government in Venezuela: (A) The President may determine that the government of such country is not eligible for nonhumanitarian assistance under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) or assistance or sales under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). (B) The President may determine that the country is not eligible, under any program, for forgiveness or reduction of debt owed to the United States Government. (2) Termination This section, and any sanctions imposed pursuant to this section, shall cease to apply at such time as the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela. (c) Definitions In this section: (1) Assistance to Venezuela The term assistance to Venezuela — (A) means assistance to or for the benefit of the Government of Venezuela that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise; (B) includes— (i) subsidies for exports to Venezuela; (ii) favorable tariff treatment of articles that are the growth, product, or manufacture of Venezuela; and (iii) an exchange, reduction, or forgiveness of debt owed by the Government of Venezuela to a foreign country in return for a grant of an equity interest in a property, investment, or operation of the Government of Venezuela (including any agency or instrumentality of the Government of Venezuela) or a national of Venezuela; and (C) does not include— (i) humanitarian assistance, including donations of food, made available to nongovernmental organizations or individuals in Venezuela; or (ii) exports of medicines or medical supplies, instruments, or equipment permitted under section 204(c). (2) Agency or instrumentality of the Government of Venezuela The term agency or instrumentality of the Government of Venezuela has the meaning given the term agency or instrumentality of a foreign state in section 1603(b) of title 28, United States Code, except that each reference in such section to a foreign state shall be deemed to be a reference to the Government of Venezuela . 303. Financial sanctions with respect to debt instruments of Maduro regime (a) Prohibition of certain transactions (1) In general Beginning on the date of the enactment of this Act, all transactions by a United States person or within the United States that relate to, provide financing for, or otherwise deal in debt instruments issued by, for, or on behalf of Petróleos de Venezuela, S.A., or the regime of Nicolàs Maduro or any nondemocratic successor government in Venezuela, are prohibited. (2) Inclusions The prohibition under paragraph (1) includes a prohibition on— (A) entering into any transaction in— (i) debt instruments with a maturity of more than 90 days issued by Petróleos de Venezuela, S.A., on or after the date of the enactment of this Act; (ii) debt instruments with a maturity of more than 30 days or equity issued by the Maduro regime on or after such date of enactment, other than debt instruments issued by Petróleos de Venezuela, S.A., covered by subparagraph (A); (iii) bonds issued by the Maduro regime before such date of enactment; or (iv) dividend payments or other distributions of profits to the Maduro regime from any entity owned or controlled, directly or indirectly, by the Maduro regime; (B) the direct or indirect purchase of securities from the Maduro regime, other than— (i) securities qualifying as debt instruments issued by Petróleos de Venezuela, S.A., covered by paragraph (1)(A); and (ii) securities qualifying as debt instruments issued by the Maduro regime covered by paragraph (1)(B); (C) purchasing any debt owed to the Maduro regime, including accounts receivable; (D) entering into any transaction related to any debt owed to the Maduro regime that is pledged as collateral after May 21, 2018, including accounts receivable; (E) entering into any transaction involving the selling, transferring, assigning, or pledging as collateral by the Maduro regime of any equity interest in any entity in which the Maduro regime has a 50 percent or greater ownership interest; (F) entering into any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions set forth in this subsection; and (G) any conspiracy formed to violate any of the prohibitions set forth in this subsection. (b) Rulemaking (1) In general The Secretary of the Treasury, in consultation with the Secretary of State, may take such actions, including prescribing rules and regulations, as are necessary to implement this section. (2) Delegation The Secretary of the Treasury may redelegate the authority described in paragraph (1) to other officers and agencies of the United States Government. (c) Responsibility of other agencies All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section. 304. Sanctions with respect to cryptocurrency of Venezuela and provision of related technologies (a) Prohibition of certain transactions (1) In general Beginning on the date of the enactment of this Act, the following transactions are prohibited: (A) Any transaction by a United States person or within the United States that relate to, provide financing for, or otherwise deal in any digital currency, digital coin, or digital token, that was issued by, for, or on behalf of the regime of Nicolàs Maduro or any nondemocratic successor government. (B) Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition under subparagraph (A). (C) Any conspiracy formed to violate a prohibition under subparagraph (A) or (B). (2) Applicability The prohibitions under paragraph (1) shall apply— (A) to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this section; and (B) notwithstanding any contract entered into or any license or permit granted before the date of the enactment of this Act. (b) Rulemaking (1) In general The Secretary of the Treasury, in consultation with the Secretary of State, may take such actions, including prescribing rules and regulations, as are necessary to implement this section. (2) Delegation The Secretary of the Treasury may redelegate the authority described in paragraph (1) to other officers and agencies of the United States Government. (c) Responsibility of other agencies All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section. 305. Blocking property of the Government of Venezuela (a) Blocking of property The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of the Government of Venezuela and any person described in subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (b) Persons described A person described in this subsection is any person determined by the Secretary of the Treasury, in consultation with the Secretary of State— (1) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any person— (A) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control; and (B) the property and interests in property of which are blocked pursuant to subsection (a); or (2) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person the property and interests in property of which are blocked pursuant to subsection (a). (c) Prohibitions on evasion and conspiracies (1) Evasion Any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate, the prohibition under subsection (a) is prohibited. (2) Conspiracy Any conspiracy formed to violate the prohibition under subsection (a) is prohibited. (d) Applicability Subsection (a) and the prohibitions under subsection (c) shall apply— (1) to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this section; and (2) notwithstanding any contract entered into or any license or permit granted before the date of the enactment of this Act. (e) Rulemaking (1) In general The Secretary of the Treasury, in consultation with the Secretary of State, may take such actions, including prescribing rules and regulations, as are necessary to implement this section. (2) Delegation The Secretary of the Treasury may redelegate the authority described in paragraph (1) to other officers and agencies of the United States Government. (f) Responsibility of other agencies All agencies of the United States Government shall take all appropriate measures within their authority to carry out the provisions of this section. 306. Determination with respect to designation of Maduro regime as a terrorist organization (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees— (1) a determination with respect to whether the regime of Nicolàs Maduro meets the criteria for designation as— (A) a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or (B) a specially designated global terrorist organization under Executive Order 13224 ( 50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), as amended before, on, or after the date of the enactment of this Act; and (2) if the Secretary determines that the Maduro regime does not meet such criteria, a detailed justification with respect to which of such criteria have not been met. (b) Form The determination required by subsection (a) shall be submitted in unclassified form, but may include classified annex. 307. Suspension and termination of sanctions (a) Authority To suspend sanctions if transition government in power Upon submitting to the appropriate congressional committees a determination under section 101(a) that a transition government is in power in Venezuela, the President, after consultation with Congress, may take steps to suspend the sanctions imposed under this title, to the extent that such steps contribute to a stable foundation for a democratically elected government in Venezuela. (b) Termination of sanctions if democratically elected government in power Upon submitting to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, the President shall take steps to terminate the sanctions imposed under this title. (c) Review of suspension of sanctions (1) Reporting requirements If the President takes action under subsection (a) to suspend the sanctions imposed under this title, the President shall— (A) immediately notify Congress of that action; and (B) submit to Congress, not less frequently than every 180 days thereafter until the President submits to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, a report on the progress being made by Venezuela toward the establishment of a democratically elected government. (2) Congressional review (A) Joint resolution of disapproval defined In this paragraph, the term joint resolution of disapproval means a joint resolution, the sole matter after the resolving clause of which is as follows: That Congress disapproves the action of the President under section 307(a) of the Venezuelan Democracy Act to suspend the sanctions imposed under title II of that Act, notice of which was submitted to the Congress on ____. , with the blank space being filled with the date on which the President notified Congress with respect to the action under paragraph (1)(A). (B) Effect of enactment An action taken by the President under subsection (a) shall cease to be effective upon the enactment of a joint resolution of disapproval with respect to that action. (C) Referral to committees (i) Senate A joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations. (ii) House of Representatives A joint resolution of disapproval introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs. (D) Procedures (i) Senate A joint resolution of disapproval shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 ; 90 Stat. 765). (ii) House of Representatives For the purpose of expediting the consideration and enactment of a joint resolution of disapproval, a motion to proceed to the consideration of such a resolution after it has been reported by the appropriate committee under subparagraph (C) shall be treated as highly privileged in the House of Representatives. (iii) Limitation Not more than one joint resolution of disapproval may be considered in the Senate and the House of Representatives in— (I) the 180-day period beginning on the date on which the President notifies Congress under paragraph (1)(A) with respect to action taken under subsection (a); and (II) each 180-day period thereafter. (E) Rules of House of Representatives and Senate This paragraph is enacted by Congress— (i) 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 (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 308. Implementation; penalties (a) Implementation; penalties (1) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Waiver The President may waive the application of sanctions under this title with respect to a foreign person if the President, not later than 10 days before the waiver is to take effect, determines and certifies to the appropriate congressional committees that such a waiver is in the vital national security interest of the United States. The President shall submit with the certification a detailed justification explaining the reasons for the waiver. IV Assistance to a free and independent Venezuela 401. Policy toward a transition government and a democratically elected government in Venezuela It is the policy of the United States— (1) to support the self-determination of the people of Venezuela; (2) to recognize that the self-determination of the people of Venezuela is a sovereign and national right of the citizens of Venezuela, which must be exercised free of interference by the government of any other country; (3) to encourage the people of Venezuela to empower themselves with a government that reflects the self-determination of the people of Venezuela; (4) to recognize the potential for a difficult transition from the current regime in Venezuela, which may result from the initiatives taken by the people of Venezuela for self-determination in response to the intransigence of the regime of Nicolàs Maduro in not allowing any substantive political or economic reforms; (5) to be prepared to provide the people of Venezuela with humanitarian, developmental, and other economic assistance; (6) in solidarity with the people of Venezuela, to provide appropriate forms of assistance— (A) to a transition government in Venezuela; (B) to facilitate the rapid movement from such a transition government to a democratically elected government in Venezuela, which results from an expression of the self-determination of the people of Venezuela; and (C) to support such a democratically elected government; (7) through such assistance, to facilitate a peaceful transition to representative democracy and a market economy in Venezuela and to consolidate democracy in Venezuela; (8) to deliver such assistance to the people of Venezuela only through— (A) a transition government in Venezuela; (B) a democratically elected government in Venezuela; (C) United States Federal departments and agencies; or (D) United States, international, or appropriate local nongovernmental organizations; (9) to encourage other countries and multilateral organizations to provide similar assistance, and to work cooperatively with such countries and organizations to coordinate such assistance; (10) to ensure that appropriate assistance is rapidly provided and distributed to the people of Venezuela upon the institution of a transition government in Venezuela; (11) not to provide favorable treatment or influence on behalf of any individual or entity in the selection by the people of Venezuela of their future government; (12) to assist a transition government in Venezuela and a democratically elected government in Venezuela to prepare the Venezuelan military forces for an appropriate role in a democracy; (13) to take steps to remove economic and diplomatic sanctions imposed with respect to Venezuelan persons, as appropriate, when the President determines that a transition to a democratically elected government in Venezuela has begun; (14) to assist a democratically elected government in Venezuela to strengthen and stabilize the national currency of Venezuela; and (15) to pursue mutually beneficial trade relations with a free, democratic, and independent Venezuela. 402. Assistance for the people of Venezuela (a) Plans for providing assistance (1) Development of plans (A) In general The President shall develop— (i) a plan for providing assistance to Venezuela under a transition government; and (ii) a plan for providing assistance to Venezuela under a democratically elected government. (B) Strategy for distribution Each plan developed under subparagraph (A) shall include a strategy for distributing assistance under the plan. (2) Types of assistance (A) Transition government (i) In general Except as provided in clause (ii), assistance to Venezuela under a transition government under the plan developed under paragraph (1)(A)(i) shall be limited to— (I) such food, medicine, medical supplies and equipment, and assistance to meet emergency energy needs, as is necessary to meet the basic human needs of the people of Venezuela; and (II) assistance described in subparagraph (C). (ii) Additional assistance Assistance in addition to assistance under clause (i) may be provided to Venezuela under a transition government if the President certifies to the appropriate congressional committees, in accordance with procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ), that such assistance is essential to the successful and timely completion of the transition to democracy. (B) Democratically elected government Assistance to Venezuela under a democratically elected government under the plan developed under paragraph (1)(A)(ii) may include, in addition to assistance available under subparagraphs (A) and (C)— (i) assistance under— (I) chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) (relating to development assistance); and (II) chapter 4 of part II of that Act ( 22 U.S.C. 2346 et seq. ) (relating to the economic support fund); (ii) assistance under the Food for Peace Act ( 7 U.S.C. 1691 et seq. ); (iii) financing, guarantees, and other forms of assistance provided by the Export-Import Bank of the United States; (iv) support provided by the United States International Development Finance Corporation for investment projects in Venezuela; (v) assistance provided by the Trade and Development Agency; (vi) Peace Corps programs; and (vii) other appropriate assistance to carry out the policy set forth in section 401. (C) Military adjustment assistance Assistance to a transition government in Venezuela and to a democratically elected government in Venezuela shall also include assistance in preparing the Venezuelan military forces to adjust to an appropriate role in a democracy. (3) Distribution Assistance under a plan developed under paragraph (1) shall be provided through United States Federal departments and agencies and nongovernmental organizations and private and voluntary organizations, whether within or outside the United States, including humanitarian, educational, labor, and private sector organizations. (4) Communication with people of venezuela The President shall take the necessary steps to communicate to the people of Venezuela the plans for assistance developed under paragraph (1). (5) Report to congress Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report describing in detail the plans developed under paragraph (1). (b) Implementation of plans; reports to congress (1) Implementation with respect to transition government Upon submitting to the appropriate congressional committees a determination under section 101(a) that a transition government is in power in Venezuela, the President shall commence the delivery and distribution of assistance to the transition government under the plan developed under subsection (a)(1)(A)(i). (2) Reports to congress (A) Plan for assistance under transition government The President shall submit to the appropriate congressional committees a report— (i) setting forth the plan developed under subsection (a)(1)(A)(i) for providing assistance to Venezuela under a transition government; and (ii) describing the types of assistance, and the extent to which such assistance has been distributed, in accordance with the plan. (B) Deadlines for submission The President shall submit to the appropriate congressional committees— (i) a preliminary report described in subparagraph (A) not later than 15 days after making the determination described in paragraph (1); and (ii) the final report described in subparagraph (A) not later than 90 days after making that determination. (3) Implementation with respect to democratically elected government Upon submitting to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, the President shall commence the delivery and distribution of assistance to the democratically elected government under the plan developed under subsection (a)(1)(A)(ii). (4) Annual reports to congress Not later than 60 days after the end of each fiscal year, the President shall submit to the appropriate congressional committees a report on the assistance provided under the plans developed under subsection (a), including— (A) a description of each type of assistance and the amounts expended for such assistance during the preceding fiscal year; and (B) a description of the assistance to be provided under the plans in the fiscal year in which the report is submitted. (c) Coordinating official The President shall designate a coordinating official who shall be responsible for— (1) implementing the strategies for distributing assistance described in subsection (a)(1)(B); (2) ensuring the speedy and efficient distribution of such assistance; and (3) ensuring coordination among, and appropriate oversight by, the agencies of the United States that provide assistance described in section 402(a), including resolving any disputes among such agencies. (d) Reprogramming Any changes in the assistance to be provided under a plan developed under subsection (a) may not be made unless the President notifies the appropriate congressional committees at least 15 days in advance in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ). (e) Funding limitation Assistance may be provided under this section only if amounts are authorized to be appropriated, and are appropriated, to provide such assistance. (f) International efforts The President shall take the necessary steps— (1) to seek to obtain the agreement of other countries and of international financial institutions and multilateral organizations to provide to a transition government in Venezuela, and to a democratically elected government in Venezuela, assistance comparable to that provided by the United States under this section; and (2) to work with such countries, institutions, and organizations to coordinate all such assistance programs. 403. Report on trade and investment relations between the United States and Venezuela (a) Report to congress Upon submitting to the appropriate congressional committees a determination under section 101(a) that a democratically elected government is in power in Venezuela, the President shall submit to the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the appropriate congressional committees a report that describes— (1) acts, policies, and practices that constitute significant barriers to, or distortions of, United States trade in goods or services or foreign direct investment with respect to Venezuela; and (2) policy objectives of the United States regarding trade relations with a democratically elected government in Venezuela, and the reasons for such objectives, including possible reciprocal extension of nondiscriminatory trade treatment (most-favored-nation treatment). (b) Consultation With respect to the policy objectives described in subsection (a), the President shall— (1) consult with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the appropriate congressional committees; and (2) seek advice from the appropriate advisory committees established under section 135 of the Trade Act of 1974 ( 19 U.S.C. 2155 ). V General provisions 501. Effect of Act on lawful United States Government activities Nothing in this Act prohibits any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency, or of an intelligence agency, of the United States. 502. Exception relating to importation of goods (a) In general Notwithstanding any other provision of this Act, the authorities and requirements to impose sanctions under this Act shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. | https://www.govinfo.gov/content/pkg/BILLS-117s5317is/xml/BILLS-117s5317is.xml |
117-s-5318 | II 117th CONGRESS 2d Session S. 5318 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Cassidy (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support the creation and implementation of State policies, as well as the expansion of existing State policies, for improving the quality and affordability of charter school facilities.
1. Short title This Act may be cited as the Equitable Access to School Facilities Act . 2. Purpose The purpose of this Act is to authorize support for the creation and implementation of State policies, as well as the expansion of existing State policies, to improve the quality and affordability of charter school facilities, including by providing funding and financing for those facilities and expanding charter schools’ free access to public buildings. 3. Funding (a) Allotment Section 4302(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221a(b)(1) ) is amended by inserting not more than before 12.5 percent . (b) Facilities financing assistance Section 4304(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221c(a)(1) ) is amended by striking use not less than 50 percent to . 4. State facilities aid program authorized Section 4304 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221c ) is amended by striking subsection (k) and inserting the following: (k) State facilities aid program (1) State entity defined In this subsection, the term State entity has the meaning given the term in section 4303(a). (2) Grants to State entities (A) Grants authorized From the amounts appropriated under paragraph (4) and not reserved under paragraph (3), the Secretary shall make competitive grants to State entities to pay for the cost of establishing or enhancing, and administering, charter school facilities aid programs. (B) Application A State entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (C) Selection considerations In making grants under this subsection, the Secretary shall consider, based on quantitative measures, the extent to which the activities proposed to be carried out under a grant will— (i) improve the equity of charter schools’ access to facilities funding and financing with a State, by reducing gaps in such funding (for both acquisitions and operating costs) between charter schools and other public schools; (ii) increase charter schools’ access to public buildings; and (iii) increase the access of charter schools in low-income and rural communities to adequate facilities. (D) Priorities In making grants under this subsection, the Secretary shall give a competitive preference priority to an applicant located in a State that— (i) qualifies for a priority under subparagraph (A) or (C) of section 4303(g)(2); (ii) provides charter schools with access to tax-exempt financing; (iii) ensures that land-use policies within the State, such as policies regarding permits and fees, provide for the same or substantially similar treatment of charter schools as of other public schools; (iv) prohibits localities and other instrumentalities of the State from imposing negative deed restrictions on properties that limit charter school access, including prohibitions on charter schools purchasing surplus public property; or (v) ensures that charter schools have the first right of refusal to purchase surplus public property. (E) Uses of funds A State entity receiving a grant under this subsection shall use such grant to carry out one or more of the following activities in the applicant’s State: (i) Increasing funding for, or creating financing mechanisms to support, charter schools’ acquisition, access to leasing, and renovation of facilities, which may include partnerships with local educational agencies that provide access to public buildings. (ii) Increasing funding for, or creating funding mechanisms to support, charter schools’ ongoing facilities costs. (iii) Supporting the creation of ownership models, such as local education property trusts through which municipalities set up independent public or nonprofit entities to plan, develop, and manage facilities for charter schools and other public service providers. (iv) Through a reserve fund, carrying out the activities described in subsection (f). (F) Supplement, not supplant A State entity receiving a grant under this subsection shall use such grant only to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subsection. (3) National activities From the amounts appropriated under paragraph (4), the Secretary may reserve not more than 2 percent to carry out, directly or through grants or contracts, technical assistance to grantees, evaluation of grant activities, and research and dissemination related to the purposes of this subsection. (4) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $100,000,000 for each of the fiscal years 2024 through 2028. . 5. Conforming amendment Section 4311 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221j ) is amended by inserting (with the exception of section 4304(k)) after this part . | https://www.govinfo.gov/content/pkg/BILLS-117s5318is/xml/BILLS-117s5318is.xml |
117-s-5319 | II 117th CONGRESS 2d Session S. 5319 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Klobuchar (for herself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To establish procedures for the removal of the Architect of the Capitol.
1. Removal of the Architect of the Capitol Section 319 of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 1801 ) is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Removal The Architect of the Capitol may be removed at any time by— (1) impeachment; or (2) joint resolution of Congress, only for— (A) permanent disability; (B) inefficiency; (C) neglect of duty; (D) malfeasance; or (E) a felony or conduct involving moral turpitude. . | https://www.govinfo.gov/content/pkg/BILLS-117s5319is/xml/BILLS-117s5319is.xml |
117-s-5320 | II 117th CONGRESS 2d Session S. 5320 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Coons (for himself and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To suspend the collection of income taxes and related interest and penalties from United States nationals who are unlawfully or wrongfully detained abroad and to reimburse such nationals for any penalties paid during such a detention.
1. Suspension of fines and interest on tax delinquencies of certain imprisoned expatriates Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 ) is amended by adding at the end the following: (e) Deferral of income tax (1) In general For any United States national listed as being detained unlawfully or wrongfully abroad on the annual report required under subsection (c), the collection of Federal income tax on the income of such United States national falling due during such detention shall be deferred until the date that is 180 days after such United States national is released from detention, returns to the United States, or departs the detaining country. (2) Reimbursement of penalties paid as a result of wrongful detention abroad If the Commissioner of Internal Revenue, in consultation with the Secretary of State, determines that a United States national described in paragraph (1) paid penalties for the late payment of Federal income taxes that were due to be paid during the United States national's unlawful or wrongful detention, the Commissioner shall refund the amount so paid to the United States national. (3) Accrual of interest or penalty No interest or penalty shall accrue for the period of deferment by reason of nonpayment on any amount of tax deferred pursuant to paragraph (1). (4) Statute of limitations The running of a statute of limitations against the collection of any tax deferred pursuant to paragraph (1), by seizure or otherwise, shall be suspended until the date that is 270 days after the United States national is released from detention, returns to the United States, or departs the detaining country. (5) Limitation This section shall not apply to any tax imposed on employees under section 3101 of the Internal Revenue Code of 1986. . | https://www.govinfo.gov/content/pkg/BILLS-117s5320is/xml/BILLS-117s5320is.xml |
117-s-5321 | II 117th CONGRESS 2d Session S. 5321 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To preserve Indian Tribes’ and Native Hawaiian organizations’ autonomy of access to spectrum over Tribal lands and expedite immediate deployment of telecommunications services for critical government services, including national emergencies, natural disasters, public health and biohazard threats, safety, education, opportunity to participate in the broadband economy, self-governance, access to Federal, State, and Tribal voting and elections, and the Federal census count, for the protection of life and property in furtherance of the Federal trust responsibility, and for other purposes.
1. Short title This Act may be cited as the Deploying the Internet by Guaranteeing Indian Tribes Autonomy over Licensing on Reservations Act or the DIGITAL Reservations Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings and purposes. Sec. 4. Indian Tribes’ and Native Hawaiian organizations’ exclusive right to all available or unlicensed electromagnetic spectrum over Tribal lands. Sec. 5. Access to spectrum over Tribal lands. Sec. 6. Existing spectrum licenses and spectrum over Tribal lands. Sec. 7. Tribal Broadband Fund. Sec. 8. Directing the Commission to engage in rulemaking proceedings for broadband development on Tribal lands. Sec. 9. Technical assistance for spectrum management, contractual agreements, and procedural requirements. Sec. 10. Annual reporting requirements. Sec. 11. Definitions. 3. Findings and purposes (a) Findings Congress finds the following: (1) Indian Tribes are sovereign nations that are independent and legally distinct political bodies that exercise self-governance with the inherent power to control their internal relations including natural resource development and management of assets, including spectrum over Tribal lands. (2) This longstanding precedent established territorial sovereignty through distinct and separate jurisdictions in which Indian Tribes retain their sovereign power to control their internal relations and protect Tribal self-governance within designated Tribal lands or reservations. (3) Tribal lands were established during the Allotment or Reservation era of Federal Indian law and policy (1871–1928) when the Federal Government significantly narrowed the control and rights of Indian Tribes through the unilateral acquisition of Tribal lands and resources, then subsequently gave the rights to this property to non-Indian settlers. (4) Under the General Allotment Act of 1887, Tribal members were forced to surrender their previously undivided interest in Tribally owned trust estate for individually assigned land interests creating permanently divided land allotments on Tribal lands, and further coercing Native Americans into assimilation and dependency on the Federal Government, thus depriving them of their traditional economies. (5) Congress has acknowledged that this Reservation Era policy is widely known as failed Federal policy that established individual non-Indian land holdings on reservations resulting in checkerboarded Tribal lands that cause complex jurisdictional and legal complications today. (6) In response to these failed, paternalistic Federal assimilation policies, forced acquisition of indigenous lands, and genocide of Native Americans, the United States has recognized the unique legal relationship and trust responsibility it has with American Indians, Alaska Natives, and Native Hawaiians to promote their self-determination and sovereignty in furtherance of its treaty obligations and longstanding government-to-government relationship. (7) Congressional authority to manage this unique government-to-government relationship with Native nations and Indian affairs generally is recognized as plenary; constitutionally vested congressional authority to regulate commerce and govern activities with Indian Tribes, which is distinct and separate from executive and judicial branch powers. (8) The Federal Government’s trust responsibility with Indian Tribes extends to all governmental branches requiring the United States to uphold its fiduciary duties of care and loyalty, to make trust property income productive, to enforce reasonable claims on behalf of Native Americans, and to take affirmative action to preserve trust property, for the benefit of American Indians and Alaska Natives, and Native Hawaiians as part of this Federal-Tribal relationship and Tribal self-governance. (9) The Federal Communications Commission (FCC) has acknowledged this fiduciary responsibility to Native nations and has further recognized the Commission’s own responsibility to promote their self-sufficiency and economic development on Tribal lands. (10) In 2018, a Government Accountability Office (GAO) report noted that numerous Tribal entities, associations, and academic groups consider spectrum as a natural resource that should be managed by Tribes. FCC officials responded that, spectrum is not considered a reserved right under treaties with Indian tribes, as it is not explicitly stated . (11) The first United States treaty with an American Indian Tribe was ratified in 1778, over 240 years ago, and Indian treaty-making ended in 1871, prior to the development of spectrum, and adoption of the existing regime for licensing and regulating spectrum access. (12) Further, a 2020 GAO report repeatedly stated that spectrum is a finite natural resource used to provide a variety of communication services to governmental entities. (13) However, with the exception of the FCC’s efforts to allocate a severely limited bandwidth of temporary spectrum authority to select Tribal applicants during the COVID–19 crisis, it failed to grant numerous emergency requests from Congress, Indian Tribes, and Native Hawaiian organizations to extend the 2.5 GHz Rural Tribal Priority Window timeline by 180 days to give Native nations a fair opportunity to secure spectrum over their Tribal lands before the September 2, 2020, expiration date amidst the pandemic. (14) To date, the Commission has failed to implement nationwide spectrum opportunities or uniform licensing for Indian Tribes and Native Hawaiian organizations to make spectrum available over their Tribal lands or account for the unmet needs of native Nations in compliance with the Federal trust responsibility. (15) To the contrary, the FCC has used its general authority to regulate for-profit commercial use of spectrum over Tribal lands to assign Indian Tribes’ spectrum licenses to non-Indian companies through privatized auctions, by promulgating regulations for licensed and unlicensed spectrum over Tribal lands, and by conducting oversight over secondary market transactions, including leasing spectrum licenses over Tribal lands and Hawaiian Home Lands to private companies without Tribal consultation or consent. (16) The Commission’s actions parallel failed Federal Reservation Era policy that divided Indian land holdings and created systemic barriers to Indian Tribes’ economic development and legal jurisdictional complications on Tribal lands that continue to disadvantage Tribal communities today. (17) Indian Tribes and Native Hawaiian organizations continue to encounter substantial barriers to accessing spectrum on Tribal lands and Hawaiian Home Lands to deploy telecommunications services for the safety and well-being of their members to decrease the alarming rates of violent crimes, suicides, and additional unnecessary loss of lives that Native Americans disproportionately experience, especially through the lack of access to telehealth services and digital emergency resources as demonstrated during the COVID–19 pandemic that disproportionately impacted Indian Country. (18) Further, the 2018 Broken Promises Report published by the United States Commission on Civil Rights found Native Americans rank near the bottom of all Americans in terms of health, education, and employment due to the unique challenges and harsh living conditions as a result of the Reservation Era when the Federal Government relocated Indian Tribes to geographically isolated reservations where persistent discrimination has rendered their reality often invisible to other Americans . (19) Today, Tribal lands are some of the most digitally disconnected areas in the United States, where 1.5 million people lack basic broadband and wireless services at rates comparable to, and in some cases lower than, developing countries, leaving Tribal lands further behind in the digital divide by global benchmarks. (20) In 2018, the Broadband Commission for Sustainable Development reported that wireless network coverage in Sub-Saharan Africa increased to 70 percent, surpassing the network coverage rates on Tribal lands and Hawaiian Home Lands in the United States. (21) In 2018, the Government Accountability Office (GAO) and the Federal Communications Commission (FCC) reported that over 92 percent of people living outside of Tribal lands and Hawaiian Home Lands have access to fixed broadband services, and 98 percent of American households have telephone services. However, only 65 percent of American Indians, Alaska Natives, and Native Hawaiians living on Tribal lands and Hawaiian Home Lands have access to fixed broadband services, and only 69 percent of households on Tribal lands have telephone services. (22) Lack of Indian Tribes’ access to spectrum over their Tribal lands during the COVID–19 pandemic also highlighted Indian Country’s expanding digital divide, as supported by the GAO’s finding that health information technology systems at the Indian Health Service (IHS) rank as the Federal Government’s third-highest need for agency system modernization since 50 percent of IHS facilities depend on outdated circuit connections based on one or two T1 circuit lines (3 Mbps), creating slower response times than any other health facility system in the country. (23) A 2018 National Congress of American Indians and National Indian Health Board health reform comment filed with the Federal Communications Commission has further stated that 75 percent of rural Indian Health Service (IHS) facilities do not have reliable broadband networks for American Indians and Alaska Natives to access telehealth-based services, which is a critical need in the most geographically isolated areas of the United States with some of the highest poverty rates, and lack of access to reliable transportation. (24) Additionally, IHS officials reported during the COVID–19 pandemic that deficiencies within their health IT system inhibited the agency’s ability to adequately conduct coronavirus disease surveillance and record accurate data contributing to the disproportional rates of coronavirus transmissions on reservations. (25) The Bureau of Indian Education (BIE) estimated from a survey of 142 out of 174 schools, that up to 95 percent of their students do not have access to residential internet services depending on Bureau school locations and data cap limitations before and during the pandemic. (26) As an additional barrier, no dedicated Federal funding streams exist for Indian Tribes or Native Hawaiian organizations to deploy telecommunications or broadband services, both wireline and wireless, on Tribal lands and Hawaiian Home Lands. In 2018, the GAO found that the FCC and Department of Agriculture’s combined total of $34,600,000,000 was available for broadband services and infrastructure; however, from 2010 to 2017, only 0.7 percent was allocated to Tribal telecommunications deployment. (27) It is estimated that only 0.3 percent of the 13,000 radio facilities in the country belong to federally recognized Indian Tribes, indicating a severe lack of Tribal ownership of telecommunications services generally. (28) Indian Tribes’ and Native Hawaiian organizations’ longstanding funding and administrative barriers to access spectrum over Tribal lands and Hawaiian Home Lands prohibits their self-governance and further exacerbate rates of unemployment, systemic poverty, health disparities, connection to the global market, educational and economic opportunities, unnecessary loss of lives, and unknown future disparities resulting from the absence of indigenous representation in the modernization of the digital sector, coding, general advancement of technological services and platforms, and Native ownership in the telecommunications industry. (b) Purposes The purposes of this Act are— (1) to clarify Indian Tribes’ and Native Hawaiian organizations’ inherent ownership of, and preserve, Indian Tribes’ spectrum licenses and spectrum over Tribal lands and Hawaiian Home Lands in furtherance of the trust responsibility and acknowledgment of sovereign status in the United States; (2) to diminish the effect of the Commission’s Tribal priority filing windows, auctions for spectrum licenses over Tribal lands, and assignment and leasing of spectrum over Tribal lands; ensure the Commission’s competitive bidding authority does not apply to licenses or construction permits issued by the Commission over Tribal lands and Hawaiian Home Lands; and permanently eliminate the public availability of spectrum over Tribal lands and Hawaiian Home Lands; (3) to ensure the Commission requires all unused and unassigned spectrum licenses over Tribal lands and Hawaiian Home Lands to revert to the ownership of the Indian Tribe and Native Hawaiian organization where they are geographically located in furtherance of prioritizing their ownership of spectrum over Tribal lands and Hawaiian Home Lands as part of their inherent self-governance, and expedite the immediate deployment of wireless services for critical government services, including national emergencies, natural disasters, and biohazard threats, access to health, public safety services, educational opportunities, ability to participate in the broadband economy, access to Federal, State, and Tribal voting and elections, and the Federal census count; (4) to promote Indian Tribes’ inherent self-governance and autonomy over their respective Tribal lands by ensuring spectrum over Tribal lands and Hawaiian Home Lands are held by Indian Tribes and Native Hawaiian organizations in perpetuity in compliance with the Federal trust responsibility; (5) to ensure Indian Tribes and Native Hawaiian organizations have resources available for the full retention and immediate deployment of their spectrum over Tribal lands and Hawaiian Home Lands for wireless broadband service and telecommunications services, including all commercial, noncommercial, mobile, radio, television, broadcast, middle mile and long haul fiber, and future spectrum licenses, infrastructure, and interconnectivity services that are within the jurisdiction of their respective Tribal lands and Hawaiian Home Lands; (6) to encourage Indian Tribes and Native Hawaiian organizations to immediately develop and deploy spectrum services over their lands, especially broadband and wireless services, to bridge the increasing digital divide over Tribal lands for the realization of full self-governance and autonomy through access to critical government services, resources for national emergencies, economic development, and management of resources; (7) to create opportunities for Indian Tribes and Native Hawaiian organizations to develop and build out digital and telecommunications networks and infrastructure on their lands and promote full self-governance and autonomy; (8) to require the Commission to initiate and complete the rulemaking process with robust, interactive, pre-decisional, informative, and transparent consultation with Indian Tribes and Native Hawaiian organizations in order for them to obtain free, prior, and informed consent before the approval and adoption of administrative measures or agency action that affects Tribal lands, or other associated Tribal resources, especially where telecommunications processes and associated information are unclear, unreported, or inadequate to meet the needs of Indian Tribes and Native Hawaiian organizations to preserve spectrum rights over Tribal lands and Hawaiian Home Lands, establish the Tribal Broadband Fund, and build out robust digital networks on Tribal lands so their members can access digital services at rates proportional to non-Indians living off Tribal lands; and (9) to ensure the Commission ceases the allotment of spectrum rights over Tribal lands and Hawaiian Home Lands to private telecommunication companies to protect life and property in furtherance of the Federal trust responsibility. 4. Indian Tribes’ and Native Hawaiian organizations’ exclusive right to all available or unlicensed electromagnetic spectrum over Tribal lands Indian Tribes and Native Hawaiian organizations hold rights into perpetuity to use and manage all available or unlicensed electromagnetic spectrum over Tribal lands. 5. Access to spectrum over Tribal lands (a) Elimination of all auctions, Tribal priority filing windows, secondary market opportunities, and competitive bidding for spectrum over Tribal lands (1) Auctions of Indian Tribes’ spectrum licenses and spectrum over Tribal lands Any spectrum licenses over Tribal lands for any purpose shall not be subject to any Tribal auctions executed by the Commission. (2) Tribal priority filing windows No licenses over any Tribal lands for the use of spectrum over Tribal lands shall be subject to any Tribal priority filing windows or auctions executed by the Commission. (3) Secondary market opportunities No spectrum licenses over Tribal lands shall be subject to any secondary market opportunities or post-market opportunities, including license partitioning, spectrum leasing, or assignment to any third party or other entity. (4) Competitive bidding Spectrum licenses over Tribal lands shall not be subject to competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ) from the date of the enactment of this Act. (b) Establishment of new contractual agreements for Tribal spectrum (1) In general At the discretion of an Indian Tribe or Native Hawaiian organization, after the date of the enactment of this Act, new contracts may be established with third-party licensees, qualifying Tribal entities, or other Indian Tribes or Native Hawaiian organizations to assign or lease spectrum over the Indian Tribe’s or Native Hawaiian organization’s respective Tribal lands. (2) Terms and conditions At the request of an Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity, the Commission shall ensure that any new contracts entered into from the date of the enactment of this Act must ensure that the Indian Tribe or Native Hawaiian organization retains permanent spectrum rights over the Tribal lands where the spectrum is located. The associated terms and duration of any contract to assign or lease an Indian Tribe’s or Native Hawaiian organization’s spectrum to a qualifying Tribal entity, third-party licensee, or other Indian Tribe or Native Hawaiian organization must meet the following minimum requirements and conditions to implement a valid contract for spectrum use over Tribal lands: (A) If an agreement is reached, all parties involved must execute a written agreement that sets forth the terms and conditions of the agreement. (B) Fair market value of the spectrum license or deployment of telecommunications or wireless services must be negotiated in good faith. (C) Rates must be calculated subject to inflation costs for the time duration specified under the agreement. (D) Negotiations must be entered into and conducted in good faith, requiring that an Indian Tribe, Native Hawaiian organization, qualifying Tribal entity, or third-party licensee responding to an offer proposed by the requesting party must provide reasons for each rejection of a negotiated offer in writing. (E) The party entering into contract negotiations with the Indian Tribe or Native Hawaiian organization must have the financial capacity to fulfill its requirement to deploy transactional services on the Tribal lands where the spectrum licenses are located and the ability to meet its construction requirements. (3) Limitations (A) Subleasing Any qualifying Tribal entity, Native Hawaiian organization, other Indian Tribe, or third-party licensee who does not receive the written consent from the Indian Tribe or Native Hawaiian organization where the spectrum is geographically located is barred from subleasing, assigning, or subcontracting the spectrum licenses over Tribal lands. If this is breached, such spectrum licenses shall automatically revert to the Indian Tribe or Native Hawaiian organization for new negotiations and the existing contract shall be deemed terminated. (B) Duration A contract to assign or lease spectrum licenses to be operated over Tribal lands between the Indian Tribe, Native Hawaiian organization, qualifying Tribal entity, or third-party licensee may not extend past a 5-year time period, after which the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity may review the negotiated terms with the third-party licensee and choose to either— (i) terminate the contract or assignment of such spectrum licenses, which shall automatically revert to the Indian Tribe where such spectrum licenses are geographically located; (ii) renegotiate the terms of such contract with respect to such spectrum licenses over Tribal lands; or (iii) extend the existing contractual terms of such spectrum licenses over Tribal lands for an additional 5 years, or a fair and reasonable amount of time. (C) Termination (i) Reversion In the event of premature termination of a contract for assignment or lease of spectrum over Tribal lands, the spectrum licenses shall automatically revert to the Indian Tribe or Native Hawaiian organization for new negotiations and the existing contract shall be deemed terminated. (ii) Penalties Penalties for breach of contractual agreements or premature termination of a contract shall be enforced by imposing a fine of 5 percent of the gross amount incurred, or projected amount to be incurred, from the negotiated rate of the spectrum licenses by the breaching party, to be assessed by the Commission and available as a source of funds for the Tribal Broadband Fund. (iii) Egregious behavior or lack of good faith If the breaching party participates in egregious behavior, or a clear showing is made that a party failed to negotiate contractual terms in good faith, it shall be subject to a 5-year penalty prohibiting the party from participating in any contract for spectrum licenses over Tribal lands, participation in the Tribal Spectrum Market, or additional penalties that the Commission sees fit to protect Indian Tribes’ or Native Hawaiian organizations’ telecommunications resources. In the case of a breaching party that is an Indian Tribe or Native Hawaiian organization, the penalty under this clause shall not apply with respect to spectrum over its Tribal lands of such Indian Tribe or Native Hawaiian community. (4) Additional requirements This section is subject to additional requirements or other terms and conditions as the Commission determines necessary to protect the interests of the Indian Tribe and Native Hawaiian community, or as determined necessary through subsequent rulemaking subject to the Tribal consultation requirements under section 8(c). 6. Existing spectrum licenses and spectrum over Tribal lands (a) Build or divest process for existing spectrum licenses and spectrum over Tribal lands (1) Initiation An Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity may initiate the build or divest process for an existing third-party licensee that held spectrum license rights for spectrum over Tribal lands of the Indian Tribe or Native Hawaiian organization as of the date of the enactment of this Act in a geographic area where that existing third-party licensee has satisfied the applicable construction requirements for the spectrum licenses over Tribal lands, yet has not built out to the undeveloped, unserved, or underserved Tribal lands within its license area as of the date of the enactment of this Act. (2) Process The Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity where the spectrum over Tribal lands is located may file a Notice of Intent with the Commission to initiate the build or divest process to expedite reversion of the third-party licensee spectrum license rights over the aforementioned Tribal lands to make available the unused or unneeded license rights to the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity. The Notice of Intent requires the Commission— (A) to include written notification to the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity of the date on which third-party licensee’s notice of construction permit fulfillment was filed with the Commission demonstrating that the third-party licensee satisfied its final construction requirement for the license where the underserved Tribal lands are located; (B) if the third-party licensee has met applicable construction requirements but Tribal lands within the spectrum license remain unserved or underdeveloped after the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity files the Notice of Intent, to terminate the third-party licensee’s rights over such Tribal lands after a 1-year time period, with such spectrum licenses reverting back to the Indian Tribe or Native Hawaiian organization in perpetuity where the Tribal lands are located; and (C) to permit the third-party licensee to opt out of the build or divest process, after the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity has filed the Notice of Intent, by partitioning or relinquishing its spectrum license to the Commission, which shall subsequently relicense the spectrum licenses over the Tribal lands in perpetuity to the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity, pursuant to this Act and the requirements pursuant to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ). (3) Construction requirement If the existing third-party licensee has not satisfied the applicable construction requirements for the spectrum for which it holds licenses over Tribal lands on the date on which the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity files the Notice of Intent, the spectrum license rights over Tribal lands where the spectrum is located will automatically be made available to the Indian Tribe or Native Hawaiian organization. (4) Expiration The license of any third-party licensee that has failed to extend coverage on the underserved Tribal lands from 1 year from the date that the Commission accepted the third-party licensee’s notice of construction permit fulfillment to the date of the enactment of this Act shall immediately expire, including all rights to the spectrum licenses. The Commission shall then immediately reassign the spectrum licenses for the Tribal lands so that the licenses shall immediately revert to the Indian Tribe or Native Hawaiian organization where the spectrum is geographically located. (5) Additional construction requirements The applicable construction requirements above are subject to any additional construction requirements determined by the Commission applicable to Tribal lands after the date of the enactment of this Act. (6) Additional considerations (A) Expedited process (i) In general The Commission may make additional considerations to expedite the build or divest process prior to the 1-year expiration period where the geographic coverage area of the spectrum license on Tribal lands is under duress to deploy broadband or telecommunications services or for the purpose of access to life-saving services, critical government services, national or State emergencies, natural disasters, or in other circumstances where deemed appropriate. (ii) Critical government services, national emergencies, and natural disasters Congress, Secretary of the Interior, or another executive branch office or agency that is delegated authority over Indian affairs or oversees programs impacting Indian Tribes may also request that the Commission make additional considerations to expedite the build or divest process on Tribal lands where the coverage area of the spectrum license is under duress to expedite deployment of services. (iii) Duress For purposes of this subparagraph, a geographic area on Tribal lands that is considered to be under duress shall include an area on Tribal lands where there has been a substantial loss of or existing threat to human life, the Federal Government or State government has declared an emergency, a natural disaster has occurred or will occur, or there is a need for critical government services. (B) Longer timelines Other timelines shall be considered to elongate the timeline to the 1-year expiration period with the consent of the Indian Tribe or Native Hawaiian organization where a longer time period is needed for special geographic or population needs. The Commission shall consider additional timelines on an ad hoc basis through consultation with the Indian Tribe or Native Hawaiian organization over the Tribal lands of which the third-party licensee possesses a valid spectrum license. Considerations of any modified timelines must be made with the written consent of the Indian Tribe or Native Hawaiian organization. (C) Other additional considerations Additional considerations may be made by the Commission where existing technical rules are insufficient or circumstances are present to unnecessarily restrict types of services that may be deployed within the Tribal lands with the consent of the Indian Tribe or Native Hawaiian organization. (D) Additional rulemaking proceedings The Commission shall, at the request of Indian Tribes or Native Hawaiian organizations, conduct specific rulemaking proceedings where service-specific technical issues arise under this subsection. (b) Failure To negotiate in good faith for existing spectrum licenses and spectrum over Tribal lands (1) Opportunity to secure access Where third-party spectrum licenses have been authorized and the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity can show that the third-party licensee entered into negotiations or auctions or secured assignment of an existing spectrum license over Tribal lands in bad faith, the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity shall have an opportunity to secure the Indian Tribe’s or Native Hawaiian organization’s access to such spectrum licenses. (2) Process The Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity where the spectrum is located may file a Notice of Intent with the Commission to initiate the failure to negotiate in good faith exemption process under this subsection to expedite reversion of the spectrum license rights over Tribal lands and make available the spectrum license rights to the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity over the Tribal lands or Hawaiian Homelands where it is located such spectrum license rights to such Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity. (3) Timing The Notice of Intent can be filed at any time during the license term, provided that the filing Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity can demonstrate that the third-party licensee failed to negotiate in good faith in previous dealings before the filing of the Notice of Intent. (4) Standard An Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity may demonstrate the third-party licensee failed to meet the good faith negotiation requirement through the totality of the circumstances standard in presenting the case of the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity to the Commission. In demonstrating that the third-party licensee negotiated in bad faith, the Commission shall evaluate whether the negotiations were made in good faith through the totality of the circumstances standard. (5) Good faith negotiation requirement factors The relevant factors to determine whether the third-party licensee failed to negotiate in good faith are to include the following objective elements of negotiation standards: (A) The third-party licensee must have appointed a negotiating representative with authority to bargain on partitioning and spectrum licensing issues. (B) The third-party licensee must have agreed to meet at reasonable times and locations with adequate notice. (C) The third-party licensee must not have acted in a manner that would unduly delay the course of negotiations. (D) The third-party licensee must not have put forth an unreasonable, unilateral proposal or further demonstrated an unwillingness to consider alternative reasonable terms or counterproposals. Bargaining without consideration of reasonable alternatives is inconsistent with an affirmative obligation to negotiate in good faith. (E) The third-party licensee must have showed good faith in negotiations through implementing or concluding action within a reasonable time period with reasonable notice and forum requests that are standard for negotiating practices. This standard is also applicable to any proposed forum requests by either party. Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities availing themselves of this process can also make a showing that the third-party licensee had reasonable notice or understanding that the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity did not have the financial means to fulfill the third-party licensee’s expedited timing or change of forum requests or that extenuating circumstances existed that prohibited reasonable conduct to execute negotiations. (F) The Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity that is responding to an offer proposed by the third-party licensee must also provide reasons and consideration for rejecting aspects of the third-party licensee’s offer in writing. (6) Additional considerations The Commission may make additional considerations for unreasonable behavior or egregious behavior for the totality of the circumstances standard under this subsection to determine whether a party negotiated in bad faith. (c) Safe harbor exemption for existing third-Party licensees Where a third-party licensee that holds a license to use spectrum over Tribal lands and has failed to meet additional construction requirements determined by the Commission under section 6(a)(5), a safe harbor exemption may apply to the third-party licensee, if such licensee has deployed coverage to at least 90 percent of the geographic area over the Tribal lands within its license coverage area. 7. Tribal Broadband Fund (a) In general The Commission shall establish, as an additional universal service support mechanism under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ), a mechanism to be known as the Tribal Broadband Fund . The Tribal Broadband Fund shall provide a source of funds for networks and infrastructure buildout over Tribal lands, including support for infrastructure deployment, middle mile and long haul fiber buildout, adoption of digital literacy on Tribal lands, and other related activities to ensure Tribal lands have full access to high-speed wireless broadband services and telecommunications services and other spectrum use. (b) Sources of funding In addition to universal service contributions under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d) ), the Tribal Broadband Fund shall be funded through proceeds from systems of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ) (notwithstanding paragraph (8) of such section) and any other accounts or reserve funds available to the Commission, in amounts to be determined under subsection (e). Should the Commission find that the Commission cannot robustly fund the Tribal Broadband Fund from these existing sources, the Commission shall undertake a rulemaking proceeding to determine whether the imposition of additional universal service contributions is necessary to ensure a Tribal Broadband Fund commensurate with the funding need, purposes, and implementation determined pursuant to subsection (e). (c) Prioritization Funding allocations shall be prioritized under the Tribal Broadband Fund where telecommunications or wireless broadband services have been either not deployed or inadequately deployed over Tribal lands. This includes middle mile fiber, backhaul costs, and repairs to damaged infrastructure, the cost of the repairs to which would be less expensive than the cost of new infrastructure. (d) Technical assistance The Commission shall provide requested technical assistance, training programs, and grants to assist Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities, the Director of the Department of Hawaiian Home Lands, inter-Tribal government organizations, and universities and colleges with Tribal serving institutions for the purpose of immediate deployment of telecommunications or wireless broadband services or infrastructure development over Tribal lands. (e) Rulemaking proceeding (1) Consultation Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate and complete the rulemaking process with robust, interactive, pre-decisional, informative, and transparent consultation with Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities in order for them to obtain free, prior, and informed consent to determine the appropriate funding for the Tribal Broadband Fund from the sources described in subsection (b) (including annual set-asides from each such source for the Tribal Broadband Fund), uses and administration of the Tribal Broadband Fund, and any other issues related to the establishment and implementation of the Tribal Broadband Fund. This will omit any competitive bidding requirements and any unnecessary barriers or limitations on funding for Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities to expedite the immediate deployment of current generation or better terrestrial and wireless broadband services, where none are available or need to be updated or built out for the use of critical government services, national emergencies, natural disasters, or life-saving services. (2) Advisory agency memorandum Not later than 6 months after the date of the enactment of this Act, the Commission shall provide Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities with an advisory agency memorandum on the issues addressed in paragraph (1). Such memorandum shall clearly outline the comment process and timeline for responses. (3) Notice of proposed rulemaking Not later than 12 months after the date of the enactment of this Act, the Commission shall release a Notice of Proposed Rulemaking, as described in paragraph (2). (4) Final order Not later than 18 months after the date of the enactment of this Act, the Commission shall release a final order, adopting rules and policies associated with the establishment, implementation, and administration of the Commission’s permanent Tribal Broadband Fund. (f) Rule of construction Nothing in this section shall be construed to limit Indian Tribes, Native Hawaiian organizations, or qualifying Tribal entities from accessing existing or additional funding through the Commission or any other Federal agency. 8. Directing the Commission to engage in rulemaking proceedings for broadband development on Tribal lands (a) Purpose The purpose of this section is to require the Commission to initiate and complete separate rulemaking proceedings under subsections (c), (d), and (e) to provide additional clarification for the deployment and buildout of telecommunications, broadband, and wireless services and other full use of spectrum over Tribal lands and Hawaiian Homelands, including existing reservations, landless Indian Tribes, noncontiguous land holdings, uniquely situated Indian Tribes, and Hawaiian Home Lands. (b) Timing For each of the rulemakings listed under subsections (c), (d), and (e), the Commission shall initiate or complete each step according to the following timeline: (1) Consultation Consultation shall be initiated not later than 6 months after the date of the enactment of this Act. (2) Advisory agency memoranda Advisory agency memoranda shall be issued not later than 12 months after the date of the enactment of this Act. (3) Notices of Proposed Rulemaking Notices of Proposed Rulemaking shall be issued not later than 18 months after the date of the enactment of this Act. (4) Final rules Orders promulgating final rules shall be issued not later than 24 months after the date of the enactment of this Act. (c) Tribal consultation and engagement (1) In general The Commission shall initiate and complete a rulemaking proceeding to best determine how to conduct robust, interactive, pre-decisional, informative, and transparent consultation with Indian Tribes and Native Hawaiian organizations in order to obtain free, prior, and informed consent prior to the approval of, and before adopting administrative measures that affect Tribal lands, or other associated Tribal resources. Prior to initiating such proceeding, the Commission shall also engage with the FCC Native Nations Communications Task Force, qualifying Tribal entities, Native-owned telecommunications providers, and Tribal organizations with telecommunications expertise. (2) Primary goal The primary goal of the rulemaking under paragraph (1) shall be to determine how the Commission can best establish a binding agency policy for Tribal consultation for policy development and agency action to provide proper notice and guidance, introduce mapping tools, provide robust outreach, and make government-to-government training accessible to Indian Tribes and Native Hawaiian organizations to preserve and develop spectrum rights and spectrum access over Tribal lands, and to expedite the immediate deployment of wireless broadband services, other wireless services, or other full use of spectrum over Tribal lands for critical government services, national emergencies, natural disasters, or life-saving services. (3) Additional consultation In conducting the rulemaking under paragraph (1), the Commission shall engage with Native Hawaiian organizations, and appropriate authorities of the State of Hawaii, to identify and designate potential existing entities within the State government of Hawaii, and the Native Hawaiian organizations or the community, for standing as licensable entities for the purpose of spectrum licensing rights and spectrum over the Hawaiian Home Lands. (4) Notice The Commission’s Tribal consultation meetings shall be made open to the public and subject to reasonable and timely notice published in the Federal Register, and through other appropriate public methods, not later than 30 days prior to the scheduled meeting. The Commission shall make additional considerations for adequate notification to Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities, that lack telecommunications services on Tribal lands. (5) Additional consultation and notice Open and public Tribal consultation and appropriate notice and outreach to Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities shall be presented during each of the additional rulemakings prescribed in this section. The Commission shall conduct each such additional rulemaking in accordance with the rules for consultation issued by the Commission in the rulemaking under paragraph (1) of this subsection. (d) Tribal economic development (1) Available funding opportunities (A) In general The Commission shall initiate and complete a rulemaking proceeding to streamline applications to expedite funding (including through the Commission’s funding opportunities and other funding opportunities that may be available through other agencies) on Tribal lands for buildout of telecommunications, broadband, and wireless services, or other full use of spectrum or infrastructure development over Tribal lands for critical government services and national emergencies. (B) ONAP Federal Funding Director In the rulemaking under subparagraph (A), the Commission shall establish within the Office of Native Affairs and Policy (ONAP) of the Commission the position of Federal Funding Director. The Director shall have the following duties: (i) To coordinate with Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities to access the Commission’s funding opportunities, or other funding opportunities that may be available through other agencies, and assist with the application processes for the Tribal Broadband Fund and other universal service support mechanisms. (ii) To coordinate with other Federal agencies that provide telecommunications and infrastructure funding to Indian Tribes, Native Hawaiian organizations, or interested qualifying Tribal entities to assist with expedited wireless broadband service and other telecommunications deployment over Tribal lands. (2) New Tribal Spectrum Market (A) In general The Commission shall initiate and complete a rulemaking proceeding to establish a new Tribal Spectrum Market. Such market shall be an optional forum solely for the participation of Indian Tribes, qualifying Tribal entities, and Native Hawaiian organizations to engage with other Indian Tribes, qualifying Tribal entities, and Native Hawaiian organizations for leasing and assignment opportunities for the purpose of economic and business development on Tribal lands for participants who choose to participate. Participation in such market shall not disallow Indian Tribes, Native Hawaiian organizations, or qualifying Tribal entities from participating in any other auction forum, or hinder their participation in secondary markets. (B) Purpose In furtherance of the Federal trust responsibility, Tribal self-governance, and to develop robust economic resources on Tribal lands, the Commission shall make all unwanted spectrum over Tribal lands available to other Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities through the Tribal Spectrum Market and notify other Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities identified under subsection (c) through adequate notification processes established under this Act. Participants identified under this subsection must provide written consent to the Commission to make their unwanted spectrum over Tribal lands available to other Indian Tribes, Native Hawaiian organizations, or qualifying Tribal entities through the Tribal Spectrum Market. (C) Limitations Participants that are not identified under subsection (d)(2)(B) above shall not be eligible to participate in the Tribal Spectrum Market. (e) Undefined areas for development and deployment of Tribal broadband, wireless services, and spectrum (1) Areas of Tribal interests and non-geographically defined areas The Commission shall initiate and complete a rulemaking proceeding to address unique land status on Tribal lands and associated undefined geographic areas of interest, including— (A) spectrum that is not geographically defined due to spectrum propagation characteristics; and (B) with respect to the build or divest process under section 6(a), questions over control of meteorological spectrum licenses over Tribal lands. (2) Primary Tribal areas of interest The Commission shall initiate and complete a rulemaking proceeding to create licensing areas for Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities to provide spectrum licenses covering areas that are primary Tribal areas of interest, including noncontiguous land holdings, small or uniquely situated Indian Tribes, and undefined Tribal lands or undefined Hawaiian Home Lands. Such proceeding shall also address deployment of digital services and other full use of spectrum over Tribal lands, including spectrum development, infrastructure, and deployment of wireless broadband service and other wireless services for landless Indian Tribes or Native Hawaiian communities. (3) Interrelationship of spectrum usage on Tribal lands and contiguous areas The Commission shall initiate and complete a rulemaking proceeding to review the interrelationship between spectrum usage on Tribal lands and spectrum usage in areas contiguous to Tribal lands, including— (A) Indian Tribes’, Native Hawaiian organizations’, and qualifying Tribal entities’ ability to make wireless services available to Tribal members who reside in areas just outside the boundaries of Tribal lands; and (B) interference issues with neighboring licenses. (4) Military, national security, and international laws for spectrum management and coordination The Commission shall, in consultation with the Secretary of Defense and the Secretary of Commerce, initiate and complete a rulemaking proceeding to develop a nationwide framework for spectrum management and coordination that— (A) addresses— (i) the relationship of spectrum over Tribal lands to spectrum used by the Federal Government, including the Department of Defense; and (ii) the relationship of spectrum over Tribal lands to international laws and negotiations relating to the use of spectrum, including international exclusion zones; and (B) provides for the requirements of this Act relating to spectrum over Tribal lands to be administered pursuant to existing policies and procedures for spectrum management and coordination. (5) New buildout requirements for existing license holders In carrying out section 6(a) (relating to the build or divest process), the Commission shall do the following: (A) Additional construction requirements for large or remote Tribal lands Where an existing third-party licensee has satisfied the applicable construction requirements for a license over Tribal lands, yet the area that the license covers remains underserved, the Commission shall initiate and complete a rulemaking proceeding to determine an additional construction requirement for the Tribal lands of large, land-based Indian Tribes to expedite service and immediate broadband and telecommunications deployment or other full use of spectrum over Tribal lands. (B) Additional timeline considerations Subject to section 6(a), the Commission shall consider additional timelines on an ad hoc basis through Tribal consultation with the Indian Tribe or Native Hawaiian organization in which the third-party licensee possesses a valid spectrum license over Tribal lands. Considerations of any modified timelines must be made with the adequate consent of the Indian Tribe or Native Hawaiian organization. (6) Specific bands of available spectrum over Tribal lands (A) In general The Commission shall initiate and complete a rulemaking proceeding to identify the licensed and unlicensed spectrum bands that are available for deployment of services over Tribal lands as defined under this Act, including existing reservations, landless Indian Tribes, noncontiguous land holdings, uniquely situated Indian Tribes, and the Hawaiian Home Lands. (B) Requirements In carrying out subparagraph (A), the Commission shall— (i) hold field hearings initiated with adequate notice; (ii) establish and make public specific processes to identify available spectrum bands over Tribal lands; and (iii) submit an analytical report to Congress to be made available to Indian Tribes, Native Hawaiian organizations, and associated Tribal entities identified under subsection (c)(1). (7) Additional revision and buildout requirements to expedite deployment of wireless services (A) In general The Commission shall initiate and complete a rulemaking proceeding to establish expedited buildout requirements for existing third-party licensees that hold a license over Tribal lands. These new buildout requirements shall preempt buildout requirements established before the date of the enactment of this Act. (B) Purposes The purpose of the establishment of these new buildout requirements is not intended to revoke spectrum licenses from third-party licensees, but to ensure that development of telecommunications networks or other full use of spectrum over Tribal lands is expedited to deploy critical government services, provide access to life-saving resources, and establish currently nonexistent communication for national emergencies over Tribal lands to match the average coverage rates for fixed broadband services on non-Tribal lands or the nearest metropolitan area. (8) Development of rights-of-way and broadband deployment (A) In general In strict compliance with Tribal consultation and notice procedures established under subsection (c), the Commission shall, in conjunction with the Secretary of the Interior or the heads of other participating Federal agencies, initiate and complete a rulemaking proceeding to issue nonbinding, model regulations for grants of rights-of-way over Tribal lands for the potential development of telecommunications infrastructure. If the Commission, the Secretary of the Interior, or the head of another participating Federal agency initiates and completes an aforementioned rulemaking proceeding without pre-decisional, informative, and transparent Tribal consultation, as specified under subsection (c), it shall be invalid guidance considered nonbinding precedent on any subsequent decisions. (B) Issue areas to be included Any model regulations issued under subparagraph (A) shall include analysis of right-of-way buildout proposals and broadband deployment generally as it relates to Indian Tribes, Native Hawaiian organizations or communities, and Tribal lands, including the following: (i) Permitting and review process generally, including land use permitting and facilities siting. (ii) Review processes and robust, interactive guidelines in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including small-cell infrastructure. (iii) Review processes and guidelines in compliance with division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act ( 16 U.S.C. 470 et seq. )), including small-cell infrastructure. (iv) Potential damage to sacred sites and heritage sites on or near Tribal lands. (v) Additional considerations and analysis for Indian Tribes, Native Hawaiian organizations, and Tribal lands with respect to the impacts of expedited permitting decisions and buildout requirements for broadband projects or other future development of telecommunications infrastructure or spectrum development over Tribal lands and deployment of new generation networks, with an emphasis on 5G networks generally. (vi) Procedural proposals on how to best establish robust Tribal consultation between Indian Tribes and Native Hawaiian organizations and the Commission, and other associated Federal agencies, for the development of optional rights-of-way for broadband deployment, spectrum use or development, or telecommunications infrastructure. 9. Technical assistance for spectrum management, contractual agreements, and procedural requirements (a) Spectrum management At the request of an Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity, the Commission, acting through the Office of Native Affairs and Policy, shall provide technical assistance and guidance for the most efficient and effective use of spectrum and spectrum management for the benefit of the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity that submitted the request, including deployment of wireless services or other full use of spectrum over Tribal lands. This technical assistance and guidance shall include the following: (1) Best practices for Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities to secure access to spectrum and manage spectrum. (2) How to best expedite the immediate deployment of broadband and telecommunications services or other full use of spectrum over Tribal lands, including support for— (A) infrastructure development, fiber buildout, adoption of digital literacy on Tribal lands, and other related activities to ensure Indian Tribes and Native Hawaiian organizations have full access to resources for robust deployment of broadband and telecommunications services or other full use of spectrum over Tribal lands; (B) assistance for procedures enumerated under sections 5, 6, and 7; and (C) participation in the Tribal Spectrum Market and other spectrum programs managed by the Commission. (3) Coordination with other Federal agencies for activities related to Tribal spectrum management, deployment of wireless services, infrastructure development, or other full use of spectrum over Tribal lands, or related activities, including coordinating with all applicable agencies with available Federal funding opportunities for which Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities are eligible to apply to further support deployment of broadband on Tribal lands. (b) Contractual agreements and notice of intent requirements The Commission, acting through the Office of Native Affairs and Policy, shall provide technical assistance and guidance to the Indian Tribe, Native Hawaiian organization, and qualifying Tribal entity that submitted the request on the activities under this Act, including, but not limited to— (1) contractual negotiations to assign or lease spectrum to other Indian Tribes, Native Hawaiian organizations, qualifying Tribal entities, or third-party licensees, including general information relating to activities under section 5(b) (including the fair market value of spectrum licenses, deployment of telecommunications services, and penalties under paragraph (3)(C)(ii) of such section) and participation in the Tribal Spectrum Market; and (2) filing a Notice of Intent and associated procedures and timelines specified under section 6. (c) Wireless broadband deployment and adoption (1) In general The Commission shall, acting through the Office of Native Affairs and Policy and at the request of an Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity, provide technical assistance to apply for and participate in the Tribal Broadband Fund, other universal service support mechanisms, and the Tribal Spectrum Market. Requests under this paragraph from Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities shall receive priority where telecommunications or wireless broadband services on Tribal lands have either not been deployed or have been inadequately deployed. This includes assistance for associated backhaul, repairs to damaged infrastructure, or new infrastructure to deploy wireless broadband service. (2) Additional technical assistance In addition to the technical assistance provided under paragraph (1), the Commission shall provide further technical assistance that includes training programs and grant assistance to Indian Tribes, Native Hawaiian organizations, qualifying Tribal entities, the Director of the Department of Hawaiian Home Lands, inter-Tribal government organizations, and universities and colleges with Tribal serving institutions for the purpose of immediate deployment of telecommunications or wireless broadband services, infrastructure development over Tribal lands, and related activities identified under this Act. (d) Department of the Interior, Department of Commerce, and Commission The Secretary of the Interior, the Secretary of Commerce, and the Commission shall provide technical assistance to Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities (and, if located on Tribal lands, to schools, libraries, health care facilities, public safety entities, Tribal chapter houses, community centers, government buildings of an Indian Tribe, and locations where Tribal, State, and Federal elections and census activities are carried out) to resolve barriers to the deployment and adoption of wireless broadband service and other services provided using spectrum, including— (1) classes or other education related to computer literacy; (2) acquisition of computers and related hardware and software; (3) use of wireless broadband service and computers for public safety and emergency communications services and interoperability; (4) use of spectrum and wireless broadband service and computers where Tribal, State, and Federal elections and census activities are carried out; (5) use of spectrum and wireless broadband service and computers to respond to public emergencies, including health and biohazard threats and natural disasters; and (6) such other areas as the Commission, or relevant Federal agencies that have a role conducting activities on Tribal lands, determines to be advisable to increase the deployment and adoption of wireless broadband service and other services provided using spectrum on Tribal lands, or where an Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity holds a valid and active spectrum license. (e) Additional requirements Nothing under this section should limit or supersede the Commission’s, or other Federal agencies’, existing responsibilities or engagement with Indian Tribes, Native Hawaiian organizations or communities, and qualifying Tribal entities. 10. Annual reporting requirements (a) Annual report Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Commission shall submit to Congress and the Federal agencies specified in subsection (b) both a report on the deployment of broadband and a spectrum license inventory over Tribal lands that include the following information: (1) The Commission’s work with Indian Tribes, Native Hawaiian organizations, qualifying Tribal entities, and associated Tribal organizations, including spectrum-related matters, and efforts to bolster Tribal outreach through individual consultation, funding access, expansion of access to broadband or other full use of spectrum over Tribal lands, activities executed through the Office of Native Affairs and Policy, rulemakings that have been executed related to such matters under this Act, and general updates. (2) The Commission’s data collection on whether spectrum license and auction applicants and existing spectrum license holders over Tribal lands are either Indian Tribes, Native Hawaiian organizations, qualifying Tribal entities, or third-party licensees. The Commission shall implement a requirement to record the ownership classification of all future spectrum licenses and new agreements established under section 5(b). (3) A verification that the Commission has provided information about assigned and unassigned licenses and license holders to the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity where the licenses are geographically located, including a detailed description of the licenses, license holders, and the Indian Tribe, Native Hawaiian organization, or qualifying Tribal entity to which the information was provided. (4) Verification that the Commission has made contact information easily accessible for Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities about participation in any opportunities to operate spectrum licenses over Tribal lands, secondary market opportunities, and the respective processes. (5) Geographic locations on Tribal lands where broadband or wireless telecommunications services have not been built out or deployed. (6) Recommendations on how the Commission will support Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities to obtain spectrum licenses and further deploy broadband connectivity and other wireless telecommunications services over Tribal lands where networks have not been developed. (7) Publication of available Federal funding across all agencies for which Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities are eligible to apply to further support deployment of broadband and telecommunications services on Tribal lands. (b) Submission of recommendations Not later than 18 months after the date of the enactment of this Act, the Commission shall make publicly available and submit all annual reporting and recommendations developed under subsection (a) to— (1) Indian Tribes, Department of Hawaiian Home Lands, and Native Hawaiian organizations; (2) the Department of the Interior; (3) the Committee on Indian Affairs of the Senate; (4) the Committee on Natural Resources of the House of Representatives; (5) the Committee on Commerce, Science, and Transportation of the Senate; (6) the Committee on Energy and Commerce of the House of Representatives; (7) the FCC Native Nations Communications Task Force; (8) Tribal organizations with telecommunications expertise; and (9) requesting qualifying Tribal entities. 11. Definitions In this Act: (1) Advisory agency memorandum The term advisory agency memorandum means documentation to be produced by the Commission after each Tribal consultation, prior to the development of Commission policy, or execution of Commission action that impacts Tribal interests or Tribal lands. The purpose of such documentation is to make available to the public documentation of the proactive measures of the Commission to provide proper notice and guidance, introduce policy proposals, provide robust outreach, and make government-to-government training and communication accessible to Indian Tribes, Department of Hawaiian Home Lands, and interested Native Hawaiian organizations to preserve existing Tribal resources and further develop Tribal interests on Federal lands in furtherance of the trust responsibility. Such documentation shall establish the scope, purpose, timelines, relevant Bureaus and Offices of the Commission, and relevant Commission actor for each Tribal consultation. Such documentation shall include the method for disseminating information to the public, and the dates and method of outreach to the relevant Indian Tribes, Native Hawaiian organizations, and interested qualifying Tribal entities. (2) Commission The term Commission means the Federal Communications Commission. (3) Critical government service The term critical government service means any service provided by an Indian Tribe or Native Hawaiian organization, or Department of Hawaiian Home Lands, or through an extension or qualifying Tribal entity of an Indian Tribe, that is used to— (A) preserve or protect Tribal self-governance; (B) control internal relations; (C) create economic development and the opportunity for residents of Tribal lands, Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities to engage in the broadband economy, telecommunications markets, and future development of spectrum; (D) regulate Tribal lands and internal domestic relations; or (E) manage governmental services, buildings, or emergency response, including— (i) response to national emergencies or biohazard threats; (ii) public safety; (iii) education; (iv) healthcare services and data; (v) development of natural resources; (vi) postal services; (vii) Tribal buildings (including libraries, Tribal chapter houses, long houses, senior centers, community centers, and other similar government buildings of an Indian Tribe or Native Hawaiian organization with community purpose); (viii) cultural and language preservation; (ix) voting and services relating to voting in Tribal, State, and Federal elections; (x) services relating to the Federal census count, for the general welfare and sustainability of its Tribal lands or membership, and realization of full autonomy of resource management and economic development, activity, and opportunity; or (xi) additional essential governmental services, including infrastructure and economic development, that provide support to an Indian Tribe’s programs and services. (4) Digital literacy The term digital literacy means information and communications for the purpose of developing support for technological deployment and understanding of issues including infrastructure deployment, fiber buildout, network connectivity, spectrum market opportunities, associated Commission programs and funding opportunities, and other related resources to expedite the immediate deployment and full access to telecommunications, broadband, spectrum, and wireless services available for effective and efficient use on Tribal lands. (5) Hawaiian Home Lands The term Hawaiian Home Lands means lands held in trust for Native Hawaiians by Hawaii pursuant to the Hawaiian Homes Commission Act, 1920. (6) Indian Tribe The term Indian Tribe means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation in the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131(a) ). (7) Native Hawaiian Organization The term Native Hawaiian organization — (A) means any organization— (i) that serves the best interests of Native Hawaiians; (ii) in which Native Hawaiians serve in substantive and policymaking positions; (iii) that has as a primary and stated purpose the provision of services to Native Hawaiians; (iv) that is recognized for having expertise in Native Hawaiian affairs, including digital connectivity and broadband access; and (v) that administers land applicable under paragraph (13); and (B) includes the Department of Hawaiian Home Lands. (8) Qualifying Tribal entity The term qualifying Tribal entity means an entity designated by the Indian Tribe with jurisdiction over particular Tribal lands for which the spectrum access is sought. The following may be designated as a qualifying Tribal entity : (A) Indian Tribes. (B) Tribal consortia which consists of two or more Indian Tribes; or an Indian Tribe and an entity that is more than 50 percent owned and controlled by one or more Indian Tribes. (C) Federally chartered Tribal corporations created under section 17 of the Indian Reorganization Act ( 25 U.S.C. 5124 ), and created under section 4 of the Oklahoma Indian Welfare Act ( 25 U.S.C. 5204 ). (D) Entities that are more than 50 percent owned and controlled by an Indian Tribe or Indian Tribes. (9) Entity that is more than 50 percent owned and controlled by one or more Indian Tribes The term entity that is more than 50 percent owned and controlled by one or more Indian Tribes means an entity over which one or more Indian Tribes have both de facto and de jure control of the entity. De jure control of the entity is evidenced by ownership of greater than 50 percent of the voting stock of a corporation, or in the case of a partnership, general partnership interests. De facto control of an entity is determined on a case-by-case basis. An Indian Tribe or Indian Tribes must demonstrate indicia of control to establish that such Indian Tribe or Indian Tribes retain de facto control of the applicant seeking eligibility as a qualifying Tribal entity , including the following: (A) The Indian Tribe or Indian Tribes constitute or appoint more than 50 percent of the board of directors or management committee of the entity. (B) The Indian Tribe or Indian Tribes have authority to appoint, promote, demote, and fire senior executives who control the day-to-day activities of the entity. (C) The Indian Tribe or Indian Tribes play an integral role in the management decisions of the entity. (D) The Indian Tribe or Indian Tribes have the authority to make decisions or otherwise engage in practices or activities that determine or significantly influence— (i) the nature or types of services offered by such an entity; (ii) the terms upon which such services are offered; or (iii) the prices charged for such services. (10) Spectrum over Tribal lands The term spectrum over Tribal lands means all spectrum on Tribal lands, including wireless, radio, television, broadcast, commercial and noncommercial uses, and current generation or better wireless broadband services. (11) Third-party licensee The term third-party licensee means a third party or qualifying Tribal entity that possesses valid spectrum license rights over Tribal lands, or an eligible third-party licensee that an Indian Tribe or Native Hawaiian organization chooses to negotiate spectrum licenses for telecommunications services for the agreed-upon time period of the license contract on the specified geographic area on Tribal lands where it must meet its construction obligation or requirements. (12) Tribal Broadband Fund The term Tribal Broadband Fund means the additional universal service support mechanism established by the Commission under section 7 to provide Federal funding to Indian Tribes, Native Hawaiian organizations, and qualifying Tribal entities from universal service contributions, auctions proceeds, or any other accounts or reserve funds available to the Commission, for the purpose of providing a source of support for infrastructure deployment, middle mile and long haul fiber buildout, adoption of digital literacy, and other related resources to expedite the immediate deployment of and full access to telecommunications, broadband, spectrum use and future development, wireless services (including wireless broadband service), and other purposes specified under section 7 for effective and efficient use on Tribal lands. (13) Tribal lands The term Tribal lands has the meaning given that term in section 73.7000 of title 47, Code of Federal Regulations, as of April 16, 2020, and includes the definition Indian Country as defined in section 1151 of title 18, United States Code, and includes fee simple and restricted fee land held by an Indian Tribe. This term also includes the definition Hawaiian Home Lands as defined under paragraph (5). (14) Wireless broadband service The term wireless broadband service means wireless broadband internet access service that is delivered— (A) with a download speed of not less than 25 megabits per second and an upload speed of not less than 3 megabits per second; and (B) through— (i) mobile service; (ii) fixed point-to-point multipoint service; (iii) fixed point-to-point service; or (iv) broadcast service. | https://www.govinfo.gov/content/pkg/BILLS-117s5321is/xml/BILLS-117s5321is.xml |
117-s-5322 | II 117th CONGRESS 2d Session S. 5322 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Warren (for herself, Mr. Brown , Ms. Baldwin , Mr. Whitehouse , Mr. Van Hollen , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the collection of supplemental payments to increase congressional investments in medical research, and for other purposes.
1. Short title This Act may be cited as the Medical Innovation Act of 2022 . 2. Authority to assess and use supplemental payments to increase congressional investments in medical research (a) In general Section 301 of the Public Health Service Act ( 42 U.S.C. 241 ) is amended by adding at the end the following: (i) Authority To assess and use supplemental payments To increase congressional investments in medical research (1) Definitions For purposes of this subsection: (A) Covered blockbuster drug (i) In general The term covered blockbuster drug means any product— (I) for which the covered manufacturer reported to the Securities and Exchange Commission on a form, including form 10–K or form 20–F, or is otherwise determined by the Secretary to have received, at least $1,000,000,000 in net sales in the previous calendar year; and (II) that was developed, in whole or in part, through Federal Government investments in medical research, as the Secretary determines in accordance with clause (ii). (ii) Determination of Federal Government investment In determining under clause (i)(II) whether a product was developed, in whole or in part, through Federal Government investments in medical research, the Secretary shall consider whether information included in any patent that claims the covered blockbuster drug or that claims a method of using such covered blockbuster drug and with respect to which a claim of patent infringement could reasonably be asserted if a person not licensed by the owner engaged in the manufacture, use, or sale of the covered blockbuster drug, or any element of the covered blockbuster drug— (I) relates to, or is based upon, prior science conducted, in whole or in part, by a person that is or was funded by the Federal Government; (II) relates to, acts upon, or is based upon knowledge of a signaling pathway, cellular receptor, ion channel, protein, DNA or RNA sequence or mutation, virus, or any other scientific information discovered, in whole or in part, through research funded by the Federal Government; or (III) relates to, or is based upon, through the manufacturing process or testing process of the covered blockbuster drug, technology derived, in whole or in part, through research funded by the Federal Government. (B) Covered manufacturer The term covered manufacturer means a person— (i) that holds an application approved under section 505 of the Federal Food, Drug, and Cosmetic Act or a license under section 351 of this Act for a covered blockbuster drug; or (ii) who is a co-licensed partner of the person described in clause (i) that obtains the covered blockbuster drug directly from a person described in this clause or clause (i). (C) Covered settlement agreement (i) In general The term covered settlement agreement means a settlement agreement (including a consent decree), and except as provided under clause (ii)— (I) that is between an agency and a covered manufacturer; (II) that relates to— (aa) an alleged violation of, or a penalty under, section 1128A of the Social Security Act or section 1128B of the Social Security Act; (bb) an alleged violation under subchapter III of chapter 37 of title 31, United States Code (commonly known as the False Claims Act ); (cc) an alleged violation under the Federal Food, Drug, and Cosmetic Act; or (dd) an alleged violation of any other Federal civil or criminal law; and (III) under the terms of which a covered manufacturer is obligated in an amount not less than a total of $1,000,000, including civil or criminal penalties with respect to any parties, including governmental and private entities. (ii) Exception for settlements not affecting taxpayers or public health The term covered settlement agreement does not include any settlement agreement that the Secretary determines— (I) does not involve an alleged criminal violation; and (II) does not relate to— (aa) allegations of fraud resulting, or potentially resulting, in a loss of taxpayer dollars; or (bb) allegations of conduct having an adverse impact, or a potentially adverse impact, on the health of the public. (D) Person The term person has the meaning given such term in section 201(e) of the Federal Food, Drug, and Cosmetic Act. (E) Product The term product means a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351, and subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act. (2) Supplemental payments to increase congressional investments in medical research (A) Supplemental payment assessment and collection Beginning with the first fiscal year that begins at least 60 days after the date of enactment of the Medical Innovation Act of 2022 , and each subsequent fiscal year, the Secretary shall, in accordance with this paragraph, assess and collect supplemental payments to increase congressional investments in medical research from each covered manufacturer described in subparagraph (B). (B) Criteria for assessing payments A covered manufacturer that meets both of the following criteria for a calendar year (referred to in this subparagraph and subparagraph (D) as the applicable calendar year ) shall be assessed a supplemental payment under subparagraph (A) for the fiscal year beginning in the proceeding calendar year: (i) A covered manufacturer that, during the 5-year period immediately preceding the date on which the payment is assessed, but not before the date of enactment of the Medical Innovation Act of 2022 , entered into a covered settlement agreement. (ii) A covered manufacturer that reported net income of at least $1,000,000,000 to the Securities and Exchange Commission on a form, including form 10–K or form 20–F, or that the Secretary otherwise determines to have had net income of at least $1,000,000,000— (I) during the applicable calendar year; or (II) during the calendar year in which the covered manufacturer entered into a covered settlement agreement, as described in clause (i). (C) Payment amount (i) In general A covered manufacturer described in subparagraph (B) shall be assessed a supplemental payment to increase congressional investments in medical research for a fiscal year equal to the applicable percentage of the net income of the covered manufacturer, as reported or determined as described in subparagraph (B)(ii), for the previous calendar year, multiplied by the number of covered blockbuster drugs of the covered manufacturer for that year. (ii) Applicable percentage For purposes of determining the amount of a supplemental payment under clause (i), the applicable percentage of the net income of a covered manufacturer is— (I) 0.75 percent, in the case of a covered settlement agreement under the terms of which the total obligation of a covered manufacturer is in an amount that is less than $500,000,000; (II) 1 percent, in the case of a covered settlement agreement under the terms of which the total obligation of a covered manufacturer is in an amount that is at least $500,000,000 but less than $1,000,000,000; or (III) 1.5 percent, in the case of a covered settlement agreement under the terms of which the total obligation of a covered manufacturer is in an amount that is at least $1,000,000,000. (D) Annual limitation In the case of a covered manufacturer that entered into more than 1 covered settlement agreement during an applicable calendar year, such covered manufacturer shall be assessed a supplemental payment under subparagraph (C) only with respect to the covered settlement agreement under which the total amount obligated of the covered manufacturer, as described in paragraph (1)(C)(i)(III), is the highest. (E) Publication of payments Beginning with the first fiscal year that begins at least 60 days after the date of enactment of the Medical Innovation Act of 2022 , and not later than 60 days before the start of each fiscal year, the Secretary shall publish in the Federal Register, with respect to the next fiscal year— (i) a list of covered manufacturers subject to the payment under this paragraph; (ii) a list of the covered blockbuster drugs of each such covered manufacturer; (iii) the total payment amount assessed to each such covered manufacturer; and (iv) the manner in which payments assessed under this paragraph will be collected. (F) Crediting and availability of supplemental payments (i) In general Subject to clause (ii), payments authorized under this paragraph shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts. Such payments are authorized to remain available until expended. (ii) Collections and appropriations Acts (I) In general The payments authorized by this paragraph— (aa) subject to subclause (II), shall be collected and available in each fiscal year in an amount not to exceed the amount specified in appropriation Acts, or otherwise made available for obligation, for such fiscal year; and (bb) shall be available to the Secretary to distribute, as described in paragraph (3). (II) Provision for early payments Payments authorized under clause (iii) for a fiscal year, prior to the due date for such payments, may be accepted by the Secretary. (iii) Authorization of appropriations For the first fiscal year that begins at least 60 days after the date of enactment of the Medical Innovation Act of 2022 and for each subsequent fiscal year, there is authorized to be appropriated for the purpose of making distributions under paragraph (3) to meet the priorities described in paragraph (4), an amount equal to the total amount of supplemental payments assessed for such fiscal year under this paragraph. (G) Remitting payments A covered manufacturer assessed a supplemental payment under subparagraph (A) shall remit the payment no later than the first business day on or after October 1 of each fiscal year, or the first business day after the date of enactment of an appropriations Act providing for the collection and obligation of supplemental payments for such fiscal year. (H) Collection of assessed payments that are not remitted In any case where the Secretary does not receive a supplemental payment assessed under subparagraph (A) within 30 days after it is due, such supplemental payment shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31, United States Code. (I) Supplement not supplant Payments collected under this paragraph shall be used to supplement and not supplant other Federal funds made available to carry out the priorities described in paragraph (4). (3) Distribution of payments to agencies to increase congressional investments in medical research (A) Distribution to agencies Subject to subparagraph (C), for the purposes described in paragraph (4), the Secretary shall distribute the amounts appropriated under paragraph (2)(F)(iii) during a fiscal year to— (i) the Food and Drug Administration, to be used in accordance with paragraph (4)(A); and (ii) the National Institutes of Health organized under title IV, to be used in accordance with paragraph (4)(B). (B) Distribution ratio between agencies The amount that the Secretary distributes to an agency under subparagraph (A) during a fiscal year shall bear the same relation to the total amount appropriated under paragraph (2)(F)(iii) for such fiscal year as the amount of discretionary funds appropriated to such agency for such fiscal year bears to the total amount of discretionary funding appropriated to both agencies listed in subparagraph (A) for such fiscal year. (C) Ensuring stable congressional investments in medical research (i) In general Supplemental payments collected in accordance with paragraph (2) shall not be distributed under subparagraph (A) for a fiscal year unless appropriations to both of the agencies listed in such subparagraph for the fiscal year are equal to or greater than appropriations to such agencies for the prior fiscal year. (ii) Delayed distribution If, in accordance with clause (i), the Secretary does not distribute payments collected in accordance with paragraph (2) during any portion of a fiscal year, and, at a later date in such fiscal year, the appropriations to the agencies listed in subparagraph (A) become equal to or greater than the amount of appropriations for the prior fiscal year, the Secretary may distribute such payment at any time in such fiscal year. (D) Considerations In determining amounts appropriated for purposes of subparagraphs (B) and (C)— (i) the Secretary shall not consider any amounts appropriated in accordance with paragraph (2)(F)(iii); and (ii) with respect to the Food and Drug Administration, the Secretary shall not consider amounts appropriated in accordance with subchapter C of chapter VII of the Federal Food, Drug, and Cosmetic Act (relating to user fees collected by the Secretary). (4) Prioritizing urgent needs in medical research The Secretary shall ensure that the payments distributed under paragraph (3) are used to meet urgent needs in medical research, including priorities as follows: (A) FDA With respect to the Food and Drug Administration, the priority use of the distributions shall include carrying out the goals of the strategy and implementation plan for advancing regulatory science for medical products under section 1124 of the Food and Drug Administration Safety and Innovation Act ( 21 U.S.C. 393 note), and other such research activities in order to promote the public health and advance innovation in regulatory decisionmaking, as determined by the Secretary. (B) NIH With respect to the National Institutes of Health, the priority use of the distributions shall include supporting— (i) research that fosters radical innovation, including— (I) research on diseases or conditions for which treatments exist but are inadequate; (II) research on diseases or conditions for which there are unmet medical needs; (III) research on diseases for which treatments exist but the side effect profiles of such treatments limit the therapeutic potential of such treatments; (IV) research on new approaches to treatment or diagnosis of a disease using a drug, device, or therapy that, at the time of distribution, is not used or is underused; or (V) research to identify new biomarkers; (ii) research that advances fundamental knowledge and technology even if it does not provide immediate or near-term clinical or therapeutic benefits, including research and technology that advances the understanding of biochemistry, biology, protein science, immunology, genetics, virology, microbiology, or neurology; (iii) research related to diseases that disproportionally account for Federal health care spending, including spending under the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of the Social Security Act, the State Children's Health Insurance Program under title XXI of the Social Security Act, the TRICARE program under chapter 55 of title 10, United States Code, and the hospital services and medical care provided through the Veterans' Administration under chapters 17 and 18 of title 38, United States Code, and tax credits made available through the amendments to the Internal Revenue Code of 1986 made by the Patient Protection and Affordable Care Act ( Public Law 111–148 ), such as research relating to— (I) diseases that disproportionally impact older individuals; (II) degenerative diseases; and (III) chronic conditions; and (iv) early career scientists by— (I) awarding research project grants that support discrete, specified, circumscribed projects to be performed by the investigator in an area representing the specific interests and competencies of such investigator, to investigators— (aa) who are within 10 years of completing a terminal research degree; or (bb) who are within 10 years of completing a medical residency; (II) awarding grants that support career development experiences that lead to earlier research independence; and (III) awarding grants that support innovative training programs that, in addition to scientific training, provide additional training to enhance employment opportunities, including training in management and business, to— (aa) graduate students; (bb) post-doctoral fellows; (cc) individuals within 10 years of completing a terminal research degree; or (dd) individuals within 10 years of completing a medical residency. (5) Annual reports (A) Secretary of health and human services Not later than 180 calendar days before the end of a fiscal year in which the Secretary has assessed supplemental payments under paragraph (2), the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, which shall include a description of supplemental payments assessed, collected, and distributed under this subsection for such fiscal year, and a list of the covered manufacturers that were assessed supplemental payments and the amount of such assessments. (B) FDA and NIH For each fiscal year in which amounts are distributed under paragraph (3), the Food and Drug Administration and the National Institutes of Health shall report on the use and impact of such amounts in the annual budget submission of such entity. . (b) Effect of failure To remit payment Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (ee) If it is a drug that is a covered blockbuster drug (as defined in section 301(i)(1) of the Public Health Service Act) for which any payment assessed under section 301(i)(2) of such Act has not been paid in accordance with such section, until such payment is made. . (c) Severability If any provision of this section, any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of the provisions of this section, the amendments made by this section, and the application of such provisions or amendments to any person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s5322is/xml/BILLS-117s5322is.xml |
117-s-5323 | II 117th CONGRESS 2d Session S. 5323 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Cornyn (for himself, Mr. Padilla , Mr. Tester , and Ms. Murkowski ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To amend title VI of the Social Security Act to allow States and local governments to use coronavirus relief funds provided under the American Rescue Plan Act for infrastructure projects, improve the Local Assistance and Tribal Consistency Fund, provide Tribal governments with more time to use Coronavirus Relief Fund payments, and for other purposes.
1. Short title This Act may be cited as the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act . 2. Authority to use coronavirus relief funds for infrastructure projects (a) In general Title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ), as amended by section 40909 of the Infrastructure Investment and Jobs Act, is amended— (1) in section 602— (A) in subsection (a)(1), by inserting (except as provided in subsection (c)(5)) after December 31, 2024 ; and (B) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking paragraph (3) and inserting paragraphs (3), (4), and (5) ; (II) by amending subparagraph (C) to read as follows: (C) for the provision of government services up to an amount equal to the greater of— (i) the amount of the reduction in revenue of such State, territory, or Tribal government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or (ii) $10,000,000; ; (III) in subparagraph (D), by striking the period at the end and inserting ; or ; and (IV) by adding at the end the following new subparagraph: (E) to provide emergency relief from natural disasters or the negative economic impacts of natural disasters, including temporary emergency housing, food assistance, financial assistance for lost wages, or other immediate needs. ; and (ii) by adding at the end the following new paragraph: (5) Authority to use funds for certain infrastructure projects (A) In general Subject to subparagraph (C), notwithstanding any other provision of law, a State, territory, or Tribal government receiving a payment under this section may use funds provided under such payment for projects described in subparagraph (B), including, to the extent consistent with guidance or rules issued by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to subparagraph (C)(iv)— (i) in the case of a project eligible under section 117 of title 23, United States Code, or section 5309 or 6701 of title 49, United States Code, to satisfy a non-Federal share requirement applicable to such a project; and (ii) in the case of a project eligible for credit assistance under the TIFIA program under chapter 6 of title 23, United States Code— (I) to satisfy a non-Federal share requirement applicable to such a project; and (II) to repay a loan provided under such program. (B) Projects described A project referred to in subparagraph (A) is any of the following: (i) A project eligible under section 117 of title 23, United States Code. (ii) A project eligible under section 119 of title 23, United States Code. (iii) A project eligible under section 124 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (iv) A project eligible under section 133 of title 23, United States Code. (v) An activity to carry out section 134 of title 23, United States Code. (vi) A project eligible under section 148 of title 23, United States Code. (vii) A project eligible under section 149 of title 23, United States Code. (viii) A project eligible under section 151(f) of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (ix) A project eligible under section 165 of title 23, United States Code. (x) A project eligible under section 167 of title 23, United States Code. (xi) A project eligible under section 173 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (xii) A project eligible under section 175 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (xiii) A project eligible under section 176 of title 23, United States Code, as added by the Infrastructure Investment and Jobs Act. (xiv) A project eligible under section 202 of title 23, United States Code. (xv) A project eligible under section 203 of title 23, United States Code. (xvi) A project eligible under section 204 of title 23, United States Code. (xvii) A project eligible under the program for national infrastructure investments (commonly known as the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant program ). (xviii) A project eligible for credit assistance under the TIFIA program under chapter 6 of title 23, United States Code. (xix) A project that furthers the completion of a designated route of the Appalachian Development Highway System under section 14501 of title 40, United States Code. (xx) A project eligible under section 5307 of title 49, United States Code. (xxi) A project eligible under section 5309 of title 49, United States Code. (xxii) A project eligible under section 5311 of title 49, United States Code. (xxiii) A project eligible under section 5337 of title 49, United States Code. (xxiv) A project eligible under section 5339 of title 49, United States Code. (xxv) A project eligible under section 6703 of title 49, United States Code, as added by the Infrastructure Investment and Jobs Act. (xxvi) A project eligible under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). (xxvii) A project eligible under the bridge replacement, rehabilitation, preservation, protection, and construction program under paragraph (1) under the heading highway infrastructure program under the heading Federal highway administration under the heading Department of Transportation under title VIII of division J of the Infrastructure Investment and Jobs Act. (C) Limitations; application of requirements (i) Limitation on amounts to be used for infrastructure projects (I) In general The total amount that a State, territory, or Tribal government may use from a payment made under this section for uses described in subparagraph (A) shall not exceed the greater of— (aa) $10,000,000; and (bb) 30 percent of such payment. (II) Rule of application The spending limitation under subclause (I) shall not apply to any use of funds permitted under paragraph (1), and any such use of funds shall be disregarded for purposes of applying such spending limitation. (ii) Limitation on operating expenses Funds provided under a payment made under this section shall not be used for operating expenses of a project described in clauses (xx) through (xxiv) of subparagraph (B). (iii) Application of requirements Except as otherwise determined by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to clause (iv) or provided in this section— (I) the requirements of section 60102 of the Infrastructure Investment and Jobs Act shall apply to funds provided under a payment made under this section that are used pursuant to subparagraph (A) for a project described in clause (xxvi) of subparagraph (B) that relates to broadband infrastructure; (II) the requirements of titles 23, 40, and 49 of the United States Code, title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq) shall apply to funds provided under a payment made under this section that are used for projects described in subparagraph (B); and (III) a State government receiving a payment under this section may use funds provided under such payment for projects described in clauses (i) through (xxvii) of subparagraph (B), as applicable, that— (aa) demonstrate progress in achieving a state of good repair as required by the State’s asset management plan under section 119(e) of title 23, United States Code; and (bb) support the achievement of 1 or more performance targets of the State established under section 150 of title 23, United States Code. (iv) Oversight The Secretary may delegate oversight and administration of the requirements described in clause (iii) to the appropriate Federal agency. (v) Supplement, not supplant Amounts from a payment made under this section that are used by a State, territory, or Tribal government for uses described in subparagraph (A) shall supplement, and not supplant, other Federal, State, territorial, Tribal, and local government funds (as applicable) otherwise available for such uses. (D) Reports The Secretary, in consultation with the Secretary of Transportation, shall provide periodic reports on the use of funds by States, territories, and Tribal governments under subparagraph (A). (E) Availability Funds provided under a payment made under this section to a State, territory, or Tribal government shall remain available for obligation for a use described in subparagraph (A) through December 31, 2024, except that no amount of such funds may be expended after September 30, 2026. ; and (2) in subsection 603— (A) in subsection (a), by inserting (except as provided in subsection (c)(6)) after December 31, 2024 ; and (B) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking paragraphs (3) and (4) and inserting paragraphs (3), (4), (5), and (6) ; (II) by amending subparagraph (C) to read as follows: (C) for the provision of government services up to an amount equal to the greater of— (i) the amount of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county to the emergency; or (ii) $10,000,000; ; (III) in subparagraph (D), by striking the period at the end and inserting ; or ; and (IV) by adding at the end the following new subparagraph: (E) to provide emergency relief from natural disasters or the negative economic impacts of natural disasters, including temporary emergency housing, food assistance, financial assistance for lost wages, or other immediate needs. ; and (ii) by adding at the end the following new paragraph: (6) Authority to use funds for certain infrastructure projects (A) In general Subject to subparagraph (B), notwithstanding any other provision of law, a metropolitan city, nonentitlement unit of local government, or county receiving a payment under this section may use funds provided under such payment for projects described in subparagraph (B) of section 602(c)(5), including, to the extent consistent with guidance or rules issued by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to subparagraph (B)(iv)— (i) in the case of a project eligible under section 117 of title 23, United States Code, or section 5309 or 6701 of title 49, United States Code, to satisfy a non-Federal share requirement applicable to such a project; and (ii) in the case of a project eligible for credit assistance under the TIFIA program under chapter 6 of title 23, United States Code— (I) to satisfy a non-Federal share requirement applicable to such a project; and (II) to repay a loan provided under such program. (B) Limitations; application of requirements (i) Limitation on amounts to be used for infrastructure projects (I) In general The total amount that a metropolitan city, nonentitlement unit of local government, or county may use from a payment made under this section for uses described in subparagraph (A) shall not exceed the greater of— (aa) $10,000,000; and (bb) 30 percent of such payment. (II) Rule of application The spending limitation under subclause (I) shall not apply to any use of funds permitted under paragraph (1), and any such use of funds shall be disregarded for purposes of applying such spending limitation. (ii) Limitation on operating expenses Funds provided under a payment made under this section shall not be used for operating expenses of a project described in clauses (xx) through (xxiv) of section 602(c)(5)(B). (iii) Application of requirements Except as otherwise determined by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to clause (iv) or provided in this section— (I) the requirements of section 60102 of the Infrastructure Investment and Jobs Act shall apply to funds provided under a payment made under this section that are used pursuant to subparagraph (A) for a project described in clause (xxvi) of section 602(c)(5)(B) that relates to broadband infrastructure; and (II) the requirements of titles 23, 40, and 49 of the United States Code, title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq) shall apply to funds provided under a payment made under this section that are used for projects described in section 602(c)(5)(B). (iv) Oversight The Secretary may delegate oversight and administration of the requirements described in clause (iii) to the appropriate Federal agency. (v) Supplement, not supplant Amounts from a payment made under this section that are used by a metropolitan city, nonentitlement unit of local government, or county for uses described in subparagraph (A) shall supplement, and not supplant, other Federal, State, territorial, Tribal, and local government funds (as applicable) otherwise available for such uses. (C) Reports The Secretary, in consultation with the Secretary of Transportation, shall provide periodic reports on the use of funds by metropolitan cities, nonentitlement units of local government, or counties under subparagraph (A). (D) Availability Funds provided under a payment made under this section to a metropolitan city, nonentitlement unit of local government, or county shall remain available for obligation for a use described in subparagraph (A) through December 31, 2024, except that no amount of such funds may be expended after September 30, 2026. . (b) Technical amendments Sections 602(c)(3) and 603(c)(3) of title VI of the Social Security Act ( 42 U.S.C. 802(c)(3) , 803(c)(3)) are each amended by striking paragraph (17) of . (c) Guidance and effective date (1) Guidance or rule Within 60 days of the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall issue guidance or promulgate a rule to carry out the amendments made by this section, including updating reporting requirements on the use of funds under this section. (2) Effective date The amendments made by this section shall take effect upon the issuance of guidance or the promulgation of a rule described in paragraph (1). (d) Department of the Treasury administrative expenses (1) Reduction of funds available for administrative expenses Title IV of division A of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) is amended— (A) in section 4003(f), by striking $100,000,000 and inserting 61,000,000 ; and (B) in section 4112(b), by striking $100,000,000 and inserting $67,000,000 . (2) Authority Notwithstanding any other provision of law, the unobligated balances from amounts made available to the Secretary of the Treasury (referred to in this subsection as the Secretary ) for administrative expenses pursuant to the provisions specified in paragraph (3) shall be available to the Secretary (in addition to any other appropriations provided for such purpose) for the purpose described in paragraph (4) (subject to the limitation in such paragraph) and for administrative expenses of the Department of the Treasury, except for the Internal Revenue Service, determined by the Secretary to be necessary to respond to the coronavirus emergency, including any expenses necessary to implement any provision of— (A) the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ); (B) division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); (C) the American Rescue Plan Act ( Public Law 117–2 ); or (D) title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ). (3) Provisions specified The provisions specified in this paragraph are the following: (A) Amounts made available under section 4027(a) of the Coronavirus Aid, Relief, and Economic Security Act ( 15 U.S.C. 9061(a) ) to pay costs and administrative expenses under section 4003(f) of such Act ( 15 U.S.C. 9042(f) )) and amounts made available by section 4120(a) of the Coronavirus Aid, Relief, and Economic Security Act ( 15 U.S.C. 9080 ) to pay costs and administrative expenses under section 4112(b) of such Act ( 15 U.S.C. 9072(b) ) (after application of the amendments made by paragraph (1) of this subsection). (B) Section 421(f)(2) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and 7301(b)(5) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ). (D) Section 602(a)(2) of the Social Security Act ( 42 U.S.C. 802(a)(2) ). (4) Payments to eligible revenue sharing consolidated governments Of amounts made available under paragraph (2), up to $10,600,000 shall be available to the Secretary (in addition to any other appropriations provided for such purpose) for making payments to eligible revenue sharing consolidated governments under subsection (g) of section 605 of the Social Security Act ( 42 U.S.C. 805 ), as added by section 3 of this Act. 3. Allowing payments to eligible revenue sharing consolidated governments from local assistance and tribal consistency fund (a) In general Section 605 of the Social Security Act ( 42 U.S.C. 805 ) is amended by adding at the end the following new subsection: (g) Payments to eligible revenue sharing consolidated governments (1) Payments to eligible revenue sharing consolidated governments for fiscal years 2023 and 2024 The Secretary shall allocate and pay to each eligible revenue sharing consolidated government for each of fiscal years 2023 and 2024 an amount equal to the amount that the Secretary would have allocated to such eligible revenue sharing consolidated government for fiscal year 2022 if all eligible revenue sharing consolidated governments had been treated as eligible revenue sharing counties for purposes of being eligible for payments under subsection (b)(1) for such fiscal year using the allocation methodology adopted by the Department of the Treasury for such eligible revenue sharing counties as of the date of enactment of this subsection. (2) Funding for payments (A) In general The Secretary shall make the allocations and payments described in paragraph (1) from the amounts described in subparagraph (B), which shall be available to the Secretary for such purpose notwithstanding any other provision of law. (B) Amounts described The amounts described in this subparagraph are the following: (i) Any amount allocated to an eligible revenue sharing county under subsection (b)(1) for fiscal year 2022 or 2023 that, as of January 31, 2023, has not been requested by such county. (ii) Amounts made available to the Secretary under section 2(d)(4) of the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act . . (b) Conforming amendments Section 605 of the Social Security Act ( 42 U.S.C. 805 ), as amended by subsection (a), is further amended— (1) in subsection (a), by inserting , subject to subsection (g), after obligated ; (2) in subsection (c), by striking or an eligible Tribal government and inserting , an eligible Tribal government, or an eligible revenue sharing consolidated government ; (3) in subsections (d) and (e), by inserting or eligible revenue sharing consolidated government after eligible revenue sharing county each place it appears; and (4) in subsection (f)— (A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) Eligible revenue sharing consolidated government The term eligible revenue sharing consolidated government means a county, parish, or borough— (A) that has been classified by the Bureau of the Census as an active government consolidated with another government; and (B) for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program. . 4. Extension of availability of coronavirus relief fund payments to Tribal governments Section 601(d)(3) of the Social Security Act ( 42 U.S.C. 801(d)(3) ) is amended by inserting (or, in the case of costs incurred by a Tribal government, during the period that begins on March 1, 2020, and ends on December 31, 2022) before the period. 5. Rescission of coronavirus relief and recovery funds declined by States, territories, or other governmental entities Title VI of the Social Security Act ( 42 U.S.C. 801 et seq. ) is amended by adding at the end the following new section: 606. Rescission of funds declined by States, territories, or other governmental entities (a) Rescission (1) In general Subject to paragraphs (2) and (3), if a State, territory, or other governmental entity provides notice to the Secretary of the Treasury in the manner provided by the Secretary of the Treasury that the State, territory, or other governmental entity intends to decline all or a portion of the amounts that are to be awarded to the State, territory, or other governmental entity from funds appropriated under this title, an amount equal to the unaccepted amounts or portion of such amounts allocated by the Secretary of the Treasury as of the date of such notice that would have been awarded to the State, territory, or other governmental entity shall be rescinded from the applicable appropriation account. (2) Exclusion Paragraph (1) shall not apply with respect to funds that are to be paid to a State under section 603 for distribution to nonentitlement units of local government. (3) Rules of construction Paragraph (1) shall not be construed as— (A) preventing a sub-State governmental entity, including a nonentitlement unit of local government, from notifying the Secretary of the Treasury that the sub-State governmental entity intends to decline all or a portion of the amounts that a State may distribute to the entity from funds appropriated under this title; or (B) allowing a State to prohibit or otherwise prevent a sub-State governmental entity from providing such a notice. (b) Use for deficit reduction Amounts rescinded under subsection (a) shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. (c) State or other governmental entity defined In this section, the term State, territory, or other governmental entity means any entity to which a payment may be made directly to the entity under this title other than a Tribal government, as defined in sections 601(g), 602(g), and 604(d), and an eligible Tribal government, as defined in section 605(f). . | https://www.govinfo.gov/content/pkg/BILLS-117s5323cps/xml/BILLS-117s5323cps.xml |
117-s-5324 | II 117th CONGRESS 2d Session S. 5324 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Kelly (for himself and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the FAA Reauthorization Act of 2018 to extend the existing aviation workforce development programs and provide grants to develop aviation manufacturing and supplier workforce, and for other purposes.
1. Short title This Act may be cited as the Aviation Workforce, Opportunity, Recruiting, Knowledge, and Supply Act or the Aviation WORKS Act . 2. Extension and expansion of aviation workforce development programs Section 625 of the FAA Reauthorization Act of 2018 ( 49 U.S.C. 40101 note) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (3) a program to provide grants for eligible projects— (A) to develop the aviation manufacturing and supplier workforce; or (B) to develop and support the education of workers who design or produce any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, that— (i) is produced under a production approval issued by the Federal Aviation Administration; (ii) has been issued a design approval by the Federal Aviation Administration; or (iii) has an active application for a design approval; and (4) a program to provide grants for eligible projects to plan, establish, and expand workforce development partnership programs in the aviation and aerospace industry sector. ; (2) in subsection (b)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following new paragraph: (2) Subsequent funding There is authorized to be appropriated— (A) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(1); (B) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(2); (C) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(3); and (D) $20,000,000 for each of fiscal years 2024 through 2028 to provide grants under the program established under subsection (a)(4). ; (3) in subsection (c), by adding at the end the following new paragraphs: (3) An application for a grant under the program established under subsection (a)(3) shall be submitted, in such form as the Secretary may specify, by— (A) an aviation company that actively designs or produces any aircraft, aircraft engine, propeller, or appliance, or a component, part, or system thereof, covered under Federal Aviation Administration design approval or application for design approval— (i) that— (I) operates a SAE AS9100-certified process related to the design, development, or provision of an aviation product or service, including a part, component or assembly; (II) holds or operates under a type or production certificate under section 44704 of title 49, United States Code, or similar authorization; or (III) has an active type certificate application accepted by the Federal Aviation Administration; or (ii) which— (I) is established, created, or organized in the United States or under the laws of the United States; and (II) has significant operations in the United States, and a majority of its employees engaged in aviation manufacturing or development activities and services, or aviation maintenance, repair, or overhaul activities and services based in the United States; or (B) an accredited institution of higher education (as such term is defined in paragraph (1)(B)) or a high school or a secondary school (as such terms are defined in such paragraph) that has or is working to establish an aviation manufacturing program. (4) An application for a grant under the program established under subsection (a)(4) shall— (A) be submitted, in such form as the Secretary may specify, by a partnership that— (i) is an industry or sector partnership (as such term is defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), or is in the process of establishing an industry or sector partnership; (ii) includes an air carrier (as such term is defined in paragraph (1)(A)), a flight school described in paragraph (1)(C), a holder of a certificate described in paragraph (2)(A), or an aviation company described in paragraph (3)(A); (iii) is comprised of multiple employers from the aviation and aerospace industry; (iv) may include not more than 1 entity that is a previous recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), but such entity may not serve as a fiscal agent (as described in subparagraph (B)); and (v) does not include an entity that is a current recipient of grant funding from any program established under paragraphs (1) through (3) of subsection (a), unless the application demonstrates that any grant funding currently received by the entity would expire or otherwise cease prior to the receipt of the grant funding under paragraph (4) of subsection (a); (B) designate a partner from within the partnership, or an intermediary which may be a State or local workforce board or an accredited institution of higher education (as such term is defined in paragraph (1)(B)), to serve as the fiscal agent for the grant; and (C) instruct the fiscal agent designated under subparagraph (B) to, as appropriate— (i) receive funds; (ii) ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with Federal Aviation Administration regulations; (iii) respond to audit financial findings; (iv) maintain proper accounting records and documentation; and (v) prepare financial reports. ; (4) in subsection (d)— (A) in paragraph (2), in the matter preceding subparagraph (A), by striking pilot ; and (B) by adding at the end the following new paragraphs: (3) For purposes of the program established under subsection (a)(3), an eligible project is a project— (A) to establish or support educational programs that teach technical skills used in aviation manufacturing, including the production of components, parts, or systems thereof for inclusion in an aircraft, aircraft engine, propeller, or appliance; (B) to establish scholarships, internships, or apprenticeships for individuals pursuing employment in the aviation manufacturing industry; (C) to support outreach about careers in the aviation manufacturing industry to— (i) primary, secondary, and post-secondary school students; or (ii) to communities underrepresented in the industry; (D) to support educational opportunities related to aviation manufacturing in economically disadvantaged geographic areas; (E) to support transition to careers in aviation manufacturing, including for members of the Armed Forces; or (F) to otherwise enhance aviation manufacturing technical education or the aviation manufacturing industry workforce. (4) For purposes of the program established under subsection (a)(4), an eligible project is a project— (A) to carry out planning and partner development activities, which may include— (i) convening key stakeholders as identified in the application process to establish or expand educational programs that teach technical skills used in pilot training, aviation maintenance, or aviation manufacturing; (ii) conducting outreach to local businesses and business associations, including activities to increase marketing and activity visibility within the community; (iii) conducting an evaluation of workforce needs in the local area; (iv) conducting survey and planning activities for partnership-related infrastructure needs; or (v) recruiting veterans of military service and individuals with barriers to employment; (B) to provide career services as described in section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(2)(A) ); (C) to provide training services as described in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(3)(D) ); or (D) to provide services to support the success and retention of individuals who are participating in any training program established under subsection (a)(4). ; and (5) in subsection (e)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2)— (i) by striking subsection (a)(1) and inserting paragraph (1) or (2) of subsection (a) ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (3) ensure that the applications selected for projects established under subsection (a)(4) will allow participation from major and regional air carriers and a diverse collection of industry partners. . | https://www.govinfo.gov/content/pkg/BILLS-117s5324is/xml/BILLS-117s5324is.xml |
117-s-5325 | II 117th CONGRESS 2d Session S. 5325 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Cornyn (for himself and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to direct the Secretary of Health and Human Services to develop best practices for the establishment and use of behavioral intervention teams at schools, and for other purposes.
1. Short title This Act may be cited as the Behavioral Intervention Guidelines Act of 2022 . 2. Best practices for behavioral and mental health intervention teams The Public Health Service Act is amended by inserting after section 520G of such Act ( 42 U.S.C. 290bb–38 ) the following new section: 520H. Best practices for behavioral and mental health intervention teams (a) In general The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, shall submit to the Health, Education, Labor, and Pensions Committee of the Senate and the Energy and Commerce Committee of the House of Representatives a report that identifies best practices related to using behavioral and mental health intervention teams, which may be used to assist elementary schools, secondary schools, and institutions of higher education interested in voluntarily establishing and using such teams to support students exhibiting behaviors interfering with learning at school or who are at risk of harm to self or others. (b) Elements The report under subsection (a) shall assess evidence supporting such best practices and, as appropriate, include consideration of the following: (1) How behavioral and mental health intervention teams might operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights and privacy of individuals. (2) The use of behavioral and mental health intervention teams— (A) to identify and support students exhibiting behaviors interfering with learning or posing a risk of harm to self or others; and (B) to implement evidence-based interventions to meet the behavioral and mental health needs of such students. (3) How behavioral and mental health intervention teams can— (A) access evidence-based professional development to support students described in paragraph (2)(A); and (B) ensure that such teams— (i) are composed of trained, diverse stakeholders with expertise in child and youth development, behavioral and mental health, and disability; and (ii) use cross validation by a wide-range of individual perspectives on the team. (4) How behavioral and mental health intervention teams can help mitigate inappropriate referral to mental health services or law enforcement by implementing evidence-based interventions that meet student needs. (c) Consultation In carrying out subsection (a), the Secretary shall consult with— (1) the Secretary of Education; (2) the Director of the National Threat Assessment Center of the United States Secret Service; (3) the Attorney General; (4) teachers (which shall include special education teachers), principals and other school leaders, school board members, behavioral and mental health professionals (including school-based mental health professionals), and parents of students; (5) local law enforcement agencies and campus law enforcement administrators; (6) privacy, disability, and civil rights experts; and (7) other education and mental health professionals as the Secretary deems appropriate. (d) Publication The Secretary shall publish the report under subsection (a) in an accessible format on the internet website of the Department of Health and Human Services. (e) Definitions In this section: (1) The term behavioral and mental health intervention team means a multidisciplinary team of trained individuals who— (A) are trained to identify and assess the behavioral health needs of children and youth and who are responsible for identifying, supporting, and connecting students exhibiting behaviors interfering with learning at school, or who are at risk of harm to self or others, with appropriate behavioral health services; and (B) develop and facilitate implementation of evidence-based interventions to— (i) mitigate the threat of harm to self or others posed by a student described in subparagraph (A); (ii) meet the mental and behavioral health needs of such students; and (iii) support positive, safe, and supportive learning environments. (2) The terms elementary school , parent , and secondary school have the meanings given to such terms in section 8101 of the Elementary and Secondary Education Act of 1965. (3) The term institution of higher education has the meaning given to such term in section 102 of the Higher Education Act of 1965. . | https://www.govinfo.gov/content/pkg/BILLS-117s5325is/xml/BILLS-117s5325is.xml |
117-s-5326 | II 117th CONGRESS 2d Session S. 5326 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Klobuchar (for herself, Ms. Smith , Mr. Luján , Mr. Wyden , Mr. Murphy , Mr. Padilla , Mr. Merkley , Mr. Bennet , Mr. Whitehouse , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To modify certain notice requirements, to study certain election requirements, to clarify certain election requirements, and for other purposes.
1. Short title This Act may be cited as the Expanding the Voluntary Opportunities for Translations in Elections Act or the Expanding the VOTE Act . 2. Language minority notice requirements Section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ) is amended— (1) by redesignating subsection (e) as subsection (g); and (2) by inserting after subsection (d) the following new subsections: (e) Responsibility of States providing voting materials in covered political subdivisions The prohibition under subsection (b) shall apply to any State that provides voting materials to a political subdivision subject to such prohibition. (f) Notice The Attorney General shall submit a notice of the prohibition of subsection (b), and the threshold at which such prohibition applies, to each State or political subdivision that is— (1) below the threshold requirement under subclause (II) of subsection (b)(2)(A)(i) by not more than 1,000; or (2) below the threshold requirement under subclause (I) or (III) of subsection (b)(2)(A)(i) by not more than 0.5 percent. . 3. Provisions related to American Indian and Alaska Native languages Section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ), as amended by section 2, is further amended— (1) in subsection (b)(3)(C), by striking 1990 and inserting most recent ; and (2) by striking subsection (c) and inserting the following: (c) Provision of voting materials in the language of a minority group (1) In general Subject to paragraph (2), whenever any State or political subdivision subject to the prohibition of subsection (b), provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language. (2) Exceptions (A) When written American Indian and Alaska Native translations for voters are not required In the case of a minority group that is American Indian or Alaska Native, if the Tribal government of that minority group has notified the Attorney General that the language is unwritten or the Tribal government does not want a written translation, a State or political subdivision subject to the prohibition of subsection (b) shall only be required to furnish that minority group, in the covered language, oral instructions, assistance, translation of voting materials, and other information relating to registration and voting. (B) Other minority groups with unwritten language In the case of a minority group that is not American Indian or Alaska Native, if the language of that minority group is unwritten, a State or political subdivision subject to the prohibition of subsection (b) shall only be required to furnish that minority group, in the covered language, oral instructions, assistance, translation of voting materials, and other information relating to registration and voting. (3) Written translations for election workers Notwithstanding paragraph (2), a State or political division subject to the prohibition of subsection (b) shall provide written translations of all voting materials, with the consent of any applicable Tribal government, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform. (4) Tribal government defined In this subsection, the term Tribal government means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of the Expanding the VOTE Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). . 4. Grants to jurisdictions to incentivize the provision of voting materials in languages not triggering Section 203 coverage in applying jurisdiction (a) Availability of grants (1) In general The Election Assistance Commission (in this section, referred to as the Commission ) shall make incentive grants under subsection (b) to States and political subdivisions to assist the States and political subdivisions in providing voting materials during an election cycle in the language of a covered language minority group. (2) Application required In order to receive a grant under this section, a State or political subdivision shall submit to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require, such as a plan for the State or political subdivision to engage stakeholders with a demonstrated experience of serving the relevant covered language minority group. (b) Incentive grants (1) Use of funds The Commission shall make an incentive grant under this subsection to a State or political subdivision to cover the reasonable costs incurred by the State or political subdivision in providing voting materials in the language of a covered language minority group for an election cycle. (2) Continuation of provision of materials for groups in succeeding election cycles If a State or political subdivision receives an incentive grant with respect to a covered language minority group for an election cycle, the State or political subdivision will certify to the Commission that the State or political subdivision will continue to provide voting materials in the language of that covered language minority group for each succeeding election cycle unless the population of the group during the succeeding cycle has dropped by 0.5 percent or more from the population of the group during the first election cycle for which the State or political subdivision received an incentive grant with respect to the group. (3) Prohibiting multiple grants for same language minority group If a State or political subdivision receives an incentive grant with respect to a covered language minority group, the State or subdivision may not receive another incentive grant with respect to that same covered language minority group. (c) Definitions In this section— (1) the term covered language minority group — (A) means, with respect to a State or political subdivision, the members of a single language minority who do not meet the requirements of clause (i) or (ii) of section 203(b)(2)(A) of the Voting Rights Act of 1965 ( 52 U.S.C. 10503(b)(2)(A) ); and (B) includes the language minorities described in section 203(g) of such Act ( 52 U.S.C. 10503(g) ) and any other language minority; (2) the term election cycle means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the next regularly scheduled general election for Federal office; (3) the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands; and (4) the term voting materials has the meaning given under section 203(b)(3)(A) of the Voting Rights Act of 1065 ( 52 U.S.C. 10503(b)(3)(A) ). (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $15,000,000, to remain available until expended. 5. Study on certain language minority notice requirements (a) In general The Comptroller General of the United States, in consultation with the Director of the Census, the Attorney General, and the Election Assistance Commission, shall conduct a study on the impact of— (1) reducing the threshold requirement— (A) under subclause (II) of section 203(b)(2)(A)(i) of the Voting Rights Act of 1965 ( 52 U.S.C. 10503(b)(2)(A)(i) ) to 7,500 and 5,000, respectively; and (B) under subclause (I) or (III) of section 203(b)(2)(A)(i) of the Voting Rights Act of 1965 ( 52 U.S.C. 10503(b)(2)(A)(i) ) to 4 percent, 3 percent, 2.5 percent, and 2 percent, respectively; and (2) expanding the definition of the term language minorities to include native speakers of Arabic, French and Haitian Creole, and any other language that the Comptroller General determines to be appropriate. (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the findings of the study conducted under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s5326is/xml/BILLS-117s5326is.xml |
117-s-5327 | II 117th CONGRESS 2d Session S. 5327 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mrs. Feinstein (for herself, Mr. Marshall , Mrs. Gillibrand , Ms. Baldwin , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the National Task Force on the Response of the United States to the COVID–19 Pandemic.
1. Short title This Act may be cited as the National Task Force on the COVID-19 Pandemic Act . 2. Comprehensive review of the COVID–19 response (a) Establishment of task force There is established in the legislative branch a task force to be known as the National Task Force on the Response of the United States to the COVID–19 Pandemic (referred to in this section as the Task Force ). (b) Purposes The purposes of the Task Force are to— (1) examine, assess, and report upon the United States preparedness for, and response to, the COVID–19 pandemic, including— (A) the initial Federal, State, local, and territorial responses in the United States; (B) the ongoing Federal, State, local, and territorial responses in the United States, including the activities, policies, and decisions of the Trump Administration and the Biden Administration; (C) the impact of the pandemic on public health and health care systems; and (D) the initial outbreak in Wuhan, China, including efforts to determine the potential causes for the emergence of the SARS–CoV–2 virus, and Federal actions to mitigate its spread internationally; (2) build upon existing or ongoing evaluations and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of other appropriate task forces, committees, commissions, or entities established by other public or nonprofit private entities related to the United States preparedness for, and response to, the COVID–19 pandemic; (3) identify gaps in public health preparedness and medical response policies, processes, and activities, including disparities in COVID–19 infection and mortality rates among people of color, older adults, people with disabilities, and other vulnerable or at-risk groups, and how such gaps impacted the ability of the United States to respond to the COVID–19 pandemic; and (4) submit a report to the President and to Congress on its findings, conclusions, and recommendations to improve the United States preparedness for, and response to, future public health emergencies, including a public health emergency resulting from an emerging infectious disease. (c) Composition of Task Force; meetings (1) Members The Task Force shall be composed of 12 members, of whom— (A) 1 member shall be appointed by the majority leader of the Senate; (B) 1 member shall be appointed by the minority leader of the Senate; (C) 2 members shall be appointed by the chair of the Committee on Health, Education, Labor, and Pensions of the Senate; (D) 2 members shall be appointed by the ranking member of the Committee on Health, Education, Labor, and Pensions of the Senate; (E) 1 member shall be appointed by the Speaker of the House of Representatives; (F) 1 member shall be appointed by the minority leader of the House of Representatives; (G) 2 members shall be appointed by the chair of the Committee on Energy and Commerce of the House of Representatives; and (H) 2 members shall be appointed by the ranking member of the Committee on Energy and Commerce of the House of Representatives. (2) Chair and vice chair Not later than 30 days after the date on which all members of the Task Force are appointed under paragraph (1), such members shall meet to elect a Chair and Vice Chair from among such members. The Chair and Vice Chair shall each be elected to serve upon an affirmative vote from not less than 8 members of the Task Force. The Chair and Vice Chair shall not be registered members of the same political party. (3) Qualifications (A) Political party affiliation Not more than 6 members of the Task Force shall be registered members of the same political party. (B) Nongovernmental appointees An individual appointed to the Task Force may not be an officer or employee of the Federal Government or any State, local, Tribal, or territorial government. (C) Qualifications It is the sense of Congress that individuals appointed to the Task Force should be highly qualified citizens of the United States. Members appointed under paragraph (1) may include individuals with expertise in— (i) public health, health disparities and at-risk populations, medicine, and related fields; (ii) State, local, Tribal, or territorial government, including public health and medical preparedness and response and emergency management and other relevant public administration; (iii) research regarding, or the development, manufacturing, distribution, and regulation of, medical products; (iv) national security and foreign relations, including global health; and (v) commerce, including transportation, supply chains, and small business. (4) Deadline for appointment All members of the Task Force shall be appointed not later than 90 days after the date of enactment of this Act. (5) Meetings The Task Force shall meet and begin the operations of the Task Force as soon as practicable. After its initial meeting, the Task Force shall meet upon the call of the Chair and Vice Chair or not less than 8 of its members. (6) Quorum; vacancies (A) Quorum Eight members of the Task Force shall constitute a quorum. (B) Vacancies Any vacancy in the Task Force shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Functions of Task Force The functions of the Task Force are to— (1) conduct a review that— (A) examines the initial outbreak of the SARS–CoV–2 virus in Wuhan, China, including— (i) engaging with willing partner governments and global experts; (ii) seeking access to relevant records; and (iii) examining the potential causes of the emergence and source of the virus; (B) examines the United States preparation for, and response to, the COVID–19 pandemic, including— (i) relevant laws, policies, regulations, and processes that were in place prior to, or put into place during, the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19, including any that are put into place related to such public health emergency after the date of enactment of this Act and prior to the issuance of the final report pursuant to subsection (j)(2); (ii) relevant actions taken by, and coordination between, Federal, State, local, Tribal, and territorial governments, nongovernmental organizations, and international organizations on preparedness and response efforts, including coordination between governments and other public and private entities, during the— (I) initial response in the United States; (II) response during the Trump Administration; and (III) ongoing response during the Biden Administration; (iii) communication of public health and scientific information related to the COVID–19 pandemic, including processes for the development, approval, and dissemination of Federal public health and other relevant public health or scientific guidance; and (iv) actions taken to support the development, manufacturing, and distribution of medical countermeasures and related medical supplies to prevent, detect, and treat COVID–19; and (C) may include assessments relating to— (i) the capacity and capabilities of Federal, State, local, Tribal, and territorial governments to respond to the COVID–19 pandemic; (ii) the capacity and capabilities of health care facilities and the health care workforce to respond to the COVID–19 pandemic; (iii) medical countermeasure research and development and the supply chains of medical products necessary to respond to the COVID–19 pandemic; (iv) international preparedness for and response to COVID–19, and Federal decision-making processes related to new global health threats; (v) containment and mitigation measures related to domestic and international travel in response to COVID–19; and (vi) the impact of the COVID–19 pandemic and related mitigation efforts on hard-to-reach and at-risk or underserved populations, including related health disparities; (2) identify, review, and evaluate the lessons learned from the COVID–19 pandemic, including activities to prepare for, and respond to, future potential pandemics and related public health emergencies; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Task Force shall determine. (e) Powers of Task Force (1) Hearings The Task Force may— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence as determined by the Chair and Vice Chair, and administer such oaths as the Task Force or a designated member, as determined by the Chair or Vice Chair, may determine advisable to be necessary to carry out the functions of the Task Force; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the person described in paragraph (2)(A)(i) may determine advisable. (2) Subpoenas (A) Issuance (i) In general A subpoena may be issued under this subsection only— (I) by the agreement of the Chair and the Vice Chair; or (II) by the affirmative vote of not less than 9 members of the Task Force. (ii) Signature Subpoenas issued under this subsection may be issued under the signature of the Chair or any member designated by a majority of the Task Force, and may be served by any person designated by the Chair or by a member designated by agreement of the majority of the Task Force. (B) Enforcement In the case of contumacy or failure to obey a subpoena issued under subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (3) Contracting The Task Force may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Task Force to discharge its duties under this Act. (4) Information from federal agencies (A) In general The Task Force may access from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, such information, documents, suggestions, estimates, and statistics as the Task Force considers necessary to carry out this section. (B) Provision of information On written request of the Chair, each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, provide such information to the Task Force. (C) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Task Force and its staff consistent with all applicable statutes, regulations, and executive orders. (5) Assistance from Federal agencies (A) General services administration On request of the Chair and Vice Chair, the Administrator of the General Services Administration shall provide to the Task Force, on a reimbursable basis, administrative support and other assistance necessary for the Task Force to carry out its duties. (B) Other departments and agencies In addition to the assistance provided for in subparagraph (A), departments and agencies of the United States may provide to the Task Force such assistance as such departments and agencies may determine advisable and as authorized by law. (6) Donations The Task Force may accept, use, and dispose of gifts or donations of services or property. Not later than 5 days after the acceptance of a donation under this subsection, the Task Force shall publicly disclose— (A) the name of the entity that provided such donation; (B) the service or property provided through such donation; (C) the value of such donation; and (D) how the Task Force plans to use such donation. (7) Postal services The Task Force may use the United States mails in the same manner and under the same conditions as a department or agency of the United States. (f) Applicability of Federal Advisory Committee Act (1) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Task Force. (2) Public meetings and release of public versions of reports The Task Force shall— (A) hold public hearings and meetings to the extent appropriate; and (B) release public versions of the reports required under paragraphs (1) and (2) of subsection (j). (3) Public hearings Any public hearings of the Task Force shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Task Force as required by any applicable statute, regulation, or Executive order. (g) Staff of Task Force (1) In general (A) Appointment and compensation The Chair of the Task Force, in agreement with the Vice Chair, in accordance with rules agreed upon by the Task Force, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Task Force to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (B) Personnel as Federal employees (i) In general The staff director and any personnel of the Task Force who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (ii) Members of task force Clause (i) shall not be construed to apply to members of the Task Force. (2) Detailees Upon request of the Chair and Vice Chair of the Task Force, the head of any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government employee may detail, without reimbursement, any of its personnel to the Task Force to assist in carrying out its duties under this section. Any such detailee shall be without interruption or loss of civil service status or privilege. (3) Consultant services The Task Force is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (h) Compensation and travel expenses Each member of the Task Force shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code. (i) Security clearances for task force members and staff The appropriate Federal agencies or departments shall cooperate with the Task Force in expeditiously providing to the Task Force members and staff appropriate security clearances, consistent with existing procedures and requirements. No person shall be provided with access to classified information under this section without the appropriate security clearances. (j) Reports of Task Force; termination (1) Interim report Not later than 180 days after the date of enactment of this Act, the Task Force shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives an interim report containing such findings, conclusions, and recommendations as have been agreed to by not less than 8 members of the Task Force. Such interim report shall be made available online in a manner that does not compromise national security. (2) Final Report (A) In general Not later than 18 months after the date on which the last member of the Task Force is appointed, the Task Force shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a final report containing such findings, conclusions, and recommendations as have been agreed to by not less than 8 members of the Task Force. The final report shall be made available online in a manner that does not compromise national security. (B) Extensions (i) In general The submission and publication of the final report, as described in subparagraph (A), may be delayed by 6 months upon the agreement of not less than 8 members of the Task Force. (ii) Notification The Task Force shall notify the President, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the public of any extension granted under clause (i). (C) Special rules and considerations (i) Rule of construction Nothing in this subsection shall be construed as authorizing the Task Force to publicly disclose information otherwise prohibited from disclosure by law. (ii) Special timing considerations Notwithstanding any other provision of this section, the Task Force shall not publish or make available any interim or final report during the 60-day periods ending November 5, 2024, and November 3, 2026. (3) Termination (A) In general The Task Force, and all the authorities of this section, shall terminate 60 days after the date on which the final report is submitted under paragraph (2). (B) Administrative activities before termination The Task Force may use the 60-day period referred to in subparagraph (A) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. (k) Funding (1) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this Act. (2) Duration of availability Amounts made available to the Task Force under paragraph (1) shall remain available until the termination of the Task Force. | https://www.govinfo.gov/content/pkg/BILLS-117s5327is/xml/BILLS-117s5327is.xml |
117-s-5328 | One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 5328 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Farm Security and Rural Investment Act of 2002 to extend terminal lakes assistance.
1. Terminal lakes assistance Section 2507(f) of the Farm Security and Rural Investment Act of 2002 ( 16 U.S.C. 3839bb–6(f) ) is amended by striking 2023 and inserting 2025 .
Speaker of the House of Representatives Vice President of the United States and President of the Senate | https://www.govinfo.gov/content/pkg/BILLS-117s5328enr/xml/BILLS-117s5328enr.xml |
117-s-5329 | II 117th CONGRESS 2d Session S. 5329 IN THE SENATE OF THE UNITED STATES December 20, 2022 Mr. Blumenthal introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To amend the Bill Emerson Good Samaritan Food Donation Act to improve the program, and for other purposes.
1. Bill Emerson Good Samaritan Food Donation Act The Bill Emerson Good Samaritan Food Donation Act ( 42 U.S.C. 1791 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by inserting or is charged a good Samaritan reduced price before the period at the end; (B) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; (C) by inserting after paragraph (5) the following: (6) Good Samaritan reduced price The term good Samaritan reduced price means, with respect to the price of an apparently wholesome food or apparently fit grocery product, a price that is an amount not greater than the cost of handling, administering, harvesting, processing, packaging, transporting, and distributing the apparently wholesome food or apparently fit grocery product. ; and (D) by adding at the end the following: (12) Qualified direct donor The term qualified direct donor means a retail grocer, wholesaler, agricultural producer, agricultural processor, agricultural distributor, restaurant, caterer, school food authority, or institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )). ; and (2) in subsection (c)— (A) in paragraphs (1) and (2), by inserting at zero cost or at a good Samaritan reduced price after needy individuals each place it appears; (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting after paragraph (2) the following: (3) Direct donations to needy individuals A qualified direct donor shall not be subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the qualified direct donor donates in good faith to a needy individual at zero cost. ; and (D) in paragraph (4) (as so redesignated), by striking and (2) and inserting , (2), and (3) . | https://www.govinfo.gov/content/pkg/BILLS-117s5329cps/xml/BILLS-117s5329cps.xml |
117-s-5330 | II 117th CONGRESS 2d Session S. 5330 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Cardin introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect stateless persons in the United States, and for other purposes.
1. Short title This Act may be cited as the Stateless Protection Act of 2022 . 2. Purposes The purposes of this Act are— (1) to resolve the status of stateless persons in the United States and to promote their access to fundamental human rights and human dignity; and (2) to prevent statelessness from occurring under United States law or on United States territory. 3. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) The international community has recognized the significance of the right to a nationality in the International Covenant on Civil and Political Rights, done at New York December 16, 1966, to which the United States is a signatory, as well as the Universal Declaration of Human Rights and numerous international treaties, including the Convention Relating to the Status of Stateless Persons, done at New York September 28, 1954, and the Convention on the Reduction of Statelessness, done at New York August 30, 1961. (2) Statelessness is an abhorrent violation of fundamental human rights and human dignity, and a life of statelessness has been recognized by the Supreme Court of the United States as a form of punishment more primitive than torture. (3) Government action and inaction causes statelessness; therefore, governments have the power to resolve and prevent statelessness. (4) The United Nations High Commissioner for Refugees— (A) is the United Nations agency responsible for preventing and reducing statelessness; and (B) estimates that there are more than 4,200,000 stateless persons worldwide. (5) A 2020 study found that there are approximately 218,000 individuals living in the United States who are stateless or at risk of statelessness. (6) Stateless individuals live in all 50 States, and many such individuals have lived in the United States for years or decades without relief. (7) Despite the presence of stateless persons in the United States, there is no law relating to the identification of stateless persons in the United States or to provide them with a path to legal status. (8) Stateless persons generally— (A) live without the means to work legally or to travel; and (B) face barriers in opening bank accounts, pursuing higher education, and obtaining health care. (9) If detained for removal from the United States, a stateless person is often subjected to prolonged detention and cannot be removed because no country recognizes the person as its citizen. (b) Sense of Congress It is the sense of Congress that to resolve statelessness and its related human suffering, lost potential, and societal impacts, the United States should— (1) provide a legal status to protect stateless persons; and (2) urge the international community to take strong action to prevent statelessness globally. 4. Protection of stateless persons in the United States (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: 245B. Protection of stateless persons in the United States (a) Definitions In this section: (1) Competent authority With respect to a foreign country, the term competent authority — (A) means the authority responsible for— (i) conferring nationality on, or withdrawing nationality from, individuals; or (ii) in the case of nationality having been acquired or withdrawn automatically, clarifying the nationality status of an individual; and (B) includes a Federal, local, or regional government entity, a consular official, and a government official at any level, notwithstanding any process by which a decision by such an entity or official may later be overridden. (2) National; nationality The terms national and nationality — (A) refer to a formal link, of a political and legal character, between an individual and a country; and (B) do not include the concept of nationality relating to membership in a religious, linguistic, or ethnic group. (3) Noncitizen The term noncitizen has the meaning given the term alien in section 101(a). (4) Operation of law; operation of its law The terms operation of law and operation of its law — (A) refer to the consideration by a competent authority of a country with respect to an individual in practice, including under the legislation, ministerial decrees, regulations, orders, judicial case law, and customary practices of the competent authority; and (B) include situations in which the position of the competent authority differs from the law as written, if the position of the competent authority that an individual is not a national of the country is determinative. (5) Relevant association The term relevant association means a natural person’s connection to a country through— (A) birth on the territory of the country; (B) descent from 1 or more individuals who are nationals of the country; (C) marriage to an individual who is a national of the country; (D) adoption by an individual who is a national of the country; or (E) habitual residence in the country. (6) Stateless person The term stateless person means an individual who is not considered as a national by any state under the operation of its law. (b) Mechanisms for regularizing the status of stateless persons (1) Stateless protected status (A) Principal applicants Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is a stateless person present in the United States; (ii) applies for such relief; (iii) has not formally renounced his or her nationality as a result of voluntary, affirmative, and intentional action after arrival in the United States and after the date of the enactment of this section, unless the renunciation was the result of duress, coercion, or a reasonable expectation that the noncitizen had acquired or would acquire another nationality or citizenship; (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (B) Treatment of spouse and children Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is the spouse or child of a noncitizen described in subparagraph (A), if such spouse or child is not otherwise eligible for admission under that subparagraph; (ii) is accompanying, or following to join, such noncitizen; (iii) established the qualifying relationship to such noncitizen before the date on which such noncitizen applied for stateless protected status; (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (C) Stateless protected status Noncitizens with stateless protected status— (i) shall— (I) receive relevant protections against deportation, removal, and detention, as described in paragraph (3); (II) be authorized for employment, as described in paragraph (4); and (III) be eligible to apply for a travel document, as described in paragraph (5); and (ii) shall not face limitations from immigration enforcement officials on their domestic travel. (D) Concurrent grant of lawful permanent residence (i) In general Except as provided in clause (ii), notwithstanding any other provision of law, immediately on granting stateless protected status to a noncitizen, the Secretary of Homeland Security shall adjust the status of the noncitizen to that of a noncitizen lawfully admitted for permanent residence. (ii) Exception The Secretary of Homeland Security may not adjust the status of a noncitizen with stateless protected status who is inadmissible under section 212(a)(2). (2) Waivers (A) In general Notwithstanding any other provision of law, the Secretary of Homeland Security may, for humanitarian purposes, in the interests of access to fundamental or enabling rights, to ensure family unity, or when it is otherwise in the public interest, waive the operation of the grounds of inadmissibility set forth in paragraphs (2) and (3) of section 212(a), for relief under this section. (B) Factors In making a determination under subparagraph (A), the Secretary of Homeland Security shall consider all relevant factors, including— (i) mitigating and aggravating factors of the basis for inadmissibility; (ii) the duration of the noncitizen’s residence in the United States; and (iii) the degree to which the noncitizen’s removal, or denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (3) Release from post-removal detention A grant of stateless protected status under this section shall— (A) trigger immediate release of an individual from post-removal detention; (B) be considered to establish that there is no significant likelihood of the individual's removal in the reasonably foreseeable future; and (C) establish a presumption that travel documents are not available for the individual. (4) Employment authorization (A) In general An individual granted stateless protected status under this section shall receive employment authorization for a renewable period not less than 5 years. (B) Pending application (i) In general During the 150-day period after the date on which an application for status under this section is submitted, the Secretary of Homeland Security may authorize the applicant to engage in employment in the United States. (ii) Mandatory employment authorization If the Secretary of Homeland Security has not issued a decision within the 150-day period beginning on the date on which an application for status under this section is submitted, the Secretary of Homeland Security shall authorize the applicant to engage in employment in the United States until the date on which a decision is issued on the application for lawful permanent residence or stateless protected status. (5) Travel documents (A) In general On request, the Secretary of Homeland Security shall provide to any noncitizen granted relief under this section, a travel document that facilitates the noncitizen’s ability to travel abroad and to be admitted to the United States upon return. (B) Validity The minimum period of validity for a document issued under subparagraph (A) shall be 10 years. (6) Naturalization Notwithstanding any other provision of law, an individual granted lawful permanent residence status under paragraph (1)(D) may apply for naturalization after having resided continuously in the United States for at least 3 years beginning on the date on which such individual is granted lawful permanent resident status. (c) Evidentiary matters (1) In general In determining if an individual is a stateless person under this section, the Secretary of Homeland Security shall consider and obtain any credible evidence relevant to the application, including information from— (A) the Department of State, particularly the Bureau of Population, Refugees, and Migration and the Bureau of Democracy, Human Rights, and Labor; and (B) relevant international and foreign bodies, such as the United Nations High Commissioner for Refugees, nongovernmental organizations, and the competent authorities of other countries. (2) Designation of specific groups of stateless persons The Secretary of Homeland Security, in consultation with the Secretary of State, may designate 1 or more specific groups of individuals who shall be considered stateless persons for purposes of this section, and a noncitizen who belongs to a group so designated shall be considered a stateless person. (3) Burden of proof The burden of proof with respect to evidentiary matters relating to an application under this section shall be shared between the Secretary of Homeland Security and the applicant. (4) Standard of proof (A) In general A noncitizen shall be considered to be a stateless person if it is established to a reasonable degree that the noncitizen meets the definition of the term stateless person under this section. (B) Assessment of nationality The nationality of an individual shall be assessed as of the date on which a determination of eligibility under this section is made. (5) Submission of documentary evidence (A) Supporting documents from applicant An applicant for relief under this section shall submit, as part of the application for such relief— (i) a full and truthful account, to the best of the noncitizen’s knowledge, of such noncitizen’s legal status with regard to any country in which the applicant was born or resided before entering the United States or to which the applicant has a relevant association; and (ii) all evidence reasonably available, including any valid or expired travel document. (B) Evidence available to secretary of homeland security The Secretary of Homeland Security shall obtain and submit to the immigration officer or immigration judge and the applicant or, as applicable, the applicant’s counsel, all available evidence regarding the legal status of the applicant in the applicant’s country of birth or prior residence or any country to which the applicant has a relevant association, including information on the relevant laws and practices of the countries concerned. (C) Consideration of response The Secretary of Homeland Security may consider as substantial evidence that an individual is not considered by a country to be national of the country the following: (i) After 120 days have elapsed after the Secretary of Homeland Security has requested information from the country with respect to the nationality status of the individual, the lack of response from the competent authority of the country. (ii) A pro forma response from the country that lacks an application of the law or facts to the particular individual. (iii) The refusal of the country to accept the individual for deportation or removal. (d) Fees The Secretary of Homeland Security may not charge a noncitizen any fee in connection with an application for, or issuance of, lawful status under this section, employment authorization, or travel documents. (e) Jurisdiction and review (1) In general The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over an application for stateless protected status and adjustment of status filed by a noncitizen under this section. (2) Review A denial by the Secretary of Homeland Security of an application for relief under this section shall be subject to review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services. (f) Effect on removal proceedings With respect to a noncitizen in removal proceedings who files an application for relief under this section, the Attorney General shall postpone the removal proceedings pending the adjudication of the application. (g) Applicants with final orders of removal (1) Motions to reopen (A) In general A noncitizen whose removal, deportation, or exclusion proceedings were concluded before the date of the enactment of this section, and who is eligible for relief under this section, may file 1 motion to reopen proceedings to apply for such relief not later than 1 year after the date of the enactment of this section. (B) Effect of limitations A time or numerical limitation on motions to reopen removal, deportation, or exclusion proceedings may not be construed to restrict the filing of a motion to reopen under this paragraph if such limitation is based on previously unavailable evidence or facts, or on changed facts or circumstances, including a discovery by a noncitizen that the noncitizen may be a stateless person. (2) Stay of removal (A) In general An applicant for relief under this section who has been issued a final order of removal, deportation, or exclusion may request a stay of removal, deportation, or exclusion. (B) Consideration of request With respect to an individual who requests a stay under subparagraph (A), if the Secretary of Homeland Security determines that the application for relief is bona fide, the Secretary shall automatically stay the execution of the final order of deportation, exclusion, or removal, and the stay will remain in effect until a final decision is made on the applications. (C) Effect of denial If the application is denied, the stay of the final order is deemed lifted as of the date of such denial, without regard to whether the noncitizen appeals the decision. (3) Termination On the grant of an application for relief under this section to a noncitizen with a final order of removal, deportation, or exclusion, the final order shall be deemed canceled by operation of law as of the date of the approval. (h) Exclusion from numerical limitations Individuals provided status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4). (i) Rule of construction Nothing in this section may be construed to authorize or require the admission of any noncitizen to the United States. (j) Reports (1) In general Not later than 120 days after the date of the enactment of this section, and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— (A) the number of applications submitted under each of paragraphs (1), (4), and (5) of subsection (b) since the date of the enactment of this section, disaggregated by the country of birth of the applicants; and (B) average timelines for processing each such application. (2) Public availability The Secretary of Homeland Security shall publish each report submitted under paragraph (1) on the internet website of the Department of Homeland Security, respectively. (k) Publication of guidance Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall publish all policy manuals, guidance, and application instructions relating to applications under this section on the internet website of the Department of Homeland Security. (l) Regulations The Secretary of Homeland Security may issue such regulations as the Secretary of Homeland Security considers appropriate to carry out this section. . (b) Technical and conforming amendments (1) Table of contents The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 245A the following: Sec. 245B. Protection of stateless persons in the United States. . (2) Exception for unlawful presence of stateless persons Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B)(iii) ) is amended by adding at the end the following: (V) Stateless persons Clause (i) shall not apply to a noncitizen who demonstrates that he or she is a stateless person (as defined in section 245B(a)). . 5. Prevention of statelessness (a) Births to united states citizens overseas Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is amended— (1) in subsection (g), by striking ; and and inserting a semicolon; (2) in subsection (h), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (i) a person born to a citizen of the United States outside the United States or in an outlying possession of the United States, if such person is born as a stateless person (as defined in section 245B(a)). . (b) Foundlings Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is further amended by striking subsection (f) and inserting the following: (f) a person of unknown parentage found in the United States while under the age of 18 years, until shown, prior to the person attaining the age of 21 years, not to have been born in the United States; . (c) Stateless safeguards for derivative citizenship and international adoptions (1) Stateless safeguards Section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ) is amended by adding at the end the following: (e) (1) Notwithstanding any other provision of law, a person born outside the United States or in an outlying possession who is or becomes a stateless person (as defined in section 245B(a)) automatically becomes a citizen of the United States on the date on which one of the following conditions has been fulfilled: (A) One parent is or was a citizen of the United States. (B) The person was adopted by— (i) a citizen of the United States; or (ii) an individual who became a citizen of the United States after the date of such adoption. (2) This subsection applies to any person who meets the criteria under paragraph (1) at any time. . (2) Age Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) ) is amended by striking paragraph (2) and inserting the following: (2) The child is under the age of 21 years. . (3) Entry and custody Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) ) is further amended by striking paragraph (3) and inserting the following: (3) The child is residing in the United States, and provided such child is under the legal age of adulthood in the State in which the parent of the child or the child resides, is in the legal and physical custody of the citizen parent. . (d) Programs To prevent statelessness The Secretary of Homeland Security and Secretary of State shall jointly establish and carry out initiatives to prevent statelessness from occurring, which may include— (1) an assessment of United States citizenship law to determine and amend any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness; (2) studies on the profiles and number of stateless people living in the United States; (3) programs to promote inclusive and nondiscriminatory nationality laws and practices in other countries, with particular attention to the prevention of atrocity crimes; (4) programs to encourage other countries to establish stateless status determination and protection legislation; and (5) grants to universities and nongovernmental organizations to accelerate research, education, curricula, and knowledge on nationality law and practice and statelessness. | https://www.govinfo.gov/content/pkg/BILLS-117s5330is/xml/BILLS-117s5330is.xml |
117-s-5331 | II 117th CONGRESS 2d Session S. 5331 IN THE SENATE OF THE UNITED STATES December 21, 2022 Ms. Klobuchar introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To reform the Federal Election Commission’s enforcement processes and related provisions under the Federal Election Campaign Act of 1971.
1. Short title This Act may be cited as the Campaign Finance Transparency Act . 2. Revision to enforcement process (a) Standard for initiating investigations and determining whether violations have occurred (1) Revision of standards Section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by striking paragraphs (2) and (3) and inserting the following: (2) (A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. (B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. (3) (A) Upon completion of an investigation under paragraph (2), the general counsel shall make a determination as to whether or not there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall promptly submit such determination to the Commission, and shall include with the determination a brief stating the position of the general counsel on the legal and factual issues of the case. (B) At the time the general counsel submits to the Commission the determination under subparagraph (A), the general counsel shall simultaneously notify the respondent of such determination and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. (C) Upon the expiration of the 30-day period which begins on the date the general counsel submits the determination to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), upon the expiration of the 30-day period which begins on the date the general counsel submits the respondent’s brief to the Commission under such subparagraph), the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, or if the determination by the general counsel that there is not probable cause that a person has committed or is about to commit such a violation is overruled as provided under the previous sentence, for purposes of this subsection, the Commission shall be deemed to have determined that there is probable cause that the person has committed or is about to commit such a violation. . (2) Conforming amendment relating to Initial response to filing of complaint Section 309(a)(1) of such Act ( 52 U.S.C. 30109(a)(1) ) is amended— (A) in the third sentence, by striking the Commission and inserting the general counsel ; and (B) by amending the fourth sentence to read as follows: Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint. . (b) Revision of standard for review of dismissal of complaints (1) In general Section 309(a)(8) of such Act ( 52 U.S.C. 30109(a)(8) ) is amended to read as follows: (8) (A) (i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. (B) (i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to act on such complaint, may file a petition with the United States District Court for the District of Columbia. (ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s failure to act on the complaint is contrary to law. (C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint. . (2) Effective date The amendments made by paragraph (1) shall apply— (A) in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act. (c) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall promulgate new regulations on the enforcement process under section 309 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109 ) to take into account the amendments made by this section. 3. Official exercising the responsibilities of the general counsel Section 306(f)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(f)(1) ) is amended by adding at the end the following new sentence: In the event of a vacancy in the position of the general counsel, the most senior attorney employed within the Office of the General Counsel at the time the vacancy arises shall exercise all the responsibilities of the general counsel until the vacancy is filled. . 4. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests (a) In general Section 308 of such Act ( 52 U.S.C. 30108 ) is amended by adding at the end the following new subsection: (e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request. . (b) Effective da te The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act. 5. Permanent extension of administrative penalty authority Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking , and that end on or before December 31, 2023 . 6. Restrictions on ex parte communications Section 306(e) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(e) ) is amended— (1) by striking (e) The Commission and inserting (e)(1) The Commission ; and (2) by adding at the end the following new paragraph: (2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph. . 7. Clarifying authority of FEC attorneys to represent FEC in Supreme Court (a) Clarifying authority Section 306(f)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(f)(4) ) is amended by striking any action instituted under this Act, either (A) by attorneys and inserting any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the general counsel of the Commission and other attorneys . (b) Effective date The amendment made by paragraph (1) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act. 8. Requiring forms to permit use of accent marks (a) Requirement Section 311(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30111(a)(1) ) is amended by striking the semicolon at the end and inserting the following: , and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person’s identification; . (b) Effective date The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act. 9. Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971 (a) Civil offenses Section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a) ) is amended by inserting after paragraph (9) the following new paragraph: (10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 10 years after the date on which the violation occurred. . (b) Criminal offenses Section 406(a) of such Act ( 52 U.S.C. 30145(a) ) is amended by striking 5 years and inserting 10 years . (c) Effective date The amendments made by this section shall apply with respect to violations occurring on or after the date of enactment of this Act. 10. Effective date; transition (a) In General Except as otherwise provided, this Act and the amendments made by this Act shall take effect and apply on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out this Act and the amendments made by this Act. (b) Transition (1) No effect on existing cases or proceedings Nothing in this Act or in any amendment made by this Act shall affect any of the powers exercised by the Federal Election Commission prior to the date of the enactment of this Act, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. (2) Treatment of certain complaints If, as of the date of the enactment of this Act, the general counsel of the Federal Election Commission has not made any recommendation to the Commission under section 309(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109 ) with respect to a complaint filed prior to the date of the enactment of this Act, this Act and the amendments made by this Act shall apply with respect to the complaint in the same manner as this Act and the amendments made by this Act apply with respect to a complaint filed on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5331is/xml/BILLS-117s5331is.xml |
117-s-5332 | II 117th CONGRESS 2d Session S. 5332 IN THE SENATE OF THE UNITED STATES December 21, 2022 Ms. Klobuchar introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To protect elections for public office by providing enhanced security for the infrastructure used to carry out such elections, and for other purposes.
1. Short title This Act may be cited as the Election Security Act of 2022 . I Promoting Accuracy, Integrity, and Security Through Voter-Verifiable Permanent Paper Ballot 101. Short title This title may be cited as the Voter Confidence and Increased Accessibility Act of 2022 . 102. Paper ballot and manual counting requirements (a) In general Section 301(a)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(2) ) is amended to read as follows: (2) Paper ballot requirement (A) Voter-verifiable paper ballots (i) The voting system shall require the use of an individual, durable, voter-verifiable paper ballot of the voter’s vote selections that shall be marked by the voter and presented to the voter for verification before the voter’s ballot is preserved in accordance with subparagraph (B), and which shall be counted by hand or other counting device or read by a ballot tabulation device. For purposes of this subclause, the term individual, durable, voter-verifiable paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option at every in-person voting location to mark by hand a printed ballot that includes all relevant contests and candidates. (ii) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verifiable paper ballot is preserved in accordance with subparagraph (B). (iii) The voting system shall not preserve the voter-verifiable paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote selections. (iv) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause (ii). (B) Preservation as official record The individual, durable, voter-verifiable paper ballot used in accordance with subparagraph (A) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. (C) Manual counting requirements for recounts and audits (i) Each paper ballot used pursuant to subparagraph (A) shall be suitable for a manual audit, and such ballots, or at least those ballots the machine could not count, shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. (ii) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verifiable paper ballots used pursuant to subparagraph (A), the individual, durable, voter-verifiable paper ballots shall be the true and correct record of the votes cast. (D) Sense of congress It is the sense of Congress that as innovation occurs in the election infrastructure sector, Congress should ensure that this Act and other Federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility. . (b) Conforming amendment clarifying applicability of alternative language accessibility Section 301(a)(4) of such Act ( 52 U.S.C. 21081(a)(4) ) is amended by inserting (including the paper ballots required to be used under paragraph (2)) after voting system . (c) Other conforming amendments Section 301(a)(1) of such Act ( 52 U.S.C. 21081(a)(1) ) is amended— (1) in subparagraph (A)(i), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (2) in subparagraph (A)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) ; (3) in subparagraph (A)(iii), by striking counted each place it appears and inserting counted, in accordance with paragraphs (2) and (3) ; and (4) in subparagraph (B)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3) . 103. Accessibility and ballot verification for individuals with disabilities (a) In general Paragraph (3) of section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(3) ) is amended to read as follows: (3) Accessibility for individuals with disabilities (A) In general The voting system shall— (i) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (ii) (I) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verifiable paper ballot; and (II) satisfy the requirement of clause (i) through the use at in-person polling locations of a sufficient number (not less than one) of voting systems equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired; and (iii) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph). (B) Means of meeting requirements A voting system may meet the requirements of subparagraph (A)(i) and paragraph (2) by— (i) allowing the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote tabulation or auditing; (ii) allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot; (iii) marking ballots that are identical in size, ink, and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters; or (iv) combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters, in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities. (C) Sufficient number For purposes of subparagraph (A)(ii)(II), the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the Attorney General, in consultation with the Architectural and Transportation Barriers Compliance Board established under section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) ) (commonly referred to as the United States Access Board) and the Commission. . (b) Specific requirement of study, testing, and development of accessible voting options (1) Study and reporting Subtitle C of title II of such Act ( 52 U.S.C. 21081 et seq. ) is amended— (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: 247. Study and report on accessible voting options (a) Grants To study and report The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 2 eligible entities to study, test, and develop— (1) accessible and secure remote voting systems; (2) voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities; or (3) both of the matters described in paragraphs (1) and (2). (b) Eligibility An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2024; and (2) such other information and certifications as the Commission may require. (c) Availability of technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination with grants for technology improvements The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended— (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: Sec. 247. Study and report on accessible voting options. . (c) Clarification of accessibility standards under voluntary voting system guidance In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act ( 52 U.S.C. 21101 et seq. ) with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access Section 292(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21062(a) ) is amended by striking ; except that and all that follows and inserting a period. 104. Durability and readability requirements for ballots Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ) is amended by adding at the end the following new paragraph: (7) Durability and readability requirements for ballots (A) Durability requirements for paper ballots (i) In general All voter-verifiable paper ballots required to be used under this Act shall be marked or printed on durable paper. (ii) Definition For purposes of this Act, paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months. (B) Readability requirements for paper ballots marked by ballot marking device All voter-verifiable paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by a ballot tabulation device or other device equipped for individuals with disabilities. . 105. Study and report on optimal ballot design (a) Study The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors. (b) Report Not later than 1 year after the date of the enactment of this Act, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). 106. Ballot marking device cybersecurity requirements Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by section 104, is further amended by adding at the end the following new paragraphs: (8) Prohibition of use of wireless communications devices in systems or devices No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a polling place (except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph (3)), or upon which votes are cast, tabulated, or aggregated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device. (9) Prohibiting connection of system to the internet No system or device upon which ballot marking devices or ballot tabulation devices are configured, upon which ballots are marked by voters at a voting place, or upon which votes are cast, tabulated, or aggregated shall be connected to the internet or any non-local computer system via telephone or other communication network at any time. . 107. Effective date for new requirements Section 301(d) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(d) ) is amended to read as follows: (d) Effective Date (1) In general Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. (2) Special rule for certain requirements (A) In general Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State or jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2022 shall apply with respect to voting systems used for any election for Federal office held in 2024 or any succeeding year. (B) Special rule for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2020 (i) In general In the case of a jurisdiction described in clause (ii), the requirements of paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2022 ) shall not apply before the date on which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used voter-verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i) and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2022 ), for the administration of the regularly scheduled general election for Federal office held in November 2020; and (II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems (I) Requiring ballots to be offered and provided The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. (II) Treatment of ballot Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. (III) Posting of notice The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a printed blank paper ballot. The notice shall comply with the requirements of section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (IV) Training of election officials The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank printed paper ballot. (V) Period of applicability The requirements of this clause apply only during the period beginning on January 1, 2023, and ending on the date on which the which the jurisdiction replaces the printers or systems described in clause (ii)(I) for use in the administration of elections for Federal office. (C) Delay for certain jurisdictions using voting systems with wireless communication devices or internet connections (i) Delay In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2024 were a reference to the applicable year , but only with respect to the following requirements of this section. (I) Paragraph (8) of subsection (a) (relating to prohibition of wireless communication devices). (II) Paragraph (9) of subsection (a) (relating to prohibition of connecting systems to the internet). (ii) Jurisdictions described A jurisdiction described in this clause is a jurisdiction— (I) which used a voting system which is not in compliance with paragraph (8) or (9) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2022 ) for the administration of the regularly scheduled general election for Federal office held in November 2020; (II) which was not able, to all extent practicable, to comply with paragraphs (8) and (9) of subsection (a) before January 1, 2023; and (III) which will continue to use such printers or systems for the administration of elections for Federal office held in years before the applicable year. (iii) Applicable year (I) In general Except as provided in subclause (II), the term applicable year means 2026. (II) Extension If a State or jurisdiction certifies to the Commission not later than January 1, 2026, that the State or jurisdiction will not meet the requirements described in subclauses (I) and (II) of clause (i) by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline, the term applicable year means 2030. . 108. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements (a) Availability of grants (1) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq. ) is amended by adding at the end the following new part: 7 Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements 297. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements (a) Availability and use of grant (1) In general The Commission shall make a grant to each eligible State— (A) to replace a voting system— (i) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2022 with a voting system which— (I) does meet such requirements; and (II) in the case of a grandfathered voting system (as defined in paragraph (2)), is in compliance with the most recent voluntary voting system guidelines; or (ii) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines; (B) to carry out voting system security improvements described in section 297A with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office; (C) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots; and (D) to purchase or acquire accessible voting systems that meet the requirements of paragraph (2) and paragraph (3)(A)(i) of section 301(a) by the means described in paragraph (3)(B) of such section. (2) Definition of grandfathered voting system In this subsection, the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph (B)(ii) or (C)(ii) of section 301(d)(2). (b) Amount of payment (1) In general The amount of payment made to an eligible State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph (3). (2) Minimum payment amount The minimum payment amount described in this paragraph is— (A) in the case of any of the several States or the District of Columbia, one-half of 1 percent of the aggregate amount made available for payments under this section; and (B) in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, one-tenth of 1 percent of such aggregate amount. (3) Voting age population proportion amount The voting age population proportion amount described in this paragraph is the product of— (A) the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph (2); and (B) the voting age population proportion for the State (as defined in paragraph (4)). (4) Voting age population proportion defined The term voting age population proportion means, with respect to a State, the amount equal to the quotient of— (A) the voting age population of the State (as reported in the most recent decennial census); and (B) the total voting age population of all States (as reported in the most recent decennial census). (5) Requirement relating to purchase of accessible voting systems An eligible State shall use not less than 10 percent of funds received by the State under this section to purchase accessible voting systems described in subsection (a)(1)(D). 297A. Voting system security improvements described (a) Permitted uses A voting system security improvement described in this section is any of the following: (1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. (2) Cyber and risk mitigation training. (3) A security risk and vulnerability assessment of the State’s election infrastructure (as defined in section 108(b) of the Voter Confidence and Increased Accessibility Act of 2022 ) which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. (4) The maintenance of infrastructure used for elections, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections, and which is used primarily for purposes other than the administration of elections for public office. (5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure (as so defined) or designates as critical to the operation of the State’s election infrastructure (as so defined). (6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). (7) Enhancing the cybersecurity of voter registration systems. (b) Qualified election infrastructure vendors described For purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure (as defined in section 108(b) of the Voter Confidence and Increased Accessibility Act of 2022 ) on behalf of a State, unit of local government, or election agency (as defined in section 108(b) of such Act) who meets the criteria described in section 108(b) of such Act. 297B. Eligibility of States A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of how the State will use the grant to carry out the activities authorized under this part; (2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out voting system security improvements, as described in section 297A; and (3) such other information and assurances as the Commission may require. 297C. Reports to Congress Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. 297D. Authorization of appropriations (a) Authorization There are authorized to be appropriated for grants under this part— (1) $2,400,000,000 for fiscal year 2024; and (2) $175,000,000 for each of the fiscal years 2026, 2028, and 2030. (b) Continuing availability of amounts Any amounts appropriated pursuant to the authorization of this section shall remain available until expended. . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: Part 7—Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements Sec. 297. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 297A. Voting system security improvements described. Sec. 297B. Eligibility of States. Sec. 297C. Reports to Congress. Sec. 297D. Authorization of appropriations. (b) Qualified election infrastructure vendors (1) In general The Secretary, in consultation with the Chair, shall establish and publish criteria for qualified election infrastructure vendors for purposes of section 297A of the Help America Vote Act of 2002 (as added by this Act). (2) Criteria The criteria established under paragraph (1) shall include each of the following requirements: (A) The vendor shall— (i) be owned and controlled by a citizen or permanent resident of the United States or a member of the Five Eyes intelligence-sharing alliance; and (ii) in the case of any election infrastructure which is a voting machine, ensure that such voting machine is assembled in the United States. (B) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under part 7 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act), of any sourcing outside the United States for parts of the election infrastructure. (C) The vendor shall disclose to the Secretary and the Chair, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under such part 7, the identification of any entity or individual with a more than 5 percent ownership interest in the vendor. (D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part 7 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (J) The vendor agrees to permit independent security testing by the Election Assistance Commission (in accordance with section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 )) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under part 7 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act). (3) Cybersecurity incident reporting requirements (A) In general A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part 7 of subtitle D of title II of the Help America Vote Act of 2002 (as added by this Act)— (i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chair of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred); (ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and (iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii). (B) Contents of notifications Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: (i) The date, time, and time zone when the election cybersecurity incident began, if known. (ii) The date, time, and time zone when the election cybersecurity incident was detected. (iii) The date, time, and duration of the election cybersecurity incident. (iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any. (v) Any planned and implemented technical measures to respond to and recover from the incident. (vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available. (C) Development of criteria for reporting Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, in consultation with the Election Infrastructure Sector Coordinating Council, develop criteria for incidents which are required to be reported in accordance with subparagraph (A). (4) Definitions In this subsection: (A) Chair The term Chair means the Chair of the Election Assistance Commission. (B) Chief State election official The term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20509 ) to be responsible for coordination of the State’s responsibilities under such Act. (C) Election agency The term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (D) Election infrastructure The term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (E) Secretary The term Secretary means the Secretary of Homeland Security. (F) State The term State has the meaning given such term in section 901 of the Help America Vote Act of 2002 ( 52 U.S.C. 21141 ). II Voting System Security 201. Post-election audit requirement (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 303 the following new section: 303A. Post-election audits (a) Definitions In this section: (1) Post-election audit Except as provided in subsection (c)(1)(B), the term post-election audit means, with respect to any election contest, a post-election process that— (A) has a probability of at least 95 percent of correcting the reported outcome if the reported outcome is not the correct outcome; (B) will not change the outcome if the reported outcome is the correct outcome; and (C) involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest. (2) Reported outcome; correct outcome; outcome (A) Reported outcome The term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. (B) Correct outcome The term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest. (C) Outcome The term outcome means the winner or set of winners of an election contest. (3) Manual adjudication of voter intent The term manual adjudication of voter intent means direct inspection and determination by humans, without assistance from electronic or mechanical tabulation devices, of the ballot choices marked by voters on each voter-verifiable paper record. (4) Ballot manifest The term ballot manifest means a record maintained by each jurisdiction that— (A) is created without reliance on any part of the voting system used to tabulate votes; (B) functions as a sampling frame for conducting a post-election audit; and (C) accounts for all ballots validly cast regardless of how they were tabulated and includes a precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. (b) Requirements (1) In general (A) Audits (i) In general Each State and jurisdiction shall administer post-election audits of the results of all election contests for Federal office held in the State in accordance with the requirements of paragraph (2). (ii) Exception Clause (i) shall not apply to any election contest for which the State or jurisdiction conducts a full recount through a manual adjudication of voter intent. (B) Full manual tabulation If a post-election audit conducted under subparagraph (A) corrects the reported outcome of an election contest, the State or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the post-election audit as the official results of the election contest. (2) Audit requirements (A) Rules and procedures (i) In general Not later than 6 years after the date of the enactment of this section, the chief State election official of the State shall establish rules and procedures for conducting post-election audits. (ii) Matters included The rules and procedures established under clause (i) shall include the following: (I) Rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed. (II) Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. (III) Rules and procedures for governing the format of ballot manifests and other data involved in post-election audits. (IV) Methods to ensure that any cast vote records used in a post-election audit are those used by the voting system to tally the results of the election contest sent to the chief State election official of the State and made public. (V) Rules and procedures for the random selection of ballots to be inspected manually during each audit. (VI) Rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete. (VII) Rules and procedures for testing any software used to conduct post-election audits. (B) Public report (i) In general After the completion of the post-election audit and at least 5 days before the election contest is certified by the State, the State shall make public and submit to the Commission a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. (ii) Format of data All data published with the report under clause (i) shall be published in machine-readable, open data formats. (iii) Protection of anonymity of votes Information and data published by the State under this subparagraph shall not compromise the anonymity of votes. (iv) Report made available by Commission After receiving any report submitted under clause (i), the Commission shall make such report available on its website. (3) Effective date; waiver (A) In general Except as provided in subparagraphs (B) and (C), each State and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for Federal office occurring in 2032 and for each subsequent election for Federal office. (B) Waiver Except as provided in subparagraph (C), if a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2032, that the State will not meet the deadline described in subparagraph (A) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (A) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to 2032 were a reference to 2034 . (C) Additional waiver period If a State certifies to the Election Assistance Commission not later than the first regularly scheduled election for Federal office occurring in 2034, that the State will not meet the deadline described in subparagraph (B) because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline, subparagraph (B) of this subsection and subsection (c)(2)(A) shall apply to the State as if the reference in such subsections to 2034 were a reference to 2036 . (c) Phased implementation (1) Post-election audits (A) In general For the regularly scheduled elections for Federal office occurring in 2024 and 2026, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (B) Post-election audit defined In this subsection, the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest. (2) Post-election audits for select contests Subject to subparagraphs (B) and (C) of subsection (b)(3), for the regularly scheduled elections for Federal office occurring in 2028 and for each subsequent election for Federal office that occurs prior to the first regularly scheduled election for Federal office occurring in 2032, each State shall administer a post-election audit of the result of at least one statewide election contest for Federal office held in the State, or if no such statewide contest is on the ballot, one election contest for Federal office chosen at random. (3) States that administer post-election audits for all contests A State shall be exempt from the requirements of this subsection for any regularly scheduled election for Federal office in which the State meets the requirements of subsection (b). . (b) Clerical amendment The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Post-election audits. . (c) Study on post-Election audit best practices (1) In general The Director of the National Institute of Standards and Technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures. (2) Advisory committee The Director of the National Institute of Standards and Technology shall appoint individuals to the advisory committee and secure the representation of— (A) State and local election officials; (B) individuals with experience and expertise in election security; (C) individuals with experience and expertise in post-election audit procedures; and (D) individuals with experience and expertise in statistical methods. (3) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection. 202. Election infrastructure designation Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 601(3) ) is amended by inserting , including election infrastructure before the period at the end. 203. Guidelines and certification for electronic poll books and remote ballot marking systems (a) Inclusion under voluntary voting system guidelines Section 222 of the Help America Vote Act of 2002 ( 52 U.S.C. 20962 ) is amended— (1) by redesignating subsections (a), (b), (c), (d), and (e) as subsections (b), (c), (d), (e), and (f), respectively; (2) by inserting after the section heading the following: (a) Voluntary voting system guidelines The Commission shall adopt voluntary voting system guidelines that describe functionality, accessibility, and security principles for the design, development, and operation of voting systems, electronic poll books, and remote ballot marking systems. ; and (3) by adding at the end the following new subsections: (g) Initial guidelines for electronic poll books and remote ballot marking systems (1) Adoption date Not later than 1 year after the date of the enactment of the Election Security Act of 2022 , the Commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems. (2) Special rule for initial guidelines The Commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems. (h) Definitions In this section: (1) Electronic poll book defined The term electronic poll book means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used— (A) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and (B) to identify registered voters who are eligible to vote in an election. (2) Remote ballot marking system defined The term remote ballot marking system means an election system that— (A) is used by a voter to mark their ballots outside of a voting center or polling place; and (B) allows a voter to receive a blank ballot to mark electronically, print, and then cast by returning the printed ballot to the elections office or other designated location. . (b) Providing for certification of electronic poll books and remote ballot marking system Section 231(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20971(a) ) is amended, in each of paragraphs (1) and (2), by inserting , electronic poll books, and remote ballot marking systems after software . 204. Pre-election reports on voting system usage (a) Requiring States To submit reports Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ) is amended by inserting after section 301 the following new section: 301A. Pre-election reports on voting system usage (a) Requiring States To submit reports Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. If a jurisdiction acquires and implements a new voting system within the 120 days before the date of the election, it shall notify the chief State election official of the State, who shall submit to the Commission in a timely manner an updated report under the preceding sentence. (b) Effective date Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding regularly scheduled general election for Federal office . (b) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: Sec. 301A. Pre-election reports on voting system usage. . 205. Use of voting machines manufactured in the United States (a) Requirement Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by section 104 and section 106, is further amended by adding at the end the following new paragraph: (10) Voting machine requirements (A) Manufacturing requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States. (B) Assembly requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for Federal office is assembled in the United States. (C) Software and code requirements By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for Federal office is developed and stored in the United States. . (b) Conforming amendment relating to effective date Section 301(d)(1) of such Act ( 52 U.S.C. 21081(d)(1) ), as amended by section 107, is amended by striking paragraph (2) and inserting subsection (a)(10) and paragraph (2) . | https://www.govinfo.gov/content/pkg/BILLS-117s5332is/xml/BILLS-117s5332is.xml |
117-s-5333 | II 117th CONGRESS 2d Session S. 5333 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a voluntary compliance assistance initiative at the Equal Employment Opportunity Commission regarding the usage of employment tests and selection procedures by employers.
1. Short title This Act may be cited as the Advancing Skills-Based Hiring Act of 2022 . 2. Purpose It is the purpose of this Act— (1) to empower employers to adopt a skills-based approach to hiring through a voluntary compliance assistance initiative regarding the appropriate use of employment tests and selection procedures; and (2) to enable employers to proactively submit validity evidence to the Equal Employment Opportunity Commission for review to ensure use of such tests and procedures is job related for the position in question and consistent with business necessity within the meaning of section 703(k)(1)(A)(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(k)(1)(A)(i) ). 3. Review by Equal Employment Opportunity Commission of information voluntarily submitted by employers (a) Voluntary submission and review of employer information The Equal Employment Opportunity Commission (in this Act referred to as the Commission ) shall— (1) establish a process for employers— (A) to voluntarily submit validity evidence to the Commission on the use (including prospective use) of competency-based assessments or other professionally developed selection procedures that are used to make employment decisions; and (B) to obtain a determination by the Commission as to whether such use is job related for the position in question and consistent with business necessity within the meaning of section 703(k)(1)(A)(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(k)(1)(A)(i) ); (2) as part of establishing such process, set forth the validity evidence that participating employers shall submit, which may include— (A) the results of a criterion-related validity study; (B) the results of a content validity study; (C) the results of a construct validity study; or (D) the validity evidence from a study conducted by an entity other than the employer, along with evidence from the employer that shows job similarity; and (3) allow employers to submit validity evidence for review regardless of the existence of an adverse impact from the use of the assessment or selection procedure involved on protected groups, but require such submitted evidence to include any information available on whether the use has resulted in such an adverse impact. (b) Review of submitted employer information Subject to the payment required by subsection (d), the Commission shall— (1) review the information submitted under subsection (a); and (2) (A) determine that the use of the assessment or selection procedure identified by the employer is job related and consistent with business necessity as described in subsection (a)(1)(B); or (B) provide technical assistance to such employer that includes, at a minimum— (i) an explanation of why the Commission cannot make that determination; and (ii) steps the employer could take, or changes the employer could implement, that will enable the Commission to make that determination. (c) Safe harbor The determination from the Commission under subsection (b)(2)(A) that the employer’s use of an assessment or selection procedure is job related and consistent with business necessity may be used by the employer to satisfy its burden of proof under section 703(k)(1)(A)(i) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2(k)(1)(A)(i) ). (d) Fee payable for review (1) In general To obtain review under subsection (b), an employer with more than 100 employees shall pay to the Commission a reasonable fee to offset the cost incurred by the Commission to provide such review. (2) Relationship to EEOC Education, Technical Assistance, and Training Revolving Fund Fees received under paragraph (1) shall be deposited in the EEOC Education, Technical Assistance, and Training Revolving Fund described in section 705(k) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4(k) ) by the Commission. The amount of the fees shall be determined by the Commission under paragraph (2) of that section 705(k), and the review under subsection (b) shall be considered to be technical assistance under that section 705(k). (e) Limitation Any information submitted by the employer under subsection (a) and any technical assistance provided by the Commission under subsection (b)(2)(B) regarding the assessment or selection proceeding involved— (1) shall not be used against such employer as a basis for an enforcement action on or after the date of the submission; and (2) shall be inadmissible in a Federal or State court proceeding without the consent of such employer. 4. Education and technical assistance The Commission shall provide education and technical assistance on the use of competency-based assessments or other selection procedures described in section 3(a)(1)(A), including education and technical assistance on the methods of validation of such an assessment or selection procedure and on the opportunity to voluntarily submit validity evidence to the Commission to seek a determination described in section 3(b)(2)(A). 5. Definitions For purposes of this Act: (1) Competency-based assessment The term competency-based assessment means an assessment or selection procedure that purports to measure the knowledge, skills, abilities, or personal or behavior characteristics that are necessary for, or shown to predict, successful job performance. (2) Employee; employer The terms employee and employer have the meanings given the terms in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ). 6. Effective date This Act shall take effect 90 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5333is/xml/BILLS-117s5333is.xml |
117-s-5334 | II 117th CONGRESS 2d Session S. 5334 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Portman introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish best practices for the Federal use of facial recognition technology, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Facial, Accountability, Clarity, and Efficiency in Technology Act or the FACE IT Act . (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—Establishing best practices for current Federal use of facial recognition technology Sec. 101. Disclosure of Federal uses of facial recognition technology. Sec. 102. Accuracy requirements for the procurement of facial recognition technology. Sec. 103. Requirement for procurement of facial recognition technology. Sec. 104. Disclosure of high risk use case. Sec. 105. Requirement of human involvement in facial recognition technology decisionmaking. Sec. 106. United States person notice and opt-out for non-investigative uses of facial recognition technology. Sec. 107. Guarantee of constitutional rights. Sec. 108. Database access restrictions for Federal use of facial recognition technology. Sec. 109. Notification for criminal defendants. Sec. 110. Rule of construction for facial recognition technology that is not high risk. Sec. 111. Limitation to civilian agencies. TITLE II—Developing best practices for future Federal use of facial recognition technology Sec. 201. Establishment of a Federal Advisory Committee on Facial Recognition Technology. Sec. 202. Membership of the Federal Advisory Committee on Facial Recognition Technology. Sec. 203. Meetings of the Federal Advisory Committee on Face Recognition Technology. Sec. 204. Authorization of appropriations. TITLE III—FOIA Sec. 301. Applicability of FOIA. 2. Definitions In this Act— (1) the term Advisory Committee means the Federal Advisory Committee on Facial Recognition Technology established under section 201(a); (2) the term applicable congressional committee means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and (B) the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Oversight and Reform, the Committee on Science, Space, and Technology, and the Committee on the Judiciary of the House of Representatives; (3) the term Director means the Director of the Office of Management and Budget; (4) the term facial recognition technology means an automated or semi-automated process of— (A) generating a mathematical representation of an individual’s face, known as a probe face template; and (B) (i) querying a gallery populated with many face templates that may be linked to personally identifiable information and subsequently returning an identity if the similarity of the probe face template to any face template in the gallery is above a specified threshold; or (ii) comparing the probe face template to a specific face template of an existing image of the individual to verify their identity; (5) the term Federal agency has the meaning given the term agency in section 3502 of title 44, United States Code; (6) the term high risk , with respect to a use case, means one in which face recognition query outputs influence the decision to— (A) arrest or convict an individual, deny an individual access to government services to which the individual is legally entitled; or (B) take other action that directly impacts the fundamental rights or equal protection of that individual under the law; (7) the term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ); (8) the term Secretary means the Secretary of Homeland Security; (9) the term use case — (A) means a description of the ways and circumstances in which a technology is operated to perform a specific function; and (B) does not include research programs that use Institutional Review Board informed consent; and (10) the term security use case means the ways and circumstances in which a technology is operated to perform a specific function related to— (A) conducting a criminal investigation; (B) protecting national security; (C) monitoring and preventing unauthorized access to Federal buildings; or (D) detecting or combating fraud or other illegal activity. I Establishing best practices for current Federal use of facial recognition technology 101. Disclosure of Federal uses of facial recognition technology (a) In general Not later than 270 days after the date of enactment of this Act, and biannually thereafter, the Director shall submit to the applicable congressional committees a report on all Federal Government programs that use face recognition technology. (b) Execution of report In order to facilitate the submission of the report under subsection (a), the head of each Federal agency shall provide necessary information to the Director at the request of the Director. (c) Contents Each report submitted under subsection (a) shall include— (1) a description of each facial recognition technology use case deployed by a Federal agency; (2) an evaluation of how facial recognition technologies deployed by a Federal agency comply with the accuracy requirements under section 102; (3) a list of the private sector entities which provide facial recognition technologies to each Federal agency for each use case; (4) a list of the State, local, and Tribal government agencies and entities that provide access to facial recognition technologies to each Federal agency for each use case; (5) the databases that facial recognition technology queries for each Federal agency for each use case and, if applicable, the authorization allowing access to privately owned and maintained databases; (6) an explanation of the reasons, with quantitative rationales where possible, for using facial recognition technology for each use case; (7) for each use case described in paragraph (1), an enumeration of whether the use case is high risk; and (8) any additional information the Director determines appropriate. (d) Form of report Each report required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. 102. Accuracy requirements for the procurement of facial recognition technology (a) Development of accuracy requirements Not later than 1 year after the first report is submitted under section 101(a), the Director of the National Institute for Standards and Technology and the Secretary, in consultation with the Director of the Office of Science and Technology Policy and other agencies and entities as appropriate, shall develop minimum accuracy requirements, specific to each Federal agency, for use cases of facial recognition technology in the Federal Government as determined in the report. (b) Development of accuracy requirements for high risk use cases In developing the requirements under subsection (a), the Director of the National Institute for Standards and Technology shall ensure that the requirements for the use cases identified as high risk shall be more strict than the requirements for the uses cases that are not high risk. (c) Certification for the accuracy standards The head of each Federal agency shall develop a process to ensure that, with the exception of research and testing, the facial recognition technology used by the Federal agency meets the relevant requirements established under subsection (a). (d) Accuracy across demographic groups The requirements under subsection (a) shall include minimum accuracy requirements for individuals regardless of different skin tone or race, disability status, age, or sex, alone and in combination, to ensure that facial recognition technology can accurately identify diverse individuals. (e) Transparency requirements Not later than 30 days after the date on which the requirements are developed under subsection (a), the Director of the National Institute for Standards and Technology shall make such requirements available on a public website. 103. Requirement for procurement of facial recognition technology (a) In general Except as provided in subsection (c), before a Federal agency procures or acquires a facial recognition technology, the Federal agency shall— (1) publicly report testing and performance results from the Face Recognition Vendor Testing Program of the National Institute of Standards and Technology or other reputable testing authority in a manner that is compatible with Global Reporting Initiative 102 requirements for the facial recognition systems that the Federal agency aims to procure or acquire; (2) certify to the Director that the technology shall meet the accuracy requirements developed under section 102; and (3) include the certification described in paragraph (1) in the next report required under section 101. (b) Limitation on procurement of facial recognition (1) In general On and after the date on which the accuracy requirements are developed under section 102(a), the head of a Federal agency shall not procure or acquire facial recognition technology that does not meet the requirements under subsection (a). (2) Acquisitions before development of accuracy requirements The head of a Federal agency— (A) may procure or acquire facial recognition technology before the date described in paragraph (1); and (B) if the head of the Federal agency procures or acquires technology described in subparagraph (A), shall ensure that the technology meets the requirements under subsection (a) not later than 1 year after the date on which the accuracy requirements are developed under section 102(a). (c) Exceptions The requirements under subsection (a) shall not apply to a facial recognition algorithm software update, enhancement, derivative, correction, defect, or fix, or research program exempted under section 102. 104. Disclosure of high risk use case (a) Testing and transparency for high risk use cases Not later than 30 days after a report required under section 101 is submitted, each Federal agency shall report on a publicly available and easily accessible Federal website the testing and performance results of the relevant facial recognition algorithm from the Face Recognition Vendor Testing Program of the National Institute of Standards and Technology or other reputable testing authority for high risk use cases. (b) Updates Each Federal agency shall update the results published under subsection (a) following the identification of new high risk use cases in subsequent reports submitted under section 101. 105. Requirement of human involvement in facial recognition technology decisionmaking (a) In general A Federal agency shall not take any adverse final action to an identified or verified individual that was based on a query output from facial recognition technology deployed by that Federal agency unless a human person has reviewed the facial recognition technology query output and documented the human involvement in the process. (b) Qualifications for high risk use cases With respect to a high risk use case, the individual described in subsection (a) shall be qualified in accordance with the relevant training standards developed by the Face Identification Scientific Working Group for particular use cases. 106. United States person notice and opt-out for non-investigative uses of facial recognition technology (a) In general A Federal agency that uses facial recognition technology for a purpose other than a criminal investigation or other security use case, such as identity verification, shall— (1) notify the United States person that they are or were subject to identity verification by facial recognition technology; and (2) provide the United States person an alternative method of identity verification that does not involve the use of facial recognition technology. (b) Publication of opt-Out availability Federal agencies using facial recognition technology in a manner described in subsection (a) shall communicate to a United States person subject to the use of facial recognition technology that the United States person can elect to verify their identity using an alternative method that does not involve the use of facial recognition technology. (c) Simplicity of the opt-Out For United States persons that exercise the rights under subsection (b), Federal agencies shall not impose a burden for opting out that is substantially greater than the person would experience by using facial recognition technology. 107. Guarantee of Constitutional rights A Federal agency shall not use facial recognition technology to violate any rights guaranteed by the Constitution of the United States. 108. Database access restrictions for Federal use of facial recognition technology No component, official, or personnel of a Federal agency shall use facial recognition technology to access a privately owned and maintained database without prior authorization from the head of the Federal agency, with the exception of a database used for a research and testing program. 109. Notification for criminal defendants Any criminal defendant, or a counsel thereof, identified through an investigative process that used facial recognition technology in the course of the investigation that led to identifying the defendant by the Federal agency conducting the investigative process shall receive notice that facial recognition technology was used in the investigative process. 110. Rule of construction for facial recognition technology that is not high risk Nothing in this title shall be construed to diminish any Federal requirements with respect to face recognition technology that is not classified as high risk. 111. Limitation to civilian agencies Nothing in this title shall apply to the Department of Defense or any element of the intelligence community. II Developing best practices for future Federal use of facial recognition technology 201. Establishment of a Federal Advisory Committee on Facial Recognition Technology (a) Establishment The Director, in consultation with the Secretary, the Director of the National Institute for Standards and Technology, and the head of any other Federal agency that the Director determines appropriate, shall establish a Federal advisory committee on the use of facial recognition technology to be known as the Federal Advisory Committee on Facial Recognition Technology to advise Federal agencies on matters related to the use of facial recognition technology. (b) Purposes of the Advisory Committee The Advisory Committee shall advise the Federal agencies on— (1) opportunities to deploy facial recognition technology to improve the effectiveness of the Federal Government; (2) the risks associated with the use of facial recognition technology in different use cases; (3) the ways that Federal agencies can improve the safety and reliability of facial recognition technology, including through research and development funding to support face recognition technology innovation; (4) the ethics of facial recognition technology and its use, including mitigating potential bias associated with the use of facial recognition; (5) protections for privacy, civil liberties, civil rights, and information security when using facial recognition; (6) the ways that Federal agencies can manage, track, and resolve facial recognition failure rates relating to skin complexion or color; (7) trends in the use of facial recognition technology; (8) any necessary updates to the list of high risk use cases that should be enumerated in the biannual reports required under section 101(a); (9) requirements for monitoring and documenting any Federal agency use of facial recognition technology that the Federal Government does not own for a high risk use case; and (10) any other safeguards necessary, including audit and compliance procedures, standards, and training programs, to ensure the safe and reliable deployment of new facial recognition systems not currently used by the Federal Government. (c) Annual report Not later than 1 year after the date of enactment of this Act and every year thereafter, the Director shall submit a report on the activities of the of the Advisory Committee and any guidance provided to Federal agencies on matters related to the use of facial recognition technology to— (1) the Committee on Homeland Security and Governmental Affairs of the Senate; (2) the Committee on Commerce, Science, and Transportation of the Senate; (3) the Committee on Homeland Security of the House of Representatives; (4) the Committee on Oversight and Reform of the House of Representatives; and (5) the Committee on Science, Space, and Technology of the House of Representatives. 202. Membership of the Federal Advisory Committee on Facial Recognition Technology (a) In general The Advisory Committee shall be composed of 17 members who shall be appointed by the Secretary in addition to the representatives listed in subsection (c). (b) Representation In carrying out subsection (a), the Secretary shall ensure that members are appointed as follows: (1) 4 members from private industry, including small businesses. (2) 4 members from the academic or research community who are computer scientists or otherwise primarily technical experts in the science and engineering behind facial recognition technology. (3) 4 members from civil society, including individuals that advocates for privacy, civil liberties, or civil rights. (4) 1 member from the Biometric and Identity Technology Center of the Department of Homeland Security. (5) 1 member from the Face Identification Scientific Working Group. (6) 1 member from the Face Identification Subcommittee of the Organization of Scientific Area Committees for Forensic Science of the National Institute of Standards and Technology. (c) Ex-Officio representation The Advisory Committee shall be composed of 1 ex-officio representative knowledgeable in biometric risks, benefits, programs, policies, operations, and applications from— (1) the National Institute of Standards and Technology; (2) the Department of Commerce; (3) the General Services Administration; (4) the Department of Justice; (5) the Department of Homeland Security; (6) the Department of State; (7) the Department of Education; (8) the Department of Energy; (9) the Transportation Security Administration; (10) the Department of Veterans Affairs; (11) U.S. Customs and Border Protection; (12) U.S. Immigration and Customs Enforcement; (13) the Federal Emergency Management Agency; (14) the Office of Biometric Identity Management; (15) the National Science Foundation; (16) the National Science and Technology Council; (17) the Office of Science and Technology Policy; and (18) such other Federal agencies as the Secretary considers appropriate. (d) Chairperson The Secretary shall appoint a chairperson for the Advisory Committee from among the members appointed under subsection (a). 203. Meetings of the Federal Advisory Committee on Face Recognition Technology (a) Meetings The Advisory Committee shall meet in person, or by telepresence, not less frequently than twice per year. (b) Powers In order to carry out its duties under section 201, the Advisory Committee shall— (1) hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Advisory Committee considers appropriate; (2) submit to Federal agencies such recommendations as the Advisory Committee considers appropriate; (3) issue reports, guidelines, and memoranda; (4) hold or host conferences and symposia; (5) establish subcommittees; and (6) establish rules of procedure. (c) Travel expenses The members of the Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of Federal agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Advisory Committee. 204. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out the requirements of this title. III FOIA 301. Applicability of FOIA Nothing in this Act, or in a report produced under section 101, shall be construed to allow the disclosure of information or a record that is exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). | https://www.govinfo.gov/content/pkg/BILLS-117s5334is/xml/BILLS-117s5334is.xml |
117-s-5335 | II 117th CONGRESS 2d Session S. 5335 IN THE SENATE OF THE UNITED STATES December 21, 2022 Ms. Klobuchar introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reform congressional redistricting.
1. Short title This Act may be cited as the Redistricting Reform Act of 2022 . 2. Finding of constitutional authority Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; (2) the authority granted to Congress under section 5 of the 14th Amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number; (3) the authority granted to Congress under section 5 of the 14th Amendment to the Constitution gives Congress the power to enact laws to enforce section 1 of such amendment, including protections against excessive partisan gerrymandering that Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; (4) of the authority granted to Congress to enforce article IV, section 4, of the Constitution, and the guarantee of a Republican Form of Government to every State, which Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution; (5) requiring States to use uniform redistricting criteria is an appropriate and important exercise of such authority; and (6) partisan gerrymandering dilutes citizens’ votes because partisan gerrymandering injures voters and political parties by infringing on their 1st Amendment right to associate freely and their 14th Amendment right to equal protection of the laws. 3. Ban on mid-decade redistricting A State that has been redistricted in accordance with this Act may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), the terms or conditions of this Act, or applicable State law. 4. Criteria for redistricting (a) Requiring plans To meet criteria A State may not use a congressional redistricting plan which is not in compliance with this section. (b) Ranked criteria Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they substantially equalize total population. (2) Districts shall comply with the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), including by creating any districts where, if based upon the totality of the circumstances, 2 or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws. (3) (A) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district’s citizen voting age population. (B) For purposes of subparagraph (A), the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors: (i) Whether the group is politically cohesive. (ii) Whether there is racially polarized voting in the relevant geographic region. (iii) If there is racially polarized voting in the relevant geographic region, whether the preferred candidates of the group nevertheless receive a sufficient amount of consistent crossover support from other voters such that the group is a functional majority with the ability to both nominate candidates and elect representatives of choice. (4) (A) Districts shall be drawn to respect communities of interest and neighborhoods to the extent practicable after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs, including shared interests and representational needs rooted in common ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities, or arising from similar socioeconomic conditions. The term communities of interest may, if the record warrants, include political subdivisions such as counties, municipalities, Indian lands, or school districts, but shall not include common relationships with political parties or political candidates. (B) For purposes of subparagraph (A), in considering the needs of multiple, overlapping communities of interest, the entity responsible for developing and adopting the redistricting plan shall give greater weight to those communities of interest whose representational needs would most benefit from the community’s inclusion in a single congressional district. (c) No favoring or disfavoring of political parties (1) Prohibition A State may not use a redistricting plan to conduct an election if the plan’s congressional districts, considered cumulatively on a statewide basis, have been drawn with the intent, or have the effect, of materially favoring or disfavoring any political party. (2) Determination of effect The determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors: (A) Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions. (B) An analysis of whether the redistricting plan is statistically likely to result in partisan advantage or disadvantage on a statewide basis, the degree of any such advantage or disadvantage, and whether such advantage or disadvantage is likely to be present under a range of reasonably foreseeable electoral conditions. (C) A comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs (1), (2), and (3) of subsection (b) in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis. For purposes of this subparagraph, alternative plans considered may include both actual plans proposed during the redistricting process and other plans prepared for purposes of comparison. (D) Any other relevant information, including how broad support for the redistricting plan was among members of the entity responsible for developing and adopting the plan and whether the processes leading to the development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (3) Rebuttable presumption (A) Trigger In any civil action brought under section 7 in which a party asserts a claim that a State has enacted a redistricting plan which is in violation of this subsection, a party may file a motion not later than 30 days after the enactment of the plan (or, in the case of a plan enacted before the effective date of this Act, not later than 30 days after the effective date of this Act) requesting that the court determine whether a presumption of such a violation exists. If such a motion is timely filed, the court shall hold a hearing not later than 15 days after the date the motion is filed to assess whether a presumption of such a violation exists. (B) Assessment To make the determination required under subparagraph (A), the court shall do the following: (i) Determine the number of congressional districts under the plan that would have been carried by each political party’s candidates for the office of President and the office of Senator in the 2 most recent general elections for the office of President and the 2 most recent general elections for the office of Senator (other than special general elections) immediately preceding the enactment of the plan, except that if a State conducts a primary election for the office of Senator which is open to candidates of all political parties, the primary election shall be used instead of the general election and the number of districts carried by a party’s candidates for the office of Senator shall be determined on the basis of the combined vote share of all candidates in the election who are affiliated with such party. (ii) Determine, for each of the 4 elections assessed under clause (i), whether the number of districts that would have been carried by any party’s candidate as determined under clause (i) results in partisan advantage or disadvantage in excess of the applicable threshold described in subparagraph (C). The degree of partisan advantage or disadvantage shall be determined by one or more standard quantitative measures of partisan fairness that— (I) use a party’s share of the statewide vote to calculate a corresponding benchmark share of seats; and (II) measure the amount by which the share of seats the party’s candidate would have won in the election involved exceeds the benchmark share of seats. (C) Applicable threshold described The applicable threshold described in this subparagraph is, with respect to a State and a number of seats, the greater of— (i) an amount equal to 7 percent of the number of congressional districts in the State; or (ii) one congressional district. (D) Description of quantitative measures; prohibiting rounding In carrying out this subsection— (i) the standard quantitative measures of partisan fairness used by the court may include the simplified efficiency gap but may not include strict proportionality; and (ii) the court may not round any number. (E) Presumption of violation A plan is presumed to violate paragraph (1) if it exceeds the threshold described in subparagraph (C) with respect to 2 or more of the 4 elections assessed under subparagraph (B). (F) Stay of use of plan Notwithstanding any other provision of this Act, in any action under this paragraph, the following rules shall apply: (i) Upon filing of a motion under subparagraph (A), a State’s use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion. (ii) If after considering the motion, the court rules that the plan is presumed under subparagraph (E) to violate paragraph (1), a State may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph (2) determines that, notwithstanding the presumptive violation, the plan does not violate paragraph (1). (G) No effect on other assessments The absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect of the plan under paragraph (2). (4) Determination of intent A court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party, including evidence of the partisan effects of a plan, the degree of support the plan received from members of the entity responsible for developing and adopting the plan, and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public. (5) No violation based on certain criteria No redistricting plan shall be found to be in violation of paragraph (1) because of the proper application of the criteria set forth in paragraph (1), (2), or (3) of subsection (b), unless one or more alternative plans could have complied with such paragraphs without having the effect of materially favoring or disfavoring a political party. (d) Factors prohibited from consideration In developing the redistricting plan for the State, the State may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (b), to achieve partisan fairness and comply with subsection (c), and to enable the redistricting plan to be measured against the external metrics described in section 5(c): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district. (e) Additional criteria A State may not rely upon criteria not set forth in this section to justify non-compliance with the requirements of this section. (f) Applicability (1) In general This section applies to any authority, whether appointed, elected, judicial, or otherwise, responsible for enacting the congressional redistricting plan of a State. (2) Date of enactment This section applies to any congressional redistricting plan that would be, or is, in effect after the date of enactment of this Act, regardless of the date of enactment by the State of the congressional redistricting plan. (g) Severability of criteria If any of the criteria set forth in this section or any amendment made by this section, or the application of such criteria to any person, circumstance, or amendment, is held to be unconstitutional, the remaining criteria set forth in this section, and the application of such criteria to any person, circumstance, or amendment, shall not be affected by the holding. 5. Development of plan (a) Public notice and input (1) Use of open and transparent process The entity responsible for developing and adopting the congressional redistricting plan of a State shall solicit and take into consideration comments from the public throughout the process of developing the plan, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website (A) Features The entity shall maintain a public internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) All proposed redistricting plans and the final redistricting plan, including the accompanying written evaluation under subsection (c). (ii) All comments received from the public submitted under paragraph (1). (iii) Access in an easily usable format to the demographic and other data used by the entity to develop and analyze the proposed redistricting plans, together with any reports analyzing and evaluating such plans and access to software that members of the public may use to draw maps of proposed districts. (iv) A method by which members of the public may submit comments directly to the entity. (B) Searchable format The entity shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (3) Multiple language requirements for all notices The entity responsible for developing and adopting the plan shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 ( 52 U.S.C. 10503 ). (b) Development of plan (1) Hearings The entity responsible for developing and adopting the congressional redistricting plan shall hold hearings both before and after releasing proposed plans in order to solicit public input on the content of such plans. These hearings shall— (A) be held in different regions of the State and streamed live on the public internet site maintained under subsection (a)(2); (B) be sufficient in number, scheduled at times and places, and noticed and conducted in a manner to ensure that all members of the public, including members of racial, ethnic, and language minorities protected under the Voting Rights Act of 1965, have a meaningful opportunity to attend and provide input both before and after the entity releases proposed plans. (2) Posting of maps The entity responsible for developing and adopting the congressional redistricting plan shall make proposed plans, amendments to proposed plans, and the data needed to analyze such plans for compliance with the criteria of this Act available for public review, including on the public internet site required under subsection (a)(2), for a period of not less than 5 days before any vote or hearing is held on any such plan or any amendment to such a plan. (c) Written evaluation of plan against external metrics The entity responsible for developing and adopting the congressional redistricting plan for a State shall include with each redistricting plan voted upon by such entity, or a committee of such entity, and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 4(b), including the impact of the plan on the ability of members of a class of citizens protected by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ) to elect candidates of choice, the degree to which the plan preserves or divides communities of interest, and any analysis used by the State to assess compliance with the requirements of section 4(b) and (c). (d) Public input and comments The entity responsible for developing and adopting the congressional redistricting plan for a State shall make all public comments received about potential plans, including alternative plans, available to the public on the internet site required under subsection (a)(2), at no cost, not later than 24 hours prior to holding a vote on final adoption of a plan. 6. Failure by State to enact plan (a) Deadline for enactment of plan (1) In General Except as provided in paragraph (2), each State shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the President by the earliest of— (A) the deadline set forth in State law, including any extension to the deadline provided in accordance with State law; (B) February 15 of the year in which regularly scheduled general elections for Federal office are held in the State; or (C) 90 days before the date of the next regularly scheduled primary election for Federal office held in the State. (2) Special rule for plans enacted prior to effective date of this Act If a State enacted a final congressional redistricting plan prior to the effective date of this Act and the plan is not in compliance with the requirements of this Act, the State shall enact a final redistricting plan which is in compliance with the requirements of this Act not later than 45 days after the effective date of this Act. (b) Development of plan by court in case of missed deadline If a State has not enacted a final congressional redistricting plan by the applicable deadline under subsection (a), or it appears likely that a State will fail to enact a final congressional redistricting plan by such deadline— (1) any citizen of the State may file an action in the United States district court for the applicable venue asking the district court to assume jurisdiction; (2) the United States district court for the applicable venue, acting through a 3-judge court convened pursuant to section 2284 of title 28, United States Code, shall have the exclusive authority to develop and publish the congressional redistricting plan for the State; and (3) the final congressional redistricting plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final congressional redistricting plan, as described in subsection (e). (c) Applicable venue For purposes of this section, the applicable venue with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a). (d) Procedures for Development of Plan (1) Criteria In developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the State under section 4. (2) Access to information and records The court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the State in carrying out its duties under this Act. (3) Hearing; public participation In developing a redistricting plan for a State, the court shall— (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master To assist in the development and publication of a redistricting plan for a State under this section, the court may appoint a special master to make recommendations to the court on possible plans for the State. (e) Publication of plan (1) Public availability of initial plan Upon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used to develop the plans and a written evaluation of the plans against external metrics (as described in section 5(c)). (2) Publication of final plan At any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State. (f) Use of interim plan In the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan, including the discretion to make any changes the court deems necessary to an interim redistricting plan. (g) Appeals Review on appeal of any final or interim plan adopted by the court in accordance with this section shall be governed by the appellate process in section 7. (h) Stay of State proceedings The filing of an action under this section shall act as a stay of any proceedings in State court with respect to the State’s congressional redistricting plan unless otherwise ordered by the court. 7. Civil enforcement (a) Civil Enforcement (1) Actions by Attorney General The Attorney General may bring a civil action for such relief as may be appropriate to carry out this Act. (2) Availability of private right of action (A) In general Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of the Constitution or Federal law, including this Act, with respect to the State’s congressional redistricting, may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. (B) Special rule for claims relating to partisan advantage For purposes of subparagraph (A), a person who is aggrieved by the failure of a State to meet the requirements of section 4(c) may include— (i) any political party or committee in the State; and (ii) any registered voter in the State who resides in a congressional district that the voter alleges was drawn in a manner that contributes to a violation of such section. (C) No awarding of damages to prevailing party Except for an award of attorney’s fees under subsection (d), a court in a civil action under this section shall not award the prevailing party any monetary damages, compensatory, punitive, or otherwise. (3) Delivery of complaint to House and Senate In any action brought under this section, a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (4) Exclusive jurisdiction and applicable venue (A) In general The district courts of the United States shall have exclusive jurisdiction to hear and determine claims asserting that a congressional redistricting plan violates the requirements of the Constitution or Federal law, including this Act. (B) Applicable venue The applicable venue for such an action shall be the United States District Court for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action. (C) Special rule In a civil action that includes a claim that a redistricting plan is in violation of subsection (b) or (c) of section 4 the United States District Court for the District of Columbia shall have jurisdiction over any defendant who has been served in any United States judicial district in which the defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. (D) Process Process may be served in any United States judicial district where a defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. (5) Use of 3-judge court If an action under this section raises statewide claims under the Constitution or this Act, the action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (6) Review of final decision A final decision in an action brought under this section shall be reviewable on appeal by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other court of appeals. Such appeal shall be taken by the filing of a notice of appeal within 10 days of the entry of the final decision. A final decision by the Court of Appeals may be reviewed by the Supreme Court of the United States by writ of certiorari. (b) Expedited Consideration In any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Remedies (1) Adoption of replacement plan (A) In general If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this Act— (i) the court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 6; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court, in its discretion, may allow a State to develop and propose a remedial congressional redistricting plan for review by the court to determine whether the plan is in compliance with this Act, except that— (I) the State may not develop and propose a remedial plan under this clause if the court determines that the congressional redistricting plan of the State was enacted with discriminatory intent in violation of the Constitution or section 4(b); and (II) nothing in this clause may be construed to permit a State to use such a remedial plan which has not been approved by the court. (B) Prohibiting use of plans in violation of requirements No court shall order a State to use a congressional redistricting plan which violates, in whole or in part, the requirements of this Act, or to conduct an election under terms and conditions which violate, in whole or in part, the requirements of this Act. (C) Special rule in case final adjudication not expected within 3 months of election (i) Duty of court If final adjudication of an action under this section is not reasonably expected to be completed at least 3 months prior to the next regularly scheduled primary election for the House of Representatives in the State, the district court shall, as the balance of equities warrant— (I) develop, adopt, and order the use of an interim congressional redistricting plan in accordance with section 6(f) to address any claims under this Act for which a party seeking relief has demonstrated a substantial likelihood of success; or (II) order adjustments to the timing of primary elections for the House of Representatives and other related deadlines, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (ii) Prohibiting failure to act on grounds of pendency of election The court may not refuse to take any action described in clause (i) on the grounds of the pendency of the next election held in the State or the potential for disruption, confusion, or additional burdens with respect to the administration of the election in the State. (2) No stay pending appeal Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this Act, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. If such a replacement or remedial plan has been adopted, no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal, except upon an order holding, based on the record, that adoption of such plan was an abuse of discretion. (3) Special authority of Court of Appeals (A) Ordering of new remedial plan If, upon consideration of an appeal under this Act, the Court of Appeals determines that a plan does not comply with the requirements of this Act, it shall direct that the District Court promptly develop a new remedial plan with assistance of a special master for consideration by the Court of Appeals. (B) Failure of district court to take timely action If, at any point during the pendency of an action under this section, the District Court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the House of Representatives in the State or fails to grant the relief described in paragraph (1)(C), any party may seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit. The Court of Appeals shall have jurisdiction over the motion for a writ of mandamus and shall establish an expedited briefing and hearing schedule for resolution of the motion. If the Court of Appeals determines that a writ should be granted, the Court of Appeals shall take any action necessary, including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the House of Representatives in the State. (4) Effect of enactment of replacement plan A State’s enactment of a redistricting plan which replaces a plan which is the subject of an action under this section shall not be construed to limit or otherwise affect the authority of the court to adjudicate or grant relief with respect to any claims or issues not addressed by the replacement plan, including claims that the plan which is the subject of the action was enacted, in whole or in part, with discriminatory intent, or claims to consider whether relief should be granted under section 3(c) of the Voting Rights Act of 1965 ( 52 U.S.C. 10302(c) ) based on the plan which is the subject of the action. (d) Attorney’s Fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws (1) Rights and remedies additional to other rights and remedies The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (2) Voting Rights Act of 1965 Nothing in this Act authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ). (f) Legislative privilege No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this Act. (g) Removal (1) In general At any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this Act may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. Consent of parties shall not be required for removal. (2) Claims not within the original or supplemental jurisdiction If a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed. 8. No effect on elections for State and local office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 9. Effective date This Act and the amendments made by this Act shall apply on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5335is/xml/BILLS-117s5335is.xml |
117-s-5336 | II 117th CONGRESS 2d Session S. 5336 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Bennet (for himself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act.
1. Short title This Act may be cited as the PREEMIE Reauthorization Act of 2022 . 2. Research relating to preterm labor and delivery and the care, treatment, and outcomes of preterm and low birthweight infants Section 2(e) of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b–4f(e)) is amended by striking 2019 through 2023 and inserting 2024 through 2028 . 3. Public and health care provider education and support services Section 399Q(c) of the Public Health Service Act ( 42 U.S.C. 280g–5(c) ) is amended by striking 2014 through 2018 and inserting 2024 through 2028 . | https://www.govinfo.gov/content/pkg/BILLS-117s5336is/xml/BILLS-117s5336is.xml |
117-s-5337 | II 117th CONGRESS 2d Session S. 5337 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand eligibility for supportive services for very low-income veteran families to include former members of the reserve components of the Armed Forces, and for other purposes.
1. Expansion of supportive services for very low-income veteran families to include former members of the reserve components of the Armed Forces (a) Expansion of eligibility Section 2044 of title 38, United States Code, is amended— (1) in the section heading, by striking veteran and inserting eligible ; (2) in subsection (a)— (A) in paragraph (1), by striking veteran families and inserting eligible families ; (B) in paragraph (4), by striking veteran families and inserting eligible families ; and (C) in paragraph (6), by striking veteran family and inserting eligible family ; (3) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking veteran families and inserting eligible families ; and (ii) in subparagraph (D)(vii), by striking veteran family and inserting eligible family ; (B) in paragraph (2), by striking veteran families and inserting eligible families ; and (C) in paragraph (3), by striking veteran families and inserting eligible families ; (4) in subsection (c)(2), by striking veteran families each place it appears and inserting eligible families ; (5) in subsection (d)(1), by striking veteran families and inserting eligible families ; and (6) in subsection (f)— (A) in paragraph (6)(A), by striking veteran family each place it appears and inserting eligible family ; and (B) by striking paragraph (7) and inserting the following: (7) The term eligible family includes— (A) a veteran who is a single person; (B) a family in which the head of household or the spouse of the head of household is a veteran; (C) a former member of a reserve component of the Armed Forces who has retired or separated from service after having served a term of enlistment and is a single person; and (D) a family in which the head of household or spouse of the head of household is a former member of a reserve component of the Armed Forces who has retired or separated from service after having served a term of enlistment. . (b) Funding Subsection (e)(1) of such section is amended by adding at the end the following new subparagraph: (I) (i) Such sums as may be available for such purposes for fiscal year 2023, of which $50,000,000 shall be available to carry out subsections (a), (b), and (c) with respect to eligible families described in subparagraphs (C) and (D) of subsection (f)(7). (ii) Any amounts made available under clause (i) to carry out subsections (a), (b), and (c) with respect to eligible families described in subparagraphs (C) and (D) of subsection (f)(7) that remain available after supportive services have been provided to such families under this section shall be available during fiscal year 2023 to carry out subsections (a), (b), and (c) with respect to eligible families described in subparagraphs (A) and (B) of such subsection. . 2. Study on food and housing insecurity experienced by members of the reserve components of the Armed Forces (a) Study on food and housing insecurity Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report detailing plans to establish a study to analyze food and housing insecurity experienced by members of the reserve components of the Armed Forces. (b) Annual report Not later than one year after submitting the report required under subsection (a), and annually thereafter, the Secretary of Defense shall submit to Congress a report including the findings of the study conducted pursuant to subsection (a). (c) Reserve component defined In this section, the term reserve component has the meaning given that term in section 101 of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s5337is/xml/BILLS-117s5337is.xml |
117-s-5338 | II 117th CONGRESS 2d Session S. 5338 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To cap the emissions of greenhouse gases through a requirement to purchase carbon permits, to distribute the proceeds of such purchases to eligible individuals, and for other purposes.
1. Short title This Act may be cited as the Healthy Climate and Family Security Act of 2022 . 2. Findings The Congress finds the following: (1) Carbon dioxide and other greenhouse gas emissions continue to rise. (2) The warming of our planet has led to more frequent, dangerous and expensive extreme weather events, including heat waves, storms, fires, droughts, floods and tornadoes. (3) A 2018 report by the Intergovernmental Panel on Climate Change (IPCC) recommends that serious efforts be made to limit global warming to 1.5°C, which would require that CO 2 emissions fall by 45 percent below 2010 levels by 2030, reaching net zero by the middle of this century. (4) The atmosphere is a common resource that belongs equally to all. (5) Stabilizing the climate can and must be done in a way that supports vibrant economic growth and a thriving middle class. (6) Stabilizing the climate can and must be done in a way that supports environmental justice by reducing pollution affecting communities that have suffered disproportionately from hazards arising from the extraction and combustion of fossil fuels and supports community right-to-know reporting on emissions from fossil fuel combustion. (7) Legislation to address climate change and accelerate the transition to a clean energy economy must be fair, transparent and built to last. 3. Auction of carbon permits and distribution of Healthy Climate Dividends (a) In general The Internal Revenue Code of 1986 is amended by adding at the end the following new subtitle: L Auction of Carbon Permits and Distribution of Healthy Climate Dividends Chapter 101. Cap and Dividend Program Rules. Chapter 102. Healthy Climate Dividends. Chapter 103. Border Adjustments. 101 Cap and Dividend Program Rules Sec. 9901. Definitions. Sec. 9902. Carbon permits. Sec. 9903. Auctions. Sec. 9904. Compliance obligation. Sec. 9905. Penalty for noncompliance. Sec. 9906. Transfers. Sec. 9907. Banking and borrowing. Sec. 9908. Environmental justice. 9901. Definitions For purposes of this subtitle: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Carbon permit The term carbon permit means a carbon permit established by the Secretary under section 9902(a). (3) Covered entity The term covered entity means— (A) in the case of crude oil— (i) any producer of crude oil operating in the United States, and (ii) any importer of crude oil, petroleum, or any petroleum product into the United States, (B) in the case of coal— (i) any coal mine operating in the United States, and (ii) any importer of coal into the United States, and (C) in the case of natural gas— (i) any entity required to submit a report to the Energy Information Agency on Form 176 by reason of delivering natural gas to an end user, and (ii) any natural gas processor not described in clause (i) with respect to sales of natural gas in the United States. (4) Covered fuel The term covered fuel means crude oil, natural gas, coal, or any other product derived therefrom for use as a combustible fuel offered for sale in United States markets. (5) Crude oil The term crude oil includes crude oil condensates, natural gasoline, shale oil, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture, and any oil derived from kerogen-bearing sources. (6) Fair market value The term fair market value means the average auction price for carbon permits during the 4 quarters immediately preceding a failure to surrender, when required under section 9904, the required number of carbon permits under such section. (7) State The term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. (8) Vintage year The term vintage year means the calendar year for which a carbon permit is established under section 9902. (9) Co-pollutant The term co-pollutant means— (A) any criteria pollutant for which there are national ambient air quality standards under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ), and (B) any precursor to such a criteria pollutant which is released in fossil fuel combustion. (10) Frontline communities The term frontline communities means locations in which minority populations and low-income populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands are exposed to disproportionately high and adverse human health or environmental effects of air pollution. 9902. Carbon permits (a) In general The Secretary, in consultation with the Administrator, shall establish a separate quantity of carbon permits for calendar year 2023 and each calendar year thereafter, as set forth under subsection (b). (b) Emissions reduction schedule (1) In general The quantity of carbon permits established by the Secretary, in consultation with the Administrator, under subsection (a) for any calendar year before 2050 that is between the nearest target years specified in paragraph (2) preceding and succeeding such calendar year shall be the quantity of such permits that represents an equal, pro rata reduction from the preceding year to the succeeding year. (2) Targets (A) Initial target The quantity of carbon permits established for 2023 shall be equal to 15 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015. (B) Decadal targets The quantity of carbon permits established for— (i) 2027 shall be equal to 35 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015, (ii) 2030 shall be equal to 50 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015, (iii) 2038 shall be equal to 60 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015, (iv) 2044 shall be equal to 80 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015, and (v) 2050 shall be equal to 90 percent less than the number of metric tons of carbon dioxide emitted in the United States in 2015. (3) Reports (A) Calendar year 2050 In 2050 the Secretary, after consultation with the Administrator, shall submit a report to Congress making recommendations concerning the program established under this subtitle for years after 2050, including the quantity of carbon permits to be established and any reductions that may be necessary to ensure a net zero carbon economy and a healthy climate. (B) Averting catastrophic climatic impact Not later than 4 years after the date of the enactment of this section, and every 4 years thereafter, the Secretary shall report to Congress on any recommended revisions to the decadal targets under paragraph (2) and the basis for those recommendations if the Secretary, after consultation with the Administrator, determines the emissions reductions targets under this subsection should be further tightened in order to— (i) reach a net-zero carbon economy by 2050, or (ii) avert catastrophic climate impacts. (c) Identification numbers The Secretary shall assign to each carbon permit established under subsection (a) a unique identification number that includes the vintage year for that carbon permit. (d) Legal status of carbon permits (1) In general A carbon permit does not constitute a property right. (2) Termination or limitation Nothing in this subtitle or any other provision of law shall be construed to limit or alter the authority of the United States, including the Secretary acting pursuant to statutory authority, to terminate or limit a carbon permit. (3) Other provisions unaffected Nothing in this subtitle relating to carbon permits issued under this section shall affect the application of any other provision of law to a covered entity (including the Clean Air Act), or the responsibility for a covered entity to comply with any such provision of law. Regional and State greenhouse gas initiatives are not preempted by this subtitle. (e) Regulations Not later than December 31, 2023, the Secretary shall promulgate regulations to carry out the provisions of this subtitle. 9903. Auctions (a) Periodic auctions The Secretary shall conduct periodic public auctions of carbon permits established under section 9902(a). The Secretary shall conduct at least 1 such auction in each calendar quarter of each year for which carbon permits are established, and shall distribute the available permits for each such year pro rata among the quarters of such year. (b) Auction rules The Secretary shall— (1) limit auction participation only to covered entities, (2) establish a limit on the amount of carbon permits that can be purchased by a single entity at each auction and an aggregate limit on the total amount of permits that can be held by a single entity at any one time that— (A) reflects anticipated sector and participant demand, (B) prevents speculation, manipulation, or hoarding of permits, and (C) does not interfere with normal market competition, and (3) set a minimum permit price at the initial auction of $40 per ton of carbon dioxide that will be released when the covered fuel is burned, increase this minimum price by $10 in each successive year and adjust for inflation, and have the authority to set higher minimum permit prices. (c) Unsold permits Any carbon permit unsold at the auction at which it is offered shall expire. 9904. Compliance obligation (a) In general Not later than April 1, 2023, and April 1 of each year thereafter, each covered entity shall surrender to the Secretary a quantity of carbon permits at least as great as the number of metric tons of carbon dioxide that the Secretary, in consultation with the Administrator, determines would be emitted by the combustion of covered fuels with respect to which the covered entity made the first sale in United States markets during the previous calendar year. (b) Use treated as sale For purposes of subsection (a), consumption for an emitting use by the covered entity of covered fuels produced by the covered entity shall be treated as a first sale. 9905. Penalty for noncompliance (a) In general Any covered entity that fails for any year to surrender, by the deadline described in section 9904, one or more of the carbon permits due pursuant to such section shall be required to surrender permits in order to meet this past due obligation and shall be liable for payment to the Secretary of a penalty in the amount described in subsection (b). (b) Amount The amount of a penalty required to be paid under subsection (a) shall be equal to the product obtained by multiplying— (1) the number of carbon permits that the covered entity failed to surrender by the deadline, by (2) 3 times the fair market value of carbon permits issued for emissions occurring in the calendar year for which the carbon permits were due. (c) Timing A penalty required under this section shall be immediately due and payable to the Secretary, without demand, in accordance with regulations promulgated by the Secretary, which shall be issued not later than 1 year after the date of enactment of this subtitle. (d) No effect on liability A penalty due and payable by the covered entity under this section shall not diminish the liability of the covered entity for any fine, penalty, or assessment against the covered entity for the same violation under any other provision of law. (e) Penalty not deductible No deduction shall be allowed under subtitle A for a penalty paid under this section. 9906. Tracking The regulations promulgated under section 9902(e) shall include a system for issuing, recording, holding, and tracking carbon permits that shall specify all necessary procedures and requirements for an orderly and competitive functioning of the carbon permit system. Such regulations shall provide for appropriate publication of the information in the system on the internet. 9907. Banking (a) Banking A carbon permit may be used to meet the compliance obligation requirements of section 9904 for emissions only in the permit’s vintage year, the year prior, or the year following. At least 80 percent of permits used by an entity to meet its compliance obligation for a year must be of that year’s vintage. The Secretary shall have the authority to establish stricter requirements for the percentage of the compliance obligation for a year that must be met with permits of that year’s vintage, and to establish penalties for failure to comply. (b) Expiration A carbon permit shall expire when— (1) it is surrendered to the Secretary under section 9904, (2) it has been held by a covered entity and has not been surrendered to the Secretary under section 9904 within 18 months after the end of its vintage year, or (3) the Secretary determines by regulation that expiration is necessary to ensure the authenticity and integrity of carbon permits or the carbon permit tracking system. 9908. Environmental justice (a) In general This chapter shall be implemented to the extent practicable to ensure that reductions in carbon emissions are accompanied by commensurate reductions in emissions of co-pollutants from fossil fuel combustion that impact frontline communities. (b) Report on Air Quality Methods Development Not later than 1 year after the date of enactment of this section, the Administrator shall submit to Congress a report detailing efforts to increase air quality monitoring deployment and technical assistance at the Federal, State, local, and tribal level. (c) Air quality monitoring in frontline communities The Administrator (or the Administrator's delegate) is authorized to provide for trends monitoring of ambient air quality in frontline communities and monitoring of co-pollutant emissions from sources located in or near such communities that impact their pollution burden. Not later than 3 years after the date of the enactment of this section, any information from such monitors shall be recorded and reported at the level of monitor and pollutant, and made available to the public to support effective community participation in the making of environmental policies. (d) Environmental justice guarantee In cases where co-pollutant emissions impacting frontline communities have not declined at a rate equal to the carbon dioxide emissions targets established in section 9902(b)(2), the Administrator is authorized to implement or promulgate additional regulatory measures to ensure such reductions. (e) Environmental justice review Not later than 4 years after the date of enactment of this section, and annually thereafter, the Administrator shall implement an annual review to determine frontline communities, evaluate the effects of the enactment of this chapter on environmental justice, and recommend further corrective measures if needed. (f) Appropriations Out of any money in the Treasury not otherwise appropriated, there shall be appropriated such sums as are necessary to carry out the purposes of this section, to remain available until expended. 102 Healthy Climate Dividends Sec. 9911. Healthy Climate Trust Fund. Sec. 9912. Healthy Climate Dividend Payments. Sec. 9913. Transparency. 9911. Healthy Climate Trust Fund (a) Establishment There is established in the Treasury of the United States a trust fund to be known as the Healthy Climate Trust Fund , consisting of such amounts as may be appropriated to such trust fund as provided for in this section. (b) Transfers (1) Proceed amounts There are appropriated to the Healthy Climate Trust Fund amounts equivalent to funds received as proceeds under section 9903. (2) Penalty amounts There are appropriated to the Healthy Climate Trust Fund amounts equivalent to funds received as penalties under section 9905. (c) Expenditures (1) Administrative expenses Out of any amounts in the Treasury not otherwise appropriated, there shall be appropriated such sums as are necessary to pay the administrative expenses necessary to carry out this chapter. (2) Healthy Climate Dividend Payments Amounts in the Healthy Climate Trust Fund not used under paragraph (1) for any month shall be available for making Healthy Climate Dividend Payments under section 9912. 9912. Healthy Climate Dividend Payments (a) In general For purposes of this section: (1) Healthy Climate Dividend Payment The term Healthy Climate Dividend Payment means the individual pro rata share, as determined by the Secretary, of amounts available for any quarter in the Healthy Climate Trust Fund under section 9911(c)(2). The amounts so available for any quarter shall be equal to the proceeds from auctions conducted under section 9903 in the preceding calendar quarter. (2) Eligible individual (A) In general The term eligible individual means, with respect to any quarter, any individual with a valid social security number (other than a nonresident alien individual) who is lawfully present in the United States for such quarter, as determined and verified by the Secretary in consultation with any other Federal entity the Secretary determines appropriate. (B) Opt out An individual may elect not to be treated as an eligible individual. (b) Payment of Healthy Climate Dividend From amounts made available under section 9911(c)(2), the Secretary shall make a Healthy Climate Dividend Payment not later than the end of the calendar quarter following the calendar quarter in which such amounts are appropriated to the Healthy Climate Trust Fund under section 9911 to each eligible individual for that quarter. Such payments shall be made by electronic means to the maximum extent practicable. (c) Exclusion from gross income Gross income shall not include any Healthy Climate Dividend paid under this section. (d) Regulations The Secretary shall prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section. 9913. Transparency (a) Report to Congress Not later than June 30, 2024, and at least annually thereafter, the Secretary shall transmit to Congress a report accounting for the disposition of amounts in the Healthy Climate Trust Fund in the previous calendar year. (b) Healthy Climate Trust Fund Website Not later than 90 days after the date of the enactment of this subtitle, the Secretary shall establish and maintain a website to provide the public with information on the disposition of any amounts in the Healthy Climate Trust Fund. 103 Border Adjustments Sec. 9921. Carbon equivalency fee. Sec. 9922. Definitions. Sec. 9923. Sense of Congress. 9921. Carbon equivalency fee (a) Imports The Secretary shall impose carbon equivalency fees to be collected by the Commissioner responsible for U.S. Customs and Border Control on imports of carbon-intensive goods. The amount of the carbon equivalency fee shall be equal to the cost that domestic producers of a comparable carbon-intensive good incur as a result of— (1) prices paid in the acquisition of carbon permits by covered entities under this subtitle, and (2) carbon equivalency fees paid by importers of carbon-intensive goods used in the production of the comparable carbon-intensive good. (b) Payments to Exporters The Secretary shall pay without interest to entities exporting from the United States carbon-intensive goods produced in the United States. The amount of the payment shall be equal to the cost that domestic producers of the carbon-intensive good incur as a result of— (1) prices paid in the acquisition of carbon permits by covered entities under this subtitle, and (2) carbon equivalency fees paid by importers of carbon-intensive goods used in the production of the comparable carbon-intensive good. (c) Expiration This section shall cease to have effect at such time as and to the extent that— (1) an international agreement requiring countries that emit greenhouse gases and produce carbon-intensive goods for export markets to adopt equivalent measures comes into effect, or (2) the country of export has implemented equivalent measures, as determined by the Secretary, in consultation with the Secretary of State. 9922. Definitions In this chapter: (1) Carbon-intensive good The term carbon-intensive good means a good that, as identified by the Secretary, in consultation with the Administrator, by rule— (A) is a primary product, or (B) is a manufactured item in which one or more primary products are inputs and the cost of production of which in the United States is significantly increased by reason of the requirements under this subtitle. (2) Primary product The term primary product means— (A) iron, steel, steel mill products (including pipe and tube), aluminum, cement, glass (including flat, container, and specialty glass and fiberglass), pulp, paper, chemicals, or industrial ceramics, and (B) any other manufactured product that the Secretary, in consultation with the Administrator, determines— (i) is sold for purposes of further manufacture, and (ii) generates, in the course of the manufacture of the product, direct and indirect greenhouse gas emissions that are comparable (on an emissions-per-dollar of output basis) to emissions generated in the manufacture or production of a primary product identified in subparagraph (A). (3) Equivalent measure The term ‘equivalent measure’ means a tax, or other regulatory requirement that imposes a cost, on manufacturers of carbon-intensive goods located outside the United States, by reason of greenhouse gas emissions in the production of such goods by such manufacturers, approximately equal to the cost imposed by this subtitle on manufacturers of comparable carbon-intensive goods located in the United States. 9923. Sense of Congress It is the sense of Congress that the United States should work proactively under the United Nations Framework Convention on Climate Change and in other appropriate fora, to establish binding agreements committing all major greenhouse gas emitting countries and countries with globally competitive producers of carbon-intensive goods to contribute equitably to the reduction of global greenhouse gas emissions on a schedule and order of magnitude necessary to stabilize the climate. . (b) Clerical amendment The table of subtitles for the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Subtitle L. Auction of Carbon Permits and Distribution of Healthy Climate Dividends. . 4. Non-auction greenhouse gases (a) Definitions In this section: (1) The term Administrator means the Administrator of the Environmental Protection Agency. (2) The term non-auction greenhouse gas refers to the gases included on the list in effect under subsection (b). (b) List of non-Auction greenhouse gases (1) Initial list Not later than 2 years after the date of the enactment of this Act, the Administrator, by rule, shall finalize and publish a list that— (A) consists of the anthropogenically emitted gases that are determined by the Administrator to contribute to global warming; and (B) excludes gases to the extent they are— (i) carbon dioxide emitted by the combustion of a covered fuel (as such term is defined in section 9901 of the Internal Revenue Code of 1986, as added by section 3(a) of this Act); or (ii) directly attributable to the production of animals for food or food products. (2) Updates The Administrator shall periodically review and, as appropriate, update the list under paragraph (1). (c) Regulations (1) In general Under the authorities vested in the Administrator by the Clean Air Act ( 42 U.S.C. 7401 et seq. ) and any other applicable law (other than this section), the Administrator shall promulgate regulations addressing the contribution of non-auction greenhouse gases to global warming. (2) International competitiveness In promulgating regulations under this subsection, the Administrator shall take into consideration the effect of such regulations on the international competitiveness of businesses and industries of the United States. (d) Schedule (1) In general The regulations under subsection (c) shall ensure that— (A) not later than 4 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 25 percent of non-auction greenhouse gases emitted in the United States; (B) not later than 6 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 50 percent of non-auction greenhouse gases emitted in the United States; (C) not later than 8 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit not less than 75 percent of non-auction greenhouse gases emitted in the United States; and (D) not later than 10 years after the date of enactment of this Act, requirements take effect to regulate sources which, collectively, emit 100 percent of non-auction greenhouse gases emitted in the United States. (2) Baseline The percentages specified in paragraph (1) shall be applied relative to the aggregate quantity of non-auction greenhouse gases emitted in the United States during the calendar year in which the initial list under subsection (b)(1) is required to be finalized by such subsection. (e) Priorities In determining priorities for regulating the emissions of non-auction greenhouse gases under subsection (c), the Administrator shall consider— (1) the degree to which the gases involved contribute to global warming; and (2) the speed with which a given reduction would contribute to stabilizing the climate. (f) Citizen suits The provisions of section 304 of the Clean Air Act ( 42 U.S.C. 7604 ) shall apply with respect to a violation of a requirement under this section, or the failure of the Administrator to perform a non-discretionary act or duty under this section, to the same extent and in the same manner as such provisions apply with respect to a violation described in subsection (a) of such section 304 or a failure to perform a non-discretionary act or duty described in such subsection. (g) Report to Congress Not later than 2 years after the date of the enactment of this Act, the Administrator shall submit a report to the Congress identifying any additions or modifications to statutory provisions which are needed for the Administrator to effectively address the contribution of non-auction greenhouse gases to global warming. 5. Disclosure of information (a) Limited disclosure of identity Subsection (l) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (23) Limited disclosure of identity information relating to Healthy Climate Dividend Payments (A) Department of the Treasury Individual identity information shall, without written request, be open to inspection by or disclosure to officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for purposes of section 9912. (B) Commissioner of Social Security The Commissioner of Social Security shall, on written request, disclose to officers and employees of the Department of the Treasury individual identity information which has been disclosed to the Social Security Administration as provided by paragraph (1) or (5). (C) Restriction on disclosure Information disclosed under this paragraph shall be disclosed only for purposes of, and to the extent necessary in, carrying out section 9912. . (b) Conforming amendments Section 6103(p)(3)(A) of the Internal Revenue Code of 1986 is amended by striking or (18) and inserting , (23), or (21) . 6. Preservation of remedies (a) In general Nothing in this Act preempts, displaces, or restricts any State or Federal common law or statutory rights that create a remedy for civil relief, including those for civil damages, or that create a penalty for criminal conduct. (b) Claims related to fossil fuels and climate change Notwithstanding any other provision of law, nothing in this Act, the Clean Air Act ( 42 U.S.C. 7401 et seq. ), or Federal common law preempts, displaces, or restricts any right or remedy of any person, State, city, county, or local or Tribal government under State or local statute, ordinance, or common law related to any allegation of— (1) deception concerning the effects of fossil fuels on climate change; (2) damage or injury resulting from the role of fossil fuels in contributing to climate change; or (3) the failure to avoid any damage or injury related to— (A) climate change, including claims for nuisance, trespass, design defect, negligence, failure to warn, or deceptive or unfair practices; and (B) claims for injunctive, declaratory, monetary, or other relief. 7. Effective date The amendments made by this Act shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s5338is/xml/BILLS-117s5338is.xml |
117-s-5339 | II 117th CONGRESS 2d Session S. 5339 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Coons (for himself, Mr. Portman , Ms. Klobuchar , and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support research about the impact of digital communication platforms on society by providing privacy-protected, secure pathways for independent research on data held by large internet companies.
1. Short title; table of contents (a) Short title This Act may be cited as the Platform Accountability and Transparency Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Qualified research projects, qualified researchers, and qualified data and information. Sec. 4. Obligations and immunity for platforms. Sec. 5. Obligations and immunity for qualified researchers. Sec. 6. Reporting. Sec. 7. Enforcement. Sec. 8. Amendment to the Communications Decency Act. Sec. 9. Establishing a safe harbor for research on social media platforms. Sec. 10. Rulemaking authority. Sec. 11. Authorization of appropriations. Sec. 12. Severability. 2. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Chair The term Chair means the Chair of the Federal Trade Commission. (3) NSF The term NSF means the National Science Foundation. (4) Personal information The term personal information means any information, regardless of how the information is collected, inferred, or obtained that is linked or reasonably linkable to a specific consumer or consumer device. (5) Platform The term platform means any entity subject to the jurisdiction of the Federal Trade Commission under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) that— (A) operates a website, desktop application, augmented or virtual reality application, or mobile application that— (i) permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing the user to create, share, and view user-generated content through such an account or profile; (ii) enables one or more users to generate content that can be viewed by other users of the platform; and (iii) primarily serves as a medium for users to interact with content generated by other users of the platform and for the platform to deliver ads to users; and (B) has at least 50,000,000 unique monthly users in the United States for a majority of the months in the most recent 12-month period. (6) Qualified data and information (A) In general Subject to subparagraph (B), the term qualified data and information means data and information from a platform— (i) that the NSF determines is necessary to allow a qualified researcher to carry out a qualified research project; and (ii) that— (I) is feasible for the platform to provide; (II) is proportionate to the needs of the qualified researchers to complete the qualified research project; (III) will not cause the platform undue burden in providing the data and information to the qualified researcher; and (IV) would not be otherwise available to the qualified researcher. (B) Exclusions Such term does not include any of the following: (i) Direct and private messages between users. (ii) Biometric information, such as a fingerprint, voiceprint, eye retinas, irises, or other unique biological patterns or characteristics. (iii) Precise geospatial information. (7) Qualified researcher (A) In general Subject to subparagraph (B), the term qualified researcher means a researcher affiliated with a United States university or a United States nonprofit organization (as described in section 501(c) of the Internal Revenue Code of 1986) that is specifically identified in a research proposal that is approved as a qualified research project pursuant to section 3. (B) Exclusion Such term does not include a researcher who is affiliated with a Federal, State, local, or tribal law enforcement or intelligence agency. (8) Qualified research project The term qualified research project means a research plan that has been approved pursuant to section 3. (9) State The term State means each of the 50 States of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (10) User The term user means a person that uses a platform for any purpose, including advertisers and sellers, regardless of whether that person has an account or is otherwise registered with the platform. 3. Qualified research projects, qualified researchers, and qualified data and information (a) Establishment Not later than 1 year after the date of enactment of this Act, the NSF and the Commission shall jointly establish a research program to review research applications for approval as qualified research projects. (b) Research program requirements The research program established by the NSF and the Commission under this section shall— (1) provide that the NSF shall— (A) establish a process to solicit research applications in order to identify qualified research projects; (B) review research applications for scientific merit; (C) ensure research applications identify proposed qualified researchers; (D) publish guidelines and criteria to be used by the NSF in determining how it will review research applications seeking approval to be a qualified research project; (E) identify, in consultation with the Commission, what data and information in a platform’s possession will be qualified data and information for the purposes of carrying out a qualified research project; (F) ensure that approved research applications do not request data described in section 2(6)(B); and (G) prescribe and publish guidelines and criteria, in consultation with the Commission, used to determine how the NSF and Commission will identify qualified data and information necessary to conduct a qualified research project; (2) provide that the Commission shall— (A) review research applications for privacy and cybersecurity risks; (B) establish appropriate privacy and cybersecurity safeguards that a platform must implement in the provision of, and with which qualified researchers must comply to access, qualified data and information that a platform is required to share with qualified researchers pursuant to a qualified research project, and such safeguards— (i) must account for the relative sensitivity of the qualified data and information involved and be sufficient to protect such data and information; and (ii) may include alternative protections, as appropriate and in consideration of the aims of the qualified research project, including— (I) encryption of the data in transit and when not in use; (II) delivery of the data in a format that employs methods to prevent qualified researchers from identifying individuals in the dataset; (III) data access logs; and (IV) keystroke logs; (C) in the case of each qualified research project, consider whether to require the platform to provide a secure physical or virtual environment to facilitate delivery of the qualified data and information; (D) establish appropriate privacy and cybersecurity safeguards that a qualified researcher must implement when receiving, storing, or analyzing qualified data and information or generating new data using such qualified data and information, including inferential data based on such qualified data and information, and such safeguards may include a requirement that a qualified researcher delete qualified data and information after completion of a qualified research project, however any such safeguard must provide the qualified researcher the ability to retain enough information about the qualified data and information to allow the researcher or their peers to recreate the qualified research project upon request to, and approval from, the NSF and Commission pursuant to this section; (E) publish a list of criteria for determining the privacy and cybersecurity safeguards required for qualified data and information related to a qualified research project; (F) provide platforms with the opportunity to provide comment about the privacy and cybersecurity safeguards required for a qualified research project; (G) provide researchers with the opportunity to provide comment about the privacy and cybersecurity safeguards required for a qualified research project; (H) establish a process to ensure that qualified researchers will be able to comply with any such privacy and cybersecurity safeguards; and (I) publish a list of criteria for determining whether qualified researchers will be able to comply with any such privacy and cybersecurity safeguards; (3) provide that a research application may not be denied on grounds of the race, color, age, sex, national origin, political affiliation, or disability of the researcher; (4) provide that a research application shall not be approved as a qualified research project unless it— (A) has been approved by an institutional review board; (B) has been deemed exempt from institutional review board review; or (C) is excluded from the criteria for institutional review board review; (5) provide a platform the opportunity to comment on and appeal the approval of a qualified research project for which the platform is required to provide qualified data and information to the NSF and Commission on the grounds that— (A) the platform cannot provide the qualified data and information; (B) providing access to the qualified data and information would lead to significant vulnerabilities in the security of the platform’s service or user privacy; or (C) the privacy and cybersecurity safeguards established by the Commission are not sufficient to protect the qualified data and information; and (6) require that any analysis by a qualified researcher derived from a qualified research project that the qualified researcher intends to publish undergo prepublication review by the Commission to ensure that the analysis does not expose personal information, or trade secrets. (c) Qualified researcher capacity A qualified research project may not proceed unless the proposed qualified researchers can demonstrate that they have the capacity to comply with the privacy and cybersecurity safeguards established for the qualified research project. (d) Aim of project A research application shall not be approved as a qualified research project unless it is in the public interest, aims to study activity on a platform, and is used for noncommercial purposes. (e) No judicial review A determination by the Commission and the NSF under this section regarding whether a research application will be deemed a qualified research project shall not be subject to judicial review. (f) No government access If a platform provides qualified data and information to a qualified researcher, no government entity may seek access to such qualified data and information from the qualified researcher. (g) Researcher consortia The Commission and NSF shall establish procedures and necessary safeguards under this section that allow for consortia of researchers to apply to seek data for the purpose of conducting a series of qualified research projects. 4. Obligations and immunity for platforms (a) Provision of qualified data and information A platform shall provide access to qualified data and information relating to a qualified research project to a qualified researcher under the terms and privacy and cybersecurity safeguards dictated by the Commission for the purpose of carrying out the qualified research project. (b) Continued access to qualified data and information (1) In general A platform may not restrict or terminate a qualified researcher’s access to qualified data and information for an ongoing qualified research project unless the platform has a reasonable belief that the qualified researcher is not acting in accordance with the cybersecurity and privacy safeguards required for the qualified research project. (2) Notice and review of change to access If a platform restricts or terminates a qualified researcher's access to qualified data and information for an ongoing qualified research project— (A) the platform shall, within a reasonable time (as established by the Commission), inform the Commission in writing that the platform has restricted or terminated the qualified researcher's access to the qualified data and information; and (B) the Commission shall promptly review the platform's decision and determine whether the qualified researcher has violated the privacy and cybersecurity safeguards established for the qualified research project. (c) Notice to platform users The Commission shall issue regulations requiring that platforms, through posting of notices or other appropriate means, keep users informed of their privacy protections and the information that the platform is required to share with qualified researchers under this Act. (d) Safe harbor No cause of action under State or Federal law arising solely from the release of qualified data and information to qualified researchers in furtherance of a qualified research project may be brought against any platform that complies with the Act. (e) Right of review If a platform fails to provide all of the qualified data and information required under the terms of a qualified research project to the qualified researcher conducting the project, the qualified researcher or the researcher's affiliated university or nonprofit organization may bring an action in district court for injunctive relief or petition the Commission to bring an enforcement action against the platform. (f) Security Nothing in this Act shall be construed to restrict a platform’s ability to: (1) Take immediate steps to protect an interest that is essential for the life or physical safety of a natural person. (2) Respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or illegal activity, preserve the integrity of security of systems, or investigate or report those responsible for such actions. 5. Obligations and immunity for qualified researchers (a) Scope of permitted use of qualified data and information Each qualified researcher who accesses qualified data and information shall use the qualified data and information— (1) only for the purposes of conducting research authorized under the terms of the qualified research project involved; and (2) in accordance with the privacy and cybersecurity safeguards prescribed by the Commission for the qualified research project. (b) Protection of personal information A qualified researcher that is provided access to qualified data and information for purposes of a qualified research project may not— (1) attempt to reidentify, disclose, publish, or use for commercial purpose personal information derived from such qualified data and information; or (2) disclose such qualified data and information to a third party for any reason. (c) Effect of violation of information and privacy standards Qualified researchers who intentionally, recklessly, or negligently violate the privacy and cybersecurity safeguards prescribed by the Commission for a qualified research project may be subject to both civil and criminal enforcement, under applicable Federal, State, and local laws. The Commission may refer any such violation to the Department of Justice or the appropriate State law enforcement agency. 6. Reporting Not later than 24 months after the date of enactment of this Act, and annually thereafter, the NSF and the Commission shall submit to the Congress a joint report regarding the operation of this Act, which shall include a detailed statement of all qualified research projects, including with respect to each such project: (1) The identity of any authorized qualified researcher and the institution the researcher is affiliated with. (2) The platforms required to provide qualified data and information to qualified researchers. (3) The categories of qualified data and information each platform was required to provide. (4) The terms of the privacy and cybersecurity safeguards prescribed by the Commission to ensure the security of the qualified data and information. (5) Any recommendations for improvements to the operation of this Act in order to facilitate its aim of providing enhanced platform transparency. 7. Enforcement (a) Unfair or deceptive act or practice (1) In general A platform's failure to comply with subsection (a) or (b) of section 4, or a qualified researcher's failure to comply with subsection (a) or (b) of section 5, shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general The Commission shall enforce the provisions of this Act specified in paragraph (1) 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. ) were incorporated into and made a part of this section. (B) Privileges and immunities Any person that violates the provisions of this Act specified in paragraph (1) 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. ). (b) Regulations The Commission shall have the authority to promulgate, in the manner prescribed by 5 U.S.C. 553 , such rules and regulations as it may deem necessary to carry out its responsibilities under this Act. (c) Civil enforcement authority Whenever the Commission shall have reason to believe that a platform or qualified researcher has been or is in violation of any provision of this Act, the Commission may commence a civil action in a district court of the United States for an injunction against the platform or qualified researcher. Remedies in an injunctive action brought by the Commission are limited to an order enjoining, restraining, or preventing any act or practice that constitutes a violation of this Act and imposing a civil penalty of up to $10,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the Attorney General of the United States. Such penalty shall be in addition to other penalties as may be prescribed by law. (d) Attorney's fees and other costs In the event any enforcement action is appealed, the prevailing party in the action may, in the discretion of the court, recover the costs of the action including reasonable investigative costs and attorneys' fees. 8. Amendment to the Communications Decency Act Section 230(c)(1) of the Communications Act of 1934 ( 47 U.S.C. 230(c)(1) ) is amended— (1) by striking No provider or user and inserting the following: (A) In general Except as provided in subparagraph (B), no provider or user ; and (2) by adding at the end the following: (B) Data access and transparency compliance (i) Definitions In this subparagraph, the terms platform , qualified data and information , qualified researcher , and qualified research project have the meanings given those terms in section 2 of the Platform Accountability and Transparency Act . (ii) Exception to immunity Subparagraph (A) shall not apply with respect to a claim against a provider of an interactive computer service in a civil action if— (I) the provider is a platform that has been determined by a final order of the Federal Trade Commission or a Federal court to have failed to provide qualified data and information pursuant to a qualified research project, in violation of section 6(a) of the Platform Accountability and Transparency Act ; and (II) this failure to comply was a direct and substantial contributor to the harm alleged by the claimant that is the basis for the claim to relief. . 9. Establishing a safe harbor for research on social media platforms (a) In general No civil claim will lie, nor will any criminal liability accrue, against any person for collecting covered information as part of a news-gathering or research project on a platform, so long as— (1) the information is collected through a covered method of digital investigation; (2) the purpose of the project is to inform the general public about matters of public concern; (3) with respect to information that is collected through a covered method of digital investigation— (A) the information is not used except to inform the general public about matters of public concern; and (B) the person takes reasonable measures to protect the privacy of the platform's users; (4) with respect to the creation and use of a research account, the person takes reasonable measures to avoid misleading the platform’s users; and (5) the project does not materially burden the technical operation of the platform. (b) Regulations No later than 1 year after the date of the enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5— (1) defining covered method of digital investigation, which phrase, as defined, must encompass— (A) the collection of data from a platform's user-facing interface through automated means; (B) the collection of data donated by a user, including through a browser extension or plug-in, where the donation is in connection with the project and with the user's explicit consent; and (C) the creation or use of research accounts; (2) defining covered information, which phrase, as defined, must encompass— (A) publicly available information, except that such term should not exclude data merely because an individual must log into an account in order to see it; (B) information about ads shown on the platform, including the ads themselves, the advertiser’s name and disclosure string, and information the platform provides to users about how an ad was targeted; and (C) any other category of information the collection of which the Commission determines, consistent with paragraph (3), will not unduly burden user privacy; (3) defining reasonable measures to protect the privacy of the platform’s users under subsection (a)(3), including by specifying the measures that must be taken to— (A) avoid the collection and retention of non-public information that would readily identify a user without that user's consent; (B) prevent the theft and accidental disclosure of any data collected; (C) ensure that the data at issue is not used for any purpose other than to inform the general public about matters of public concern; and (D) restrict the publication or other disclosure of any data that would readily identify a user without the user's consent, except when such user is— (i) an advertiser and the data concerns an advertisement; or (ii) a public official, candidate for public office, or public figure; (4) defining reasonable measures to avoid misleading the platform’s users under subsection (a)(4); and (5) defining materially burden the technical operation of a platform under subsection (a)(5). (c) Amendment of regulations The Commission may, as necessary, in consultation with relevant stakeholders, amend regulations promulgated pursuant to subsection (b) to the extent such amendment will accomplish the purposes of this section. (d) Reporting In December of each calendar year beginning with calendar year 2023, the Commission shall require each operator of any platform to submit an annual report to the Commission that addresses whether the measures prescribed under subsections (b)(3) and (b)(4) of this section are adequately protecting the platform’s users. (e) Definition of research account For purposes of this section, the term research account means an account on a platform that is created and used solely for the purposes of a news-gathering or research project that meets the requirements of subsection (a) and for no longer than is necessary to complete such project. 10. Rulemaking authority (a) Additional reporting requirements (1) In general In consultation with the NSF, the Commission may, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations that require platforms to make available to qualified researchers data, metrics, or other information that the Commission determines will facilitate independent research in the public interest into activity on platforms. (2) Factors In exercising its authority under this subsection, the Commission shall consider the extent to which disclosures under this subsection may facilitate collaboration amongst qualified researchers and alleviate burdens on platforms and qualified researchers as compared to qualified research projects conducted pursuant to section 3. (3) Form and frequency; retention of information The Commission shall specify in the regulations the required form and frequency of reporting or disclosures, as well as how long information should be retained and made available. It may require the information be provided in a form that is accessible for analysis by qualified researchers, such as through an application programming interface. (4) Consultation The Commission shall further consult with the National Institutes of Health and other relevant government agencies, as appropriate, in exercising its authority under this subsection. (5) Applicability of prior sections The Commission shall establish privacy and cybersecurity safeguards applicable to platforms and qualified researchers for data made available to qualified researchers under this section in the manner described in section 3 for data made available under that section. The obligations and immunities for platforms and qualified researchers described in sections 4 and 5 shall apply to data disclosed to qualified researchers under this section, and the provisions of section 7 may be invoked to enforce this section. (b) Transparency of certain content and user accounts (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to make available to the public on an ongoing basis, in a specific section of their online interface, through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces, a repository containing information regarding reasonably public content on the platform that— (A) has been highly disseminated; or (B) was originated or spread by major public accounts. (2) Disclosure of public content samplings The regulations issued under paragraph (1) shall further require platforms to disclose on an ongoing basis statistically representative samplings of reasonably public content, including, at a minimum, a sampling that is weighted by the number of impressions the content receives. (3) Required information The information required to be disclosed about content described in paragraphs (1) and (2) shall include, as appropriate— (A) the user-generated content itself, including any text, images, videos, links, and keywords; (B) platform-generated content displayed in connection with the user-generated content, including any dates, labels, disclaimers, or metrics; (C) metrics about the extent of dissemination of or engagement with the content, including the number of impressions, reach, and engagements; (D) information about the extent to which the content was recommended, amplified, or restricted by platform algorithms or policies; (E) reasonably public information about the user accounts responsible for the content; and (F) public uniform resource locators that uniquely link to the content and identify related materials such as the parent content, replying content, and cross-posted content. (4) Highly disseminated content As part of the regulations issued under paragraph (1), the Commission shall define highly disseminated according to metrics that the Commission deems appropriate (which may include engagement, views, reach, impressions, or other metrics), provided that a piece of content must have been viewed by at least 10,000 unique users to qualify. (5) Major public accounts As part of the regulations issued under paragraph (1), the Commission shall define major public accounts as it deems appropriate, provided that, at a minimum, major public accounts are restricted to reasonably public accounts whose content is followed by at least 25,000 users or otherwise regularly reaches at least 25,000 users per month. (6) Treatment of content that has been removed The regulations described in paragraph (1) shall provide guidance regarding disclosure of content that is removed by the user or platform subsequent to its dissemination. (7) Frequency To the extent practicable, the Commission shall require this information to be updated so as to provide a real-time understanding of the content described in paragraphs (1) and (2). (c) Transparency of advertising (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to disclose on an ongoing basis information regarding advertising on the platform. These regulations shall require platforms to compile and disclose publicly in a specific section of their online interface, through a searchable and reliable tool that allows multicriteria queries and through application programming interfaces, a repository containing the information referred to in paragraph (2), for the entire period during which they present an advertisement and until one year after the advertisement was presented for the last time on their online interfaces. Platforms shall ensure that the repository does not contain any personal data of the recipients of the service to whom the advertisement was or could have been presented. (2) Information required The information required to be included in the repository required under paragraph (1) shall include at least all of the following information: (A) The content of the advertisement, including the name of the product, service or brand and the subject matter of the advertisement. (B) The natural or legal person on whose behalf the advertisement is presented. (C) The natural or legal person who paid for the advertisement, if that person is different from the person referred to in subparagraph (B). (D) The period during which the advertisement was presented. (E) Whether the advertisement was intended to be presented specifically to one or more particular groups of recipients of the service and if so, the main parameters used for that purpose including where applicable the main parameters used to exclude one or more of such particular groups. (F) The total number of recipients of the service reached and, where applicable, aggregate numbers broken down by group or groups of recipients that the advertisement specifically targeted. (G) Information about the extent to which the advertisement was recommended, amplified, or restricted by platform algorithms or policies. (3) Treatment of removed ads The regulations described in paragraph (1) shall provide guidance regarding disclosure of ads that are removed by the user or platform subsequent to its dissemination. (4) Frequency To the extent practicable, the Commission shall require this information to be updated so as to provide a real-time understanding of the content described in paragraph (2). (d) Transparency of algorithms and company metrics and data (1) In general Not later than 1 year after enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to report publicly on their use of recommender or ranking algorithms and metrics. (2) Required information The reporting required under paragraph (1) shall be at least semiannual and include, as appropriate— (A) a description of all consumer-facing product features that made use of recommender or ranking algorithms during the reporting period; (B) a summary of signals used as inputs to the described recommender or ranking algorithms, including an explanation of which rely on user data, an explanation of the types of user data relied upon, and ranked based on the significance of their impact on the algorithms’ outputs; (C) a summary of the processes or predictions used by the platform to assess the signals incorporated into the recommender or ranking algorithm and to score or rank content (such as predictions of future user engagement), ranked based on the significance of their impact on the algorithms’ outputs; (D) a summary of the optimization objectives of the described recommender or ranking algorithms; (E) a summary of metrics calculated by the platform to assess product changes or new features, or as a basis to assess performance or calculate employee or executive compensation, with an assessment of their relative importance in company decision making; (F) significant changes during the reporting period from the last report; and (G) other information about the recommender or ranking algorithms that the Commission deems appropriate. (3) Implementation In implementing this section, the Commission shall ensure that the reporting is useful and actionable while ensuring that platforms are not required to disclose trade secrets. (e) Transparency of content moderation and violating content (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to report on an ongoing basis information regarding content moderation and content violating platform policies. (2) Required information The information required to be disclosed under paragraph (1) shall include, as appropriate— (A) statistics regarding the amount of content that the platform determined violated its policies, broken down by— (i) the violated policy; (ii) the action taken in response to the violation; (iii) the methods the platform used to identify the violating content (such as artificial intelligence, user report, human moderator review, or other means); (iv) the extent to which the content was recommended, amplified, or restricted by platform algorithms or policies; and (v) geographic and demographic factors as the Commission deems appropriate; (B) statistics regarding the number of times violating content was viewed by users and the number of users who viewed it; (C) estimates by the platform about the prevalence of violating content (including as measured by the number of impressions of violating content), broken down by— (i) the violated policy; (ii) geographic and demographic factors; and (iii) other factors the Commission deems appropriate; and (D) the number of orders received from governmental authorities, categorized by the type of illegal content concerned, and the average time needed for taking the action specified in those orders. (f) Data dictionaries Not later than 1 year after the date of enactment of this Act, the Commission shall, in accordance with section 553 of title 5, United States Code, and subject to subsection (g), issue regulations to require platforms to disclose, and update periodically, data dictionaries to inform and facilitate researcher data access requests. Such data dictionaries shall include descriptions of significant datasets in the platform’s possession relating to content on, or users of, the platform, enforcement of content policy, or advertising, as necessary or appropriate to inform and facilitate researcher data access requests. (g) Privacy, confidentiality, and platform integrity The Commission shall ensure that any reporting or disclosures required pursuant to this section do not infringe upon reasonable expectations of personal privacy of users of platforms or of other persons, or require dissemination of trade secrets. If necessary, the Commission may require withholding of information otherwise required to be disclosed to meet this requirement. The Commission shall further consider the effect of disclosures on risks to platform integrity or the susceptibility of the platform to manipulation or inauthentic behavior, and may limit or reduce the information required to be disclosed if necessary to address a substantial such risk. (h) Variation In implementing this section, the Commission may vary the requirements it imposes on platforms based on the size of the platform and scope of its services. (i) Definitions In this section: (1) Engagement The term engagement means, with respect to content on a platform, the number of times a user interacts with the content, whether through comments, indications of approval or disapproval (such as likes or dislikes), reshares, or any other form of active interaction. (2) Impression The term impression means, with respect to content on a platform, the display or delivery of the content to a user, regardless of whether the user engages with the content. (3) Prevalence of violating content The term prevalence of violating content means a platform’s estimate of the number of impressions of violating content among its users, regardless of whether the platform ever identifies that particular content as violating. (4) Reach The term reach means, with respect to content on a platform, the number of users to whom the content is displayed or delivered during a particular period, regardless of how many times it is delivered to them. (5) Real-time understanding The term real-time understanding means an understanding of content on a platform that is up to date within less than 24 hours. (6) Reasonably public The term reasonably public means information that the author made available in a manner and under such circumstances such that the author does not retain a reasonable expectation of privacy in the information. The fact that a user may need to register or create an account with a platform to view information does not preclude it from being deemed reasonably public. (7) Recommender or ranking algorithm The term recommender or ranking algorithm means a fully or partially automated system used by a platform to suggest in its online interface specific information to recipients of the service offered by the platform, or to prioritize that information, including as a result of a search initiated by the recipient of the service or otherwise determining the relative order or prominence of information displayed. This includes any computational process, including one derived from machine learning or other artificial intelligence techniques, that processes personal information or other data for the purpose of determining the order or manner that a set of information is provided, recommended to, or withheld from a user of a platform, including the provision of commercial content, the display of social media posts, recommendations of user or group accounts to follow or associate with, or any other method of content selection, amplification, or restriction. 11. Authorization of appropriations There are authorized to be appropriated to the NSF and the Commission such sums as are necessary to carry out this Act for fiscal year 2022 and each succeeding fiscal year. 12. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act, to any person or circumstance, shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s5339is/xml/BILLS-117s5339is.xml |
117-s-5340 | II 117th CONGRESS 2d Session S. 5340 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide a regulatory framework and consumer protections for the issuance of payment stablecoins, and for other purposes.
1. Short title This Act may be cited as the Stablecoin Transparency of Reserves and Uniform Safe Transactions Act of 2022 or the Stablecoin TRUST Act of 2022 . 2. Definitions In this Act: (1) Appropriate Federal banking agency The term appropriate Federal banking agency — (A) has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) includes the National Credit Union Administration. (2) Deposit The term deposit has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (3) Digital asset The term digital asset means any digital representation of value that is recorded on a cryptographically secured distributed ledger. (4) Insured depository institution The term insured depository institution has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). (5) Level 1 high-quality liquid asset The term level 1 high-quality liquid asset means an asset described in section 249.20(a) of title 12, Code of Federal Regulations. (6) Money transmitting business The term money transmitting business has the meaning given the term in section 5330 of title 31, United States Code. (7) National limited payment stablecoin issuer The term national limited payment stablecoin issuer means a person that— (A) issues payment stablecoins; and (B) receives a license from, and becomes subject to the regulatory standards established by, the Office of the Comptroller of the Currency under section 5244A of the Revised Statutes, as added by section 6 of this Act. (8) Non-depository trust company The term non-depository trust company means a trust company that does not receive deposits other than trust funds. (9) Payment stablecoin The term payment stablecoin means a digital asset that— (A) is designed to maintain a stable value relative to a fiat currency or currencies; (B) is convertible directly to fiat currency by the issuer; (C) is designed to be widely used as a medium of exchange; (D) is issued by a centralized entity; (E) does not inherently pay interest to the holder; and (F) is recorded on a public distributed ledger. (10) Payment stablecoin issuer The term payment stablecoin issuer means a person that issues a payment stablecoin under section 3(b) of this Act. (11) Registered public accounting firm The term registered public accounting firm has the meaning given the term in section 2(a) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7201(a) ). (12) State banking supervisor The term State banking supervisor means the commissioner, superintendent, or similar official of a State who is responsible for the chartering, regulation, and examination of depository institutions, trust companies, money transmitting businesses, and similar entities within the State. 3. Issuance of payment stablecoins (a) In general Except as provided in subsection (b), it shall be unlawful for any person to issue a payment stablecoin. (b) Exceptions Subsection (a) shall not apply to— (1) a money transmitting business, a non-depository trust company, or any other person that is authorized by a State banking supervisor to issue payment stablecoins; (2) a national limited payment stablecoin issuer; (3) a depository institution, as defined in section 19(b)(1) of the Federal Reserve Act (12 U.S.C 461(b)(1)); or (4) a national trust bank. (c) Joint supervision (1) In general If a person is authorized by the appropriate Federal banking agency and the applicable State banking supervisor to issue payment stablecoins, the person shall be jointly supervised by the appropriate Federal banking agency and the State banking supervisor. (2) Depository institutions A depository institution described in subsection (b)(3)— (A) may become a member bank of the Federal Reserve System or obtain deposit or share insurance; and (B) shall not be required to satisfy subparagraph (A) as a condition to operate. (d) Injunctive relief The Comptroller of the Currency may bring an action in the appropriate district court of the United States or the court of any territory of the United States for the enforcement of this section and such courts shall have jurisdiction and power to order and require compliance herewith, including through injunctive relief. (e) Federal reserve accounts and services Each Federal Reserve bank shall, upon application from a national limited payment stablecoin issuer or a payment stablecoin issuer that only engages in the business of issuing and redeeming payment stablecoins and engaging in activities incidental to such issuance or redemption— (1) establish and maintain an account for the payment stablecoin issuer; and (2) provide to the payment stablecoin issuer— (A) the services listed in section 11A(b) of the Federal Reserve Act ( 12 U.S.C. 248a(b) ); and (B) a deposit account in accordance with the first undesignated paragraph of section 13 of the Federal Reserve Act ( 12 U.S.C. 342 ). 4. Disclosures, redemption policies, attestations, and permissible assets for payment stablecoin issuers (a) In general Any person described in section 3(b) that issues a payment stablecoin shall— (1) publicly disclose the assets backing the payment stablecoin on a monthly basis; (2) adopt and publicly disclose policies for redeeming the payment stablecoin, including whether redemption requests will be met on demand or with a time lag; (3) undergo quarterly attestations by a registered public accounting firm and publicly disclose the results; and (4) attest that the assets backing the payment stablecoin do not materially diverge from those disclosed. (b) Filing of disclosures Disclosures described in subsection (a) shall— (1) be filed with the Secretary of the Treasury; and (2) made publicly available on a Department of the Treasury website on a form which shall include an executive summary not longer than 1 page in length. (c) Rulemaking The Secretary of the Treasury may promulgate regulations under section 553 of title 5, United States Code, to develop a template form for ensuring that the disclosures described in subsection (a) are complete, clear, and understandable. (d) Permissible assets Payment stablecoins issued by a payment stablecoin issuer shall be backed by assets— (1) with a market value equal to not less than 100 percent of the par value of the payment stablecoins outstanding; and (2) that are— (A) level 1 high-quality liquid assets, denominated in United States dollars; (B) United States coins and currency, as described in section 5103 of title 31, United States Code; and (C) any deposit with an insured depository institution. 5. Equal treatment for depository institutions (a) National banking associations Section 5136 of the Revised Statutes ( 12 U.S.C. 24 ) is amended by adding at the end the following: Twelfth. To issue payment stablecoins. . (b) Segregation A depository institution, as defined in section 19(b)(1) of the Federal Reserve Act ( 12 U.S.C. 461(b)(1) )— (1) may segregate into a separate legal entity the issuance of payment stablecoins and management of such payment stablecoin reserve assets from other activities; and (2) that elects to segregate under paragraph (1), or which only issues payment stablecoins or manages payment stablecoin reserve assets— (A) shall be subject to the same tailored regulatory standards as a national limited payment stablecoin issuer for that activity; and (B) shall remain subject to regulation, examination, and supervision by the same regulator as the depository institution. 6. National limited payment stablecoin issuers The Revised Statutes are amended by inserting after section 5244 ( 12 U.S.C. 43 ) the following: 5244A. National limited payment stablecoin issuers (a) Application An entity may submit to the Comptroller of the Currency an application for a national limited payment stablecoin issuer license. (b) Authority A license for a national limited payment stablecoin issuer shall authorize the national limited payment stablecoin issuer to issue and redeem payment stablecoins and engage in any activities incidental to such issuance or redemption, including making a market in such payment stablecoin and holding and managing the reserve assets of such payment stablecoins. (c) Limitation on other activities A national limited payment stablecoin issuer shall not engage in any activities, such as making loans or other extensions of credit, other than those authorized by subsection (b). (d) Review (1) In general Except as provided in paragraph (2), the Comptroller of the Currency shall grant applications for national limited payment stablecoin issuer licenses not later than 90 days after the date on which the application is submitted. (2) Considerations (A) In general The Comptroller of the Currency may deny an application for a license under this subsection only if the Comptroller determines that the activities of the applicant would be unsafe or unsound based on the factors described in subparagraph (B). (B) Factors The factors described in this subparagraph are as follows: (i) The financial condition and business plan of the applicant. (ii) The general character and fitness of the management of the applicant. (iii) The risks presented and the potential benefits that could be delivered to consumers. (3) Default If the Comptroller of the Currency fails to approve or deny an application before the expiration of the 90-day period under paragraph (1), the application shall be deemed to have been approved. (4) Response If the Comptroller of the Currency denies an application under this section, the Comptroller shall respond to the applicant with a detailed written explanation for such denial. (e) Corporate governance A national limited payment stablecoin issuer may elect, by designating in the bylaws of the issuer, to follow the corporate governance provisions of— (1) the law of the State in which the issuer is incorporated; (2) the law of the State in which the main office of the issuer is located; (3) chapter 1 of title 8 of the Delaware Code; or (4) the Model Business Corporation Act. (f) Supervision A license for a national limited payment stablecoin issuer shall permit supervision, examination, and regulation by the Comptroller of the Currency of only the legal entity that issues payment stablecoins. (g) Regulations The Office of the Comptroller of the Currency may establish only the following regulations, in accordance with section 553 of title 5, United States Code, for national limited payment stablecoin issuers: (1) Capital requirements which shall not exceed 6 months of operating expenses. (2) Liquidity requirements. (3) Governance and risk-management requirements tailored to the business model and risk profile of national limited payment stablecoin issuers. (h) Enforcement If the Comptroller of the Currency determines that a national limited payment stablecoin issuer has violated the requirements of this subsection or any other applicable law (including regulations), the Comptroller of the Currency may issue a temporary order requiring the national limited payment stablecoin issuers to— (1) cease and desist from any such violation; and (2) take affirmative action to prevent or remedy such violation. . 7. Exemption from securities requirements (a) Securities (1) Securities act of 1933 Section 2(a)(1) of the Securities Act of 1933 ( 15 U.S.C. 77b(a)(1) ) is amended by adding at the end the following: The term security does not include a payment stablecoin, as that term is defined in section 2 of the Stablecoin TRUST Act of 2022 . . (2) Securities exchange act of 1934 Section 3(a)(10) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(10) ) is amended by adding before the period at the end the following: , and shall also not include a payment stablecoin, as that term is defined in section 2 of the Stablecoin TRUST Act of 2022 . (3) Investment company act of 1940 Section 2(a)(36) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(36) ) is amended by adding at the end the following: The term security does not include a payment stablecoin, as that term is defined in section 2 of the Stablecoin TRUST Act of 2022 . . (4) Investment advisers act of 1940 Section 202(a)(18) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(18) ) is amended by adding at the end the following: The term security does not include a payment stablecoin, as that term is defined in section 2 of the Stablecoin TRUST Act of 2022 . . (b) Investment company Section 3(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c) ) is amended by adding at the end the following: (15) Any payment stablecoin issuer, as that term is defined in section 2 of the Stablecoin TRUST Act of 2022 . . (c) Investment adviser Section 202(a)(11) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(11) ) is amended— (1) by striking ;; (G) and inserting ; (G) ; (2) by striking or (H) and inserting (H) ; and (3) by inserting ; or (I) any payment stablecoin issuer, defined in section 2 of the Stablecoin TRUST Act of 2022 before the period at the end. 8. Privacy protections for digital assets and payment stablecoin users (a) Exemption from reporting requirements The Secretary of the Treasury may not collect or mandate the collection of nonpublic information about digital asset transactions unless the information is— (1) particularly described in a search warrant granted by a judge upon a finding of probable cause that 1 or more of the participants to the transaction committed or is committing a crime; or (2) voluntarily provided by a customer of a financial institution, business, or other third party and held for a legitimate business purpose by that financial institution, business, or third party. (b) Applicability of other laws A national limited payment stablecoin issuer shall be subject to title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ). (c) Rule of construction Nothing in this section may be construed to limit— (1) any duty to report taxable income; (2) any duty to disclose foreign account ownership; or (3) the ability of the Internal Revenue Service to conduct investigations pursuant to a warrant or other regular legal process. 9. Treatment of insolvent payment stablecoin issuers In any insolvency proceeding, including any proceeding under title 11, United States Code, or any insolvency proceeding by an appropriate Federal banking agency or a State banking supervisor with respect to a payment stablecoin issuer, a claim of a person holding payment stablecoins issued by the payment stablecoin issuer shall have priority over all other claims against the payment stablecoin issuer. 10. Rules of construction (a) Applicability to other instruments Nothing in sections 2 through 6 may be construed as restricting activities involving instruments other than payment stablecoins. (b) Relation to State and Federal authority Nothing in this Act may be construed as— (1) preventing a State banking supervisor from imposing additional or stricter regulatory standards on a person licensed by the State banking supervisor to issue payment stablecoins; (2) superseding any requirement of State law relating to money transmitting businesses operating in that State, other than for payment stablecoin issuers; or (3) limiting the authority of an insured depository institution to engage in activities permissible pursuant to applicable State and Federal law, including accepting or receiving deposits and issuing digital assets that represent deposits. | https://www.govinfo.gov/content/pkg/BILLS-117s5340is/xml/BILLS-117s5340is.xml |
117-s-5341 | II 117th CONGRESS 2d Session S. 5341 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Toomey (for himself, Mr. Cramer , Mr. Cruz , Mr. Hagerty , Mr. Lee , Ms. Lummis , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Reserve Act to provide greater accountability to the Federal Reserve System, and for other purposes.
1. Short title This Act may be cited as the Federal Reserve Accountability Act of 2022 . 2. Appointment of general counsel Subsection (l) of section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ) is amended by inserting The President shall appoint a general counsel for the Board, by and with the advice and consent of the Senate. Sections 3345 through 3349b of title 5, United States Code, shall not apply to the general counsel. after the period at the end of the first sentence. 3. Appointment of Federal Reserve bank presidents (a) In general The fifth paragraph of the fourth unenumerated paragraph of section 4 of the Federal Reserve Act ( 12 U.S.C. 341 ) is amended— (1) in the first sentence, by striking president, vice presidents, and inserting vice presidents ; (2) in the second sentence, by striking Class B and Class C directors of the bank, with the approval of the Board of Governors of the Federal Reserve System, for a term of 5 years and inserting President of the United States (by and with the advice and consent of the Senate) for a term of 5 years ; (3) by striking the third sentence and inserting The first vice president of the bank shall be appointed by the Class B and Class C board of directors of the bank for a term of 5 years, and shall, in the absence or disability of the president or during a vacancy in the office of the president, serve as chief executive officer of the bank, until a nominee for president is confirmed by the Senate or the President of the United States appoints an acting president under sections 3345 through 3349b of title 5, United States Code. ; (4) in the fourth sentence, by striking the president or ; (5) by inserting A president may continue to serve after the expiration of the term of office to which the president was appointed until the earlier of the date on which a successor has been appointed and qualified, the date on which the next session of Congress subsequent to the expiration of such term expires, or the date on which the President of the United States removes the president. No appointed president shall serve more than a total of 10 years, not including any such continuation in service. after the period at the end of the fourth sentence; and (6) by inserting The president shall have their primary residence and principal place of business located in that Federal Reserve district for not fewer than 4 years before the date on which the President nominates the individual to be president of the Federal Reserve bank for that Federal Reserve district. after the period at the end of the fifth sentence, as added by paragraph (5) of this subsection. (b) Suspension or removal of officers Section 11(f) of the Federal Reserve Act ( 12 U.S.C. 248(f) ) is amended by inserting (except the president) after reserve bank . (c) Applicability Sections 3345 through 3349b of title 5, United States Code, shall apply to presidents of Federal Reserve banks in the same manner as officers of Executive agencies. 4. Federal reserve districts (a) In general Section 2 of the Federal Reserve Act ( 12 U.S.C. 222 ) is amended by striking the first undesignated paragraph and inserting the following: The continental United States shall be divided into 5 Federal Reserve districts. The First Federal Reserve District shall be composed of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, New Jersey, Delaware, the Commonwealth of Puerto Rico, and the United States Virgin Islands, with the city of New York, New York, as the location of the Federal Reserve bank. The Second Federal Reserve District shall be composed of Ohio, West Virginia, Virginia, Maryland, Michigan, Indiana, Kentucky, Illinois, Wisconsin, Minnesota, and the District of Columbia, with the city of Cleveland, Ohio, as the location of the Federal Reserve bank. The Third Federal Reserve District shall be composed of Missouri, Kansas, Oklahoma, Colorado, Wyoming, Nebraska, Iowa, North Dakota, South Dakota, and Montana, with the city of Kansas City, Missouri, as the location of the Federal Reserve bank. The Fourth Federal Reserve District shall be composed of Texas, Arkansas, Louisiana, Mississippi, Alabama, Tennessee, Georgia, North Carolina, South Carolina, and Florida, with the city of Dallas, Texas, as the location of the Federal Reserve bank. The Fifth Federal Reserve District shall be composed of California, Oregon, Washington, Alaska, Hawaii, Idaho, Nevada, Utah, Arizona, New Mexico, Guam, American Samoa, and the Northern Mariana Islands, with the city of San Francisco, California, as the location of the Federal Reserve bank. Every national bank in any State shall, upon commencing business, become a member bank of the Federal Reserve System by subscribing and paying for stock in the Federal Reserve bank of its district in accordance with the provisions of this Act and shall thereupon be an insured bank under the Federal Deposit Insurance Act, and failure to do so shall subject such bank to the penalty provided by the sixth paragraph of this section. . (b) Federal Open Market Committee Section 12A of the Federal Reserve Act ( 12 U.S.C. 263 ) is amended by striking subsection (a) and inserting the following: (a) There is hereby created a Federal Open Market Committee (hereinafter referred to as the Committee ), which shall consist of the members of the Board of Governors of the Federal Reserve System and the chief executive officers of the 5 Federal Reserve banks. . (c) Technical and conforming amendments (1) Section 11 of the Federal Reserve Act ( 12 U.S.C. 248 ) is amended by striking subsection (e). (2) Section 16 of the Federal Reserve Act ( 12 U.S.C. 413 ) is amended, in the third sentence, by striking twelve and inserting 5 . 5. Board of Governors of the Federal Reserve System Section 10 of the Federal Reserve Act ( 12 U.S.C. 241 ) is amended— (1) in the second sentence, by striking one of whom shall be selected from and inserting 2 of whom may be residents of ; and (2) by inserting In this paragraph, the term resident of any one Federal Reserve district means an individual whose primary residence and principal place of business has been located in a Federal Reserve district for not fewer than 4 years before the date on which the President nominates the individual as a member of the Board. after the period at the end of the fourth sentence. 6. Lobbying with moneys The Federal Reserve Act is amended by inserting after section 15 ( 12 U.S.C. 391 et seq. ) the following: 15A. Lobbying with moneys No part of the income, interest, fees, money, or other funds of the Board of Governors of the Federal Reserve System or any Federal Reserve bank shall, in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the Federal Reserve System from communicating to any such Member or official, at his request, or to Congress or such official, through the proper official channels, requests for any legislation, law, ratification, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31, United States Code. . | https://www.govinfo.gov/content/pkg/BILLS-117s5341is/xml/BILLS-117s5341is.xml |
117-s-5342 | II 117th CONGRESS 2d Session S. 5342 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Reed (for himself, Mr. Brown , Mr. Wyden , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide requirements for the bulk auction or group sale of certain non-performing loans, and for other purposes.
1. Short title This Act may be cited as the Preserving Homes and Communities Act of 2022 . 2. Sale of FHA non-performing single family mortgage loans (a) In general Title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ) is amended by adding at the end the following: 259. Sale of non-performing single family mortgage loans (a) Single family sales The Secretary may conduct sales of 1 or more of single family non-performing residential mortgage loans insured under this title only if the following requirements are met: (1) The Secretary determines that no other reasonable measures other than a sale are available to restore the Fund to, or keep the Fund above, the minimum capital requirements under section 205(f)(4). (2) The Secretary establishes a system that provides priority to Federal, State, local, or Tribal governments or nonprofit organizations that have the capacity and experience required for buying, servicing, and resolving single family mortgage loans in a manner that promotes affordable housing, fair housing, affordable homeownership, housing counseling, or neighborhood stabilization. (3) Applicable loss mitigation required under section 230 is exhausted before any loan is placed into the loan sale. (4) Clear, written notice is sent by certified and first-class mail by the servicer to the borrower of the loan, all owners of record, and any applicable estate of the borrower with a copy sent to the Secretary, not less than 90 days before the inclusion of the loan in any single family sale— (A) stating that the loan will be included in a single family sale of non-performing loans; and (B) describing the sale process, including— (i) the loss mitigation or other protections available to the borrower and other owners of record both before and after the sale; (ii) the status of any loss mitigation actions offered by the mortgagee with respect to the loan, including decisions on all loss mitigation reviews, descriptions of any loss mitigation options offered or denied, and supporting documentation for the most recent evaluation; and (iii) the obligations of the servicer of the loan before and after the sale, including loss mitigation requirements. (5) Purchasers take loans subject to the following requirements: (A) The provision of loss mitigation options to all eligible borrowers that offer terms and protections at least as favorable as those available under loss mitigation guidelines of the Federal Housing Administration, including the absence of fees for loss mitigation and loan modifications that reduce payments to an affordable level. (B) Written, public disclosure of post-sale loss mitigation options. (C) Failure by the purchaser to follow the established loss mitigation guidelines shall serve as a defense to a judicial foreclosure and a basis to enjoin or otherwise stay a non-judicial foreclosure. (D) Data reporting as provided under subsection (c)(1). (E) Maintenance of vacant and abandoned property, including the payment of local property taxes, until such time as title is transferred to a nonprofit organization or the property is sold to a bona fide third-party purchaser. (F) Where a property becomes vacant, the purchaser shall not release the lien until the property is sold or donated. (G) Use of contract for deed, lease to own, or a land installment contract to sell or otherwise transfer any property that is secured by a purchased loan shall be prohibited unless the tenant or purchaser is a nonprofit organization. (H) For all non-performing loans where a home retention loss mitigation option is not possible and the purchaser acquires the property through foreclosure sale, 75 percent of those properties shall be— (i) sold at the current fair market value to an owner occupant; (ii) sold or donated to a nonprofit or local government entity that will commit to 1 of the outcomes described in clause (i) or (iii); (iii) for not less than the 10-year period beginning on the date on which any entity initially leases the property, and with respect to any new lease beginning within such 10-year period, leased to a tenant with income that is not more than 100 percent of the area median income at the time the tenant initially leases the property, with monthly rents that are not more than 30 percent of the monthly household income, provided that the property owner accepts as rental payment any legal source of income, including— (I) a housing voucher under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) and any form of Federal, State, or local housing assistance provided to a person or family or provided to a housing owner on behalf of a person or family, including— (aa) rental vouchers; (bb) rental assistance; (cc) rental subsidies from nongovernmental organizations; and (dd) homeownership subsidies; (II) income received as a monthly benefit under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), as a supplemental security income benefit under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), or as a benefit under the Railroad Retirement Act of 1974 ( 45 U.S.C. 231 et seq. ), including any such benefit to which the individual is entitled for which payment is made to a representative payee; (III) income received by court order, including spousal support and child support; (IV) any payment from a trust, guardian, conservator, cosigner, or relative; and (V) any other lawful source of income or funds, including savings accounts and investments; or (iv) for any property that is not habitable, demolished or donated to a land bank with a cash donation to cover demolition costs. (b) Direct loan sales The Secretary may permit direct loan sales of single family non-performing residential loans insured under this title only if— (1) the loans are sold to municipalities, land banks, or nonprofit organizations that work in affordable housing, housing counseling, or neighborhood stabilization; (2) the purchaser complies with the requirements under paragraph (5) of subsection (a); and (3) the pricing reasonably reflects the costs of complying with the requirements under paragraphs (3) through (5) of subsection (a). (c) Data and reporting (1) Purchaser reporting During the 4-year period following any single family sale of non-performing residential single family mortgage loans under subsection (a) or (b), the Secretary shall require each purchaser of such a loan, including any subsequent purchaser of the loan, to provide to the Secretary quarterly loan-level data regarding the treatment and outcome of the loan, including— (A) loan characteristics, including loan type, remaining loan term, loan to value ratio, number of months in arrears, loss mitigation status, and foreclosure status at time of sale; (B) loss mitigation data, including whether loss mitigation was provided by the purchaser, debt-to-income ratio and percent payment reduction for any modified loans, foreclosures begun or completed, and performance of modified loans; (C) demographic data for the borrower and any co-borrower, including race, national origin, sex, ZIP Code, and census tract, and, if available, disability status and veteran status; and (D) other purchaser actions, including charge offs and resales of loans and dates for such actions. (2) Semiannual reports to Congress The Secretary shall submit to Congress, and make publicly available at no cost to the public in a format that is readily accessible on the website of the Department of Housing and Urban Development, semi-annual reports to Congress on— (A) loans sold in a single family sale under subsection (a), disaggregated by pool, including— (i) the number of loans and types of loans; (ii) mean and median delinquency and loan to value ratios at the time of the sale; (iii) the number and percentage of owner-occupied properties; (iv) the number and percentage of loans modified prior to the sale; (v) the number and percentage of loans in foreclosure proceedings at the time of the sale; and (vi) demographic and geographic data, including property locations by census tract or larger geographic location if necessary to protect personally identifiable information; (B) the performance of loans after a single family sale under subsection (a), disaggregated by loan pool, including the initial purchaser, current owner, current servicer, data summarizing any alternatives to foreclosure offered and enacted, and data summarizing the data collected under paragraph (1); (C) the results of a fair lending analysis conducted based on the data in paragraph (1) to identify any discriminatory impacts or outcomes associated with the sales; and (D) claims paid through the Claims Without Conveyance of Title program under section 204(a)(1)(C), including the number of third-party sales by ZIP Code, whether purchasers are owner-occupants, nonprofit organizations, government entities, or investors, and the source of funds or financing used by purchasers. (d) Penalties for noncompliance The Secretary may— (1) forcibly retain loans or properties, without providing compensation, from purchasers that do not meet the requirements under subsection (a)(5); and (2) enact additional penalties for purchasers described in paragraph (1) that the Secretary determines have repeatedly not complied with the requirements under subsection (a)(5), including monetary penalties and prohibition from participating in single family sales under this section. (e) Regulations The Secretary shall issue regulations related to single family sales in accordance with the requirements in this section. 260. Claims without conveyance of title first look program (a) Claims without conveyance of title first look program With respect to a third-party sale of properties foreclosed upon and put up for sale in accordance with section 204(a)(1)(C), the Secretary shall maintain an exclusive right for eligible buyers to purchase these properties at a price at or below the fair market value of the property (with appropriate adjustments) for a specified period of time at the start of post-foreclosure sale efforts. (b) Eligible buyers The right to purchase a property under subsection (a) shall be offered to— (1) homebuyers who will occupy the property as a principal residence; (2) nonprofit organizations that— (A) commit in advance to rehabilitate the property and dispose of the property for an allowable use and within a time period to be designated by the Secretary by regulation; and (B) are pre-approved for participation by the Secretary or a designee thereof to ensure that the organization— (i) maintains active tax-exempt status under section 501(c)(3) of the Internal Revenue Code; (ii) has a primary mission related to— (I) affordable housing; or (II) community revitalization through housing-related activities; and (iii) has demonstrated not less than 2 years of direct experience with real estate project development as an organizational entity; and (3) Federal, State, local, or Tribal government agencies or instrumentalities that meet the requirements of subparagraph (A) and clauses (ii) and (iii) of subparagraph (B) of paragraph (2). (c) Allowable uses An allowable use described in this subsection shall include— (1) renovation and sale, or, if the property already meets the minimum property standards set by the Assistant Secretary for Housing and Federal Housing Commissioner, sale without renovation, to an owner-occupant with an income that is not more than 120 percent of the area median income; (2) renovation and creation of affordable homeownership or, if the property already meets the minimum property standards set by the Assistant Secretary for Housing and Federal Housing Commissioner, creation of affordable homeownership without renovation, by a community land trust or shared equity homeownership program; (3) renovation and rental to tenants with an income that is not more than 100 percent of the area median income at the time the tenant initially leases the property, with monthly rents that are not more than 30 percent of the monthly household income, for not less than the 10-year period beginning on the date on which any entity initially leases the property, and with respect to any new lease beginning within such 10-year period, provided that the property owner accepts as rental payment any legal source of income, including— (A) a housing voucher under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) and any form of Federal, State, or local housing assistance provided to a person or family or provided to a housing owner on behalf of a person or family, including— (i) rental vouchers; (ii) rental assistance; (iii) rental subsidies from nongovernmental organizations; and (iv) homeownership subsidies; (B) income received as a monthly benefit under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), as a supplemental security income benefit under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), or as a benefit under the Railroad Retirement Act of 1974 ( 45 U.S.C. 231 et seq. ), including any such benefit to which the individual is entitled for which payment is made to a representative payee; (C) income received by court order, including spousal support and child support; (D) any payment from a trust, guardian, conservator, cosigner, or relative; and (E) any other lawful source of income or funds, including savings accounts and investments; and (4) demolition, but only if the property is vacant or uninhabitable and if the demolition is part of a strategy that incorporates rehabilitation, new construction, or designation of the land for use as a public amenity. (d) Reporting requirements (1) In general Each purchaser of a property under this section, other than an owner-occupant, shall, on an annual basis until the purchaser completes the allowable use of the property under subsection (c), report to the Secretary— (A) the start date and completion date of any rehabilitation; (B) the scope of work for and the total cost of any rehabilitation; (C) the end-use of the property, including sale to owner-occupant, use in a land trust or other shared equity program, or affordable rental; (D) the demographics of the end-user of the property, whether an owner-occupant or a tenant, including race, national origin, sex, ZIP Code, and census tract, and, if available, disability status and veteran status; and (E) the approximate income of the end-user of the property expressed as a percentage of the area median income. (2) Availability The Secretary shall, on an annual basis, make the information collected under paragraph (1) publicly available at no cost to the public in a readily accessible format on the website of the Department of Housing and Urban Development. (e) Use of third-Party vendors The Secretary may contract with a third-party vendor to assist in carrying out the provisions of this section, including to— (1) pre-approve nonprofit organizations for participation in the Claims Without Conveyance of Title First Look program; (2) monitor compliance with allowable uses and time periods designated by the Secretary by regulation; and (3) facilitate reporting to the Secretary. (f) Access The Secretary shall ensure that any eligible buyer seeking to purchase a property under this section can easily access and inspect the property prior to making a commitment to purchase the property. . (b) Regulations Not later than 18 months after the date of enactment of this Act, the Secretary of Housing and Urban Development shall promulgate regulations to carry out the amendments made by this section. 3. Sale of Fannie Mae and Freddie Mac non-performing loans The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4501 et seq. ) is amended by inserting after section 1328 ( 12 U.S.C. 4548 ) the following: 1329. Sale of non-performing loans (a) Bulk auction or group sales An enterprise may not conduct bulk auctions or other group sales of single family non-performing residential loans unless the following requirements are met: (1) The enterprise establishes a system that provides priority to Federal, State, local, or Tribal governments or nonprofit organizations that have the capacity and experience required for buying, servicing, and resolving single family mortgage loans in a manner that promotes affordable housing, fair housing, affordable homeownership, provision of housing counseling, or neighborhood stabilization. (2) Applicable loss mitigation is exhausted before a loan may be placed into the bulk auction or group sale. (3) Clear, written notice is sent by the enterprise or servicer through certified and first-class mail to the borrower and all owners of record, with a copy sent to the enterprise if sent by the servicer, not less than 90 days before the inclusion of the loan in any proposed sale— (A) stating that the loan will be included in a bulk auction or group sale of non-performing loans; and (B) describing the bulk auction or group sale process, including— (i) the loss mitigation or other protections available to the borrower and other owners of record both before and after the auction or sale; (ii) the status of any loss mitigation actions offered by the mortgagee with respect to the loan, including decisions on all loss mitigation reviews, descriptions of any loss mitigation options offered or denied, and supporting documentation for the most recent evaluation; and (iii) the obligations of the servicer of the loan before and after the auction or sale, including loss mitigation requirements. (4) The enterprise requires in the terms of the bulk auction or group sale that purchasers take loans subject to the following requirements: (A) The purchaser is required to provide loss mitigation options to all eligible borrowers that offer terms and protections at least as favorable as those available under loss mitigation guidelines of the enterprise, including the absence of fees for loss mitigation and loan modifications that reduce payments to an affordable level. (B) The purchaser is required to provide written, public disclosure of post-sale loss mitigation options that the purchaser makes available to eligible borrowers. (C) Failure by the purchaser to follow the established loss mitigation guidelines shall serve as a defense to a judicial foreclosure and a basis to enjoin or otherwise stay a non-judicial foreclosure. (D) Data reporting as provided under subsection (b)(2). (E) If a property becomes vacant, the purchaser shall not release the lien until the property is sold or donated. (F) Use of contract for deed, lease to own, or a land installment contract to sell or otherwise transfer any property that is secured by a purchased loan shall be prohibited unless the tenant or purchaser is a nonprofit organization without obtaining prior permission from the enterprise. (G) For all non-performing loans where a home-retention loss mitigation option is not possible and the purchaser acquires the property through foreclosure sale, 75 percent of those properties shall be— (i) sold at the current fair market value to an owner-occupant; (ii) sold or donated to a nonprofit or local government entity that will commit to 1 of the outcomes described in clause (i) or (iii); (iii) for not less than the 10-year period beginning on the date on which any entity initially leases the property, and with respect to any new lease beginning within such 10-year period, leased to a tenant with an income that is not more than 100 percent of the area median income at the time the tenant initially leases the property, with monthly rents that are not more than 30 percent of the monthly household income, provided that the property owner accepts as rental payment any legal source of income, including— (I) a housing voucher under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) and any form of Federal, State, or local housing assistance provided to a person or family or provided to a housing owner on behalf of a person or family, including— (aa) rental vouchers; (bb) rental assistance; (cc) rental subsidies from nongovernmental organizations; and (dd) homeownership subsidies; (II) income received as a monthly benefit under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), as a supplemental security income benefit under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ), or as a benefit under the Railroad Retirement Act of 1974 ( 45 U.S.C. 231 et seq. ), including any such benefit to which the individual is entitled for which payment is made to a representative payee; (III) income received by court order, including spousal support and child support; (IV) any payment from a trust, guardian, conservator, cosigner, or relative; and (V) any other lawful source of income or funds, including savings accounts and investments; or (iv) for any property that is not habitable, demolished or donated to a land bank with a cash donation to cover demolition costs. (5) The enterprise maintains vacant and abandoned property until such time as title is transferred to a nonprofit organization or the property is sold to a bona fide third-party purchaser. (b) Data and reporting (1) Purchaser reporting During the 4-year period following any auction or sale of single family non-performing residential mortgage loans under subsection (a), the Director shall require the enterprise to collect from each purchaser of such loans, including any subsequent purchaser of a loan, quarterly loan-level data regarding the treatment and outcome of the loan, including— (A) loan characteristics, including loan type, remaining loan term, loan to value ratio, number of months in arrears, loss mitigation status, and foreclosure status at time of sale; (B) loss mitigation data, including whether loss mitigation was provided by the purchaser, debt-to-income ratio and percent payment reduction for any modified loans, foreclosures begun or completed, and performance of modified loans; (C) demographic data for each borrower and any co-borrower, including race, national origin, sex, ZIP Code, and census tract, and, if available, disability status and veteran status; and (D) other purchaser actions, including charge offs and resales of loans and dates for such actions. (2) Semiannual reports to Congress The Director shall submit to Congress, and make publicly available at no cost to the public in a readily accessible format on the website of the Agency, semi-annual reports on— (A) loans sold in an auction or sale under subsection (a) by each enterprise, disaggregated by pool, including— (i) the number of loans and types of loans; (ii) mean and median delinquency and loan to value ratios at the time of the sale; (iii) the number and percentage of owner-occupied properties; (iv) the number and percentage of loans modified prior to auction or sale; (v) the number and percentage of loans in foreclosure proceedings at the time of auction or sale; and (vi) demographic and geographic data, including property locations by census tract or larger geographic location if necessary to protect personally identifiable information; (B) the performance of loans after an auction or sale under subsection (a), disaggregated by loan pool, including the initial purchaser, current owner, current servicer, data summarizing any alternatives to foreclosure offered and enacted, and data summarizing the data collected under subparagraph (A); and (C) the results of a fair lending analysis conducted based on the data in subparagraphs (A) and (B) to identify any discriminatory impacts or outcomes associated with the auctions or sales. (c) Penalties for noncompliance The enterprises may— (1) forcibly retain loans or properties, without providing compensation, from purchasers that do not meet the requirements under subsection (a)(4); and (2) enact additional penalties for purchasers described in paragraph (1) that the Director determines have repeatedly not complied with the requirements under subsection (a)(5), including monetary penalties and prohibition from participating in sales under this section. (d) Regulations The Director shall issue regulations defining the terms of permissible auctions or sales in accordance with the requirements in this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s5342is/xml/BILLS-117s5342is.xml |
117-s-5343 | II 117th CONGRESS 2d Session S. 5343 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Blumenthal (for himself and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve passenger vessel security and safety, and for other purposes.
1. Short title (a) Short title This Act may be cited as the Cruise Passenger Protection Act of 2022 . (b) References to title 46, United States Code Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 46, United States Code. 2. Cruise vessel subchapter Chapter 35 is amended— (1) by inserting before section 3501 the following: I General provisions ; (2) by inserting before section 3507 the following: II Cruise vessels ; and (3) by redesignating sections 3507, 3508, 3509, and 3510 as sections 3523, 3524, 3525, and 3526, respectively. 3. Application Chapter 35, as amended by section 2 of this Act, is further amended by inserting before section 3523 the following: 3521. Application (a) In general This subchapter applies to a vessel that— (1) is authorized to carry at least 250 passengers; (2) has onboard sleeping facilities for each passenger; (3) is on a voyage that embarks or disembarks passengers in the United States; and (4) is not engaged on a coastwise voyage. (b) Federal and State vessels This subchapter does not apply to— (1) a vessel of the United States operated by the Federal Government; or (2) a vessel owned and operated by a State. . 4. Definitions Chapter 35, as amended by sections 2 and 3, is further amended by inserting after section 3521, as added by section 3, the following: 3522. Definitions In this subchapter: (1) Exterior deck The term exterior deck means any exterior weather deck on which a passenger may be present, including passenger stateroom balconies, exterior promenades on passenger decks, muster stations, and similar exterior weather deck areas. (2) Key terms The term key terms includes terms related to undisclosed costs and fees, indemnification, waivers, limitations on liability, notice of claim and actions, time limitations, arbitration, forum, and jurisdiction. (3) Owner The term owner means the owner, charterer, managing operator, master, or other individual in charge of a vessel. (4) Passage contract The term passage contract means a binding agreement for passage on a passenger vessel. (5) Passenger Notwithstanding section 2101 of this title, the term passenger means a citizen of the United States carried on a passenger vessel. (6) Passenger vessel The term passenger vessel means a passenger vessel to which this subchapter applies. (7) Physician The term physician means a medical doctor who— (A) has at least 3 years of post-graduate, post-registration experience in general and emergency medicine; or (B) is board certified in emergency medicine, family medicine, or internal medicine. (8) Qualified medical staff member The term qualified medical staff member means a medical professional certified in advanced cardiovascular life support and advanced trauma life support training. . 5. Passenger vessel consumer service improvements (a) In general Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3527. Passenger vessel consumer service improvements (a) Passage contracts (1) In general Not later than 1 year after the date of enactment of the Cruise Passenger Protection Act of 2022 , the Secretary of Transportation shall develop standards for use by an owner of a passenger vessel to provide a prospective passenger with a summary that highlights key terms in the passage contract and is provided before such terms are binding. In developing the standards, the Secretary of Transportation may consult with other Federal agencies, persons with expertise on admiralty and maritime law, consumer advocates, industry representatives, and such other persons as the Secretary of Transportation considers necessary. (2) Statute of limitations The statute of limitations for filing a lawsuit against the owner of a passenger vessel, which shall not be shorter than 3 years, shall be clearly identified in the passage contract described in paragraph (1). (3) Recommendations The standards developed under paragraph (1) shall include recommendations regarding— (A) style, formatting, and placement that ensures that the summary is conspicuous; and (B) terminology that ensures that the summary is— (i) clear, unambiguous, and unmistakable; and (ii) to the greatest extent possible, uniform, concise, and not complex. (4) Periodic review The Secretary of Transportation shall periodically review and update, as appropriate, the standards developed under paragraph (1). (5) Requirements Beginning on the date that is 180 days after the date on which the standards are developed under paragraph (1), an owner of a passenger vessel shall— (A) provide each prospective passenger with a summary in accordance with those standards; (B) include a prominently accessible link to the summary on each Internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel; and (C) include the summary in any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages anywhere in the world, that the Secretary of Transportation considers necessary to adequately notify a prospective passenger of the key terms in the passage contract before such terms are binding. (6) Preemption The standards developed under paragraph (1) shall preempt any related State standards that require a summary that provides less information to a prospective passenger than the information required to be provided under this subsection, as determined by the Secretary of Transportation. (b) Consumer complaints (1) Toll-free hotline; Internet website link The Secretary of Transportation shall— (A) establish a consumer complaints toll-free hotline telephone number for passenger use; (B) establish a consumer complaints link for passenger use on the Internet website maintained under section 3528(i); and (C) notify the public of— (i) the telephone number established under subparagraph (A); and (ii) the Internet website maintained under section 3528(i). (2) Website The Secretary of Transportation shall— (A) maintain a statistical compilation of all consumer complaints on the Internet website under section 3528(i) that provides a numerical accounting of each category of consumer complaint; (B) update the data referred to in subparagraph (A) not less frequently than quarterly; (C) aggregate such data by passenger vessel; and (D) identify each passenger vessel by name. (3) Investigations of consumer complaints The Secretary of Transportation, in coordination with other relevant Federal agencies, may investigate consumer complaints from passengers, including— (A) cancellations, delays, and port skipping; (B) lost, damaged, and delayed baggage; (C) conditions on board the passenger vessel; (D) problems in obtaining refunds for unused or lost tickets or fare adjustments; (E) incorrect or incomplete information about fares, discount fare conditions and availability, overcharges, and fare increases; (F) deceptive or misleading advertising; and (G) compliance with Federal regulations. (4) Referral to federal or state agency The Secretary of Transportation may refer any complaint received under this subsection to the Attorney General or a relevant Federal or State agency for action, as appropriate. (5) Notice to passengers (A) Internet websites Each owner of a passenger vessel shall include, in a conspicuous location on each Internet website that the owner of a passenger vessel maintains for passengers to purchase or book passage on a passenger vessel— (i) the telephone number established under paragraph (1)(A); and (ii) any other information necessary for a passenger to submit a consumer complaint for resolution. (B) Boarding documentation The owner of a passenger vessel shall include the telephone number and Internet address of the link for consumer complaints established under paragraph (1) on— (i) any promotional literature or advertising, through any medium of communication in the United States offering passage or soliciting passengers for ocean voyages on passenger vessels, that the Secretary of Transportation considers necessary to adequately notify a prospective passenger of the telephone number and Internet address; and (ii) any electronic confirmation of the purchase of passage on a passenger vessel. (c) Penalties (1) Civil penalty The Secretary of Transportation may impose on any person that violates this section or a regulation under this section a civil penalty of not more than $25,000 for each day during which the violation continues, except that the maximum penalty for a continuing violation shall be $175,000. (2) Criminal penalty Any person that willfully violates this section or a regulation under this section shall be fined not more than $250,000 or imprisoned not more than 1 year, or both. (d) Rulemaking The Secretary of Transportation shall issue such regulations as are necessary to implement this section. . (b) Bill of rights (1) Enforceability Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall determine whether any of the enumerated rights in the international cruise line passenger bill of rights, which was adopted in 2013 by the members of the Cruise Lines International Association, are enforceable under Federal law. (2) Required statement The Secretary of Transportation shall include in the standards developed under section 3527(a) of title 46, United States Code, a statement informing a prospective passenger— (A) which rights referred to in paragraph (1) are legally enforceable; (B) that the passenger has a private right of action to enforce such rights; and (C) of any legal action that a prospective passenger may take to enforce such rights. (c) Advisory Committee for Passenger Vessel Consumer Protection (1) In general The Secretary of Transportation shall establish an advisory committee for passenger vessel consumer protection (referred to in this subsection as the advisory committee ) to advise the Secretary in carrying out activities relating to passenger vessel customer service improvements. (2) Membership The Secretary of Transportation shall appoint the members of the advisory committee, which shall be comprised of 1 representative each of— (A) owners of passenger vessels; (B) international industry-related associations; (C) State or local governments with expertise in consumer protection matters; (D) nonprofit public interest groups with expertise in consumer protection matters; (E) nonprofit public interest groups with expertise in victim assistance; and (F) relevant Federal agencies, as determined by the Secretary of Transportation. (3) Vacancies A vacancy in the advisory committee shall be filled in the manner in which the original appointment was made. (4) Travel expenses Members of the advisory committee shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (5) Chair The Secretary of Transportation shall designate, from among the individuals appointed under paragraph (2), an individual to serve as chair of the advisory committee. (6) Duties The advisory committee shall— (A) evaluate existing passenger vessel consumer protection programs or services; (B) recommend improvements to the programs or services under subparagraph (A), as necessary; (C) recommend additional passenger vessel consumer protection programs or services, as necessary; and (D) recommend to the Secretary of Transportation which key terms in a passage contract should be highlighted before such terms are binding, such as— (i) products and services available on board the passenger vessel for an undisclosed cost or fee or that otherwise are not included in the price of passage; (ii) the country under which the passenger vessel is registered or flagged; (iii) if the passenger vessel leaves the admiralty and maritime jurisdiction of the United States, a passenger may be subject to the law of a foreign country; (iv) the passenger vessel may not accept responsibility for any health care services provided to a passenger by medical staff on board the passenger vessel; (v) the maximum amount an owner of a passenger vessel will reimburse a passenger for lost or stolen property while on board the passenger vessel; and (vi) where to file a notice of claim or initiate any legal action against the owner of the passenger vessel. (7) Report to Congress Not later than February 1 of each of the first 2 calendar years beginning after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report that contains— (A) the recommendations made by the advisory committee during the preceding calendar year; (B) an explanation of whether and how the industry has implemented each recommendation; and (C) for each recommendation not implemented, the industry’s reason for not implementing the recommendation. (8) Definition of passenger vessel In this subsection, the term passenger vessel has the meaning given the term in section 3522 of title 46, United States Code. 6. Crime reporting and public notice (a) Availability of log book and entries to FBI and other investigators Section 3523(g)(1), as redesignated under section 2, is amended— (1) in subparagraph (A), by striking in a centralized location readily accessible to law enforcement personnel, ; and (2) in subparagraph (B), by striking make such log book available and inserting make available the log book described in subparagraph (A), the Captain’s log, the security log, the engine room log, all other logs, and all entries of the log books or logs described in this subparagraph, without regard as to whether the log book, logs, or entries are maintained on board the vessel or at a centralized location off the vessel, . (b) Deadline To notify Federal Bureau of Investigation regarding certain incidents Section 3523(g)(3)(A)(i), as redesignated under section 2, is amended— (1) by striking shall contact and inserting subject to subparagraph (C), shall contact ; and (2) by striking after the occurrence on board the vessel of an incident involving and inserting , but not later than 4 hours, after an employee of the vessel is notified of an incident on board the vessel allegedly involving . (c) Crime reporting guidelines Section 3523(g)(1)(A), as redesignated under section 2 and amended by subsection (a), is further amended— (1) in clause (i), by striking the comma at the end and inserting a semicolon; (2) in clause (ii), by striking , and and inserting a semicolon; (3) in clause (iii), by striking the comma at the end and inserting ; and ; and (4) by inserting after clause (iii) the following: (iv) any other criminal offenses reported to the Federal Bureau of Investigation through the Uniform Crime Reporting Program, . (d) Reports before departure Section 3523(g)(3), as redesignated under section 2, is amended by adding at the end the following: (C) Reports before departure If an employee of a vessel to which this subchapter applies is notified of an incident under subparagraph (A)(i) while the vessel is within the admiralty and maritime jurisdiction of the United States and en route to a United States port or at a United States port, the owner of the vessel (or the owner's designee) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attaché not later than the time specified under subparagraph (A)(i) or before the vessel departs port, whichever is earlier. . (e) Reports to United States consulates Section 3523(g)(3), as amended by subsection (d), is further amended by adding at the end the following: (D) Reports to United States consulates If an incident described in subparagraph (A)(i) allegedly involves an offense by or against a United States national, in addition to contacting the nearest Federal Bureau of Investigation Field Office or Legal Attaché under that subparagraph, the owner of a vessel to which this subchapter applies (or the owner's designee) shall contact the United States consulate at the next port of call as soon as possible, but not later than 4 hours after arrival at the port. . (f) Reports to Secretary of Transportation; incidents and details Section 3523(g)(3)(A), as amended by subsection (b), is further amended— (1) in clause (ii), by striking to the Internet website maintained by the Secretary of Transportation under paragraph (4)(A) and inserting , including the details under paragraph (2), to the Internet website maintained by the Secretary of Transportation under section 3528(i) ; and (2) in clause (iii), by striking under paragraph (4)(A) and inserting under section 3528(i) . (g) Availability of security guide via Internet Section 3523(c)(1), as redesignated under section 2 of this Act, is amended— (1) in subparagraph (A)— (A) by striking a guide (referred to in this subsection as the security guide ) and inserting a security guide ; and (B) by striking English, which and inserting English, that ; and (2) in subparagraph (C), by striking on the website of the vessel owner and inserting through a prominently accessible link on each Internet website that the vessel owner maintains for passengers to purchase or book passage on a passenger vessel . (h) Reporting requirements Section 3523, as redesignated under section 2 of this Act, is further amended— (1) by striking subsections (k) and (l); (2) by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and (3) by inserting after subsection (h) the following: (i) Reporting requirements (1) Provision to State fusion centers (A) In general Any records (including electronic records), information, or written documentation provided to any source under subsection (g) shall also be provided to the State fusion center (as described in section 210A of the Homeland Security Act of 2002 ( 6 U.S.C. 124h )) for the State in which the applicable port described in subparagraph (B) is located. (B) Applicable port For purposes of this paragraph, the applicable port shall be the port from which a vessel originally embarks or the port at which the vessel disembarks, whichever port is nearest when the alleged incident occurs. . 7. Crime prevention, documentation, and response requirements (a) Maintenance and placement of video surveillance equipment Section 3523(b)(1)(B), as redesignated under section 2 of this Act, is amended— (1) in subclause (II) of clause (ii), by striking to the maximum extent practicable ; (2) by redesignating subclause (IV) of clause (ii) as clause (iii), and adjusting the margins appropriately; (3) by inserting after subclause (III) of clause (ii) the following: (IV) incorporate the feedback and suggestions from the results of the independent third party risk assessment to provide optimum surveillance that complies with the guidance from the Commandant. ; and (4) in clause (iii), as redesignated by paragraph (2), by striking the independent party referred to in paragraph (C) and inserting the following: Independent third party .—The independent party referred to in clause (ii)(III) . (b) Access to video records Section 3523(b)(3)(B), as redesignated under section 2 of this Act, is further amended— (1) in the matter preceding clause (i), by striking Except as proscribed by law enforcement authorities or court order, the and inserting The ; and (2) in clause (ii), by striking of any sexual assault incident . (c) Notice of video surveillance Section 3523(b)(2), as redesignated under section 2 of this Act, is further amended by striking this section applies and inserting this subchapter applies . (d) Retention requirements Section 3523(b)(4), as redesignated under section 2 of this Act, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins appropriately; (2) by striking The owner of a vessel to which this section applies and inserting the following: (A) In general The owner of a vessel to which this subchapter applies ; (3) by striking 20 days after the footage is obtained and inserting 1 year after completion of the voyage ; (4) in clause (ii) of subparagraph (A), as redesignated by this subsection, by striking 4 years and inserting 5 years ; and (5) by adding at the end the following: (B) Interim standards Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2022 , the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance. (C) Final standards Not later than 1 year after the date of enactment of the Cruise Passenger Protection Act of 2022 , the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance. (D) Considerations In promulgating standards under subparagraphs (B) and (C), the Commandant shall— (i) consider factors that would aid in the investigation of serious crimes, including crimes that go unreported until after the completion of a voyage; (ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built; (iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and (iv) consider technological advancements, including requirements to update technology. . (e) Technology detecting passengers who have fallen overboard requirement Section 3523(a)(1)(D), as redesignated under section 2 of this Act, is amended— (1) by striking or detecting and inserting and detecting ; and (2) by striking is available and inserting is available, as determined by the International Maritime Organization . (f) Sea Marshals requirement Section 3523(f), as redesignated under section 2 of this Act, is amended— (1) by redesignating subparagraphs (A) and (B) of paragraph (1) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; and (3) by striking (f) and all that follows through The owner and inserting the following: (f) Crew requirements (1) Sea marshals The owner of a vessel to which this section applies shall ensure that the vessel is staffed at all times with an appropriate number, based on the vessel size and the number of passengers, of sea marshals who have been certified by, and are operating under the jurisdiction of, the Coast Guard. (2) Crew access to passenger staterooms The owner . (g) Authority To provide assistance to victims of crimes on board passenger vessels Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3528. Assistance to victims of crimes on board certain passenger vessels (a) Purpose The purpose of this section is to provide to a passenger who is an alleged victim of an incident described in section 3523(g)(3)(A)(i)— (1) a written summary of rights described in subsection (e); (2) a primary point of contact within the Federal Government; and (3) a means of obtaining immediate, free, and confidential support services. (b) Director of victim support services (1) Interim designation The Secretary of Transportation shall designate an interim director of victim support services. The interim director shall be an employee of the Department of Transportation and shall serve in the position until a final designation is made under paragraph (2). (2) Final designation Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2022 , the Secretary of Transportation, in consultation with the Department of Justice and other relevant Federal agencies, shall— (A) designate an employee of the Federal Government to serve as the director of victim support services under this section; and (B) determine an effective way to publicize the toll-free telephone number under subsection (c) and the availability of support services. (3) Responsibilities The director of victim support services shall— (A) be responsible for acting as a primary point of contact within the Federal Government for any passenger described in subsection (a); (B) coordinate with one or more nonprofit organizations or other entities that can provide the types of support services described in subsection (d); (C) establish a process for a passenger described in subsection (a) to obtain the appropriate types of support services described in subsection (d); (D) recommend a process for a passenger described in subsection (a) to obtain an appropriate continuum of care; (E) recommend a process for a passenger described in subsection (a) to obtain information on the status of any related criminal investigation; (F) develop guidance, consistent with the purpose of this section, for the security guide under section 3523(c)(1), including a process to ensure that an owner of a passenger vessel provides a copy of the security guide to a passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described in subsection (g)(3)(A)(i); (G) periodically update that guidance, as necessary; and (H) be the primary liaison between a passenger described in subsection (a) and— (i) the owner of the passenger vessel; (ii) any relevant Federal agency; (iii) any relevant United States embassy or United States consulate; and (iv) any other person that the director of victim support services considers necessary to carry out the purpose of this section. (c) Toll-Free telephone number The Secretary of Transportation shall establish a toll-free telephone number, available 24 hours each day, that a passenger described in subsection (a) can call to initiate the process under subsection (b)(3)(C). (d) Support services The director of victim support services shall determine the types of support services that a passenger described in subsection (a) can obtain, such as— (1) directions on how to report an incident described in section 3523(g)(3)(A)(i) to appropriate authorities; (2) an explanation of, or assistance completing, necessary forms to report an incident described in section 3523(g)(3)(A)(i); (3) an explanation of how, or assistance to, obtain support services under this section; (4) arranging, if appropriate, for mental health and counseling services; (5) arranging, if possible, for education regarding and advocacy during applicable criminal justice proceedings; and (6) communicating with that passenger as to the roles of the organization or entities described in subsection (b)(3)(B), government agencies, and the owner of the passenger vessel involved with respect to the incident and the post-incident activities. (e) Summary of rights Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act of 2022 , the Secretary of Transportation, in consultation with the Department of Justice, other relevant Federal agencies, nonprofit public interest groups with expertise in victim assistance, and such other persons that the Secretary of Transportation considers necessary, shall— (1) determine what rights a passenger described in subsection (a) may have under law, such as the right to contact the Federal Bureau of Investigation to report the crime, the right to contact the director of victim support services, and the right to speak confidentially to Federal law enforcement, the director of victim support services, and any other third-party victim advocate without any representative or employee of the passenger vessel present; (2) develop a written summary of those rights; and (3) establish a process for a passenger described in subsection (a) to receive the written summary of rights as soon as practicable after an alleged incident described under section 3523(g)(3)(A)(i). (f) Guardians and relatives If a passenger described in subsection (a) is deceased or is a minor, or under such other circumstances that the director of victim support services considers necessary, the director may provide support services under this section to a guardian or relative of that passenger. (g) Use of passenger vessel resources As appropriate, the resources of the passenger vessel shall be used to the greatest extent possible to carry out the purpose of this section. (h) Statutory construction Nothing in this section may be construed as limiting the obligations that an owner of a passenger vessel may have in providing assistance to a passenger who is an alleged victim of an incident described under section 3523(g)(3)(A)(i). (i) Availability of incident data via Internet (1) In general The Secretary of Transportation shall maintain a statistical compilation of all incidents described in section 3523(g)(3)(A) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes duly recorded in each report filed under section 3523(g)(3). Each incident described in section 3523(g)(3)(A) shall be included in the statistical compilation irrespective of its investigative status. (2) Updates The Secretary of Transportation shall ensure that the data described in paragraph (1)— (A) is updated not less frequently than quarterly; (B) is aggregated by cruise line; (C) identifies each cruise line by name; (D) identifies each crime and alleged crime as to whether it was committed or allegedly committed by a passenger or a crew member; (E) identifies each crime and alleged crime as to whether it was committed or allegedly committed against a minor; (F) identifies the number of alleged individuals overboard; and (G) is compiled on the Internet website in a user-friendly format. (3) Access to website Each owner of a passenger vessel shall include a prominently accessible link to the Internet website maintained by the Secretary of Transportation under paragraph (1) on each Internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel. (j) Regulations The Secretary of Transportation shall issue such regulations as are necessary to implement this section. . (h) Study Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of the department in which the Coast Guard is operating, the Attorney General, and heads of other relevant Federal agencies, shall— (1) conduct a study to determine the feasibility of having an individual on board each passenger vessel (as defined in section 3522 of title 46, United States Code) to provide victim support services, including the support services under section 3528(d) of title 46, United States Code, and related safety and security services, which includes consideration of the cost, the benefit to passengers, jurisdiction, and logistics; and (2) report the findings of the study conducted under paragraph (1) to Congress. (i) Criminal activity prevention and response guide Section 3523(c)(1), as amended by section 6(g) of this Act, is further amended— (1) in subparagraph (A)— (A) by redesignating clause (ii) as clause (vi); (B) by inserting after clause (i) the following: (ii) describes the availability of support services under section 3528, including any contact information provided by the Secretary of Transportation or director of victim support services under that section; (iii) includes the summary of rights under section 3528(e); (iv) includes the summary under section 3527(a); (v) includes the toll-free hotline telephone number and consumer complaints Internet website link under section 3527(b); ; (C) in clause (vi), as redesignated, by inserting and at the end; and (D) by adding at the end the following: (vii) includes such other information as the Secretary of Transportation recommends under section 3528(b)(3)(F); ; (2) by amending subparagraph (B) to read as follows: (B) provide a copy of the security guide to— (i) the Secretary of Transportation for review; and (ii) the Federal Bureau of Investigation for comment; and ; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B) the following: (C) immediately after the vessel is notified that a passenger is an alleged victim of an incident described under subsection (g)(3)(A)— (i) provide the passenger with a copy of the security guide; and (ii) inform the passenger that the passenger has the right to notify the Federal Bureau of Investigation that the passenger has been a victim of a crime on a passenger vessel; and . (j) Maintenance of supplies To prevent sexually transmitted diseases Section 3523(d)(1), as redesignated by section 2 of this Act, is amended by inserting (taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate) after a sexual assault . (k) Sexual assault; contact information Section 3523(d)(5)(A), as redesignated by section 2 of this Act, is amended by striking the United States Coast Guard, . (l) Sexual assault; private telephone line Section 3523(d)(5)(B), as redesignated by section 2 of this Act, is amended by inserting under section 3528 or after the information and support services available . (m) Crime scene preservation training; certification of organizations by MARAD Section 3524(a), as redesignated by section 2 of this Act, is amended by striking may certify and inserting shall certify . (n) Crew access to passenger staterooms; procedures and restrictions Section 3523(f)(2), as redesignated and amended by section 2 of this Act and subsection (f) of this section, is amended— (1) in subparagraph (A)— (A) in clause (i), by striking and at the end; and (B) by inserting after clause (ii) the following: (iii) a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and ; and (2) by striking subparagraph (B) and inserting the following: (B) ensure that the procedures and restrictions are— (i) fully and properly implemented; (ii) reviewed annually; and (iii) updated as necessary. . (o) Requirements for reporting Subsection (i) of section 3523, as added by section 6(h), is further amended by adding at the end the following: (2) Applicability of requirements Any reporting requirement under this section relating to an incident specified in paragraph (3)(A)(i) is required without regard as to whether the Federal Bureau of Investigation has opened a formal investigation relating to the incident. . 8. Passenger vessel security and safety requirements (a) Vessel design, equipment, construction, and retrofitting requirements Section 3523(a), as redesignated by section 2 of this Act, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking to which this subsection applies and inserting to which this subchapter applies ; (B) in subparagraph (A)— (i) by striking The vessel and inserting Each exterior deck of a vessel ; and (ii) by inserting unless the height requirement would interfere with the deployment of a lifesaving device or other emergency equipment as identified by the Commandant before the period at the end; (C) in subparagraph (B), by striking entry doors that include peep holes or other means of visual identification. and inserting an entry door that includes a peep hole or other means of visual identification that provides an unobstructed view of the area outside the stateroom or crew cabin. For purposes of this subparagraph, the addition of an optional privacy cover on the interior side of the entry shall not in and of itself constitute an obstruction. ; and (D) in subparagraph (E), by striking when operating in high risk areas (as defined by the United States Coast Guard) ; and (2) by adding at the end the following: (3) Waivers; record of waivers The Secretary— (A) may waive a requirement under paragraph (1) as the Secretary determines necessary; (B) shall maintain a record of each waiver under subparagraph (A); and (C) shall include in such record the justification for the waiver. . (b) Medical standards (1) Medical standards Section 3525, as redesignated by section 2 of this Act, is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following: (2) there are a sufficient number of qualified medical staff members on the vessel to treat the number of passengers who may be on board the vessel, as determined by the Secretary, by regulation; ; (C) in paragraph (3), as redesignated by subparagraph (A), by striking ; and and inserting or any successor standard; ; (D) in paragraph (4), as redesignated by subparagraph (A)— (i) in subparagraph (A), by striking and after the semicolon; (ii) in subparagraph (B), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (C) the location and proper use of automated external defibrillators; and (D) the proper way to report an incident or to seek security assistance in the event of a medical emergency; ; and (E) by adding at the end the following: (4) if a United States citizen dies on board the vessel and the citizen’s next of kin requests that the citizen’s body return to the United States on the vessel, such request is granted; (5) every crew member on the vessel has received basic life support training and is certified in cardiopulmonary resuscitation; and (6) every crew member on a vessel leaving from or en route to a United States port of call has a basic understanding of the English language. . (2) Effective date The amendments made by paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act. 9. Enforcement (a) Penalties for violation of passenger vessel security and safety requirements Section 3523(h)(1)(A), as redesignated by section 2 of this Act, is amended by striking $50,000 and inserting $175,000 . (b) Information sharing Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3529. Information sharing (a) In general To the extent not prohibited by other law, the head of a designated agency shall make available to another head of a designated agency any information necessary to carry out the provisions of this subchapter. The provision by the head of a designated agency of any information under this section to another head of a designated agency shall not constitute a waiver of, or otherwise effect, any privilege any agency or person may claim with respect to that information under Federal or State law. (b) Definition of head of a designated agency In this section, the term head of a designated agency means the Secretary of Transportation, the Secretary of Homeland Security, or the Attorney General. . (c) Enforcement Chapter 35, as amended by this Act, is further amended by adding at the end the following: 3530. Refusal of clearance; denial of entry (a) Clearance The Secretary of Homeland Security may withhold or revoke the clearance required under section 60105 of any vessel of the owner of a vessel to which this subchapter applies, wherever the vessel is found, if the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under this subchapter; or (2) fails to pay a penalty imposed on the owner under this subchapter. (b) Denial of entry The Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a vessel to which this subchapter applies if the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under this subchapter; or (2) fails to pay a penalty imposed on the owner under this subchapter. . 10. Technical and conforming amendments (a) Application Chapter 35, as amended by this Act, is further amended— (1) in section 3523, by striking to which this section applies each place such phrase appears and inserting to which this subchapter applies ; (2) in section 3524, by striking to which this section applies each place such phrase appears and inserting to which this subchapter applies ; (3) in section 3525, by striking to which section 3507 applies and inserting to which this subchapter applies ; and (4) in section 3526— (A) by striking to which section 3507 applies and inserting to which this subchapter applies ; (B) by striking (a) Automated external defibrillators .— ; and (C) by striking subsection (b). (b) Availability of incident data via Internet Section 3523(g), as redesignated under section 2 of this Act, is amended by striking paragraph (4). (c) Reporting requirements Section 8440(c)(2) of the William M. (Mac) Thornberry National Defense Authorization Act of 2021 is amended by striking 3507 of title 46, United States Code and inserting 3523 of title 46, United States Code (designated as section 3507 of such title before the date of enactment of the Cruise Passenger Protection Act of 2022 ), . (d) Table of contents The table of contents for chapter 35 is amended— (1) by inserting before the item relating to section 3501 the following: Subchapter I–General provisions ; (2) by striking the items relating to sections 3507, 3508, 3509, and 3510 and inserting the following: 3523. Passenger vessel security and safety requirements. 3524. Crime scene preservation training for passenger vessel crewmembers. 3525. Medical standards. 3526. Additional medical and safety standards. ; (3) by inserting after the item relating to section 3506 the following: Subchapter II–Cruise vessels ; (4) by inserting before the item relating to section 3523 the following: 3521. Application. 3522. Definitions. ; and (5) by adding at the end the following: 3527. Passenger vessel consumer service improvements. 3528. Assistance to victims of crimes on board certain passenger vessels. 3529. Information sharing. 3530. Refusal of clearance; denial of entry. . 11. Limitations in certain cases (a) In general Section 30307 is amended— (1) in the section heading, by striking Commercial aviation accidents and inserting Limitations in certain cases ; (2) by striking subsection (a) and inserting the following: (a) Definitions In this section, the following definitions apply: (1) Cruise ship The term cruise ship means a passenger vessel, other than a vessel of the United States operated by the Federal Government or a vessel owned and operated by a State, that— (A) is authorized to carry at least 250 passengers; (B) has onboard sleeping facilities for each passenger; (C) is on a voyage that embarks or disembarks passengers in the United States; and (D) is not engaged on a coastwise voyage. (2) Nonpecuniary damages The term nonpecuniary damages means damages for pre-death pain and suffering and for loss of care, comfort, and companionship. ; (3) in subsection (b), by inserting , or cruise ship voyage, after commercial aviation accident ; and (4) in subsection (c), by inserting , or cruise ship voyage, after commercial aviation accident . (b) Clerical amendment The table of sections for chapter 303 is amended by striking the item relating to section 30307 and inserting the following: 30307. Limitations in certain cases. . | https://www.govinfo.gov/content/pkg/BILLS-117s5343is/xml/BILLS-117s5343is.xml |
117-s-5344 | II 117th CONGRESS 2d Session S. 5344 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Young (for himself, Mr. Hickenlooper , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To establish a pilot program for transitioning small businesses in the construction or engineering industries, and for other purposes.
1. Short title This Act may be cited as the Solving the Unnecessary Contracting Cliff for Enterprises to Scale Successfully Act or the SUCCESS Act . 2. Pilot program for transitioning small businesses in the construction or engineering industries The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended by inserting after section 32 the following: 33. Pilot program for transitioning small businesses in the construction or engineering industries (a) Definitions In this section: (1) Eligible concern The term eligible concern means a concern that has grown to exceed the size standard applicable to the North American Industry Classification System code corresponding to— (A) commercial and institutional building construction; or (B) engineering services. (2) Participant The term Participant means an eligible concern that— (A) meets the criteria described in subsection (d); and (B) participates in the Program. (3) Program The term Program means the pilot program for transitioning small businesses established under paragraph (b). (b) Establishment Not later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations establishing a pilot program to foster the continued success of eligible concerns by permitting those concerns to qualify as small for certain contracts during a transitional period. (c) Purpose The purpose of the Program is to assist eligible concerns in their transition from small business concerns to other-than-small and thereby increase competition in the unrestricted Federal marketplace. (d) Criteria for participation (1) Election An eligible concern may make a one-time election, which shall not be changed, to participate, with respect to the primary activity of the eligible concern, under— (A) the North American Industry Classification System Code corresponding to commercial and institutional building construction; or (B) the North American Industry Classification System Code corresponding to engineering services. (2) Registration An eligible concern shall— (A) register as a Participant with the System for Award Management (or any successor system) on the date on which the eligible concern makes the election under paragraph (1) in the registry described in subsection (h); and (B) ensure that the registration of the eligible concern is current and accurate. (3) Term of the transitional period (A) In general Except as provided in subparagraph (B), the transitional period, during which an eligible concern may be eligible to participate in the Program, shall— (i) begin on the date which the eligible concern first exceeds the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern pursuant to paragraph (1); and (ii) not exceed 7 consecutive years. (B) Exception An eligible concern first exceeding the size standard described in subparagraph (A)(i) within the 7-year period immediately preceding the effective date of regulations issued under subsection (b) shall be eligible to participate in the Program for the remainder of the 7-year period beginning on the date which the concern first exceeded the size standard. (4) Activity targets The regulations described in subsection (b) shall establish non-small business set aside business activity targets that— (A) are applicable to Participants during the third year and each succeeding year of Program participation; and (B) during the period of time described in subparagraph (A), shall reflect a reasonably consistent increase in sales other than obtained through contracts set aside for small business concerns, expressed as a percentage of total sales. (5) Cap on average annual receipts Each Participant shall be subject to a cap on average annual receipts that is 5 times the size standard applicable to the North American Industry Classification System code corresponding to the industry elected by the concern, calculated consistent with the method in 121.104 of title 13, Code of Federal Regulations, or any successor regulation. (6) Certification (A) In general Each Participant shall be required to annually certify in the System for Award Management (or any successor system) as to whether or not the Participant has— (i) met the activity target established under paragraph (4) for the preceding year; and (ii) complied with the restrictions described in subsection (e). (B) Noncompliance If a Participant certifies that the Participant has not met the applicable activity targets established under paragraph (4) for 2 consecutive years, or certifies that the Participant has not complied with the restrictions described in subsection (e), the Participant shall no longer be eligible to participate in the Program. (7) Participant report The regulations issued under subsection (b) shall establish— (A) requirements for annual reporting by Participants to the Administrator during Program participation, to include reporting on compliance with activity targets established under paragraph (4), the number and dollar value of contracts awarded based on eligibility under subsection (f)(1), and information required for the registry under subsection (h); and (B) reporting requirements applicable for a period of not less than 5 years after exiting the Program. (8) No reinstatement Upon the expiration of the transitional period, or once a Participant otherwise becomes ineligible for the Program, the concern shall not be eligible for reinstatement in the Program. (e) Restrictions (1) Mentor-protégé (A) In general A Participant may not apply to be a protégé under a mentor-protégé program established under this Act. (B) Existing protégés A Participant that is already a protégé prior to registration under the Program under subsection (d)(2) may, in years 1 and 2 of the transitional period of the Program, continue to submit proposals in a mentor-protégé program established under this Act. (2) Additional restrictions In addition to the restrictions described in paragraph (1), the Administrator may include additional restrictions for Participants consistent with the purposes of this Act. (f) Purposes for which participants may qualify as small Subject to the restrictions in paragraph (e), a Participant may otherwise qualify as small for purposes of the following: (1) Contracts that are set aside for small business concerns and assigned a North American Industry Classification System code corresponding to the industry elected by the Participant under subsection (d)(1) and— (A) the Government of the United States expects to be equal to or exceed— (i) for commercial and institutional building construction, $5,000,000; and (ii) for engineering services, $1,000,000; and (B) any orders under such contracts irrespective of the value of the order. (2) Goals established pursuant to section 15(g) for participation by small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. (g) Termination (1) In general The Program shall terminate on the date that is 10 years after the date of enactment of this section. (2) Continuation of participation Notwithstanding paragraph (1), any Participant in the program as of the date on which the Program terminates under paragraph (1) may continue to participate until the expiration of the term of the Participant under subsection (d)(3). (h) Publication of registry required The Administrator shall establish and maintain in the System for Award Management (or any successor system) a registry of eligible Participants, which registry shall, to the extent practicable— (1) include the name, address, transitional period entry and exit dates, and elected North American Industry Classification System code with respect to each Participant; and (2) be updated by the Administrator not less than annually. (i) Additional information To be maintained The Administrator shall maintain data regarding— (1) the number of Participants in the Program; (2) the number of former Participants that have exited the Program; (3) the number of former Participants that have successfully transitioned to other-than-small, under such criteria as the Administrator may establish; (4) the number of former Participants that have returned to being small under North American Industry Classification System code elected by the Participant under subsection (d)(1); and (5) the total dollar value of small business awards made each fiscal year to Participants by each Federal agency. (j) GAO study and report (1) Study Not later than 2 years after the date of enactment of this section, the Comptroller General of the United States shall begin conducting a study to evaluate the implementation of the Program. (2) Report Not later than 8 years after the date of enactment of this section, the Comptroller General of the United States shall submit to Congress a report on the results of the study required under paragraph (1), which shall include— (A) an assessment of the feasibility and advisability of broadening the Program to include additional industries, as defined under the North American Industry Classification System; (B) the effects of the Program, if any, on Participants and on the industrial base; (C) any recommendations for improving the Program, including whether the Program should be made permanent; and (D) any additional findings and recommendations as the Comptroller General of the United States considers appropriate. . | https://www.govinfo.gov/content/pkg/BILLS-117s5344is/xml/BILLS-117s5344is.xml |
117-s-5345 | II 117th CONGRESS 2d Session S. 5345 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to provide that the consumer transaction account deposits of an insured depository institution are not considered to be funds obtained by or through a deposit broker, and for other purposes.
1. Short title This Act may be cited as the Consumer Transaction Account Protection Act of 2022 . 2. Limited exception for consumer transaction account deposits Section 29 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f ) is amended by adding at the end the following: (j) Limited exception for consumer transaction account deposits (1) In general Consumer transaction account deposits of an insured depository institution shall not be considered to be funds obtained, directly or indirectly, by or through a deposit broker. (2) Definitions In this subsection: (A) Consumer transaction account deposit The term consumer transaction account deposit means a deposit in a transaction account with an insured depository institution— (i) that is entirely covered by deposit insurance; (ii) that is opened by an individual; (iii) that is held in the name of the individual; (iv) that is used monthly by the individual to make payments to, and to receive deposits from, third parties; and (v) with respect to which only the individual is recognized by the insured depository institution as being authorized to designate that withdrawals or payments be made from the account. (B) Transaction account The term transaction account has the meaning given the term in section 19(b)(1) of the Federal Reserve Act ( 12 U.S.C. 461(b)(1) ). . | https://www.govinfo.gov/content/pkg/BILLS-117s5345is/xml/BILLS-117s5345is.xml |
117-s-5346 | II 117th CONGRESS 2d Session S. 5346 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to exclude affiliates and subsidiaries of insured depository institutions from the definition of deposit broker, and for other purposes.
1. Short title This Act may be cited as the Brokered Deposit Affiliate-Subsidiary Modernization Act of 2022 . 2. Brokered deposits Section 29(g) of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f(g) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting or any affiliate or subsidiary of that insured depository institution, after an insured depository institution, ; and (B) in subparagraph (B), by inserting or any affiliate or subsidiary of the insured depository institution, after an insured depository institution, ; and (2) by striking paragraph (4) and inserting the following: (4) Employee For purposes of this subsection, the term employee — (A) means an individual who receives compensation in any form from— (i) an insured depository institution; or (ii) any affiliate or subsidiary of an insured depository institution; and (B) includes a registered representative of a broker or dealer that is an affiliate or subsidiary of an insured depository institution. . | https://www.govinfo.gov/content/pkg/BILLS-117s5346is/xml/BILLS-117s5346is.xml |
117-s-5347 | II 117th CONGRESS 2d Session S. 5347 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Federal Deposit Insurance Act to remove restrictions on brokered deposits, and for other purposes.
1. Short title This Act may be cited as the Asset Growth Restriction Act of 2022 . 2. Findings and purpose (a) Findings Congress finds that— (1) restrictions on the acceptance of brokered deposits were enacted in 1989 in order to prevent the abuse of the deposit insurance system by troubled depository institutions; (2) since the enactment of the restrictions described in paragraph (1), technological and demographic developments have changed the way in which depository institutions seek and source deposits, and, as a result, many deposits that are classified as brokered pose little, if any, risk to the deposit insurance system; and (3) in today’s economy, the greatest risk to the deposit insurance system is asset growth by depository institutions that are less than well capitalized. (b) Purpose The purpose of this Act, and the amendments made by this Act, is to remove the current (as of the date of enactment of this Act) restrictions on brokered deposits and to authorize the Federal Deposit Insurance Corporation to issue regulations that restrict asset growth by depository institutions that are less than well capitalized. 3. Asset growth restriction (a) Asset growth restriction Section 29 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f ) is amended— (1) in the section heading, by striking Brokered deposits and inserting Asset growth restrictions ; and (2) by striking subsections (a) through (i), and inserting the following: (a) Definitions In this section, the terms average , critically undercapitalized , and well capitalized have the meanings given those terms in section 38(b). (b) Regulations required Not later than 18 months after the date of enactment of the Asset Growth Restriction Act of 2022 , the Corporation, in consultation with the Board of Governors of the Federal Reserve System and the Comptroller of the Currency, shall promulgate regulations imposing a restriction on average total asset growth for insured depository institutions that are less than well capitalized to maintain safety and soundness and minimize risk to the Deposit Insurance Fund. (c) Maximum level of growth As part of the regulations required under subsection (b), the Corporation shall— (1) establish a framework to impose 1 or more maximum levels of growth in average total assets that an insured depository institution that is less than well capitalized may not exceed, and provide appropriate adjustments for growth resulting from corporate restructuring such as acquisitions or mergers; and (2) establish a waiver process to enable the Corporation to waive the maximum level established in paragraph (1) upon application by an insured depository institution that is not critically undercapitalized, based on conditions set by the Corporation. (d) Exemptions and additional restrictions As part of the regulations required under subsection (b), the Corporation may— (1) exempt specified classes of assets from the asset growth restriction if the Corporation, in the discretion of the Corporation, determines that growth in those assets does not present risks to the safety and soundness of an insured depository institution; and (2) impose additional restrictions on insured depository institutions to prevent circumvention or evasion of this section by an insured depository institution resulting from actions taken by the insured depository institution by, or through, affiliates of the insured depository institution. (e) Orders The Corporation may, by order— (1) establish a less restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level will not pose an undue risk to the Deposit Insurance Fund; and (2) establish a more restrictive level of growth restriction for a particular insured depository institution that is less than well capitalized, or a group of insured depository institutions that are less than well capitalized, if the Corporation finds that such a level is necessary to protect the Deposit Insurance Fund. (f) Conforming regulations The Corporation shall revise the regulations of the Corporation, as in existence on the date of enactment of the Asset Growth Restriction Act of 2022 , to ensure that those regulations conform to the requirements of this section. . (b) Rule of construction An insured depository institution that is in compliance with the regulations or orders issued pursuant to section 29 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831f ), as amended by subsection (a) of this section, shall be deemed to be in compliance with the asset growth standard established pursuant to section 39 of that Act ( 12 U.S.C. 1831p–1 ). (c) Technical and conforming amendment Section 274(5) of the Truth in Savings Act ( 12 U.S.C. 4313(5) ) is amended by inserting , as that provision was in effect on the day before the date of enactment of the Asset Growth Restriction Act of 2022 after Act . | https://www.govinfo.gov/content/pkg/BILLS-117s5347is/xml/BILLS-117s5347is.xml |
117-s-5348 | II 117th CONGRESS 2d Session S. 5348 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Daines (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to expand access to the Veterans Community Care Program of the Department of Veterans Affairs to include certain veterans seeking mental health or substance-use services and toxic-exposed veterans, and for other purposes.
1. Short title This Act may be cited as the Protecting Veteran Community Care Act . 2. Findings Congress finds the following: (1) On June 6, 2018, the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018 ( Public Law 115–182 ) (in this section referred to as the VA MISSION Act ) became law. (2) Congressional intent with the VA MISSION Act was to reform and replace the program under section 101 of the Veterans Access, Choice, and Accountability Act of 2014 ( Public Law 113–146 ; 38 U.S.C. 1701 note) to ensure access of veterans to community health care providers. (3) The eligibility standards established by the VA MISSION Act were not meant to be used to limit health care options for veterans or to be applied to community providers, which would result in reduced health care options. (4) Many veterans do not have access to a medical facility of the Department of Veterans Affairs in their community and each medical facility of the Department may not be able to adequately address the specific health care needs of a particular veteran. (5) It was the intent of Congress in the VA MISSION Act that all medical services, including mental health treatments and institutional extended care services for mental health, were to be available to veterans in the community. (6) The Department is limiting access of veterans to community care for mental health treatments. (7) Despite the best efforts of the Department, veteran suicide remains at significant levels throughout the United States. (8) No veteran should have to wait 30 days for mental health services to be approved by the Department. (9) Telehealth appointments represent a valuable complementary health care option for underserved veterans, but do not offer the same quality of care as in-person visits to facilities of the Department or in the community. 3. Expansion of Veterans Community Care Program to include access to mental health or substance-use services for veterans unable to timely access Mental Health Residential Treatment Programs (a) In general Section 1703 of title 38, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (D), by striking ; or and inserting a semicolon; (ii) in subparagraph (E), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following new subparagraph: (F) in the case of residential mental health or substance-use services, the covered veteran— (i) meets the criteria of the Department for priority admission to a Mental Health Residential Rehabilitation Treatment Program of the Department and the Department is unable to accommodate such priority admission; or (ii) has contacted the Department to request such services from a Mental Health Residential Rehabilitation Treatment Program of the Department and the Department is not able to furnish such services in a manner than complies with the access standards of the Department for specialty care provided under this section by a health care provider specified in subsection (c). ; and (B) by adding at the end the following new paragraph (4): (4) In the case of a covered veteran entitled to mental health or substance-use services under paragraph (1)(F), the Secretary shall ensure that referral of a veteran to an alternate Mental Health Residential Rehabilitation Treatment Program of the Department does not take precedence over timely access to such services under this section pursuant to such paragraph unless such referral is requested by the covered veteran. ; (2) by redesignating subsection (o) as subsection (p); and (3) by inserting after subsection (n) the following new subsection (o): (o) Minimum standards for residential mental health or substance-Use services (1) Subject to paragraph (2), in furnishing residential mental health or substance-use services to covered veterans pursuant to subsection (d)(1)(F), the Secretary shall ensure that programs or facilities providing such services under this section meet the following standards: (A) A treatment program or facility must be licensed and accredited by a State for the provision of the services provided. (B) A treatment program must be accredited under either the Joint Commission Behavioral Health Standards or the Behavioral Health Standards manual (residential treatment) of the Commission on Accreditation of Rehabilitation Facilities, or any successor standards or manual. (2) If a program or facility to which a covered veteran is to be referred pursuant to subsection (d)(1)(F) does not meet the standards specified under paragraph (1), the Secretary, acting through the director of the facility of the Department carrying out the referral— (A) shall consider an alternate program or facility; and (B) may waive such standards on an individual basis if no other alternate program or facility is available or such waiver is in the best interest of the veteran. . (b) Modification of access standards Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop or amend existing access standards of the Department of Veterans Affairs to ensure that access to mental health care under the Veterans Community Care Program under section 1703 of title 38, United States Code, as amended by subsection (a), is not more restrictive than the access standards for specialty care under such section. 4. Requirement to provide care under Veterans Community Care Program for toxic-exposed veterans Section 1703(d)(1) of title 38, United States Code, as amended by section 2(a)(1)(A), is further amended— (1) in subparagraph (E), by striking ; or and inserting a semicolon; (2) in subparagraph (F), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (G) the covered veteran is a toxic-exposed veteran. . 5. Prohibition on certain limitations on access of veterans to care Section 1703(n) of title 38, United States Code, is amended by adding at the end the following new paragraphs: (3) In applying wait times or access standards under this section for purposes of determining eligibility of a covered veteran for care or services under this section, the Secretary may not determine that the veteran is ineligible for such care or services due solely to the fact that health care providers specified in subsection (c) are unable to provide such care or services in compliance with such wait times or access standards. (4) If multiple options are available to a covered veteran for care or services under this section, the Secretary shall permit the veteran to elect the option that the veteran prefers. . 6. Development of community care metrics (a) In general Section 1703(m)(1) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (C) The review submitted under subparagraph (A) shall include, for the year covered by the review, the following: (i) The number of instances of care or services requested. (ii) The number of such requests that were approved. (iii) The number of such requests that were denied. (iv) The number of appeals under subsection (f) of such requests that were denied, including the final decision of such appeal. (v) The eligibility criteria under which each eligible veteran has qualified for care or services under this section. (vi) Data with respect to the following: (I) Requests for care or services relating to mental health. (II) Authorizations for emergency care, including whether transportation for such care was required or whether further care or a hospital stay was required. . (b) Application The amendment made by subsection (a) shall apply to each review conducted under subparagraph (A) of such section after the date of the enactment of this Act. 7. Limitation on modification of community care access standards Any modification on or after the date of the enactment of this Act by the Secretary of Veterans Affairs of the conditions under which care is required to be provided under section 1703(d) of title 38, United States Code, either through a modification of the designated access standards under paragraph (1)(D) of such section, a modification of the criteria developed by the Secretary under paragraph (1)(E) of such section, or otherwise through regulation, shall not take effect until a joint resolution is enacted approving such modification to the conditions under which care is required to be provided under such section. | https://www.govinfo.gov/content/pkg/BILLS-117s5348is/xml/BILLS-117s5348is.xml |
117-s-5349 | II 117th CONGRESS 2d Session S. 5349 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Portman introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify certain provisions relating to the taxation of international entities.
1. Short title, etc (a) Short title This Act may be cited as the International Competition for American Jobs Act . (b) Amendment of 1986 code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. 2. Permanent extension of look-thru rule for controlled foreign corporations (a) In general Section 954(c)(6)(C) is amended by striking and before January 1, 2026, . (b) Effective date The amendment made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2022, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. 3. Modification of deduction for foreign-derived intangible income and global intangible low-taxed income (a) In general Section 250(a) is amended to read as follows: (a) Allowance of deduction In the case of a domestic corporation for any taxable year, there shall be allowed as a deduction an amount equal to the sum of— (1) 37.5 percent of the foreign-derived intangible income of such domestic corporation for such taxable year, plus (2) 50 percent of— (A) the global intangible low-taxed income amount (if any) which is included in the gross income of such domestic corporation under section 951A for such taxable year, and (B) the amount treated as a dividend received by such corporation under section 78 which is attributable to the amount described in subparagraph (A). . (b) Deduction taken into account in determining net operating loss deduction Section 172(d) is amended by striking paragraph (9). (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 4. Modifications to base erosion minimum tax (a) Base erosion minimum tax amount determined without regard to credits (1) In general Section 59A(b)(1)(B) is amended to read as follows: (B) an amount equal to the regular tax liability (as defined in section 26(b)) of the taxpayer for the taxable year. . (2) Conforming amendment Section 59A(b) is amended by striking paragraph (4). (b) Elimination of modifications for taxable years after 2025 (1) In general Section 59A(b) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Conforming amendments (A) Section 59A(b)(1) is amended by striking paragraphs (2) and (3) and inserting paragraph (2) . (B) Paragraph (2) of section 59A(b), as redesignated by paragraph (1), is amended by striking under paragraphs (1)(A) and (2)(A) shall each be increased and inserting under paragraph (1)(A) shall be increased . (C) Section 59A(e)(1)(C) is amended by striking subsection (b)(3)(B) and inserting subsection (b)(2)(B) . (c) Expansion and consolidation of rules To exempt certain payments from treatment as base erosion payments (1) In general Section 59A is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Certain payment not treated as base erosion payments (1) Exception for payments on which tax is imposed (A) In general An amount shall not be treated as a base erosion payment if tax is (or was at the time of payment or accrual) imposed by this chapter with respect to such amount (other than by this section). (B) Treatment of certain deductions For purposes of subparagraph (A), tax shall be treated as imposed by this chapter without regard to any deduction allowed under part VIII of subchapter B. (C) Application of certain rules The amount not treated as a base erosion payment by reason of this paragraph shall be determined under rules similar to the rules of section 163(j)(5) (as in effect before the date of the enactment of Public Law 115–97 ). (2) Exception for certain payments subject to sufficient foreign tax (A) In general An amount shall not be treated as a base erosion payment if the taxpayer establishes to the satisfaction of the Secretary that such amount was made to a foreign person which is a related party of the taxpayer that is subject to an effective rate of foreign income tax (as defined in section 904(d)(2)(F)) which is not less than 18.9 percent. (B) Certain payments to related parties To the extent provided by the Secretary in regulations, an amount paid to a foreign person which is a related party of the taxpayer shall be treated as paid to another foreign person which is a related party of the taxpayer if such second foreign person is subject to an effective rate of foreign income tax (as defined in section 904(d)(2)(F)) which is less than 18.9 percent, to the extent the amount so paid directly or indirectly funds a payment to such second foreign person. (C) Determination on basis of applicable financial statements Except as otherwise provided by the Secretary under subparagraph (D), the effective rate of foreign income tax with respect to any amount may be established on the basis of applicable financial statements (as defined in section 451(b)(3)). (D) Regulations The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this paragraph, including regulations or other guidance providing procedures for determining the effective rate of foreign income tax to which any amount is subject. Such procedures may require that any transaction or series of transactions among multiple parties be recharacterized as one or more transactions directly among any 2 or more of such parties where the Secretary determines that such recharacterization is appropriate to carry out, or prevent avoidance of, the purposes of this section. (3) Exception for certain amounts with respect to services Subsections (d)(1) and (d)(2) shall not apply to so much of any amount paid or accrued by a taxpayer for services as does not exceed the total services cost of such services. The preceding sentence shall not apply unless such services meet the requirements for eligibility for use of the services cost method under section 482 (determined without regard to the requirement that the services not contribute significantly to fundamental risks of business success or failure). . (2) Conforming amendment Section 59A(d) is amended by striking paragraph (5). (d) Other modifications (1) Section 59A(b)(3)(B)(ii) is amended by striking registered securities dealer and inserting securities dealer registered . (2) Section 59A(h)(2)(B) is amended by striking section 6038B(b)(2) and inserting section 6038A(b)(2) . (3) Section 59A(j)(2), as redesignated by subsection (b), is amended by striking subsection (g)(3) and inserting subsection (h)(3) . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 5. Rules for allocation of certain deductions to foreign source global intangible low-taxed income for purposes of foreign tax credit limitation (a) In general Section 904(b) is amended by adding at the end the following new paragraph: (5) Deductions treated as allocable to foreign source global intangible low-taxed income In the case of a domestic corporation and solely for purposes of the application of subsection (a) with respect to amounts described in subsection (d)(1)(A), the taxpayer’s taxable income from sources without the United States shall be determined— (A) by allocating and apportioning any deduction allowed under section 250(a)(2) (and any deduction allowed under section 164(a)(3) for taxes imposed on amounts described in section 250(a)(2)) to such income, and (B) by allocating and apportioning any other deduction to such income only if the Secretary determines that such deduction is directly allocable to such income. Any deduction which would (but for subparagraph (B)) have been allocated or apportioned to such income shall only be allocated or apportioned to income which is from sources within the United States. . (b) Application of separate limitation losses with respect to global intangible low-Taxed income (1) In general Section 904(f)(5)(B) is amended to read as follows: (B) Allocation of losses Except as otherwise provided in this subparagraph, the separate limitation losses for any taxable year (to the extent such losses do not exceed the separate limitation incomes for such year) shall be allocated among (and operate to reduce) such incomes on a proportionate basis. In the case of a separate limitation loss for any taxable year in any category other than subparagraph (d)(1)(A), the amount of such separate limitation loss shall be allocated among (and operate to reduce) separate limitation income in any category other than income described in subparagraph (d)(1)(A) on a proportionate basis (without regard to income described in subparagraph (d)(1)(A)). The remaining separate limitation losses may reduce separate limitation income described in subparagraph (d)(1)(A) only to the extent that the aggregate amount of such losses exceeds the aggregate amount of separate limitation incomes (other than income described in subparagraph (d)(1)(A)) for such taxable year. . (2) Income category Section 904(f)(5)(E)(i) is amended to read as follows: (i) Income category The term income category means each category of income with respect to which this section is required to be applied separately by reason of any provision of this title. . (3) Separate limitation loss Section 904(f)(5)(E)(iii) is amended to read as follows: (iii) Separate limitation loss The term separate limitation loss means, with respect to any income category, the amount by which the gross income from sources outside the United States is exceeded by the sum of the deductions properly allocated and apportioned thereto. . (c) Application of carryforward to taxes on global intangible low-Taxed income Section 904(c) is amended by striking the last sentence. (d) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2022. (2) Modification of foreign tax credit carryback and carryforward The amendment made by subsection (c) shall apply to taxes paid or accrued in taxable years beginning after December 31, 2022. 6. Restoration of limitation on downward attribution of stock ownership in applying constructive ownership rules (a) In general Section 958(b) is amended— (1) by inserting after paragraph (3) the following: (4) Subparagraphs (A), (B), and (C) of section 318(a)(3) shall not be applied so as to consider a United States person as owning stock which is owned by a person who is not a United States person. , and (2) by striking Paragraph (1) in the last sentence and inserting Paragraphs (1) and (4) . (b) Foreign controlled United States shareholders Subpart F of part III of subchapter N of chapter 1 is amended by inserting after section 951A the following new section: 951B. Amounts included in gross income of foreign controlled United States shareholders (a) In general In the case of any foreign controlled United States shareholder of a foreign controlled foreign corporation— (1) this subpart (other than sections 951A, 951(b), and 957) shall be applied with respect to such shareholder (separately from, and in addition to, the application of this subpart without regard to this section)— (A) by substituting foreign controlled United States shareholder for United States shareholder each place it appears therein, and (B) by substituting foreign controlled foreign corporation for controlled foreign corporation each place it appears therein, and (2) section 951A shall be applied with respect to such shareholder— (A) by treating each reference to United States shareholder in such section as including a reference to such shareholder, and (B) by treating each reference to controlled foreign corporation in such section as including a reference to such foreign controlled foreign corporation. (b) Foreign controlled United States shareholder For purposes of this section, the term foreign controlled United States shareholder means, with respect to any foreign corporation, any United States person which would be a United States shareholder with respect to such foreign corporation if— (1) section 951(b) were applied by substituting more than 50 percent for 10 percent or more , and (2) section 958(b) were applied without regard to paragraph (4) thereof. (c) Foreign controlled foreign corporation For purposes of this section, the term foreign controlled foreign corporation means a foreign corporation, other than a controlled foreign corporation, which would be a controlled foreign corporation if section 957(a) were applied— (1) by substituting foreign controlled United States shareholders for United States shareholders , and (2) by substituting section 958(b) (other than paragraph (4) thereof) for section 958(b) . (d) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance— (1) to treat a foreign controlled United States shareholder or a foreign controlled foreign corporation as a United States shareholder or as a controlled foreign corporation, respectively, for purposes of provisions of this title other than this subpart, and (2) to prevent the avoidance of the purposes of this section. . (c) Clerical amendment The table of sections for subpart F of part III of subchapter N of chapter 1 is amended by inserting after the item relating to section 951A the following new item: Sec. 951B. Amounts included in gross income of foreign controlled United States shareholders. . (d) Effective date The amendments made by this section shall apply to— (1) the last taxable year of foreign corporations beginning before January 1, 2023, and each subsequent taxable year of such foreign corporations, and (2) taxable years of United States persons in which or with which such taxable years of foreign corporations end. (e) No inference The amendments made by this section shall not be construed to create any inference with respect to the proper application of any provision of the Internal Revenue Code of 1986 with respect to taxable years beginning before the taxable years to which such amendments apply. 7. Carryover of net CFC tested loss (a) In general Section 951A(c) is amended by adding at the end the following new paragraph: (3) Carryover of net CFC tested loss (A) In general If the amount described in paragraph (1)(B) with respect to any United States shareholder for any taxable year of such United States shareholder (determined after the application of this paragraph with respect to amounts arising in preceding taxable years) exceeds the amount described in paragraph (1)(A) with respect to such shareholder of such taxable year, the amount otherwise described in paragraph (1)(B) with respect to such shareholder for the succeeding taxable year shall be increased by the amount of such excess. (B) Proper adjustment in allocations of global intangible low-taxed income to controlled foreign corporations Proper adjustments shall be made in the application of subsection (f)(2)(B) to take into account any decrease in global intangible low-taxed income by reason of the application of subparagraph (A). . (b) Application of rules with respect to ownership changes Section 382(d) is amended by adding at the end the following new paragraph: (4) Application to carryover of net CFC tested loss The term pre-change loss shall include any excess carried over under section 951A(c)(3) under rules similar to the rules of paragraph (1). . (c) Effective date The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2022, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end. 8. Redetermination of foreign taxes and related claims (a) In general Section 905(c) is amended— (1) in paragraph (1), by striking or at the end of subparagraph (B) and by inserting after subparagraph (C) the following new subparagraphs: (D) the taxpayer makes a timely change in its choice to claim a credit or deduction for taxes paid or accrued, or (E) there is any other change in the amount, or treatment, of taxes, which affects the taxpayer’s tax liability under this chapter, , (2) in paragraph (2)(B)(i), by inserting , except as otherwise provided by the Secretary, after shall , and (3) by striking accrued in the heading thereof. (b) Modification to time for claiming credit or deduction Section 901(a) is amended by striking the second sentence and inserting the following: Such choice for any taxable year may be made or changed at any time before the expiration of the applicable period prescribed by section 6511 for making a claim for credit or refund of an overpayment of the tax imposed by this chapter for such taxable year that is attributable to such amounts. . (c) Modification to special period of limitation Section 6511(d)(3) is amended— (1) in subparagraph (A)— (A) by inserting a change in the liability for before any taxes paid or accrued , (B) by striking actually paid and inserting paid (or deemed paid under section 960) , and (C) by inserting change in the liability for before foreign taxes in the heading thereof, and (2) in subparagraph (B), by striking the allowance of a credit for the taxes and inserting the allowance of an additional credit by reason of the change in liability for the taxes . (d) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after December 31, 2022. (2) Certain changes The amendments made by paragraphs (1) and (3) of subsection (a) shall apply to changes that occur on or after the date which is 60 days after the date of the enactment of this Act. (3) Modification to special period of limitation The amendments made by subsection (c) shall apply to taxes paid, accrued, or deemed paid in taxable years beginning after December 31, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s5349is/xml/BILLS-117s5349is.xml |
117-s-5350 | II 117th CONGRESS 2d Session S. 5350 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To enact a transit ban if the order issued under sections 362 and 365 of the Public Health Service Act (42 U.S.C. 265 and 268) is terminated.
1. Short title This Act may be cited as the Transit Ban Act of 2022 . 2. Eligibility for asylum (a) In general Notwithstanding sections 208, 235, and 240 of the Immigration and Nationality Act ( 8 U.S.C. 1158 , 1225, and 1229a), any alien who enters, attempts to enter, or arrives in the United States across the southern land border on or after December 21, 2022, after transiting through at least 1 country outside the alien’s country of citizenship, nationality, or last lawful habitual residence en route to the United States, shall be ineligible for asylum unless— (1) the alien demonstrates that he or she— (A) applied for protection from persecution or torture in at least 1 country outside of the alien’s country of citizenship, nationality, or last lawful habitual residence through which the alien transited en route to the United States; and (B) received a final judgment denying the alien protection in such country; (2) the alien demonstrates that he or she is a victim of a severe form of trafficking in persons (as defined in section 214.11 of title 8, Code of Federal Regulations); or (3) the only countries through which the alien transited en route to the United States were, at the time of such transit, not parties to— (A) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)); or (B) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (b) Non-Refoulement obligations If an asylum officer determines that an alien has entered, attempted to enter, or arrived in the United States along its southern land border on or after December 21, 2022, and does not meet the conditions set forth in paragraph (1), (2), or (3) of subsection (a), the asylum officer shall— (1) screen the alien to determine whether the alien has a reasonable fear of persecution under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and (2) if the asylum officer determines that such alien does not have a reasonable fear of persecution, enter a negative credible fear determination with respect to the alien’s application for asylum. | https://www.govinfo.gov/content/pkg/BILLS-117s5350is/xml/BILLS-117s5350is.xml |
117-s-5351 | II 117th CONGRESS 2d Session S. 5351 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Portman introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To clarify the applicability of civil rights law to algorithmic decisions, and for other purposes.
1. Short title This Act may be cited as the Stopping Unlawful Negative Machine Impacts through National Evaluation Act . 2. Definitions In this Act: (1) Artificial intelligence The term artificial intelligence has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 2358 note). (2) Artificial intelligence system The term artificial intelligence system means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, including a data system, software, application, tool, or utility— (A) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and (B) for which the artificial intelligence capability is integrated into another system or business process, operational activity, or technology system. (3) Covered civil rights law The term covered civil rights law means— (A) the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ), the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq. ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), title V of the Rehabilitation Act of 1973 ( 29 U.S.C. 791 et seq. ), section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ), title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq. ), subchapter II of chapter 43 of title 38, United States Code, title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), the Age Discrimination Act of 1975 ( 42 U.S.C. 6101 et seq. ), and any provision of Federal, State, or local law, including the Constitution of the United States, that prohibits discrimination in public or private employment (including contracting), or in the provision of a program or activity or accommodation, on the basis of a protected class; and (B) the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq. ), and any provision of Federal, State, or local law, including the Constitution of the United States, that prohibits discrimination concerning legal status or a legal right on the basis of a protected class. (4) Covered entity The term covered entity means any person (including a partnership, corporation, Federal, State, or local agency, or entity) that is subject to a covered civil rights law. (5) Director The term Director means the Director of the National Institute for Standards and Technology. 3. Applicability of civil rights laws to decisions made by or augmented by algorithms (a) Purpose The purpose of this section to remove any doubt about the liability described in subsection (b) of a covered entity described in subsection (b). (b) Liability A covered entity that uses artificial intelligence to make or inform a decision that has an impact on a person that is addressed by a covered civil rights law, including whether to provide a program or activity or accommodation to a person, shall be liable for a claim of discrimination under the corresponding covered civil rights law in the same manner and to the same extent (including being liable pursuant to that law’s standard of culpability) as if the covered entity had made such decision without the use of artificial intelligence. 4. Requirement for National Institute of Standards and Technology program of technology evaluations of bias and discrimination in artificial intelligence systems (a) Establishment of technology evaluation program Not later than 1 year after the date of the enactment of this Act, the Director shall establish a program for conducting technology evaluations to assess and assist in mitigating bias and discrimination in artificial intelligence systems of covered entities with respect to race, sex, age, disability, and other classes or characteristics protected by covered civil rights laws. In establishing such program, the Director shall ensure that such evaluations effectively approximate real-world applications of artificial intelligence systems. (b) Priority evaluation areas In carrying out the program required under subsection (a), the Director shall prioritize the conduct of technology evaluations to mitigate bias in— (1) the applications identified as high risk by previous technology evaluations and strategy documents; (2) speech recognition and synthesis; (3) recommendation systems, including for financial and criminal justice applications; (4) sensitive image recognition technology, including facial and gait recognition systems; and (5) any other artificial intelligence use case that poses a high risk for discrimination based on classes or characteristics protected by covered civil rights laws, such as image and video synthesis, text generation, and conversation and information systems. (c) Participation In designing technology evaluations under subsection (a), the Director shall ensure the participation of any industry and nongovernmental experts and entities in the fields of artificial intelligence, machine learning, computer science, social sciences, civil rights, and civil liberties seeking to participate in such evaluations. (d) Authorization of appropriations There is authorized to be appropriated to the Director such sums as may be necessary to carry out this section for each of the fiscal years 2023 through 2028. (e) Sunset The program required under subsection (a) shall terminate on December 31, 2028. | https://www.govinfo.gov/content/pkg/BILLS-117s5351is/xml/BILLS-117s5351is.xml |
117-s-5352 | II 117th CONGRESS 2d Session S. 5352 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Portman introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To require a report on the state of economic integration between the United States and the People's Republic of China.
1. Short title This Act may be cited as the Trade with China Strategic Assessment Act of 2022 . 2. Report on economic integration between the United States and the People's Republic of China (a) In general Not later than one year after the date of the enactment of this Act, and every 3 years thereafter for 15 years, the Secretary of Commerce, in coordination with the United States Trade Representative, shall submit to Congress a report on the state of economic integration between the United States and the People's Republic of China. (b) Contents Each report required by subsection (a) shall include the following: (1) An assessment of the current level of economic integration between the United States and the People's Republic of China in each priority sector. (2) An assessment of how economic integration between the United States and the People's Republic of China has changed, and is predicted to change, over time for each priority sector. (3) An analysis of the extent to which each priority sector of the United States and the People's Republic of China should, in the view of the Secretary, become more or less integrated during the 5-year period following submission of the report. (4) Any recommendations for changes to United States trade law or policy to achieve the desired level of integration for each priority sector identified under paragraph (3). (5) Any other information the Secretary considers appropriate. (c) Consultation and public hearings In producing each report required by subsection (a), the Secretary may— (1) consult with any other Federal agency that the Secretary considers necessary; and (2) conduct public hearings to gather, or otherwise allow interested parties an opportunity to present, information and advice relevant to the report. (d) Form of report Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (e) Applicability of FOIA Nothing in this section, or in a report required by subsection (a), shall be construed to allow the disclosure of information or a record that is exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (f) Applicability of Paperwork Reduction Act Subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to this section. (g) Priority sector defined In this section, the term priority sector means one of the following elements of an economy: (1) Electronic consumer goods. (2) Non-electronic consumer goods. (3) Energy. (4) Apparel and textiles. (5) Artificial intelligence. (6) Information and communication technology, including fifth or future generation technology. (7) Quantum computing. (8) Automobiles and trucks and parts for automobiles and trucks. (9) Ships and maritime transportation. (10) Trains and railroad products. (11) Aircraft and aircraft parts. (12) Space systems. (13) Semiconductors. (14) Financial services. (15) Non-financial services. (16) Agricultural products. (17) Pharmaceuticals and medical devices. | https://www.govinfo.gov/content/pkg/BILLS-117s5352is/xml/BILLS-117s5352is.xml |
117-s-5353 | II 117th CONGRESS 2d Session S. 5353 IN THE SENATE OF THE UNITED STATES December 21, 2022 Mr. Leahy introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the admission and protection of refugees, asylum seekers, and other vulnerable individuals, to provide for the processing of refugees and asylum seekers in the Western Hemisphere, and to modify certain special immigrant visa programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Refugee Protection Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; sense of Congress. Sec. 3. Definitions. TITLE I—Admission and protection of refugees, asylum seekers, and other vulnerable individuals Subtitle A—Refugees and asylum seekers Sec. 1101. Modification of definition of refugee. Sec. 1102. Multiple forms of relief available to refugees and asylum seekers. Sec. 1103. Elimination of time limits on asylum applications. Sec. 1104. Safe third country exception. Sec. 1105. Consideration of asylum claims. Sec. 1106. Transparency in refugee determinations. Sec. 1107. Authority to designate certain groups of refugees from countries of particular concern and admission of refugees in emergency situations. Sec. 1108. Employment authorization for asylum seekers and other individuals. Sec. 1109. Admission of refugees and asylees as lawful permanent residents. Sec. 1110. Complementary protection. Sec. 1111. Internal relocation. Sec. 1112. Firm resettlement. Subtitle B—Protections for children and families Sec. 1201. Keeping families together. Sec. 1202. Protections for minors seeking asylum. Sec. 1203. Fair day in court for kids. Subtitle C—Protections for other vulnerable individuals Chapter 1—Stateless protection Sec. 1311. Protection of stateless persons in the United States. Sec. 1312. Prevention of statelessness. Chapter 2—Other individuals Sec. 1321. Protecting victims of terrorism from being defined as terrorists. Sec. 1322. Protection for aliens interdicted at sea. Sec. 1323. Enhanced protection for individuals seeking U visas, T visas, and protection under VAWA. Subtitle D—Protections relating to removal, detention, and prosecution Sec. 1401. Prevention of erroneous in absentia orders of removal. Sec. 1402. Scope and standard for review of removal orders. Sec. 1403. Presumption of liberty for asylum seekers. Sec. 1404. Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority. Sec. 1405. Inspections by immigration officers. Sec. 1406. Study on effect on asylum claims of expedited removal provisions, practices, and procedures. Sec. 1407. Alignment with Refugee Convention obligations by prohibiting criminal prosecution of refugees. Subtitle E—Refugee resettlement Sec. 1501. Sense of Congress on coordination of refugee program agencies. Chapter 1—Refugee Admissions Sec. 1511. Numerical goals for annual refugee admissions. Sec. 1512. Reform of refugee admissions consultation process. Sec. 1513. United States emergency refugee resettlement contingency fund. Sec. 1514. Complementary pathways. Chapter 2—Resettlement program and support Sec. 1521. Elevation of Office of Refugee Resettlement. Sec. 1522. Refugee resettlement; radius requirements. Sec. 1523. Study and report on contributions by refugees to the United States. Sec. 1524. Update of reception and placement grants. Sec. 1525. Subsidy reception and placement grant to support unanticipated economic and public health needs. Sec. 1526. Resettlement data. Sec. 1527. Refugee assistance. Sec. 1528. Stabilizing resettlement site capacity for volunteer coordination, housing coordination, and AOR processing. Sec. 1529. Community partnerships, civic engagement, and refugee leadership development. Chapter 3—Access to services and benefits Sec. 1531. Extension of eligibility period for Social Security benefits for certain refugees. Sec. 1532. In-State tuition rates for refugees, asylees, and certain special immigrants. Chapter 4—Training, orientation, and inclusion Sec. 1541. Pre-departure training for approved refugee applicants. Sec. 1542. Domestic refugee resettlement programs on digital and financial literacy; housing and transportation access. Sec. 1543. Study and report on digital literacy, equity, and inclusion among refugees in the United States. Chapter 5—Domestic Refugee Resettlement Reform and Modernization Act Sec. 1551. Short title. Sec. 1552. Definitions. Sec. 1553. Assessment of refugee domestic resettlement programs. Sec. 1554. Guidance regarding refugee placement decisions. Chapter 6—Overseas processing and preparation Sec. 1561. Refugee biometric data and reporting. Sec. 1562. Prioritization of family reunification in refugee resettlement process. Sec. 1563. Priority 3 family reunification cases. Sec. 1564. Creating a Roving Resettlement Support Center. Subtitle F—Authorization of appropriations Sec. 1601. Authorization of appropriations. TITLE II—Refugee and asylum seeker processing in Western Hemisphere Sec. 2101. Expansion of refugee and asylum seeker processing. Sec. 2102. Strengthening regional humanitarian responses. Sec. 2103. Information campaign on dangers of irregular migration. Sec. 2104. Reporting requirement. Sec. 2105. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. Sec. 2106. Central American refugee program. Sec. 2107. Central American Minors Program. Sec. 2108. Central American Family Reunification Parole Program. Sec. 2109. Informational campaign; case status hotline. TITLE III—Special immigrant visa programs Sec. 3101. Special immigrant visa program reporting requirement. Sec. 3102. Inclusion of certain special immigrants in the annual refugee survey. TITLE IV—Nondiscrimination Sec. 4101. Expansion of nondiscrimination provision. Sec. 4102. Transfer and limitations on authority to suspend or restrict the entry of a class of aliens. Sec. 4103. Visa applicants report. TITLE V—General provisions Sec. 5101. Authorization of appropriations. Sec. 5102. Determination of budgetary effects. 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) In 2022, the world is in the midst of the worst global displacement crisis in history, with more than 103,000,000 forcibly displaced persons, including more than 32,500,000 refugees worldwide, nearly half of whom are children, according to estimates from the United Nations High Commissioner for Refugees. (2) In 2023, the United Nations High Commissioner for Refugees estimates that global resettlement needs will significantly increase to 2,003,982 individuals, as compared to 2022— (A) in which 1,473,156 individuals were estimated to be in need of third-country resettlement; and (B) during the first 6 months of which 42,300 individuals were resettled worldwide. (3) The United States refugee admissions program is a life-saving solution that— (A) is critical to global humanitarian efforts; (B) strengthens global security; (C) leverages United States foreign policy interests, including diplomatic and strategic interests of supporting allies who often host a significant and disproportionate share of refugees per capita; and (D) stabilizes sensitive regions impacted by forced migration by ensuring that the United States shares responsibility for global refugee protection; (E) leverages refugee resettlement in the United States to encourage other countries to uphold the human rights of refugees, including by ensuring that refugees— (i) have the right to work, the right to an education, and freedom of movement; and (ii) are not returned to a place in which their life or freedom is at risk; (F) serves individuals and families in need of resettlement; (G) provides economic and cultural benefits to cities, States, and the United States as a whole; and (H) aligns with the international obligations of the United States, including under— (i) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)), of which the United States is a party; (ii) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, of which the United States is a party; (iii) the Convention relating to the Status of Stateless Persons, done at New York September 28, 1954; and (iv) the Convention on the Reduction of Statelessness, done at New York August 30, 1961. (4) The United States has historically been, and should continue to be, a global leader in— (A) responding to displacement crises around the world, including through the provision of robust humanitarian support; (B) promoting the safety, health, and well-being of refugees and displaced persons; (C) welcoming asylum seekers who seek safety and protecting other at-risk migrants, including survivors of torture, victims of trafficking, climate displaced persons, and stateless people; and (D) working alongside other countries to strengthen protection systems and support. (5) The United States has steadily reduced access to asylum protection through administrative policy and programmatic changes, including policies and operational decisions aimed at reducing or stopping the ability of asylum seekers to access the United States border. (6) Refugees are— (A) the most vetted travelers to enter the United States; and (B) subject to extensive screening checks, including in-person interviews, biometric data checks, and multiple interagency checks. (7) For the sake of refugees, asylum seekers, other migrants, United States national diplomatic and strategic interests, and local communities that benefit from the presence of refugees, asylees, and other migrants, it is crucial for the United States to better protect refugees and asylum seekers through reforms, including— (A) asylum reforms that ensure access to territory and due process; (B) reforms to border migration enforcement, management, and adjudication systems that integrate stronger protection of, and ensure due process for, asylum seekers, children, victims of trafficking, climate displaced persons, stateless people, and other migrants, including— (i) community-based alternatives to detention for asylum seekers and other vulnerable migrants; (ii) improved detention conditions and reduced reliance on immigrant detention; (iii) monitoring to ensure fairness in the arrest and adjudication process; (iv) increased access to legal information and representation; and (v) a stronger commitment to child welfare in staffing and processes; and (C) refugee reforms that— (i) ensure that the United States meets the annual refugee admissions goal; (ii) prevent refugee policy that discriminates based on race or religion; (iii) improve opportunities for refugees to achieve family unity; and (iv) update and strengthen support for refugees and the communities that welcome refugees. (8) The people of the United States, and communities across the United States, overwhelmingly support refugees and asylum seekers, including people of faith, members of the Armed Forces, veterans, elected officials, and retired high-ranking officials. (b) Sense of Congress It is the sense of Congress that— (1) the global refugee crisis is dire and requires international and regional cooperation and action; and (2) the United States should— (A) assert strong leadership in multilateral fora, such as the United Nations, by collaborating and cooperating with other countries and international and regional organizations to develop a comprehensive and coordinated response to the global refugee crisis; and (B) exercise leadership in efforts to address the global refugee crisis, including through participation in the Global Refugee Forum. 3. Definitions In this Act: (1) Asylum seeker (A) In general The term asylum seeker means— (i) any applicant for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ); (ii) any alien who indicates— (I) an intention to apply for asylum under that section; or (II) a fear of persecution; or (III) a fear of return because of a threat to life or physical or mental integrity; and (iii) any alien who indicates— (I) an intention to apply for withholding of removal pursuant to— (aa) section 241 of the Immigration and Nationality Act ( 8 U.S.C. 1231 ); or (bb) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; or (II) a fear that the alien’s life or freedom would be threatened. (B) Inclusion The term asylum seeker includes any individual described in subparagraph (A) whose application for asylum or withholding of removal is pending judicial review. (C) Exclusion The term asylum seeker does not include an individual with respect to whom a final order denying asylum and withholding of removal has been entered if such order is not pending judicial review. (2) Best interest determination The term best interest determination means a formal process with procedural safeguards designed to give primary consideration to a child’s best interests in decision making. (3) Department The term Department means the Department of Homeland Security. (4) Internally displaced persons The term internally displaced persons means persons or a group of persons who have been forced to leave their homes or places of habitual residence, in particular due to armed conflict, generalized violence, violations of human rights, or natural or human-made disasters, and who have not crossed an internationally recognized state border. (5) International protection The term international protection means asylum status, refugee status, protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, and other regional protection status available in the Western Hemisphere. (6) Secretary The term Secretary means the Secretary of Homeland Security. I Admission and protection of refugees, asylum seekers, and other vulnerable individuals A Refugees and asylum seekers 1101. Modification of definition of refugee (a) In general Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended to read as follows: (42) (A) The term refugee means any person who— (i) (I) is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided; and (II) is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution, or a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion; or (ii) in such circumstances as the President may specify, after appropriate consultation (as defined in section 207(e))— (I) is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing; and (II) is persecuted, or who has a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion. (B) The term refugee does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. A person who establishes that his or her actions were committed under duress or while the person was younger than 18 years of age shall not be considered to have ordered, incited, assisted, or otherwise participated in persecution under this subparagraph. (C) The term political opinion refers to any expression of support for or dissent from, or imputed support for or dissent from, a practice, policy, or ideology of a government entity or of a nonstate group or actor. (D) For purposes of determinations under this Act— (i) a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion; (ii) a person who has a well-founded fear that he or she will be forced to undergo such a procedure or be subject to persecution for such failure, refusal, or resistance shall be deemed to have a well-founded fear of persecution on account of political opinion; (iii) the term particular social group means, without any additional requirement not listed below, any group whose members— (I) share— (aa) a characteristic that is immutable or fundamental to identity, conscience, or the exercise of human rights; or (bb) a past experience or voluntary association that, due to its historical nature, cannot be changed; or (II) are perceived as a group by society; and (iv) a particular social group can be cognizable regardless of the number of members who belong to the group. (E) (i) The burden of proof shall be on the applicant to establish that the applicant is a refugee. (ii) To establish that the applicant is a refugee, persecution— (I) shall be on account of race, religion, nationality, membership in a particular social group, or political opinion; and (II) may be established by demonstrating that— (aa) a protected ground is at least one reason for the applicant’s persecution or fear of persecution; (bb) the persecution or feared persecution would not have occurred or would not occur in the future but for a protected ground; or (cc) the persecution or feared persecution had or will have the effect of harming the person because of a protected ground. (F) Where past or feared persecution by a nonstate actor is unrelated to a protected asylum ground, the causal nexus link is established if the state’s failure to protect the asylum applicant from the nonstate actor is on account of a protected asylum ground. . (b) Conforming amendment Section 208(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1) ) is amended by striking section 101(a)(42)(A) each place such term appears and inserting section 101(a)(42)(A)(i) . 1102. Multiple forms of relief available to refugees and asylum seekers (a) In general An applicant for admission as a refugee may simultaneously pursue admission under any visa category for which the applicant may be eligible. (b) Asylum applicants eligible for diversity visas Section 204(a)(1)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1154(a)(1)(I) ) is amended by adding at the end the following: (iii) (I) An asylum seeker in the United States who is notified that he or she is eligible for an immigrant visa pursuant to section 203(c) may file a petition with the district director that has jurisdiction over the district in which the asylum seeker resides (or, in the case of an asylum seeker who is or was in removal proceedings, the immigration court in which the removal proceeding is pending or was adjudicated) to adjust status to that of an alien lawfully admitted for permanent residence. (II) A petition under subclause (I) shall— (aa) be filed not later than 30 days before the end of the fiscal year for which the petitioner receives notice of eligibility for the visa; and (bb) contain such information and be supported by such documentary evidence as the Secretary of State may require. (III) The district director or immigration court shall attempt to adjudicate each petition under this clause before the last day of the fiscal year for which the petitioner was selected. Notwithstanding clause (ii)(II), if the district director or immigration court is unable to complete such adjudication during such fiscal year, the adjudication and adjustment of status of the petitioner may take place after the end of such fiscal year. . 1103. Elimination of time limits on asylum applications Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— (1) in subparagraph (A), by inserting or the Secretary of Homeland Security after Attorney General each place such term appears; (2) by striking subparagraphs (B) and (D); (3) by redesignating subparagraph (C) as subparagraph (B); (4) in subparagraph (B), as redesignated, by striking subparagraph (D) and inserting subparagraphs (C) and (D) ; (5) by inserting after subparagraph (B), as redesignated, the following: (C) Changed circumstances Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General or the Secretary of Homeland Security, the existence of changed circumstances that materially affect the applicant’s eligibility for asylum. (D) Motion to reopen certain meritorious claims (i) In general Not later than 1 year after the date of the enactment of this subparagraph, the Secretary of Homeland Security shall provide to each individual described in clause (ii), in the best language of such individual— (I) notice of their eligibility for asylum; and (II) guidance with respect to filing a motion to reopen their immigration case in order to be granted asylum. (ii) Individual described An individual described in this clause is an individual who— (I) was denied asylum based solely on a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed; (II) was granted withholding of removal to the alien’s country of nationality (or, in the case of a person having no nationality, to the country of last habitual residence) under section 241(b)(3); (III) has not obtained lawful permanent residence in the United States pursuant to any other provision of law; and (IV) (aa) is not subject to the safe third country exception under subparagraph (A) or to a bar to asylum under subsection (b)(2); and (bb) was not denied asylum as a matter of discretion. (iii) Date of grant (I) Adjustment of status For purposes of applications for adjustment of status submitted by an individual described in clause (ii) who was granted after the date of the enactment of this subparagraph, an individual granted asylum under this subsection shall be considered to have been so granted on the date on which the individual was granted withholding of removal under section 241(b)(3). (II) Petitions for relatives An individual granted asylum under this subsection may, during the 2-year period beginning on the date on which the individual is granted asylum under this subsection, submit a petition for the admission of a spouse or child who is accompanying or following to join. ; and (6) by adding at the end the following: (F) Other motions to reopen Notwithstanding section 240(c)(7), an individual who was denied asylum may file a motion to reopen an asylum claim during the 2-year period beginning on the date of the enactment of this subparagraph if the individual was denied asylum based solely on the implementation of— (i) the policy memorandum of the U.S. Citizenship and Immigration Services entitled Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A–B– (PM–602–0162), dated July 11, 2018; (ii) the memorandum of the Office of the Principal Legal Advisor of U.S. Immigration and Customs Enforcement entitled Litigating Domestic Violence-Based Persecution Claims Following Matter of A–B– , dated July 11, 2018; (iii) the interim final rule of the Department of Homeland Security and the Department of Justice entitled Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims (83 Fed. Reg. 55934 (November 9, 2019)); (iv) Presidential Proclamation 9822, issued on November 9, 2018 (83 Fed. Reg. 57661); (v) the migrant protection protocols announced by the Secretary of Homeland Security on December 20, 2018 (or any successor protocols); (vi) the policy memorandum of the U.S. Citizenship and Immigration Services entitled Guidance for Implementing Section 235(b)(2)(C) of the Immigration and Nationality Act and the Migrant Protection Protocols (PM–602–0169), dated January 28, 2019; or (vii) any other policy memorandum of the Department of Homeland Security to implement the protocols described in subclause (V). . 1104. Safe third country exception Subsection 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(A) ), as amended by section 1103, is further amended— (1) in subparagraph (A), by striking or equivalent and all that follows through the period at the end and inserting with effective protection, including access to a durable solution, for individuals who are refugees, or equivalent temporary protection. ; and (2) by adding at the end the following: (G) Limitation on bilateral and multilateral agreements No bilateral or multilateral agreement proposed under this section shall take effect until the agreement is approved as a treaty by the Senate or approved as an executive agreement by the Senate, the House of Representatives, and the President of the United States. . 1105. Consideration of asylum claims (a) Conditions for granting asylum (1) In general Section 208(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(1)(B) ) is amended— (A) in clause (ii), by striking the last sentence and inserting the following: If the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence. The trier of fact may not require such evidence if the applicant does not have the evidence and demonstrates that he or she cannot reasonably obtain the evidence. Evidence shall not be considered reasonably obtainable if procurement of such evidence would reasonably endanger the life or safety of any person. ; (B) by striking clause (iii); and (C) by inserting after clause (ii) the following: (iii) Supporting evidence accepted (I) Direct and circumstantial evidence Direct or circumstantial evidence, including evidence that the government of the applicable country is unable or unwilling to protect individuals of the applicant’s race, religion, nationality, particular social group, or political opinion, or that the legal or social norms of the country tolerate persecution against individuals of the applicant’s race, religion, nationality, particular social group, or political opinion, may establish that persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion. (II) Expert witness testimony (aa) In general Except as provided in item (bb), an asylum officer or immigration judge, as applicable, shall— (AA) accept expert witness testimony with respect to the human rights conditions in a country and evidence relating to the physical and mental condition or history of an applicant for asylum; and (BB) give substantial weight to such testimony and evidence. (bb) Exception An asylum officer or an immigration judge, as applicable, may reject expert witness testimony only if the asylum officer or immigration judge makes a finding on the record, supported by specific reasons, that— (AA) the witness is not qualified to provide an opinion regarding the conditions in the country concerned; or (BB) the testimony of the witness is rebutted by contrary evidence. (iv) Credibility determination (I) In general Subject to subclause (II), a trier of fact may conduct a credibility assessment in the context of evaluating an applicant’s claim for asylum. (II) Procedural and substantive requirements (aa) Objectivity Decisions regarding credibility shall be made objectively, impartially, and individually. (bb) Material facts A credibility assessment under this clause may only be conducted on the material facts of the applicant’s claim. The perception of the trier of fact with respect to the applicant’s general truthfulness or trustworthiness shall not be relevant to assessing credibility of material facts. (cc) Detail and specificity In assessing credibility, a trier of fact may consider the detail and specificity of information provided by the applicant, the internal consistency of the applicant’s statements, and the consistency of the applicant’s statements with available external information. In considering such information and statements, the trier of fact shall consider the applicant’s contextual circumstances, including— (AA) exposure to trauma; (BB) age; (CC) gender, sexual orientation, or gender identity; (DD) educational background; (EE) physical or mental health issues; (FF) shame, stigma, or denial; (GG) communication difficulties; (HH) intercultural barriers; and (II) the circumstances under which such statements were made. (dd) Duty to assist A trier of fact shall have an affirmative duty to assist the applicant in providing credible testimony. (ee) Consistency with scientific literature A credibility assessment conducted under this clause, and any credibility finding made, shall be consistent with current scientific literature relating to behavioral indicators of truth-telling, the nature of traumatic memories, and the ability of trauma survivors to recall aspects of, and surrounding, a traumatic event. (ff) Timing A credibility assessment under this clause may not be made until after— (AA) an interview of the applicant; and (BB) all relevant evidence has been collected and considered. (gg) Opportunity to respond If a trier of fact doubts the credibility of the applicant, the trier of fact shall specify any such doubt to the applicant and provide the applicant a meaningful opportunity to respond. (hh) Clear findings The result of a credibility assessment under this clause shall include clear findings based on and supported by evidence, after consideration of all of the relevant evidence consistent with items (cc) and (dd), that describes the material facts that are accepted as credible and the material facts that are rejected as not credible, and the reason for such acceptance or rejection. (ii) Rebuttable presumption If an adverse credibility determination is not explicitly made, the applicant shall have a rebuttable presumption of credibility on appeal. (jj) Oral testimony An applicant for asylum who is in removal proceedings shall have the right to testify orally before an immigration judge. . (2) Conforming amendment Section 241(b)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3)(C) ) is amended by striking and (iii) and inserting through (iv) . (b) Clarification on asylum eligibility Section 208(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) ) is amended by striking subparagraph (C) and inserting the following: (C) Clarification on asylum eligibility Notwithstanding any other provision of law, the eligibility of an alien for asylum shall be governed solely by this section. . (c) Third country transit Section 208(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) ) is amended by adding at the end the following: (E) Third country transit (i) In general An applicant's entry to, attempt to enter, or arrival or stay in a third country shall not be— (I) considered to amount to the applicant being firmly resettled; (II) grounds or a basis for a denial of an asylum application or the issuance of a negative credible fear determination; or (III) a factor for otherwise rendering the applicant ineligible for asylum. (ii) Applicability Clause (i) shall apply regardless of whether the applicant— (I) applied for asylum or was denied or granted asylum in the third country concerned; (II) is a victim of 1 or more severe forms of trafficking in persons (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )); or (III) the third country concerned is a party to the Convention Relating to the Status of Refugees, done at Geneva July 28, 2951, (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)), or other similar treaty or protocol. . (d) Initial jurisdiction over asylum applications Section 208(b) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b) ) is amended— (1) in paragraph (3), by striking subparagraph (C); and (2) by adding at the end the following: (4) Initial jurisdiction (A) In general An asylum officer (as defined in section 235(b)(1)(E)) shall have initial jurisdiction over any asylum application regardless of whether filed in accordance with this section or section 235(b) or section 240. (B) Final order of removal entered In the case of an alien with respect to whom a final order of removal was previously entered, an asylum officer shall have initial jurisdiction over any application for withholding of removal under section 241(b)(3) or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, regardless of whether such an application is filed in accordance with this section or section 235(b) or section 240. . (e) Limitation on imposition of fees Section 208(d)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(3) ) is amended to read as follows: (3) Limitation on imposition of fees (A) Sense of Congress It is the sense of Congress that the Secretary of Homeland Security should not impose fees for the consideration of an application for asylum, employment authorization under this section, adjustment of status under section 209, the collection of biometrics in conjunction with applications under this section, petitions for family reunification, or the issuance of refugee travel documents. (B) Limitation (i) In general If the Secretary of Homeland imposes a fee for the consideration of an application for asylum, employment authorization under this section, adjustment of status under section 209, the collection of biometrics in conjunction with applications under this section or section 209, petitions for family reunification, or the issuance of refugee travel documents— (I) such fee shall not exceed the Secretary of Homeland Security's costs in adjudicating such applications, processing such biometrics, or issuing such document, as applicable; (II) the applicant shall be eligible for a fee waiver; and (III) the applicant shall be permitted to pay such fee over a period of time or in installments. (C) Rule of construction Nothing in this paragraph may be construed to require the Secretary of Homeland Security to charge fees for adjudication services provided to asylum applicants. . (f) Consideration of asylum applications Section 208(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(5) ) is amended— (1) by striking subparagraph (B); and (2) in subparagraph (A)— (A) by striking (A) Procedures .— ; and (B) by redesignating clauses (i) through (v) as subparagraphs (A) through (E), respectively, and moving such subparagraphs 2 ems to the left. (g) Confidentiality of asylum applications Section 208(d) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d) ) is amended by adding at the end the following: (8) Confidentiality of asylum applications and proceedings An employee of the United States may not disclose to any individual other than an immigration or law enforcement official of the United States information in an asylum application or from an asylum proceeding without the consent of the applicant. . (h) Transparency of statistical information Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended by adding at the end the following: (f) Transparency of statistical information (1) Department of Homeland Security (A) Credible fear and reasonable fear adjudications database The Secretary of Homeland Security shall develop, maintain, and make available to the public a database reflecting adjudications of credible fear or reasonable fear under section 235 that includes, for each such adjudication that occurs not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the asylum applicant. (ii) The month and year in which the applicant was apprehended. (iii) The month and year in which the applicant was interviewed under section 235. (iv) (I) Whether the applicant was in the custody of the Secretary of Homeland Security on the date of such interview. (II) In the case of an applicant who was in the custody of the Secretary of Homeland Security on such date— (aa) the component of the Department of Homeland Security responsible for the applicant's detention; and (bb) the name of the facility in which the applicant was held. (v) The age of the applicant on the date of such interview. (vi) The nationality of the applicant. (vii) The gender of the applicant. (viii) (I) Whether the applicant entered at a port of entry. (II) In the case of an applicant who entered at a port of entry, the name of the port of entry. (ix) (I) Whether the applicant included one or more derivative beneficiaries in their asylum application. (II) In the case of an applicant who included one or more derivative beneficiaries in their asylum application, the age and relationship to the applicant of each such beneficiary. (x) An anonymized code number for the officer conducting the interview and, if the officer’s decision was reviewed by a supervisor, an anonymized code number for the supervisor. (xi) (I) Whether such interview was conducted in person, by telephone, or by videoconference. (II) In the case of an interview conducted in person, the location of the interview. (xii) Whether such interview was conducted with the assistance of an interpreter. (xiii) The regional asylum office to which the officer conducting such interview was assigned. (xiv) Whether the asylum application was based on— (I) past persecution; (II) a well-founded fear of persecution; or (III) past persecution and a well-founded fear of persecution. (xv) Whether— (I) the alleged persecutor was the government of a country or a private entity; or (II) in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity. (xvi) Whether the applicant was assisted by an attorney or other legal service provider during the interview. (xvii) Whether the adjudicator determined that the applicant was credible. (xviii) Whether the adjudicator found that the applicant— (I) established— (aa) a credible fear; (bb) a reasonable fear; or (cc) a likelihood of torture; or (II) did not establish any such fear or likelihood. (xix) In the case of an applicant who was determined not to have established a credible fear or a reasonable fear, whether the applicant appealed such determination to an immigration judge. (xx) Any other data that the Secretary of Homeland Security considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. (B) Merits adjudications database The Secretary of Homeland Security shall develop, maintain, and make available to the public a database reflecting asylum adjudications on the merits, that includes, for each such adjudication that occurs not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the asylum applicant, which shall be the same code number or sequence assigned to the applicant if such a number or sequence was assigned during an earlier stage of proceedings under section 235. (ii) The date on which the applicant's asylum application was filed or considered to have been filed. (iii) The age of the applicant on the date on which such application was filed. (iv) The date on which the applicant entered the United States or, in the case of an applicant for whom the date of entry is unknown, an indication that such date is unknown. (v) (I) Whether the applicant included in their asylum application 1 or more derivative beneficiaries who are in the United States. (II) In the case of an applicant who included such a derivative beneficiary in their asylum application, the age and relationship to the applicant of each such beneficiary. (vi) The nationality of the applicant. (vii) The gender of the applicant. (viii) Whether the asylum application was based on— (I) past persecution; (II) a well-founded fear of persecution; or (III) past persecution and a well-founded fear of persecution. (ix) Whether— (I) the alleged persecutor was the government of a country or a private entity; or (II) in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity. (x) Whether the applicant’s application for asylum included a claim of persecution on account of gender. (xi) Whether the applicant was processed under this section or section 235. (xii) Whether the applicant had entered the United States— (I) pursuant to a visa; (II) through the visa waiver program; or (III) without inspection. (xiii) Whether the applicant— (I) was assisted in the completion of their asylum application by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (xiv) Whether the applicant— (I) was represent during their asylum interview by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (xv) Whether the asylum interview was conducted with the assistance of an interpreter. (xvi) An anonymized code number or sequence of characters for the asylum officer who adjudicated the case. (xvii) An anonymized code number or sequence of characters for any officer who reviewed the asylum officer’s decision. (xviii) The regional office or sub-office to which the asylum officer was assigned. (xix) The date of the adjudication. (xx) Whether the applicant was— (I) granted asylum; (II) denied asylum; (III) referred to immigration court for further consideration; or (IV) considered by the immigration court under some other procedure. (xxi) Any other data that the Secretary of Homeland Security considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. (2) Department of Justice (A) Database on appeals of credible fear and reasonable fear determinations The Attorney General shall develop, maintain, and make available to the public a database reflecting appeals from credible fear determinations and reasonable fear determinations that include, for each such appeal that occurs not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the asylum applicant, which shall be the same anonymized code number or sequence of numbers assigned to the applicant by the Department of Homeland Security. (ii) The name of the immigration judge who adjudicated the appeal. (iii) The location of the immigration judge on the date on which a decision on the appeal was made. (iv) Whether the appeal was conducted in person, by telephone, or by videoconference. (v) Whether the applicant— (I) was represented in the appeal by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (vi) Whether the appeal was conducted with the assistance of an interpreter. (vii) The outcome of the appeal. (viii) Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. (B) Merits decisions database The Attorney General shall develop, maintain, and make available to the public a database reflecting decisions by immigration judges on the merits of asylum claims (including applications for withholding of removal under section 241(b)(3) and protection under the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment, done at New York December 10, 1984) that includes, for each such claim filed with the Attorney General not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the respondent, which shall be the same as any anonymized code number or sequence of number assigned by the Department of Homeland Security at a previous stage of adjudication of the claim. (ii) The date on which the respondent entered the United States or, in the case of a respondent for whom the date of entry is unknown, an indication that such date is unknown. (iii) The age of the respondent on the date on which the respondent entered the United States. (iv) The initial date on which the respondent submitted the asylum application to the Secretary of Homeland Security. (v) In the case of a respondent who submitted an asylum application to the Secretary of Homeland Security, the date on which an asylum officer issued a decision on such application. (vi) The age of the respondent on the date on which the immigration judge rendered a decision on the merits of the claim. (vii) The gender of the respondent. (viii) Whether the respondent entered the United States at a port of entry. (ix) (I) Whether the respondent included in their asylum application 1 or more derivative beneficiaries who are in the United States. (II) In the case of a respondent who included such a derivative beneficiary in their asylum application, the age and relationship to the respondent of each such beneficiary. (x) The nationality of the respondent. (xi) The name and location of the immigration judge who adjudicated the claim. (xii) Whether the merits hearing was conducted in person, by telephone, or by videoconference. (xiii) (I) Whether the respondent was detained on the date on which the merits hearing occurred. (II) In the case of a respondent who was detained, the name of the detention facility. (xiv) Whether the merits hearing was conducted with the assistance of an interpreter. (xv) Whether the respondent— (I) was represented in the merits hearing by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (xvi) In the case of an application for asylum or withholding of removal under section 241(b)(3), whether the application was based on— (I) past persecution; (II) a well-founded fear of persecution; or (III) past persecution and a well-founded fear of persecution. (xvii) Whether— (I) the alleged persecutor was the government of a country or a private entity; or (II) in the case of 1 or more alleged persecutors, the persecutors included both a government of a country and a private entity. (xviii) Whether the respondent’s application for asylum included a claim of persecution on account of gender. (xix) The outcome of the case, including— (I) whether the case the was terminated without a decision; (II) whether the respondent was granted asylum, withholding of removal under section 241(b)(3), protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, voluntary departure, or other relief; and (III) whether the respondent was ordered removed from the United States. (xx) Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. (C) Board of Immigration Appeals database The Attorney General shall develop, maintain, and make available to the public a database reflecting decisions by the Board of Immigration Appeals on appeals of immigration judge denials of asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, that includes, for each such appeal filed with the Board of Immigration Appeals not later than 90 days after the date of the enactment of this subsection, the following: (i) An anonymized code number or sequence of characters for the appellant, which shall be the same anonymized code number or sequence of numbers that was assigned at a previous stage of the proceedings by the Secretary of Homeland Security or the Attorney General. (ii) The date on which the appeal was filed with the Board of Immigration Appeals. (iii) The date on which the Board of Immigration Appeals issued a decision on the appeal. (iv) The names of the members of the Board of Immigration Appeals who participated in the decision. (v) Whether any member of the Board of Immigration Appeals dissented from a decision of a panel or of the entire Board of Immigration Appeals, and the name of each such member. (vi) Whether the appellant— (I) was represented in the appeal by— (aa) an attorney; (bb) an accredited representative; (cc) a law student; or (dd) an individual other than an individual described in items (aa) through (cc); or (II) was not represented. (vii) The outcome of the appeal. (viii) Any other data that the Attorney General considers helpful to the government or the public in understanding or analyzing the operation of asylum adjudication. . (i) Further consideration of application for asylum Section 235(b)(1)(B)(ii) of the Immigration and Nationalities Act (8 U.S.C. 1225 (b)(1)(B)(ii)) is amended by inserting , which shall include a hearing under section 240 on the alien’s claim for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, unless the Secretary of Homeland Security has granted the alien’s claim before the period at the end. (j) Modification of definition of asylum officer Section 235(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(E) ) is amended to read as follows: (E) Asylum officer defined (i) In general In this paragraph, the term asylum officer means an immigration officer who— (I) has had professional training in country conditions, asylum law, and nonadversarial interviewing techniques necessary for adjudication of applications under section 208; (II) adjudicates applications under that section on a full-time basis; and (III) is supervised by an officer who— (aa) meets the condition described in subclause (I); and (bb) has had substantial experience adjudicating asylum applications. (ii) Exceptional circumstances (I) In general The Secretary of Homeland Security may, only in exceptional circumstances and to protect national security, designate one or more individuals who do not meet the condition described in clause (i)(III) to act as temporary asylum officers. (II) Limitation An individual designated as a temporary asylum officer under subclause (I) may not hold or have held in the preceding 3 years a position the central function of which is immigration enforcement, including Border Patrol agents, Customs and Border Protection officers, and Immigration and Customs Enforcement officers. (III) Annual report During any period in which the Secretary of Homeland Security designates one or more temporary asylum officers, not later than 30 days after such designation, the Secretary of Homeland Security shall submit to Congress a report that includes— (aa) a justification for the designation; (bb) the number of officers designated; (cc) the duration of service of such officers; (dd) the number of interviews conducted by such officers; (ee) with respect to applications for asylum, withholding of removal under section 241(b)(3), and protection under the Convention against Torture adjudicated by such officers, the rate of grants, denials, referrals, and otherwise closed applications; and (ff) with respect to credible fear determinations carried out by such officers, the rate of positive, negative, and otherwise closed determinations. . (k) Removal proceedings Section 240(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4) ) is amended— (1) in subparagraph (B), by striking the last sentence and inserting the following: If the trier of fact determines that the applicant should provide evidence that corroborates otherwise credible testimony, the trier of fact shall provide notice and allow the applicant a reasonable opportunity to file such evidence. The trier of fact may not require such evidence if the applicant does not have the evidence and demonstrates that he or she cannot reasonably obtain the evidence. Evidence shall not be considered reasonably obtainable under this subparagraph if procurement of such evidence would reasonably endanger the life or safety of any person in the applicant’s home country. ; and (2) in subparagraph (C), in the first sentence, by striking , without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant’s claim, or any other relevant factor and inserting If the trier of fact determines that there are inconsistencies or omissions, the alien shall be given an opportunity to explain and provide support or evidence to clarify such inconsistencies or omissions. . (l) Reinstatement of removal Section 241(a) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a) ) is amended— (1) in paragraph (5), by striking If the Attorney General and inserting the following: (A) In general Except as provided in subparagraph (B), if the Secretary of Homeland Security ; and (2) by adding at the end the following: (B) Applicability Subparagraph (A) shall not apply to an alien who is otherwise eligible for asylum. . 1106. Transparency in refugee determinations Section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c) ) is amended by adding at the end the following: (5) The adjudicator of an application for refugee status under this section shall consider all relevant evidence and maintain a record of the evidence considered. (6) An applicant for refugee status may be represented, including at a refugee interview, at no expense to the Government, by an attorney or accredited representative who— (A) was chosen by the applicant; and (B) is authorized by the Secretary of Homeland Security to be recognized as the representative of such applicant in an adjudication under this section. (7) (A) A decision to deny an application for refugee status under this section— (i) shall be in writing; and (ii) shall cite the specific applicable provisions of this Act upon which such denial was based, including— (I) the facts underlying the determination; and (II) whether there is a waiver of inadmissibility available to the applicant. (B) The basis of any negative credibility finding shall be part of the written decision. (8) (A) An applicant who is denied refugee status under this section may file a request with the Secretary for a review of his or her application not later than 120 days after such denial. (B) A request filed under subparagraph (A) shall be adjudicated by refugee officers who have received training on considering requests for review of refugee applications that have been denied. (C) The Secretary shall publish the standards applied to a request for review under this paragraph. (D) A request for review under this paragraph may result in the decision being granted, denied, or reopened for a further interview. (E) A decision on a request for review under this paragraph shall— (i) be in writing; and (ii) provide, to the maximum extent practicable, information relating to the reason for the denial. . 1107. Authority to designate certain groups of refugees from countries of particular concern and admission of refugees in emergency situations (a) In general Section 207(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(1) ) is amended— (1) by inserting (A) before Subject to the numerical limitations ; and (2) by adding at the end the following: (B) (i) The President, after a recommendation of the Secretary of State made in consultation with the Secretary of Homeland Security, and after appropriate consultation, may designate specifically defined groups of aliens within a category of aliens established under clause (ii) whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest and who share common characteristics that identify such aliens as targets of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion or who otherwise have a shared need for resettlement due to a specific vulnerability. (ii) For purposes of clause (i), the President shall designate one or more groups or one or more categories of aliens who are or were nationals or habitual residents of the Islamic Republic of Iran or countries from the former Soviet Union, who, as members of a religious minority, share common characteristics that identify them as targets of persecution in that state on account of race, religion, nationality, membership in a particular social group, or political opinion. At the discretion of the President, the President may designate additional groups of one or more categories of aliens who are of were nationals or habitual residents of any other country which is designated as a country of particular concern under section 402(b)(1)(A) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442 ). (iii) An alien who is outside his or her country of origin or last habitual residence who establishes membership in a group designated under clause (i) to the satisfaction of the Secretary of Homeland Security shall establish, for purposes of admission as a refugee under this section, that such alien has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, unless the Secretary determines that such alien ordered, incited, assisted or otherwise participated in the persecution of any person on account of race, religious, membership in a particular social group, or political opinion. (iv) A designation under clause (i)— (I) may be revoked by the President at any time after notification to Congress; (II) if not revoked, shall expire at the end of each fiscal year; and (III) may be renewed by the President after appropriate consultation. (v) An alien's admission under this subparagraph shall count against the refugee admissions goal under subsection (a). (vi) A designation under clause (i) shall not influence decisions to grant, to any alien, asylum under section 208, withholding of removal section 241(b)(3), or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (vii) Each decision to deny an application for refugee status of an alien who is within a category established under this subparagraph shall be in writing and shall state, to the maximum extent feasible, the reason for the denial. . (b) Admission of refugees experiencing emergency situations Section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(1) ), as amended by section 1106, is further amended by adding at the end the following: (9) Admission of refugees experiencing emergency situations (A) In general Subject to the numerical established under subparagraphs (A) and (B) of paragraph (1), the Secretary of Homeland Security may, in the Secretary’s discretion and pursuant to such regulations as the Secretary may prescribe, admit any refugee who is not firmly resettled in any foreign country, is determined to be of special humanitarian concern to the United States, and is admissible (except as provided under section 209) as an immigrant under this Act. Notwithstanding any numerical limitations specified in this Act, any alien admitted under this paragraph shall be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s admission to the United States. (B) Designation The President, upon a recommendation of the Secretary of State made in consultation with the Secretary of Homeland Security, and after appropriate consultation, may designate specifically defined groups of aliens— (i) whose resettlement in the United States is justified by humanitarian concerns or is otherwise in the national interest; and (ii) who— (I) share common characteristics that identify them as targets of— (aa) persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; or (bb) other serious harm; or (II) having been identified as targets as described in subclause (I), share a common need for resettlement due to a specific vulnerability. (C) Membership in a designated group An alien who establishes membership in a group designated under this paragraph to the satisfaction of the Secretary of Homeland Security shall be considered a refugee for purposes of admission as a refugee under this paragraph, unless the Secretary determines that such alien ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (D) Revocation A designation under this paragraph is for purposes of adjudicatory efficiency and may be revoked by the President at any time after notification to Congress. (E) Effect on other laws Categories of aliens established under section 599D of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 ( Public Law 101–167 ; 8 U.S.C. 1157 note)— (i) shall be designated under subparagraph (B) until the end of the first fiscal year commencing after the date of the enactment of this paragraph; and (ii) shall be eligible for designation thereafter at the discretion of the President. (F) Effect on refugee admissions goal The admission of an alien under this paragraph shall count against the refugee admissions goal under section 207(a). (G) Other forms of protection A designation under this paragraph shall not influence decisions to grant to any alien asylum under section 208, withholding of removal under section 241(b)(3), or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (H) Denials A decision to deny admission under this paragraph to an alien who establishes to the satisfaction of the Secretary that the alien is a member of a group designated under subparagraph (B)— (i) shall be in writing; and (ii) shall cite the specific applicable provision of this Act upon which such denial is based, including— (I) the facts underlying the determination; and (II) whether there is a waiver of inadmissibility available to the alien. . (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act. 1108. Employment authorization for asylum seekers and other individuals Section 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended to read as follows: (2) Employment authorization (A) Eligibility The Secretary of Homeland Security shall authorize employment for an applicant for asylum, withholding of removal under section 241(b)(3)(B), or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, not later than 30 days after the date on which such an applicant files an application for such relief. (B) Application An applicant for asylum, withholding of removal under section 241(b)(3)(B), or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, who is prima facie eligible for such relief shall be granted employment authorization not later than 60 days after the date on which the applicant files an application for employment authorization. (C) Term Employment authorization under this paragraph shall be valid until the date on which an applicant is issued a final denial of the applicable application, including administrative and judicial review. . 1109. Admission of refugees and asylees as lawful permanent residents (a) Treatment of aliens admitted as refugees and of aliens granted asylum Section 209 of the Immigration and Nationality Act ( 8 U.S.C. 1159 ) is amended to read as follows: 209. Treatment of aliens admitted as refugees and of aliens granted asylum (a) In general (1) Treatment of refugee families Any alien may be lawfully admitted to the United States for permanent residence at the time of initial admission to the United States if the alien— (A) has been approved for admission to the United States— (i) under section 207 or 208; or (ii) under section 208(b)(3) as the spouse or child of an alien granted asylum under section 208(b)(1); and (B) is admissible under section 212 (except as otherwise provided in subsections (b) and (c)). (2) Adjustment of status (A) In general The Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or the Attorney General, and under such regulations as the Secretary or the Attorney General may prescribe, may adjust, to the status of an alien lawfully admitted to the United States for permanent residence, the status of any alien who, while in the United States— (i) is granted— (I) asylum under section 208(b) (as a principal alien or as the spouse or child of an alien granted asylum); or (II) refugee status under section 207 as the spouse or child of a refugee; (ii) applies for such adjustment of status at any time after being granted asylum or refugee status; (iii) is not firmly resettled in any foreign country; and (iv) is admissible (except as otherwise provided under subsections (b) and (c)) as an immigrant under this Act at the time of examination for adjustment of such alien. (B) Applicability This paragraph shall apply to any alien lawfully admitted for permanent residence under section 207 or 208 before the date of the enactment of the Refugee Protection Act of 2022 . (3) Record Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien’s admission for lawful permanent residence as of the date such alien was granted asylum or refugee status. (b) Inapplicability of certain inadmissibility grounds to refugees, aliens granted asylum, and such aliens seeking adjustment of status to lawful permanent resident Paragraphs (4), (5), and (7)(A) of section 212(a) shall not apply to— (1) any refugee under section 207; (2) any alien granted asylum under section 208; or (3) any alien seeking admission as a lawful permanent resident pursuant to a grant of refugee or asylum status. (c) Waiver of inadmissibility or deportability for refugees, aliens granted asylum, and such aliens seeking adjustment of status to lawful permanent resident (1) In general Except as provided in paragraph (2), the Secretary of Homeland Security or the Attorney General may waive any ground under section 212 or 237 for aliens admitted pursuant to section 207 or 208, or seeking admission as a lawful permanent resident pursuant to subsection (a), if such a waiver is justified by humanitarian purposes, to ensure family unity, or is otherwise in the public interest. (2) Ineligibility Aliens admitted pursuant to section 207 or 208, or seeking admission as a lawful permanent resident pursuant to subsection (a), shall be ineligible for a waiver under paragraph (1) if it has been established that the alien is— (A) inadmissible under section 212(a)(2)(C) or subparagraph (A), (B), (C), or (E) of section 212(a)(3); (B) deportable under section 237(a)(2)(A)(iii) for an offense described in section 101(a)(43)(B); or (C) deportable under subparagraph (A), (B), (C), or (D) of section 237(a)(4). . (b) Clarification Aliens admitted for lawful permanent residence pursuant to paragraph (1) of section 209(a) of the Immigration and Nationality Act, as amended by subsection (a), or who adjust their status pursuant to paragraph (2) of such section, as amended by subsection (a), shall be considered to be refugees and aliens granted asylum for purposes of sections 402, 403, 412, and 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 , 1613, 1622, and 1641). (c) Technical and conforming amendments (1) Aliens not subject to direct numerical limitations Section 201(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1)(B) ) is amended to read as follows: (B) Aliens who are admitted to the United States as permanent residents under section 207 or 208 or whose status is adjusted under section 209. . (2) Training Section 207(f)(1) of such Act ( 8 U.S.C. 1157(f)(1) ) is amended by striking Attorney General and inserting Secretary of Homeland Security . (3) Commonwealth of the Northern Mariana Islands Section 208(e) of such Act ( 8 U.S.C. 1158(e) ) is amended by striking section 209(b) and inserting section 209(a)(2) . (4) Table of contents The table of contents for such Act is amended by striking the item relating to section 209 and inserting the following: Sec. 209. Treatment of aliens admitted as refugees and of aliens granted asylum. . (d) Effective date This section, and the amendments made by this section, shall take effect on the earlier of— (1) the date that is 180 days after the date of the enactment of this Act; or (2) the date on which a final rule is promulgated to implement this section and the amendments made by this section. 1110. Complementary protection The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum if the Secretary of Homeland Security or the Attorney General determines that such alien is a refugee within the meaning of section 101(a)(42)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42)(A) ) or would face a threat to life or physical integrity if returned because of a reasonable possibility of— (1) violence; or (2) exceptional situations, such as environmental or other crises or disasters, including from the effects of climate change, for which there is no adequate remedy in the country of origin. 1111. Internal relocation (a) Burden of proof The Government bears the burden of establishing the reasonableness of internal relocation. (b) Case-by-Case analysis Consistent with the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, it shall be considered unreasonable to presume applicants are able to internally relocate without first conducting an individualized determination applying a totality of circumstances test on a case-by-case basis. (c) Determinations in merits hearings Internal relocation determinations— (1) may only be made in asylum merits proceedings; and (2) shall not occur at an earlier stage of processing. (d) Prohibition The mere possibility of internal relocation shall not be the sole grounds for a discretionary denial of asylum, issuance of a negative credible fear determination, or a factor to otherwise bar asylum eligibility. 1112. Firm resettlement The Government bears the burden of establishing whether an applicant is firmly resettled and applicants may rebut this under a preponderance of the evidence standard. Firm resettlement determinations shall focus exclusively on the existence of an offer of permanent resettlement and shall not be fulfilled by an offer of temporary, transitory, or unauthorized time in another country. B Protections for children and families 1201. Keeping families together (a) Modification of definition of child Section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (E)(ii), by striking ; or and inserting a semicolon; (2) in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon; (3) in subparagraph (G)(iii)(III), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (H) (i) a child under the age of 18 at the time an application is filed to accord a principal alien refugee status— (I) who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents; or (II) for whom the sole or surviving parent is incapable of providing the proper care and has, in writing, irrevocably released the child for emigration and adoption; (ii) who has been living in a country of asylum under the care of such principal alien; and (iii) for whom the Secretary of Homeland Security is satisfied that proper care will be furnished if the child is admitted to the United States. . (b) Admission of refugee families and timely adjudication Section 207(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c)(2) ) is amended to read as follows: (2) (A) (i) Irrespective of the date on which such refugee was admitted to the United States, the spouse or a child (as defined in section 101(b)(1)) of any refugee, or the parent or de facto guardian (as determined by the Secretary of Homeland Security) of such a child who qualifies for admission under paragraph (1), if not otherwise entitled to admission under such paragraph and not described in section 101(a)(42)(B), shall be entitled to the same admission status as such refugee if— (I) accompanying, or following to join, such refugee; and (II) admissible (except as otherwise provided under paragraph (3)) as an immigrant under this chapter. (ii) The admission to the United States of a spouse, child, parent, or guardian described in clause (i) shall not be charged against the numerical limitation established in accordance with the appropriate subsection under which the refugee’s admission is charged. (B) A mother or father who seeks to accompany, or follow to join, an alien granted admission as a refugee under this subsection shall continue to be classified as a mother or father for purposes of this paragraph if the alien attained 21 years of age while such application was pending. (C) The parent or de facto guardian (as determined by the Secretary of Homeland Security) of a refugee child admitted under this section and was admitted under the Unaccompanied Refugee Minors program (as described in subparagraph (D), (E), or (H) of section 101(b)(1) shall be treated in accordance with subparagraph (A) if such parent or guardian seeks to follow to join such refugee child and the minor consents to being joined by such individual. (D) (i) Not later than 1 year after the date on which an application for refugee status is filed under this paragraph— (I) required screenings and background checks shall be completed; and (II) the application shall be adjudicated. (ii) The adjudication of an application may exceed the timeframe under clause (i) only in exceptional circumstances in which additional time to process an application is necessary to satisfy national security concerns, if the Secretary of Homeland Security has— (I) made a determination that the applicant meets the requirements for refugee status under this section; and (II) notified the applicant of such determination. . (c) Treatment of asylee families and timely adjudication Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(3) ), as amended by section 1105(d), is further amended— (1) in subparagraph (A), by striking or following to join, such alien and inserting, or following to join, such alien, irrespective of the date on which such alien was granted asylum ; and (2) by adding at the end the following: (C) Children of asylee spouses A child (as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1)) born to the asylee spouse who qualifies for admission under paragraph (A) shall, if not otherwise eligible for asylum under this section, be granted the same status as such asylee spouse if accompanying, or following to join, such asylee spouse. (D) Application process (i) In general Not later than 1 year after the date on which an application for refugee status is filed under this paragraph— (I) required screenings and background checks shall be completed; and (II) the application shall be adjudicated. (ii) Exception The adjudication of an application may exceed the timeframe under clause (i) only in exceptional circumstances in which additional time to process an application is necessary to satisfy national security concerns, if the Secretary of Homeland Security has— (I) made a determination that the applicant meets the requirements for refugee status under this section; and (II) notified the applicant of such determination. (iii) Prohibition on denials due to processing delays An application for asylum under this paragraph shall not be denied, in whole or in part, on the basis that processing could not be completed within the timeframe under clause (i). . 1202. Protections for minors seeking asylum (a) In general Section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 ) is amended— (1) in subsection (a)(2), as amended by sections 1103 and 1104, by amending subparagraph (E) to read as follows: (E) Applicability to minors Subparagraphs (A) and (B) shall not apply to an applicant who is younger than 18 years of age on the earlier of— (i) the date on which the asylum application is filed; or (ii) the date on which any notice to appear is issued. ; and (2) in subsection (b)(4), as added by section 1105, by adding at the end the following: (C) Applicants younger than 18 years of age An asylum officer (as defined in section 235(b)(1)(E)) shall have initial jurisdiction over any asylum application filed by an applicant who is younger than 18 years of age on the earlier of— (i) the date on which the asylum application is filed; or (ii) the date on which any notice to appear is issued. . (b) Treatment of spouse, children, mother, and father seeking asylum Section 208(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1158 ), as amended by section 1105, is further amended— (1) in the paragraph heading, by striking and children and inserting , children, mothers, and fathers ; (2) in subparagraph (A), by striking (as defined in section 101(b)(1)(A), (B), (C), (D), or (E)) of an alien and inserting (as defined in subparagraph (A), (B), (C), (D), (E), or (H) of section 101(b)(1)) of an alien, or the mother or father of an alien who is such a child, ; and (3) by amending subparagraph (B) to read as follows: (B) Continued classification of certain aliens as children (i) Unmarried aliens An unmarried alien who seeks to accompany, or follow to join, a mother or father granted asylum under this subsection, and any child of such unmarried alien, shall continue to be classified as a child for purposes of this paragraph and shall be considered a refugee, if— (I) the alien was younger than 21 years of age on the date on which such mother or father applied for asylum under this section; and (II) the alien attained 21 years of age while such application was pending. (ii) Effect on mothers and fathers A mother or father who seeks to accompany, or follow to join, an alien granted asylum under this subsection shall continue to be classified as a mother or father for purposes of this paragraph, and together with the spouse or child of such mother or father, be considered a refugee, if the alien attained 21 years of age while such application was pending. . (c) Repeal of contiguous country exception (1) In general Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) ) is amended— (A) by striking paragraph (2); (B) by amending paragraph (3) to read as follows: (3) Rule for all unaccompanied children The custody of unaccompanied alien children who are apprehended at the border of the United States or at a United States port of entry shall be treated in accordance with subsection (b). ; (C) by amending paragraph (4) to read as follows: (4) Screening (A) In general Within 48 hours of the apprehension of a child who is believed to be an unaccompanied alien child, the child shall be transferred to the Secretary of Health and Human Services and treated in accordance with subsection (b). (B) Rule of construction Nothing in this paragraph may be construed to preclude an earlier transfer of a child. ; (D) by amending paragraph (5) to read as follows: (5) Placement in removal proceedings Any unaccompanied alien child sought to be removed by the Department of Homeland Security shall be— (A) placed in removal proceedings under section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ); (B) eligible for relief under section 240B of that Act ( 8 U.S.C. 1229c ) at no cost to the child; and (C) provided access to counsel in accordance with subsection (c)(5). ; and (E) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively. (2) Conforming amendments Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ) is amended— (A) in subsection (c)(5), by striking , and who are not described in subsection (a)(2)(A), ; and (B) in subsection (e), by striking , including children described in subsection (a)(2) . (d) Duration of unaccompanied child designation Section 235(a) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(a) ), as amended by subsection (c), is further amended by adding at the end the following: (5) Duration of unaccompanied alien child determination (A) In general Upon identification as an unaccompanied alien child, a child shall be afforded all substantive and procedural protections provided for unaccompanied alien children under this section and any other Federal law for the duration of the child’s removal proceedings. (B) Reevaluation and revocation prohibited The head of a Federal agency may not— (i) reevaluate or revoke a determination that an individual is an unaccompanied alien child; or (ii) deny or impede access to any protections provided for unaccompanied alien children by Federal law, including on the basis of the individual’s reunification with a parent or legal guardian or the individual having attained 18 years of age. . (e) Child protective measures for all children in U.S. Customs and Border Protection custody (1) Purpose The purposes of this subsection are— (A) to ensure the safety and access to protection of children temporarily in the custody of U.S. Customs and Border Protection by requiring the Secretary of Homeland Security to hire child welfare professionals; and (B) to prevent unnecessary family separation through the deployment of officials of the Department of Health and Human Services to U.S. Customs and Border Protection facilities to evaluate unaccompanied children arriving with non-parent, adult family members for reunification within 72 hours. (2) Child welfare professionals (A) Definition of child welfare professional The term child welfare professional means an individual who— (i) is State-licensed in social work; (ii) has direct experience working with children; (iii) has expertise in— (I) child development; and (II) culturally competent, trauma-centered, and developmentally appropriate interviewing skills; (iv) has knowledge of Federal and State child welfare laws and standards; and (v) is proficient in 1 or more of the most common languages spoken by children apprehended at the southern border of the United States. (B) Staffing of child welfare professionals at U.S. Customs and Border Protection facilities The Secretary of Homeland Security shall ensure that 1 or more child welfare professionals is available at each port of entry and Border Patrol station along the southern land border of the United States to accomplish the duties described in this subsection. (i) Hiring The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall hire, or seek to enter into contracts with, child welfare professionals who shall— (I) work onsite on a full-time basis at ports of entry or Border Patrol stations that have had not fewer than 25 children in custody— (aa) on any day during the preceding fiscal year; or (bb) during the fiscal year in which this Act is enacted based on a review of monthly statistical reports during the such fiscal year; (II) remain available by telephone and videoconference on an on-call basis to U.S. Customs and Border Protection personnel at ports of entry or Border Patrol stations that are not described in subclause (I). (ii) Interpreter required In the case of a child welfare professional who does not speak the best language of a child in the custody of U.S. Customs and Border Protection at a port of entry or Border Patrol station along the southern land border of the United States, the Secretary of Homeland Security shall provide an interpreter. (C) Duties In accordance with the timeframe under subsections (a)(4) and (b)(3) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ), as amended by this Act, child welfare professionals placed as ports of entry and Border Patrol stations under subparagraph (B) shall— (i) conduct screening of each child in the custody of U.S. Customs and Border Protection in accordance with such subsection (a)(4); (ii) ensure appropriate care of each child in the custody of U.S. Customs and Border Protection; (iii) ensure that any allegation of abuse or mistreatment of a child in the custody of U.S. Customs and Border Protection is referred to the appropriate Federal and State authorities; (iv) with respect to a child who may meet the notification and transfer requirements under subsections (a) and (b) of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ), including a child for whom a determination cannot be made, notify the Secretary of Homeland Security and the Assistant Secretary of the Office of Refugee Resettlement of the presence of such child at the port of entry or Border Patrol station; (v) conduct an initial family relationship and trafficking assessment for each child in the custody of U.S. Customs and Border Protection; and (vi) perform other duties as appropriate. (D) Report Not later than 180 days after the date of the enactment of this Act, and every quarter thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on the Judiciary, the Committee on Homeland Security, the Committee on Oversight and Reform, and the Committee on Education and Labor of the House of Representatives a report that, for the preceding fiscal quarter— (i) describes the activities carried out by child welfare professionals under this subsection; (ii) assesses the effectiveness of such activities; and (iii) includes non-personally identifiable data on all children screened by child welfare professionals under this subsection, including— (I) the number and location of children in the physical custody of the Department of Homeland Security; (II) the number of children transferred to the custody of the Secretary of Health and Human Services; and (III) the number of children removed from the United States, and the countries of nationality of such children. (3) Expedited reunification at the border (A) In general Unaccompanied children encountered by the Commissioner of U.S. Customs and Border Protection together with 1 or more adult family members who are not their parents or legal guardians shall be— (i) transferred, along with those adult family members, to the nearest U.S. Customs and Border Protection reception center where field staff of the Department of Health and Human Services are onsite; and (ii) screened, along with the 1 or more adult family members, by such field staff shall to assess— (I) the validity of the relationship between the child and 1 or more adult family members; (II) the ability of the 1 or more adult family members to care for child; and (III) any risk of trafficking or abuse from the 1 or more adult family members. (B) Interview In conducting the screening under subparagraph (A)(ii), the field staff of the Department of Health and Human Services shall interview the child— (i) together with the 1 or more adult family members; and (ii) separately from the adult family member(s). (C) Observation In the case of young children and infants screened under this paragraph, in addition to evaluating the documentary evidence of relationship provided, the field staff of the Department of Health and Human Services shall observe the interactions between the children and their 1 or more adult family members. (D) U.S. Customs and Border Protection custody During the screening required by this paragraph, an unaccompanied child described in subparagraph (A) shall remain in the legal custody of the Commissioner of U.S. Customs and Border Protection for not more than 72 hours. (E) Safe sponsor determination (i) In general If field staff of the Health and Human Services determine that an adult family member is a safe sponsor, the Commissioner of U.S. Customs and Border Protection, absent exigent circumstances, shall approve the sponsor for release and transfer custody of the child from the Commissioner to the Secretary of Health and Human Services in a designated space so that the Office of Refugee Resettlement may promptly reunify the child directly with the adult sponsor. (ii) Referral for legal services The Assistant Secretary of the Office of Refugee Resettlement shall ensure that any child approved for release with their family sponsor under this subparagraph is referred to a legal services provider funded by the Department of Health and Human Services to represent the child post-release. (F) Department of Health and Human Services custody In any case in which Department of Health and Human Services field staff cannot approve a child’s reunification not later than 72 hours after the time at which the child is apprehended— (i) the Commissioner of U.S. Customs and Border Protection shall transfer custody of the child to the Secretary of Health and Human Services for placement in Office of Refugee Resettlement care in the least restrictive setting in the child’s best interest, as required by section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and (ii) the Secretary of Health and Human Services shall appoint an independent child advocate to the child upon the child's arrival in Office of Refugee Resettlement care. (G) Legal orientation presentations in reception centers The Secretary of Health and Human Services shall work with stakeholders to ensure that legal staff are detailed to U.S. Customs and Border Protection reception centers sites to provide legal orientation presentations to unaccompanied children while their 1 or more adult family members are evaluated by Department of Health and Human Services field staff. (4) Rule of construction Nothing in this subsection may be construed to modify— (A) the definition of the term unaccompanied alien child under section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) ); (B) the obligation of the Secretary of Health and Human Services to take a child into custody, and if the child cannot be reunified with the adult family member as set forth in paragraph (3)(E) to place the child in the least restrictive setting in their best interests, consistent with section 279(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g) ) or section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ); or (C) the duration of the unaccompanied alien child determination and associated legal protections under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ). (f) Elimination of special immigrant juvenile visa cap (1) 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) ) is amended by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (J) . (2) Preference allocation for employment-based immigrants Section 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(4) ) is amended by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (J) . 1203. Fair day in court for kids (a) Improving immigration court efficiency and reducing costs by increasing access to legal information (1) Appointment of counsel in certain cases; right to review certain documents in removal proceedings Section 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— (A) in paragraph (4)— (i) in the matter preceding subparagraph (A), by inserting , or in the case of an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )), under regulations of the Secretary of Health and Human Services after Attorney General ; (ii) in subparagraph (A)— (I) by striking , at no expense to the Government, ; and (II) by striking the comma at the end and inserting a semicolon; (iii) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; (iv) by inserting after subparagraph (A) the following: (B) the Attorney General, or in the case of an unaccompanied alien child, the Secretary of Health and Human Services, may appoint or provide counsel, at Government expense, to the alien; (C) the alien, at the beginning of such proceedings or as expeditiously as possible, shall automatically receive a complete copy of all relevant documents in the possession of the Department of Homeland Security (unless the alien waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands fluently), including— (i) all documents (other than documents protected from disclosure by privilege and documents containing national security information referred to in subparagraph (D), law enforcement sensitive information, or information prohibited from disclosure pursuant to any other provision of law) contained in the file maintained by the Government that includes information with respect to all transactions involving the alien during the immigration process (commonly referred to as an A-file ); and (ii) all documents pertaining to the alien that the Department of Homeland Security has obtained or received from other government agencies; ; and (v) in subparagraph (D), as redesignated, by striking , and and inserting ; and ; and (B) by adding at the end the following: (8) Failure to provide alien required documents In the absence of a waiver under paragraph (4)(C), a removal proceeding may not proceed until the alien— (A) has received the documents required under such paragraph; and (B) has been provided meaningful time to review and assess such documents. . (2) Clarification regarding the authority of the attorney general and the secretary of health and human services to appoint counsel to aliens in immigration proceedings Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— (A) by striking In any and inserting the following: (a) In general In any proceeding conducted under section 235, 236, 238, 240, or 241, or under any other section of this Act, including ; (B) in subsection (a), as redesignated— (i) by striking (at no expense to the Government) ; and (ii) by striking he shall and inserting the person shall ; and (iii) by adding at the end the following: (b) Access to counsel (1) In general The Attorney General may appoint or provide counsel to aliens in any proceeding conducted under section 235, 236, 238, 240, or 241, or under any other section of this Act. (2) Unaccompanied alien children The Secretary of Health and Human Services may appoint or provide counsel to unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 279(g)(2) )) in any applicable proceeding conducted pursuant to any section of this Act. (3) Immigration detention and border facilities The Secretary of Homeland Security shall ensure that aliens have access to counsel inside all immigration detention and border facilities. . (3) Appointment of counsel for children and vulnerable aliens (A) In general Section 292 of the Immigration and Nationality Act, as amended by subsection (b), is further amended by adding at the end the following: (c) Unaccompanied alien children Notwithstanding subsection (b), the Secretary of Health and Human Services shall appoint or provide counsel at Government expense, if necessary, at the beginning of immigration proceedings, or as expeditiously as possible, to represent in such proceedings unaccompanied alien children. (d) Other vulnerable aliens Notwithstanding subsection (b), the Attorney General shall appoint or provide counsel at Government expense, if necessary, at the beginning of immigration proceedings or as expeditiously as possible, to represent in such proceedings any alien who has been determined by the Secretary of Homeland Security or the Attorney General to be— (1) a child who is not an unaccompanied alien child; (2) a person with a disability; (3) a victim of abuse, torture, or violence; (4) an individual whose income is at or below 200 percent of the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )) applicable to a family of the size involved; or (5) an individual whose circumstances require the appointment of counsel to help ensure the fair resolution and efficient adjudication of the proceedings. (e) Extension to consolidated cases If the Attorney General has consolidated the case of an alien for whom counsel was appointed under subsection (c) or (d) with the case of another alien who does not have counsel, the counsel appointed under subsection (c) or (d), as applicable, shall be appointed to represent such other alien. (f) Authorization of appropriations There is authorized to be appropriated to the Office of Refugee Resettlement of the Department of Health and Human Services and to the Executive Office for Immigration Review of the Department of Justice, such sums as may be necessary to carry out this section. . (B) Rulemaking (i) Unaccompanied alien children The Secretary of Health and Human Services shall promulgate regulations to implement section 292(c) of the Immigration and Nationality Act, as added by subparagraph (A), in accordance with the requirements set forth in section 3006A of title 18, United States Code. (ii) Other vulnerable aliens The Attorney General shall promulgate regulations to implement section 292(d) of the Immigration and Nationality Act, as added by subparagraph (A), in accordance with the requirements set forth in section 3006A of title 18, United States Code. (b) Access by counsel and legal orientation at detention facilities (1) Access to counsel The Secretary of Homeland Security shall facilitate access to counsel for all aliens detained in facilities under the supervision of U.S. Immigration and Customs Enforcement or of U.S. Customs and Border Protection, including providing information to such aliens regarding legal services programs at detention facilities. (2) Access to legal orientation programs (A) Procedures The Secretary of Homeland Security, in consultation with the Attorney General, shall establish procedures— (i) to ensure that legal orientation programs are available for all detained aliens, including aliens held in U.S. Customs and Border Protection facilities; and (ii) to inform such aliens of— (I) the basic procedures of immigration hearings; (II) their rights relating to such hearings under Federal immigration laws; (III) information that may deter such aliens from filing frivolous legal claims; and (iii) any other information that the Attorney General considers appropriate, such as a contact list of potential legal resources and providers. (B) Universal availability Access to legal orientation programs under subparagraph (A) may not be limited by the alien’s current immigration status, prior immigration history, or potential for immigration relief. (c) Report on access to counsel (1) Report Not later than December 31 each year, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Health and Human Services, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives regarding the extent to which aliens described in subsections (c) and (d) of section 292 of the Immigration and Nationality Act, as added by subsection (a)(3)(A), have been provided access to counsel. (2) Contents Each report submitted pursuant to paragraph (1) shall include, for the immediately preceding 1-year period— (A) the number and percentage of aliens described in section 292(c) of the Immigration and Nationality Act and in paragraphs (1), (2), (3), and (4), respectively, of section 292(d) of such Act who were represented by counsel, including information specifying— (i) the stage of the legal process at which the alien was represented; and (ii) whether the alien was in government custody; and (B) the number and percentage of aliens who received legal orientation presentations. (d) Motions To reopen Section 240(c)(7)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C) ) is amended by adding at the end the following: (v) Special rule for aliens entitled to appointment of counsel If the Secretary of Health and Human Services or the Attorney General fail to appoint counsel for an alien in accordance with subsection (c) or (d) of section 292, as applicable— (I) no limitation under this paragraph pertaining to the filing of any motion under this paragraph by such alien shall apply; and (II) the filing of such a motion shall stay the removal of the alien. . C Protections for other vulnerable individuals 1 Stateless protection 1311. Protection of stateless persons in the United States (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: 245B. Protection of stateless persons in the United States (a) Definitions In this section: (1) Competent authority With respect to a foreign country, the term competent authority — (A) means the authority responsible for— (i) conferring nationality on, or withdrawing nationality from, individuals; or (ii) in the case of nationality having been acquired or withdrawn automatically, clarifying the nationality status of an individual; and (B) includes a Federal, local, or regional government entity, a consular official, and a government official at any level, notwithstanding any process by which a decision by such an entity or official may later be overridden. (2) National; nationality The terms national and nationality — (A) refer to a formal link, of a political and legal character, between an individual and a country; and (B) do not include the concept of nationality relating to membership in a religious, linguistic, or ethnic group. (3) Noncitizen The term noncitizen has the meaning given the term alien in section 101(a). (4) Operation of law; operation of its law The terms operation of law and operation of its law — (A) refer to the consideration by a competent authority of a country with respect to an individual in practice, including under the legislation, ministerial decrees, regulations, orders, judicial case law, and customary practices of the competent authority; and (B) include situations in which the position of the competent authority differs from the law as written, if the position of the competent authority that an individual is not a national of the country is determinative. (5) Relevant association The term relevant association means a natural person’s connection to a country through— (A) birth on the territory of the country; (B) descent from 1 or more individuals who are nationals of the country; (C) marriage to an individual who is a national of the country; (D) adoption by an individual who is a national of the country; or (E) habitual residence in the country. (6) Stateless person The term stateless person means an individual who is not considered as a national by any state under the operation of its law. (b) Mechanisms for regularizing the status of stateless persons (1) Stateless protected status (A) Principal applicants Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is a stateless person present in the United States; (ii) applies for such relief; (iii) has not formally renounced his or her nationality as a result of voluntary, affirmative, and intentional action after arrival in the United States and after the date of the enactment of this section, unless the renunciation was the result of duress, coercion, or a reasonable expectation that the noncitizen had acquired or would acquire another nationality or citizenship; and (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (B) Treatment of spouse and children Notwithstanding any other provision of law, the Secretary of Homeland Security shall provide stateless protected status to a noncitizen who— (i) is the spouse or child of a noncitizen described in subparagraph (A), if such spouse or child is not otherwise eligible for admission under that subparagraph; (ii) is accompanying, or following to join, such noncitizen; (iii) established the qualifying relationship to such noncitizen before the date on which such noncitizen applied for stateless protected status; (iv) is not inadmissible under 212(a)(3), except as provided in paragraph (2) of this subsection; and (v) is not described in section 241(b)(3)(B)(i). (C) Stateless protected status Noncitizens with stateless protected status— (i) shall— (I) receive relevant protections against deportation, removal, and detention, as described in paragraph (3); (II) be authorized for employment, as described in paragraph (4); and (III) be eligible to apply for a travel document, as described in paragraph (5); and (ii) shall not face limitations from immigration enforcement officials on their domestic travel. (D) Concurrent grant of lawful permanent residence (i) In general Except as provided in clause (ii), notwithstanding any other provision of law, immediately on granting stateless protected status to a noncitizen, the Secretary of Homeland Security shall adjust the status of the noncitizen to that of a noncitizen lawfully admitted for permanent residence. (ii) Exception The Secretary of Homeland Security may not adjust the status of a noncitizen with stateless protected status who is inadmissible under section 212(a)(2). (2) Waivers (A) In general Notwithstanding any other provision of law, the Secretary of Homeland Security may, for humanitarian purposes, in the interests of access to fundamental or enabling rights, to ensure family unity, or when it is otherwise in the public interest, waive the operation of the grounds of inadmissibility set forth in paragraphs (2) and (3) of section 212(a), for relief under this section. (B) Factors In making a determination under subparagraph (A), the Secretary of Homeland Security shall consider all relevant factors, including— (i) mitigating and aggravating factors of the basis for inadmissibility; (ii) the duration of the noncitizen’s residence in the United States; and (iii) the degree to which the noncitizen’s removal, or denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (3) Release from post-removal detention A grant of stateless protected status under this section shall— (A) trigger immediate release of an individual from post-removal detention; (B) be considered to establish that there is no significant likelihood of the individual's removal in the reasonably foreseeable future; and (C) establish a presumption that travel documents are not available for the individual. (4) Employment authorization (A) In general An individual granted stateless protected status under this section shall receive employment authorization for a renewable period not less than 5 years. (B) Pending application (i) In general During the 150-day period after the date on which an application for status under this section is submitted, the Secretary of Homeland Security may authorize the applicant to engage in employment in the United States. (ii) Mandatory employment authorization If the Secretary of Homeland Security has not issued a decision within the 150-day period beginning on the date on which an application for status under this section is submitted, the Secretary of Homeland Security shall authorize the applicant to engage in employment in the United States until the date on which a decision is issued on the application for lawful permanent residence or stateless protected status. (5) Travel documents (A) In general On request, the Secretary of Homeland Security shall provide to any noncitizen granted relief under this section, a travel document that facilitates the noncitizen’s ability to travel abroad and to be admitted to the United States upon return. (B) Validity The minimum period of validity for a document issued under subparagraph (A) shall be 10 years. (6) Naturalization Notwithstanding any other provision of law, an individual granted lawful permanent residence status under paragraph (1)(D) may apply for naturalization after having resided continuously in the United States for at least 3 years beginning on the date on which such individual is granted lawful permanent resident status. (c) Evidentiary matters (1) In general In determining if an individual is a stateless person under this section, the Secretary of Homeland Security shall consider and obtain any credible evidence relevant to the application, including information from— (A) the Department of State, particularly the Bureau of Population, Refugees, and Migration and the Bureau of Democracy, Human Rights, and Labor; and (B) relevant international and foreign bodies, such as the United Nations High Commissioner for Refugees, nongovernmental organizations, and the competent authorities of other countries. (2) Designation of specific groups of stateless persons The Secretary of Homeland Security, in consultation with the Secretary of State, may designate 1 or more specific groups of individuals who shall be considered stateless persons for purposes of this section, and a noncitizen who belongs to a group so designated shall be considered a stateless person. (3) Burden of proof The burden of proof with respect to evidentiary matters relating to an application under this section shall be shared between the Secretary of Homeland Security and the applicant. (4) Standard of proof (A) In general A noncitizen shall be considered to be a stateless person if it is established to a reasonable degree that the noncitizen meets the definition of the term stateless person under this section. (B) Assessment of nationality The nationality of an individual shall be assessed as of the date on which a determination of eligibility under this section is made. (5) Submission of documentary evidence (A) Supporting documents from applicant An applicant for relief under this section shall submit, as part of the application for such relief— (i) a full and truthful account, to the best of the noncitizen’s knowledge, of such noncitizen’s legal status with regard to any country in which the applicant was born or resided before entering the United States or to which the applicant has a relevant association; and (ii) all evidence reasonably available, including any valid or expired travel document. (B) Evidence available to secretary of homeland security The Secretary of Homeland Security shall obtain and submit to the immigration officer or immigration judge and the applicant or, as applicable, the applicant’s counsel, all available evidence regarding the legal status of the applicant in the applicant’s country of birth or prior residence or any country to which the applicant has a relevant association, including information on the relevant laws and practices of the countries concerned. (C) Consideration of response The Secretary of Homeland Security may consider as substantial evidence that an individual is not considered by a country to be a national of the country the following: (i) After 120 days have elapsed after the Secretary of Homeland Security has requested information from the country with respect to the nationality status of the individual, the lack of response from the competent authority of the country. (ii) A pro forma response from the country that lacks an application of the law or facts to the particular individual. (iii) The refusal of the country to accept the individual for deportation or removal. (d) Fees The Secretary of Homeland Security may not charge a noncitizen any fee in connection with an application for, or issuance of, lawful status under this section, employment authorization, or travel documents. (e) Jurisdiction and review (1) In general The Director of U.S. Citizenship and Immigration Services shall have jurisdiction over an application for stateless protected status and adjustment of status filed by a noncitizen under this section. (2) Review A denial by the Secretary of Homeland Security of an application for relief under this section shall be subject to review by the Administrative Appeals Office of U.S. Citizenship and Immigration Services. (f) Effect on removal proceedings With respect to a noncitizen in removal proceedings who files an application for relief under this section, the Attorney General shall postpone the removal proceedings pending the adjudication of the application. (g) Applicants with final orders of removal (1) Motions to reopen (A) In general A noncitizen whose removal, deportation, or exclusion proceedings were concluded before the date of the enactment of this section, and who is eligible for relief under this section, may file 1 motion to reopen proceedings to apply for such relief not later than 1 year after the date of the enactment of this section. (B) Effect of limitations A time or numerical limitation on motions to reopen removal, deportation, or exclusion proceedings may not be construed to restrict the filing of a motion to reopen under this paragraph if such limitation is based on previously unavailable evidence or facts, or on changed facts or circumstances, including a discovery by a noncitizen that the noncitizen may be a stateless person. (2) Stay of removal (A) In general An applicant for relief under this section who has been issued a final order of removal, deportation, or exclusion may request a stay of removal, deportation, or exclusion. (B) Consideration of request With respect to an individual who requests a stay under subparagraph (A), if the Secretary of Homeland Security determines that the application for relief is bona fide, the Secretary shall automatically stay the execution of the final order of deportation, exclusion, or removal, and the stay will remain in effect until a final decision is made on the applications. (C) Effect of denial If the application is denied, the stay of the final order is deemed lifted as of the date of such denial, without regard to whether the noncitizen appeals the decision. (3) Termination On the grant of an application for relief under this section to a noncitizen with a final order of removal, deportation, or exclusion, the final order shall be deemed canceled by operation of law as of the date of the approval. (h) Exclusion from numerical limitations Individuals provided status under this section shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4). (i) Rule of construction Nothing in this section may be construed to authorize or require the admission of any noncitizen to the United States. (j) Reports (1) In general Not later than 120 days after the date of the enactment of this section, and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on— (A) the number of applications submitted under each of paragraphs (1), (4), and (5) of subsection (b) since the date of the enactment of this section, disaggregated by the country of birth of the applicants; and (B) average timelines for processing each such application. (2) Public availability The Secretary of Homeland Security shall publish each report submitted under paragraph (1) on the internet website of the Department of Homeland Security, respectively. (k) Publication of guidance Not later than 120 days after the date of the enactment of this section, the Secretary of Homeland Security shall publish all policy manuals, guidance, and application instructions relating to applications under this section on the internet website of the Department of Homeland Security. (l) Regulations The Secretary of Homeland Security may issue such regulations as the Secretary of Homeland Security considers appropriate to carry out this section. . (b) Technical and conforming amendments (1) Table of contents The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 245A the following: Sec. 245B. Protection of stateless persons in the United States. . (2) Exception for unlawful presence of stateless persons Section 212(a)(9)(B)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9)(B)(iii) ) is amended by adding at the end the following: (V) Stateless persons Clause (i) shall not apply to a noncitizen who demonstrates that he or she is a stateless person (as defined in section 245B(a)). . 1312. Prevention of statelessness (a) Births to United States citizens overseas Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is amended— (1) in subsection (g), by striking ; and and inserting a semicolon; (2) in subsection (h), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (i) a person born to a citizen of the United States outside the United States or in an outlying possession of the United States, if such person is born as a stateless person (as defined in section 245B(a)). . (b) Foundlings Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is further amended by striking subsection (f) and inserting the following: (f) a person of unknown parentage found in the United States while under the age of 18 years, until shown, prior to the person attaining the age of 21 years, not to have been born in the United States; . (c) Stateless safeguards for derivative citizenship and international adoptions (1) Stateless safeguards Section 320 of the Immigration and Nationality Act ( 8 U.S.C. 1431 ) is amended by adding at the end the following: (e) (1) Notwithstanding any other provision of law, a person born outside the United States or in an outlying possession who is or becomes a stateless person (as defined in section 245B(a)) automatically becomes a citizen of the United States on the date on which one of the following conditions has been fulfilled: (A) One parent is or was a citizen of the United States. (B) The person was adopted by— (i) a citizen of the United States; or (ii) an individual who became a citizen of the United States after the date of such adoption. (2) This subsection applies to any person who meets the criteria under paragraph (1) at any time. . (2) Age Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) ) is amended by striking paragraph (2) and inserting the following: (2) The child is under the age of 21 years. . (3) Entry and custody Section 320(a) of the Immigration and Nationality Act ( 8 U.S.C. 1431(a) ) is further amended by striking paragraph (3) and inserting the following: (3) The child is residing in the United States, and provided such child is under the legal age of adulthood in the State in which the parent of the child or the child resides, is in the legal and physical custody of the citizen parent. . (d) Programs To prevent statelessness The Secretary of Homeland Security and Secretary of State shall jointly establish and carry out initiatives to prevent statelessness from occurring, which may include— (1) an assessment of United States citizenship law to determine and amend any provision of law that results in statelessness or a delayed acquisition of nationality that increases the risk of statelessness; (2) studies on the profiles and number of stateless people living in the United States; (3) programs to promote inclusive and nondiscriminatory nationality laws and practices in other countries, with particular attention to the prevention of atrocity crimes; (4) programs to encourage other countries to establish stateless status determination and protection legislation; and (5) grants to universities and nongovernmental organizations to accelerate research, education, curricula, and knowledge on nationality law and practice and statelessness. 2 Other individuals 1321. Protecting victims of terrorism from being defined as terrorists (a) Security and related grounds Section 212(a)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(B) ) is amended to read as follows: (B) Terrorist activities (i) In general Any alien who— (I) has engaged in a terrorist activity; (II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows, or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in clause (ii)); (III) has, under circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity; (IV) is a representative (as defined in clause (v)) of— (aa) a terrorist organization described in subclause (I) or (II) of clause (vi)); and (bb) a political, social, or other group that endorses or espouses terrorist activity; (V) is a member of a terrorist organization described in subclause (I) or (II) of clause (vi); (VI) endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or to support a terrorist organization described in subclause (I) or (II) of clause (vi); or (VII) has received military-type training (as defined in section 2339D (c)(1) of title 18, United States Code) from or on behalf of any organization that, at the time the training was received, was a terrorist organization described in subclause (I) or (II) of clause (vi)), or was a terrorist organization described in subclause (III) of such clause and there are reasonable grounds for regarding the alien as a danger to the security of the United States, is inadmissible. An alien who is an officer, official, representative, or spokesman of the Palestine Liberation Organization is considered, for purposes of this Act, to be engaged in a terrorist activity. (ii) Terrorist activity defined In this Act, the term terrorist activity means any activity that is unlawful under the laws of the place in which it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State) and that involves any of the following: (I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). (II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to carry out or abstain from carrying out any act as an explicit or implicit condition for the release of the individual seized or detained. (III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such person. (IV) An assassination. (V) The use, with the intent to endanger the safety of 1 or more individuals or to cause substantial damage to property, of any— (aa) biological agent, chemical agent, or nuclear weapon or device; or (bb) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property. (VI) A threat, attempt, or conspiracy to do any of the foregoing. (iii) Engage in terrorist activity defined In this Act, the term engage in terrorist activity means, in an individual capacity or as a member of an organization— (I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity; (II) to prepare or plan a terrorist activity; (III) to gather information on potential targets for terrorist activity; (IV) to solicit funds or other things of value for— (aa) a terrorist activity; or (bb) a terrorist organization described in subclause (I) or (II) of clause (vi)(II); (V) to solicit any individual— (aa) to engage in conduct otherwise described in this subsection; or (bb) for membership in a terrorist organization described in subclause (I) or (II) of clause (vi); or (VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training— (aa) for the commission of a terrorist activity; (bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity; or (cc) to a terrorist organization described in subclause (I) or (II) of clause (vi) or to any member of such an organization. (iv) Material support In this Act, the term material support means support that is significant and of a kind directly relevant to terrorist activity. (v) Representative defined In this paragraph, the term representative includes an officer, official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity. (vi) Terrorist organization defined In this section, the term terrorist organization means an organization— (I) designated under section 219; or (II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General or the Secretary of Homeland Security, as a terrorist organization, after finding that the organization engages in the activities described in subclauses (I) through (VI) of clause (iv). . (b) Child soldiers (1) Inadmissibility Section 212(a)(3)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(G) ) is amended— (A) by striking Any alien and inserting the following: (i) In general Any alien ; and (B) by adding at the end the following: (ii) Applicability Clause (i) shall not apply to an alien who establishes that the actions giving rise to inadmissibility under such clause were committed under duress or carried out while the alien was younger than 18 years of age. . (2) Deportability Section 237(a)(4)(F) of such Act ( 8 U.S.C. 1227(a)(4)(F) ) is amended— (A) by striking Any alien and inserting the following: (i) In general Any alien ; and (B) by adding at the end the following: (ii) Applicability Clause (i) shall not apply to an alien who establishes that the actions giving rise to deportability under such clause were committed under duress or carried out while the alien was younger than 18 years of age. . (c) Temporary admission of nonimmigrants Section 212(d)(3)(B)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(3)(B)(i) ) is amended to read as follows: (B) (i) The Secretary of State, after consultation with the Attorney General and the Secretary of Homeland Security, or the Secretary of Homeland Security, after consultation with the Secretary of State and the Attorney General, may conclude, in such Secretary's sole, unreviewable discretion, that subsection (a)(3)(B) shall not apply to an alien or that subsection (a)(3)(B)(iii)(V)(cc) shall not apply to a group. The Secretary of State may not exercise discretion under this clause with respect to an alien after removal proceedings against the alien have commenced under section 240. . 1322. Protection for aliens interdicted at sea (a) In general Section 241(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3) ), as amended by section 1105, is amended— (1) in the paragraph heading, by striking to a country where alien’s life or freedom would be threatened and inserting or return if refugee’s life or freedom would be threatened or alien would be subjected to torture ; (2) in subparagraph (A)— (A) by striking Notwithstanding and inserting the following: (i) Life or freedom threatened Notwithstanding ; and (B) by adding at the end the following: (ii) Asylum interview Notwithstanding paragraphs (1) and (2), a United States officer may not return any alien interdicted or otherwise encountered in international waters or United States waters who has expressed a fear of return to his or her country of departure, origin, or last habitual residence— (I) until such alien has been granted a confidential interview by an asylum officer, in a language the alien claims to understand, to determine whether that alien has a well-founded fear of persecution because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion, or because the alien would be subject to torture in that country; or (II) if an asylum officer has determined that the alien has such a well-founded fear of persecution or would be subject to torture in his or her country of departure, origin, or last habitual residence. ; (3) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and (4) by inserting after subparagraph (A) the following: (B) Protections for aliens interdicted in international or United States waters The Secretary of Homeland Security shall issue regulations establishing a uniform procedure applicable to all aliens interdicted in international or United States waters that— (i) provides each alien— (I) a meaningful opportunity to express, through a translator who is fluent in a language the alien claims to understand, a fear of return to his or her country of departure, origin, or last habitual residence; and (II) in a confidential interview and in a language the alien claims to understand, information concerning the alien’s interdiction, including the ability of the alien to inform United States officers about any fears relating to the alien’s return or repatriation; (ii) provides each alien expressing such a fear of return or repatriation a confidential interview conducted by an asylum officer, in a language the alien claims to understand, to determine whether the alien’s return to his or her country of departure, origin, or last habitual residence is prohibited because the alien has a well-founded fear of persecution— (I) because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion; or (II) because the alien would be subject to torture in that country; (iii) ensures that each alien can effectively communicate with United States officers through the use of a translator fluent in a language the alien claims to understand; and (iv) provides each alien who, according to the determination of an asylum officer, has a well-founded fear of persecution for the reasons specified in clause (ii), or who would be subject to torture, an opportunity to seek protection in— (I) a country other than the alien’s country of departure, origin, or last habitual residence in which the alien has family or other ties that will facilitate resettlement; or (II) if the alien has no such ties, a country that will best facilitate the alien’s resettlement, which may include the United States. . (b) Conforming amendments (1) Section 240A(c)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(c)(5) ) is amended by striking section 241(b)(3)(B)(i) and inserting section 241(b)(3)(C)(i) . (2) Section 242(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1252(b)(4) ) is amended, in the undesignated matter following subparagraph (D), by striking 241(b)(3)(C) and inserting 241(b)(3)(D) . 1323. Enhanced protection for individuals seeking U visas, T visas, and protection under VAWA (a) Employment authorization for T visa applicants Section 214(o) ( 8 U.S.C. 1184(o) ) is amended by adding at the end the following: (8) Notwithstanding any provision of this Act granting eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to an alien who has filed a petition for nonimmigrant status under section 101(a)(15)(T) on the date that is the earlier of— (A) the date on which the alien’s petition for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which such alien filed such petition. . (b) Increased accessibility and employment authorization for U visa applicants Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended— (1) in paragraph (2)(A), by striking 10,000 and inserting 20,000 ; (2) in paragraph (6), by striking the last sentence; and (3) by adding at the end the following: (8) Employment authorization Notwithstanding any provision of this Act granting eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to an alien who has filed an application for nonimmigrant status under section 101(a)(15)(U) on the date that is the earlier of— (A) the date on which the alien’s application for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which such alien filed such application. . (c) Prohibition on removal of certain victims with pending petitions and applications (1) In general Section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) is amended— (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following: (e) Prohibition on removal of certain victims with pending petitions and applications (1) In general An alien described in paragraph (2) shall not be removed from the United States under this section or any other provision of law until there is a final denial of the alien’s application for status after the exhaustion of administrative and judicial review. (2) Aliens described An alien described in this paragraph is an alien who— (A) has a pending application or petition under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending application for relief under a provision referred to in any of subparagraphs (A) through (G) of such section. . (2) Conforming amendment Section 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) ) is amended by striking subsection (e)(1) and inserting subsection (f) . (d) Prohibition on detention of certain victims with pending petitions and applications Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Prohibition on detention of certain victims with pending petitions and applications (1) Presumption of release (A) In general Notwithstanding any other provision of this Act, there shall be a presumption that an alien described in paragraph (2) should be released from detention. (B) Rebuttal The Secretary of Homeland Security may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that— (i) the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings; or (ii) the alien is a threat to another person or the community. (C) Pending criminal charge A pending criminal charge against an alien may not be the sole factor to justify the continued detention of the alien. (2) Alien described An alien described in this paragraph is an alien who— (A) has a pending application under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending petition for relief under a provision referred to in any of subparagraphs (A) through (G) of such section. . D Protections relating to removal, detention, and prosecution 1401. Prevention of erroneous in absentia orders of removal (a) Written record of address Section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ) is amended— (1) in paragraph (1)(F), by inserting the Secretary of Homeland Security or before the Attorney General each place such term appears; and (2) in paragraph (2)(A) by striking the alien or to the alien’s counsel of record and inserting the alien and to the alien’s counsel of record. . (b) Removal in absentia and rescission of removal orders Section 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ), as amended by section 1203, is further amended— (1) in paragraph (5)— (A) by amending subparagraph (A) to read as follows: (A) Removal in absentia (i) In general Any alien who, after a proceeding under this section is rescheduled by an immigration judge due to the alien’s failure to attend such proceeding, and written notice required under paragraph (1) or (2) of section 239(a) has been provided to the alien and the alien’s counsel of record, does not attend a proceeding under this section, may be ordered removed in absentia if the Department of Homeland Security establishes by clear, unequivocal, and convincing evidence that— (I) sufficient written notice was so provided; (II) the alien is removable; and (III) in the case of an alien required to periodically report to the Department of Homeland Security, the alien has demonstrated a pattern of failing to report. (ii) Sufficient notice The written notice by the Secretary of Homeland Security or the Attorney General shall be considered sufficient for purposes of this subparagraph if— (I) the notice includes— (aa) the accurate date, time, and court location at which the alien is required to appear; and (bb) the date on which the notice was issued; (II) the notice is provided at the most recent complete physical address provided under section 239(a); and (III) the certificate of service for the notice indicates that oral notice and a recitation of the consequences of failure to appear were provided— (aa) in the native language of the alien; or (bb) in a language the alien understands. ; and (B) by amending paragraph (C) to read as follows: (C) Rescission of order (i) In general Such an order may be rescinded only— (I) upon a motion to reopen filed at any time after the date of the order of removal if the alien demonstrates that the failure to appear was because of exceptional circumstances; (II) upon a motion to reopen filed at any time if the alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or (2) of section 239(a) or the alien demonstrates that the alien was in Federal or State custody and the failure to appear was through no fault of the alien; (III) in the case of an alien who is a minor child, upon a motion to reopen filed at any time; or (IV) upon a motion to reopen filed at any time if the alien has a pending application for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or demonstrates that he or she has a credible claim to any such protection. (ii) Stay of removal The filing of the motion to reopen described in clause (i) shall stay the removal of the alien pending disposition of the motion by the immigration judge. ; and (2) by adding at the end the following: (9) Check-in history Before an immigration judge conducts a proceeding under this section, the Secretary of Homeland Security shall report to the immigration judge the extent to which the alien has complied with any requirement to report periodically the whereabouts of the alien to the Secretary of Homeland Security. . 1402. Scope and standard for review of removal orders Section 242(b) of the Immigration and Nationality Act ( 8 U.S.C. 1252(b) ) is amended— (1) in paragraph (1)— (A) by striking The petition and inserting the following: (A) In general The petition ; and (B) by adding at the end the following: (B) Prohibition on removal An alien shall not be removed during such 30-day period unless the alien indicates in writing that he or she wishes to be removed before the expiration of such period. . (2) by striking paragraph (4) and inserting the following: (4) Scope and standard for review (A) In general Except as provided in paragraph (5)(B), the court of appeals shall sustain a final decision ordering removal unless it is contrary to law, an abuse of discretion, or not supported by substantial evidence. (B) Decision based on administrative record The court of appeals shall decide the petition based solely on the administrative record on which the order of removal is based. (C) Availability of review (i) In general The court of appeals shall maintain jurisdiction to review discretionary determinations arising in a claim for asylum. (ii) Jurisdiction over denials Notwithstanding section 242(a)(2)(C), the court of appeals shall maintain jurisdiction to review all denials of requests for withholding of removal under to section 241(b)(3) or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. . 1403. Presumption of liberty for asylum seekers (a) Custody determination (1) Initial determination (A) In general With respect to an alien who has expressed fear of returning to his or her home country or an intent to apply for asylum in the United States, the Secretary shall make an initial written custody determination with respect to the alien and provide the determination to the alien not later than 48 hours after, as applicable— (i) the Secretary takes the alien into custody; or (ii) in the case of an alien already in the custody of the Secretary, the alien expresses such fear or intent. (B) Least restrictive conditions A custody determination under this paragraph shall impose the least restrictive conditions if the Secretary determines that the release of an alien— (i) will not reasonably ensure the appearance of the alien as required; or (ii) will endanger the safety of any other person or the community. (C) Applicability This paragraph shall not apply to unaccompanied alien children (as defined in section 462(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 279g )). (2) Presumption of release (A) In general In a hearing under this subsection, there shall be a presumption that the alien should be released. (B) Rebuttal The Secretary may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that— (i) the use of alternatives to detention, including release on recognizance or on a reasonable bond, will not reasonably ensure the appearance of the alien at removal proceedings; or (ii) the alien is a threat to another person or the community. (C) Pending criminal charge A pending criminal charge against an alien may not be the sole factor to justify the continued detention of the alien. (D) Evidence of identity The inability of an alien to reasonably provide government-issued evidence of identity, including the inability of the alien to contact the government of the country of nationality of the alien so as not to alert such government of the whereabouts of the alien, may not be the sole factor to justify the continued detention of the alien. (E) Pre-existing community ties A lack of pre-existing community ties in the United States shall not preclude the release of an alien. (b) Least restrictive conditions required (1) In general If the Secretary or an immigration judge determines, pursuant to a hearing under this section, that the release of an alien will not reasonably ensure the appearance of the alien as required or will endanger the safety of any other person or the community, the Secretary or the immigration judge shall order the least restrictive conditions or combination of conditions that the Secretary or judge determines will reasonably ensure the appearance of the alien and the safety of any other person and the community, which may include— (A) release on recognizance; (B) secured or unsecured release on bond; or (C) participation in a program described in subsection (d). (2) Monthly review Any condition assigned to an alien under paragraph (1) shall be reviewed by an immigration judge on a monthly basis. (c) Special rule for vulnerable persons and primary caregivers (1) In general In the case that the alien who is the subject of a custody determination under this section is a vulnerable person or a primary caregiver, the alien may not be detained unless the Secretary demonstrates, in addition to the requirements under subsection (a)(2), that it is unreasonable or not practicable to place the individual in a community-based supervision program. (2) Definitions In this subsection: (A) Material witness The term material witness means an individual who presents a declaration to an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. (B) Primary caregiver The term primary caregiver means a person who is established to be a caregiver, parent, or close relative caring for or traveling with a child. (C) Vulnerable person The term vulnerable person means an individual who— (i) is under 21 years of age or over 60 years of age; (ii) is pregnant; (iii) identifies as lesbian, gay, bisexual, transgender, or intersex; (iv) is a victim or witness of a crime; (v) has filed a nonfrivolous civil rights claim in Federal or State court; (vi) has filed, or is a material witness to, a bonafide workplace claim; (vii) has a serious mental or physical illness or disability; (viii) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) to have a credible fear of persecution or torture; (ix) has limited English language proficiency and is not provided access to appropriate and meaningful language services in a timely fashion; or (x) has been determined by an immigration judge or the Secretary of Homeland Security to be experiencing severe trauma or to be a survivor of torture or gender-based violence, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting. (D) Workplace claim The term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination. (d) Alternatives to detention (1) In general The Secretary shall establish programs that provide alternatives to detaining aliens, which shall offer a continuum of supervision mechanisms and options, including community-based supervision programs and community support. (2) Contracts with nongovernmental organizations The Secretary shall contract with nongovernmental community-based organizations to provide services for programs under paragraph (1), including case management services, appearance assistance services, and screenings of detained aliens. (3) Individualized determination required (A) In general In determining whether to order an alien to participate in a program under this subsection, the Secretary or an immigration judge, as applicable, shall make an individualized determination with respect to the appropriate level of supervision for the alien. (B) Limitation Participation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance— (i) will reasonably ensure the appearance of the alien as required; and (ii) will not pose a threat to any other person or the community. (e) Regular review of custody determinations and conditions of release (1) Timing In the case of an alien who seeks to challenge the initial custody determination under subsection (a)(1), not later than 72 hours after the initial custody determination, the alien shall be provided with the opportunity for a hearing before an immigration judge to determine whether the alien should be detained. (2) Subsequent determinations An alien who is detained under this section shall be provided with a de novo custody determination hearing under this subsection— (A) every 60 days; and (B) on a showing of— (i) changed circumstances; or (ii) good cause for such a hearing. 1404. Procedures for ensuring accuracy and verifiability of sworn statements taken pursuant to expedited removal authority (a) In general The Secretary shall establish quality assurance procedures to ensure the accuracy and verifiability of signed or sworn statements taken by employees of the Department exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ). (b) Recording of interviews (1) In general Any sworn or signed written statement taken from an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(A) ) shall be accompanied by a recording of the interview that served as the basis for such sworn statement. (2) Content The recording shall include— (A) a reading of the entire written statement to the alien in a language that the alien claims to understand; and (B) the verbal affirmation by the alien of the accuracy of— (i) the written statement; or (ii) a corrected version of the written statement. (3) Format The recording shall be made in video, audio, or other equally reliable format. (4) Evidence Recordings of interviews under this subsection may be considered as evidence in any further proceedings involving the alien. (c) Exemption authority (1) Exempted facilities Subsection (b) shall not apply to interviews that occur at detention facilities exempted by the Secretary under this subsection. (2) Criteria The Secretary, or a designee of the Secretary, may exempt any detention facility if compliance with subsection (b) at that facility would impair operations or impose undue burdens or costs. (3) Report The Secretary shall annually submit to Congress a report that identifies the facilities that have been exempted under this subsection. (4) No private cause of action Nothing in this subsection may be construed to create a private cause of action for damages or injunctive relief. (d) Interpreters The Secretary shall ensure that a professional fluent interpreter is used if— (1) the interviewing officer is not certified by the Department to speak a language understood by the alien; and (2) there is no other Federal Government employee available who is able to interpret effectively, accurately, and impartially. 1405. Inspections by immigration officers Section 235(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1225(a)(3) ) is amended— (1) by striking All aliens and inserting the following: (A) In general All aliens; ; and (2) by adding at the end the following: (B) An immigration officer shall accept for inspection, and may not turn back, expel, instruct to return at a later time, refuse to inspect, or otherwise reject in any manner whatsoever, an applicant for admission who indicates— (i) an intent to apply for asylum under section 208; or (ii) a fear of persecution. (C) Special rule for asylum seekers A noncitizen may not be returned to a contiguous country if the noncitizen indicates an intent to apply for asylum or a fear of persecution. . 1406. Study on effect on asylum claims of expedited removal provisions, practices, and procedures (a) Study (1) In general The Commission shall conduct a study to determine whether immigration officers are engaging in conduct described in paragraph (2). (2) Conduct described The conduct described in this paragraph is the following: (A) Improperly encouraging an alien to withdraw or retract an asylum claim. (B) Incorrectly failing to refer an alien for an interview by an asylum officer to determine whether the alien has a credible fear of persecution, including failing to record the expression of an alien of fear of persecution or torture. (C) Incorrectly removing an alien to a country in which the alien may be persecuted. (D) Detaining an alien improperly or under inappropriate conditions. (E) Improperly separating a family unit after a member of the family unit has expressed a credible fear of persecution. (F) Improperly referring an alien for processing under an enforcement or deterrence program, such as the consequence delivery system. (b) Report Not later than 2 years after the date on which the Commission initiates the study under subsection (a), the Commission shall submit to the appropriate committees of Congress a report describing the results of the study. (c) Staffing (1) Agency employees (A) Identification The Commission may identify employees of the Department of Homeland Security, the Department of Justice, and the Government Accountability Office who have significant expertise and knowledge of refugee and asylum issues. (B) Designation At the request of the Commission, the Secretary, the Attorney General, and the Comptroller General of the United States shall authorize the employees identified under subparagraph (A) to assist the Commission in conducting the study under subsection (a). (2) Additional staff The Commission may hire additional staff and consultants to conduct the study under subsection (a). (3) Access to proceedings (A) In general Except as provided in subparagraph (B), the Secretary and the Attorney General shall provide staff designated under paragraph (1)(B) or hired under paragraph (2) with unrestricted access to all stages of all proceedings conducted under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ). (B) Exceptions The Secretary and the Attorney General may not permit unrestricted access under subparagraph (A) if— (i) the alien subject to a proceeding under such section 235(b) objects to such access; or (ii) the Secretary or Attorney General determines that the security of a particular proceeding would be threatened by such access. (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Foreign Affairs of the House of Representatives. (2) Commission The term Commission means the United States Commission on International Religious Freedom. (3) Credible fear of persecution The term credible fear of persecution has the meaning given the term in section 235(b)(1)(B)(v) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B)(v) ). (4) Immigration officer The term immigration officer means an immigration officer performing duties under section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ) with respect to aliens who— (A) are apprehended after entering the United States; (B) may be eligible to apply for asylum under section 208 of that Act ( 8 U.S.C. 1158 ); or (C) may have a credible fear of persecution. 1407. Alignment with Refugee Convention obligations by prohibiting criminal prosecution of refugees (a) In general An alien who has expressed a credible or reasonable fear of persecution, filed an application for asylum, withholding of removal, or protection under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, or expressed an intent to file such an application, may not be prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) , 1326(a)) until the earlier of— (1) the date on which any such application has been finally adjudicated and denied, including any appeals of such denial; or (2) in the case of an alien who expresses an intent to file such an application, the date on which any applicable time limitation for the filing of such an application under section 208 of such Act has ended with an application being filed. (b) Affirmative defense If an alien is prosecuted under section 275(a) or 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1325(a) and 1326(a)) in violation of subsection (a), it shall be a defense that the alien has expressed a credible or reasonable fear of persecution, has filed an application for asylum or another form of protection, and such application has not been finally adjudicated and denied, including any appeals of such denial. (c) Treaty obligations In accordance with the treaty obligations of the United States under Article 31 of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)), an alien who has been granted asylum or withholding of removal under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) may not be prosecuted under section 275(a) or 276(a) of that Act ( 8 U.S.C. 1325(a) and 1326(a)). E Refugee resettlement 1501. Sense of Congress on coordination of refugee program agencies It is the sense of the Congress that— (1) the President should appoint a White House Coordinator on Refugee Protection and grant such official the authority and staff necessary to coordinate, prioritize, and lead efforts to address refugee protection issues that involve multiple agencies, including the refugee admissions program, and to resolve interagency differences in a timely, efficient, and effective manner; and (2) such position should be at a senior level and require as a condition for appointment a significant level of prior experience in the refugee protection field. 1 Refugee Admissions 1511. Numerical goals for annual refugee admissions Section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) is amended— (1) in subsection (a)— (A) by striking paragraph (1); (B) by redesignating paragraphs (2) and (4) as paragraphs (1) and (6), respectively; (C) in paragraph (1), as so redesignated— (i) by inserting (A) before Except as provided ; (ii) by striking after fiscal year 1982 ; (iii) by striking is justified and all that follows through interest. and inserting the following: (i) justified by humanitarian concerns or otherwise in the national interest; and (ii) not fewer than 125,000. ; and (iv) by adding at the end the following: (B) If the President does not issue a determination under this paragraph before the beginning of a fiscal year, the number of refugees who may be admitted under this section shall be 125,000. (2) Each officer of the Federal Government responsible for refugee admissions or refugee resettlement shall treat a determination under paragraph (1) and subsection (b) as the numerical goals for refugee admissions under this section for the applicable fiscal year. ; (D) by inserting after paragraph (3) the following: (4) In making a determination under paragraph (1), the President shall consider the number of refugees who, during the calendar year beginning immediately after the beginning of the applicable fiscal year, are in need of resettlement in a third country, as determined by the United Nations High Commissioner for Refugees in the most recently published projected global resettlement needs report. (5) The President shall determine regional allocations for admissions under this subsection, that— (A) shall consider the projected needs identified by the United Nations High Commissioner for Refugees in the projected global resettlement needs report for the calendar year beginning immediately after the beginning of the applicable fiscal year; and (B) shall include an unallocated reserve that the Secretary of State, after notifying the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, may use for 1 or more regions in which the need for additional refugee admissions arises. ; (E) in paragraph (6), as so redesignated, by striking (beginning with fiscal year 1992) ; and (F) by adding at the end the following: (7) All officers of the Federal Government responsible for refugee admissions or refugee resettlement shall treat the determinations made under this subsection and subsection (b) as the refugee admissions goal for the applicable fiscal year. ; and (2) by adding at the end the following: (g) Quarterly reports on admissions Not later than 15 days after the last day of each quarter, the President shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes the following: (1) Refugees admitted (A) The number of refugees admitted to the United States during the preceding quarter. (B) The number of refugees admitted to the United States during the preceding quarter, expressed as a percentage of the number of refugees authorized to be admitted in accordance with the determinations under subsections (a) and (b) for the applicable fiscal year. (C) The cumulative number of refugees admitted to the United States during the applicable fiscal year, as of the last day of the preceding quarter. (D) The number of refugees to be admitted to the United States during the remainder of the applicable fiscal year so as to achieve the numerical goals set forth in the determinations under subsections (a) and (b) for such fiscal year. (E) The number of refugees from each region admitted to the United States during the preceding quarter, expressed as a percentage of the allocation for each region under subsection (a)(5) for the applicable fiscal year. (2) Aliens with security advisory opinions (A) The number of aliens, by nationality, for whom a Security Advisory Opinion has been requested who were security-cleared during the preceding quarter, expressed as a percentage of all cases successfully adjudicated by the Director of U.S. Citizenship and Immigration Services in the applicable fiscal year. (B) The number of aliens, by nationality, for whom a Security Advisory Opinion has been requested who were admitted to the United States during the preceding quarter. (3) Circuit rides (A) For the preceding quarter— (i) the number of Refugee Corps officers deployed on circuit rides, expressed as a percentage of the overall number of Refugee Corps officers; (ii) the number of individuals interviewed— (I) on each circuit ride; and (II) at each circuit ride location; (iii) the number of circuit rides; and (iv) for each circuit ride— (I) the duration of the circuit ride; (II) the average number of interviews conducted daily on the circuit ride; and (III) the percentages of interviews conducted for— (aa) individuals who require Security Advisory Opinions; and (bb) individuals who do not require Security Advisory Opinions. (B) For the subsequent quarter— (i) the number of circuit rides scheduled; and (ii) the number of circuit rides planned. (4) Processing For the preceding quarter— (A) the average number of days between— (i) the date on which an individual is identified by the United States Government as a refugee; and (ii) the date on which such individual is interviewed by the Secretary of Homeland Security; (B) the average number of days between— (i) the date on which an individual identified by the United States Government as a refugee is interviewed by the Secretary of Homeland Security; and (ii) the date on which such individual is admitted to the United States; and (C) with respect to individuals identified by the United States Government as refugees who have been interviewed by the Secretary of Homeland Security, the approval, denial, and hold rates for the applications for admission of such individuals, by nationality. (5) Plan and additional information (A) A plan that describes the procedural or personnel changes necessary to ensure the admission of the number of refugees authorized to be admitted to the United States in accordance with determinations under subsections (a) and (b), including a projection of the number of refugees to be admitted to the United States each month so as to achieve the numerical goals set forth in such determinations. (B) Additional information relating to the pace of refugee admissions, as determined by the President. (h) Rule of construction Nothing in this section may be construed— (1) to inhibit the expeditious processing of refugee and asylum applications; (2) to restrict the authority of the Secretary of Homeland Security to admit aliens to the United States under any other Act; or (3) to prevent the executive branch from increasing the numerical goal of refugee admissions or regional allocations based on emerging or identified resettlement needs during and throughout the fiscal year. . 1512. Reform of refugee admissions consultation process Section 207(e) of the Immigration and Nationality Act ( 8 U.S.C. 1157(e) ) is amended— (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively; (2) in the matter preceding subparagraph (A), as so redesignated— (A) by inserting (1) after (e) ; and (B) by inserting , which shall be commenced not later than May 1 of each year and continue periodically throughout the remainder of the year, if necessary, after discussions in person ; (3) in the undesignated matter following subparagraph (G), as so redesignated, by striking To the extent possible, and inserting the following: (2) To the extent possible ; and (4) by adding at the end the following: (3) (A) The plans referred to in paragraph (1)(C) shall include estimates of— (i) the number of refugees the President expects to have ready to travel to the United States at the beginning of the fiscal year; (ii) the number of refugees and the stipulated populations the President expects to admit to the United States in each quarter of the fiscal year; and (iii) the number of refugees the President expects to have ready to travel to the United States at the end of the fiscal year. (B) The Secretary of Homeland Security shall ensure that an adequate number of refugees are processed during the fiscal year to fulfill the refugee admissions goals under subsections (a) and (b). (C) In fulfilling the requirements of this subsection, the President shall— (i) establish specific objectives or measurements for the integration of refugees admitted to the United States; and (ii) submit an annual report to Congress on the integration of resettled refugees on the basis of such objectives or measurements. . 1513. United States emergency refugee resettlement contingency fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Domestic Emergency Refugee Resettlement Contingency Fund (referred to in this section as the Fund ), to be administered by the Assistant Secretary of the Office of Refugee Resettlement (referred to in this section as the Assistant Secretary ) for the purpose described in subsection (b) and to remain available until expended. (b) Purpose Amounts from the Fund shall be used to enable the Assistant Secretary to operate programs and carry out efforts and initiatives to respond to urgent, unanticipated, or underfunded refugee and entrant assistance activities under— (1) the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ); (2) section 602(b) of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note); (3) section 501 of the Refugee Education Assistance Act of 1980 ( Public Law 96–422 ; 8 U.S.C. 1522 note); (4) the Torture Victims Relief Act of 1998 ( Public Law 105–320 ; 22 U.S.C. 2152 note); (5) the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7101 et seq. ); (6) section 1244 of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note); (7) section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 ); and (8) section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ). (c) Use of funds Amounts from the Fund— (1) shall be subject to the same limitations set forth in title V of division H of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1619) as are applicable to funds appropriated for the Department of Health and Human Services under such Act; and (2) may only be used for initiatives that— (A) replenish any previously appropriated funds that have been reprogrammed, transferred, or withheld from programs, projects, or activities that serve refugees and entrants under the authorities described in subsection (b); (B) stabilize existing programs, projects, and activities that serve such refugees and entrants by augmenting funds previously appropriated to serve such refugees and entrants; (C) identify unmet resettlement or integration needs of such refugees and entrants and implement solutions for such needs; and (D) meet such other needs as the Assistant Secretary considers appropriate, consistent with the purpose under subsection (b). (3) Protection from reprogramming Notwithstanding any other provision of law, none of the amounts deposited into or made available from the Fund may be transferred, reprogrammed, or otherwise made available for any purpose or use not specified in this section. (d) Availability of funds Amounts in the Fund shall be available to the Assistant Secretary to meet the purpose described in subsection (b) in the national interest of the United States, as determined by the Assistant Secretary. (e) Authorization of appropriations (1) In general Subject to paragraph (2), there is authorized to be appropriated to the Assistant Secretary from time to time such amounts as may be necessary for the Fund to carry out the purpose described in subsection (b). (2) Limitation No amount of funds may be appropriated that, when added to amounts previously appropriated but not yet obligated, would cause such amount to exceed $300,000,000. (3) Justification to Congress The President shall provide to the appropriate committees of Congress a justification for each request for appropriations under this section. 1514. Complementary pathways (a) Sense of Congress It is the sense of Congress that any complementary pathways program described in subsection (b) should be in addition to, and not in lieu of, the United States Refugee Admissions Program. (b) Study Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on, and make recommendations pertaining to, complementary pathways to protection in the United States, including scholastic resettlement and labor mobility programs or other parallel systems for admitting refugees and individuals fleeing violence and persecution. 2 Resettlement program and support 1521. Elevation of Office of Refugee Resettlement (a) In general Section 411(a) of the Immigration and Nationality Act ( 8 U.S.C. 1521(a) ) is amended by striking the second sentence and inserting the following: The head of the Office of Refugee Resettlement in the Department of Health and Human Services shall be an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (hereinafter in this chapter referred to as the Assistant Secretary ), to be appointed by the President, and to report directly to the Secretary. . (b) Conforming amendments (1) Section 411(b) of the Immigration and Nationality Act ( 8 U.S.C. 1521(b) ) is amended by striking Director and inserting Assistant Secretary . (2) Section 412 of the Immigration and Nationality Act ( 8 U.S.C. 1522 ) is amended by striking Director each place it appears and inserting Assistant Secretary . (3) Section 413 of the Immigration and Nationality Act ( 8 U.S.C. 1523 ) is amended by striking Director each place it appears and inserting Assistant Secretary . (4) Section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ) is amended by striking Director each place it appears and inserting Assistant Secretary . (c) References Any reference to the Director of the Office of Refugee Resettlement in any other Federal law, Executive order, rule, regulation, operating instruction, or delegation of authority, or any document of or pertaining to the Department of Health and Human Services or the Office of Refugee Resettlement that refers to the Director of the Office of Refugee Resettlement, shall be deemed to refer to the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. 1522. Refugee resettlement; radius requirements The Bureau of Population, Refugees, and Migration shall not require a refugee to be resettled within a prescribed radius of a refugee resettlement office. 1523. Study and report on contributions by refugees to the United States (a) In general Not later than 2 years after the date of the enactment of this Act, and not less frequently than every 5 years thereafter, the Comptroller General of the United States shall conduct a study on the economic, social, and other contributions that refugees make to the United States. (b) Matters To be included The study conducted under subsection (a) shall include the following: (1) An assessment of economic contributions made by refugees, including— (A) during the first year, 5 years, 10 years, and 20 years following the arrival of a refugee in the United States— (i) a description of industries in which the most refugees work; (ii) an analysis of the economic and spending power of refugees; (iii) the rate of home ownership of refugees; (iv) the estimated net amount of revenue refugees contribute to the United States, as compared to the cost of government benefits accessed by refugees; and (v) the estimated gross amount of taxes refugees contribute; (B) the estimated rate of entrepreneurship of refugees during the first year, 5 years, 10 years, and 20 years after the arrival of a refugee; (C) the number of jobs created by refugee businesses; and (D) the labor markets for which refugees fill critical gaps. (2) An assessment of the rate of refugee self-sufficiency and a description of unmet needs and outcomes, including— (A) the manner in which the Office of Refugee Resettlement defines self-sufficiency; (B) an assessment as to whether such definition is adequate in addressing refugee needs in the United States; (C) an analysis of the unmet needs and outcomes of refugees; and (D) an evaluation of the budgetary resources of the Office of Refugee Resettlement and a projection of the amount of additional resources necessary to fully address the unmet needs of refugees and all other populations within the mandate of the Office of Refugee Resettlement, with respect to self-sufficiency. (3) Recommendations on ways in which the Office of Refugee Resettlement may improve the rate of self-sufficiency, outcomes, and the domestic refugee program with respect to the matters assessed under paragraphs (1) and (2). (c) Report Not later than 30 days after the date on which a study under subsection (a) is completed, the Comptroller General shall submit to Congress a report that describes the results of the study. 1524. Update of reception and placement grants (a) In general Beginning with fiscal year 2023, not later than 30 days before the beginning of each fiscal year, the Secretary of State shall notify Congress of the amount of funds that the Secretary of State plans to provide to national resettlement agencies in reception and placement grants during the following fiscal year. (b) Requirements In setting the amount of such grants, the Secretary of State shall ensure that— (1) the grant amount for each fiscal year is adjusted to provide adequately for the anticipated initial resettlement needs of refugees, including adjusting the amount for inflation and the cost of living; (2) 100 percent of administrative per capita based on an approved consolidated placement plan is provided at the beginning of the fiscal year to each national resettlement agency to ensure adequate local and national capacity to serve the initial resettlement needs of the number of refugees the Secretary of State anticipates each such resettlement agency will resettle during the fiscal year; and (3) additional amounts are provided to each national resettlement agency promptly on the arrival of refugees that, exclusive of the amounts provided under paragraph (2), are sufficient to meet the anticipated initial resettlement needs of such refugees and support local and national operational costs in excess of the estimates described in paragraph (1). (c) Duration of reception and placement services With respect to individuals eligible to receive reception and placement grants, the reception and placement period shall be not less than 1 year. 1525. Subsidy reception and placement grant to support unanticipated economic and public health needs The Secretary of State shall develop and implement methods and programs to support a subsidizing line item to supplement the reception and placement grant to account for unanticipated needs of refugees, such as for economic and public health crises that necessitate additional support. 1526. Resettlement data Section 412(a) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a) ) is amended— (1) in paragraph (2)(A), by inserting , and shall consider data collected under paragraph (11) before the period at the end; and (2) by adding at the end the following: (11) (A) The Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (referred to in this section as the Assistant Secretary ) shall expand the data analysis, collection, and sharing activities of the Office of Refugee Resettlement. (B) The Assistant Secretary shall coordinate with the Centers for Disease Control, national resettlement agencies, community-based organizations, and State refugee health programs to track national and State trends with respect to refugees arriving with Class A medical conditions and other urgent medical needs. In collecting information under this paragraph, the Assistant Secretary shall use initial refugee health screening data (including any history of severe trauma, torture, mental health symptoms, depression, anxiety, and post-traumatic stress disorder) recorded during domestic and international health screenings, and data on the rate of use of refugee medical assistance. The Assistant Secretary shall examine the information sharing process from country of arrival through refugee resettlement to determine if access to additional mental health data could help determine placements and enable agencies to better prepare to meet refugee mental health needs. (C) The Assistant Secretary shall partner with State refugee programs, community-based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including— (i) the number of refugees who rent apartments or houses and who own condominiums or houses; and (ii) the number of refugees who have become homeless and the number at severe risk of becoming homeless. (D) (i) Beginning on the fifth year after arrival of a refugee and every 5 years thereafter until the end of the 20th year after arrival, the Assistant Secretary shall, to the extent practicable, gather longitudinal information relating to refugee self-sufficiency and economic contributions to the United States including employment status, earnings and advancement. (ii) The longitudinal study shall consider additional factors related to self-sufficiency and integration, including family self-sufficiency and caretaking, barriers to and opportunities for integration of the children of refugees and their descendants, and elderly resettled refugees. (E) Not less frequently than annually, the Assistant Secretary shall— (i) update the data collected under this paragraph; (ii) submit to Congress a report on such data; and (iii) not later than 270 days after the end of the fiscal year following the year for which the data was collected, make the data available to the public on the website of the Office of Refugee Resettlement. . 1527. Refugee assistance (a) Amendments to social services funding Section 412(c)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1522(c)(1)(B) ) is amended to read as follows: (B) The funds available for a fiscal year for grants and contracts under subparagraph (A) shall be allocated among the States based on a combination of— (i) the total number or refugees (including children and adults) who arrived in the United States not more than 36 months before the beginning of such fiscal year and are actually residing in each State (taking into account secondary migration) as of the beginning of the fiscal year; (ii) the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year; and (iii) projections on the number, projections on regional allocations, and information on the nature of incoming refugees and other populations, such as demographics, case management or medical needs, served by the Office during the subsequent fiscal year. . (b) Report on secondary migration Section 412(a)(3) of such Act ( 8 U.S.C. 1522(a)(3) ) is amended— (1) in the first sentence, by striking a periodic and inserting an annual ; and (2) by adding at the end the following: At the end of each fiscal year, the Assistant Secretary shall submit to Congress a report that describes the findings of the assessment, including a list of States and localities experiencing departures and arrivals due to secondary migration, likely reasons for migration, the impact of secondary migration on States receiving secondary migrants, availability of social services for secondary migrants in such States, and unmet needs of those secondary migrants. . (c) Assistance made available to secondary migrants Section 412(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1522(a)(1) ) is amended by adding at the end the following: (C) In providing assistance under this section, the Assistant Secretary shall ensure that such assistance is also provided to refugees who are secondary migrants and meet all other eligibility requirements for such services. . (d) Refugees needing specialized medical care or preparation Section 412(b)(4)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1522(b)(4)(B) ) is amended by inserting requiring specialized care or preparation before the arrival of such refugees in the United States, or after medical conditions . (e) Legal assistance for refugees and asylees Section 412(c)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1522(c)(1)(A) ) is amended— (1) in clause (ii), by striking and at the end; (2) by redesignating clause (iii) as clause (iv); and (3) by inserting after clause (ii) the following: (iii) to provide legal services for refugees to assist the refugees in obtaining immigration benefits for which the refugees are eligible; and . (f) Notice and rulemaking Not later than 90 days after the date of the enactment of this Act, but in no event later than 30 days before the effective date of the amendments made by this section, the Assistant Secretary shall— (1) issue a proposed rule of the new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c); and (2) solicit public comment. (g) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this Act. 1528. Stabilizing resettlement site capacity for volunteer coordination, housing coordination, and AOR processing In consultation with the Assistant Secretary of the Office of Refugee Resettlement, the Assistant Secretary for the Bureau of Population, Refugees, and Migration shall develop and implement methods for improving volunteer coordination, housing coordination, and Affidavit of Relationship processing to ensure resettlement sites have the resources and capacity they need. The Assistant Secretary is authorized to make grants to implement this section. 1529. Community partnerships, civic engagement, and refugee leadership development (a) In general The Assistant Secretary for the Bureau of Population, Refugees, and Migration shall fund a full-time employee, to be known as a Community Relations Officer , with each State contracted for resettlement whose position will focus on building community partnerships, encouraging diverse attendance at community consultations, and organizing community consultations. (b) Grants authorized The Assistant Secretary for the Bureau of Population, Refugees, and Migration is authorized to make grants to, and enter into contracts with, State and local governments to implement this section. (c) Responsibilities The responsibilities of a Community Relations Officer shall be— (1) to consider opportunities to encourage regular consultation among diverse stakeholders, such as by refugees, State Refugee Coordinators and health coordinators, resettlement agencies, and other service organizations and Ethnic Community Based Organizations; (2) to support civic engagement of refugees and refugee leadership development; and (3) to consider methods to expand outreach to asylees to ensure asylee access to services. 3 Access to services and benefits 1531. Extension of eligibility period for Social Security benefits for certain refugees (1) In general Section 402(a)(2)(M)(i) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612(a)(2)(M)(i) ) is amended— (A) in subclause (I), by striking 9-year and inserting 10-year ; and (B) in subclause (II), by striking 2-year and inserting 3-year . (2) Conforming amendment The heading for clause (i) of section 402(a)(2)(M) of such Act is amended by striking Two-year extension and inserting Extension . (3) Effective date The amendments made by this subsection shall take effect as of October 1, 2023. 1532. In-State tuition rates for refugees, asylees, and certain special immigrants (a) In general The Higher Education Act of 1965 is amended by inserting after section 135 ( 20 U.S.C. 1015d ) the following: 135A. In-State tuition rates for refugees, asylees, and certain special immigrants (a) Requirement In the case of an alien described in subsection (b) whose domicile is in a State that receives assistance under this Act, such State shall not charge such alien tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. (b) Aliens described An alien is described in this subsection if the alien was granted— (1) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ); (2) asylum under section 208 of such Act ( 8 U.S.C. 1158 ); or (3) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) ) pursuant to— (A) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 8 U.S.C. 1157 note); (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note); or (C) section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note). (c) Limitations The requirement under subsection (a) shall apply with respect to an alien only until the alien has established residency in the State, and only with respect to the first State in which the alien was first domiciled after being admitted into the United States as a refugee or special immigrant or being granted asylum. (d) Effective date This section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after July 1, 2024. . (b) Conforming amendment The table of contents for the Higher Education Act of 1965 is amended by inserting after the item relating to section 135 the following: Sec. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants. . 4 Training, orientation, and inclusion 1541. Pre-departure training for approved refugee applicants (a) Training programs (1) In general The Assistant Secretary for the Bureau of Population, Refugees, and Migration, in consultation with the directors and heads of office of the Resettlement Support Centers (or the designees of such directors and heads of office), shall develop and implement methods for improving overseas refugee training programs administered by the Resettlement Support Centers to offer English as a second language, work orientation training options, cultural orientation, civic engagement, and health and wellness for refugees and Iraqi and Afghan special immigrant visa holders and their dependents, who have been approved for admission to the United States before their departure for the United States. (2) Community integration The Assistant Secretary for the Bureau of Population, Refugees, and Migration shall develop and implement pre-departure programs for achieving community integration of refugees resettled in the United States. (3) Grants authorized The Assistant Secretary for the Bureau of Population, Refugees, and Migration is authorized to make grants to implement this subsection. (b) Design and implementation In designing and implementing the programs referred to in subsection (a), the Secretary of State shall consult with or use— (1) nongovernmental or international organizations with direct ties to the United States refugee resettlement program; and (2) nongovernmental or international organizations with appropriate expertise in developing curriculum and teaching English as a second language. (c) Impact on processing times The Secretary of State shall ensure that such training programs are strictly optional, occur within applicable processing times and do not delay or prevent the departure for the United States of refugees who have been approved for admission to the United States. (d) Timeline for implementation (1) Initial implementation Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall ensure that the training programs under subsection (a) are fully and continually operational in at least 3 refugee processing regions. (2) Additional implementation Not later than 2 years after the date of the enactment of this Act, the Secretary of State shall notify the Committees on Appropriations and the Committee on the Judiciary of the Senate and the Committees on Appropriations and the Committee on the Judiciary of the House of Representatives that such training programs are fully and consistently operational in 5 refugee processing regions. (e) GAO report Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of this section, including an assessment of the quality of English as a second language curriculum and instruction, the benefits of the work orientation and English as a second language training program to refugees, and recommendations on whether such programs should be continued, broadened, or modified, and shall submit to the Committee on Appropriations and the Committee on the Judiciary of the Senate and the Committee on Appropriations and the Committee on the Judiciary of the House of Representatives a report on the findings of such study. (f) Rule of construction Nothing in this section may be construed to require that a refugee participate in such a training program as a precondition for the admission to the United States of such refugee. 1542. Domestic refugee resettlement programs on digital and financial literacy; housing and transportation access (a) Amendments to social services funding Section 412(b) of the Immigration and Nationality Act ( 8 U.S.C. 1522(b) ) is amended to read as follows: (b) Programs for digital and financial literacy and housing and transportation access (1) In general The Assistant Secretary of the Office of Refugee Resettlement, in consultation with the Assistant Secretary for the Bureau of Population, Refugees, and Migration, shall develop and implement methods— (A) for improving the digital literacy of refugees, and strengthening their access to digital devices and broadband; (B) to support refugees with bereavement costs and financial literacy, such as life insurance, retirement, banking, and other forms of financial independence; (C) to support refugees’ access to affordable housing, home ownership, public housing, legal orientation, and public transportation; and (D) to support refugees’ driving orientation with respect to laws, defensive driving, and vehicle maintenance classes. (2) Grants authorized The Assistant Secretary of the Office of Refugee Resettlement is authorized to make grants to, and enter into contracts with, State and local governments and resettlement agencies to implement this section. . (b) Immediate eligibility for driver’s licenses for refugees, asylees, and certain special immigrants (1) In general Any State in which a alien described in paragraph (2) is domiciled shall waive residency requirements for obtaining a driver's license or an identification card in a manner than ensure that such an alien is immediately eligible for a driver’s license or identification card, including under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13 ; 49 U.S.C. 30301 note), notwithstanding subsection (c)(2)(B) of such Act. (2) Alien described An alien is described in this subsection if the alien was granted— (A) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ); (B) asylum under section 208 of such Act ( 8 U.S.C. 1158 ); or (C) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) ) pursuant to section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 111–84 ; 8 U.S.C. 1157 note); section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note); or section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note). (c) Additional programs (1) In general The Assistant Secretary for the Bureau of Population, Refugees, and Migration, in consultation with the Assistant Secretary of the Office of Refugee Resettlement, shall develop and implement methods— (A) for improving the digital literacy of refugees, and strengthening their access to digital devices and broadband; (B) to support refugees with bereavement costs and financial literacy, such as life insurance, retirement, banking, and other forms of financial independence; and (C) to support refugees’ access to affordable housing, home ownership, public housing, legal orientation, and public transportation. (2) Grants authorized The Assistant Secretary for the Bureau of Population, Refugees, and Migration is authorized to make grants to, and enter into contracts with, State and local governments and resettlement agencies to implement this subsection. 1543. Study and report on digital literacy, equity, and inclusion among refugees in the United States (a) Definitions In this section: (1) Digital equity The term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society, democracy, and economy of the United States. (2) Digital inclusion The term digital inclusion — (A) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as— (i) reliable broadband internet service; (ii) internet-enabled devices that meet the needs of the user; and (iii) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration, including applications and online content that can be rendered accessible in the user's preferred language; and (B) includes— (i) obtaining access to digital literacy training; (ii) the provision of quality technical support; and (iii) obtaining basic awareness of measures to ensure online privacy and cybersecurity. (3) Digital literacy The term digital literacy means the skills associated with using technology to enable learners to find, evaluate, organize, create, communicate, and understand information in the learner’s preferred language. (b) Study (1) In general Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the status of digital literacy among refugees resettled to the United States. (2) Matters to be included The study conducted under paragraph (1) shall include the following: (A) An assessment of refugee digital literacy, equity, and inclusion outcomes including an analysis of— (i) access to internet service subscriptions as measured by the rates at which households subscribe to service plans, the quality of service plans, and the affordability of service plans; (ii) device access as measured by type, and number per members of household school-age and older; (iii) digital literacy as measured by a continuum of proficiency rates and ability to overcome language barriers; (iv) availability of technical assistance and training services; (v) digital usage patterns (such as school, work, job applications, or coding); and (vi) awareness of, availability of, and ability to navigate to public access points (such as schools, libraries and other community access). (B) The results of the assessment under subparagraph (A) disaggregated by socioeconomic factors, including income level, race and ethnicity, gender, preferred language, age, disability, and level of education. (C) An assessment of how digital literacy, equity, and inclusion limitations impact refugee integration outcomes across— (i) employment; (ii) participation in financial systems; (iii) participation in democracy; (iv) civic engagement; (v) adult education; (vi) children’s education; and (vii) access to health services. (D) An assessment of whether and how digital literacy training, free internet service, and technical support should be incorporated as part of cultural orientation programs offered to refugees before their arrival in the United States and to refugees recently arrived in the United States. (E) An assessment of whether and how related costs to support digital literacy, equity, and inclusion, should be factored into reception and placement per capita grant amounts, including for— (i) the 1-time cost of digital device purchases, ensuring adequate and gender-equitable distribution of devices per household; and (ii) ongoing internet service subscription costs. (F) An assessment of whether and how to include a measure of digital literacy in the self-sufficiency metrics used by the Office of Refugee Resettlement to assess refugee integration outcomes. (G) A survey of existing digital literacy, equity, and inclusion programming across resettlement agency offices and existing best practices, including— (i) technology mentorship programs; (ii) digital literacy workshops; (iii) digitally related career pathways; (iv) device ownership programs; (v) digital navigator programs; and (vi) home broadband support. (H) An evaluation of the budgetary resources of the Office of Refugee Resettlement and a projection of the amount of additional resources necessary to fully address the unmet needs of refugees and all other populations within the mandate of the Office of Refugee Resettlement, with respect to digital literacy, equity, and inclusion. (I) Recommendations on ways in which the Office of Refugee Resettlement may improve digital literacy outcomes and the domestic refugee resettlement program with respect to digital literacy, equity, and inclusion. (J) Recommendations for metrics and criteria for evaluating digital literacy, equity, and inclusion in populations within the mandate of the Office of Refugee Resettlement. (c) Report Not later than 30 days after the date on which a study under subsection (a) is completed, the Comptroller General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that describes the results of the study. 5 Domestic Refugee Resettlement Reform and Modernization Act 1551. Short title This chapter may be cited as the Domestic Refugee Resettlement Reform and Modernization Act of 2022 . 1552. Definitions In this chapter: (1) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of the Office of Refugee Resettlement in the Department of Health and Human Services. (2) Community-based organization The term community-based organization means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States. (3) National resettlement agencies The term national resettlement agencies means voluntary agencies contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. 1553. Assessment of refugee domestic resettlement programs (a) In general As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (b) Matters To be studied In the study required under subsection (a), the Comptroller General shall determine and analyze— (1) how the Office of Refugee Resettlement defines self-sufficiency and integration and if these definitions adequately represent refugees’ needs in the United States; (2) the effectiveness of Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and integration; (3) technological solutions for consistently tracking secondary migration, including opportunities for interagency data sharing; (4) the Office of Refugee Resettlement’s budgetary resources and project the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration; (5) the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals; (6) how community-based organizations can be better utilized and supported in the Federal domestic resettlement process; (7) recertification processes for high-skilled refugees, specifically considering how to decrease barriers for refugees and special immigrant visa holders to use their skills; and (8) recommended statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (7). (c) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains the results of the study conducted under this section. 1554. Guidance regarding refugee placement decisions (a) Consultation The Secretary of State shall provide guidance to national resettlement agencies and State refugee coordinators on consultation with local stakeholders pertaining to refugee resettlement. (b) Best practices The Secretary of Health and Human Services, in collaboration with the Secretary of State, shall collect best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement from voluntary agencies and State refugee coordinators and disseminate such best practices to such agencies and coordinators. 6 Overseas processing and preparation 1561. Refugee biometric data and reporting (a) The Department of State, in consultation with the Department of Homeland Security, shall permit United States Government staff already in-country to travel to collect the fingerprints and biometric data of refugees, in absence of circuit rides. (b) The Secretary of State, in consultation with the Secretary of Homeland Security, shall develop and implement methods to enhance virtual citizenship and virtual adjudication of citizenship applications, including remote interviews and ceremonies to expedite the process. (c) The Secretary of Homeland Security shall robustly implement the plan to permit the use of video and audio teleconferencing to conduct refugee interviews and establish the necessary infrastructure to do so. The Department of Homeland Security is directed to issue a report within 90 days of enactment the details of how many interviews were conducted remotely or by video, what infrastructure was created to do so, and what the Department needs to expand the use of remote interviews. The report shall also include challenges and best practices in conducting remote interviews and factors that informed the Department’s decisions around which applicants were eligible for a remote interview. The report shall further include recommendations for a significant investment in internet infrastructure solutions, such as Wi-Fi and broadband access, in remote processing locations, as failure to do so will disproportionately impact processing and departures from certain parts of the world. 1562. Prioritization of family reunification in refugee resettlement process (a) In general The Secretary of State shall prioritize the cases of persons referred by the United Nations High Commissioner for Refugees, groups of special humanitarian concern to the United States under section 207(a)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1157(a)(1) ), and refugees seeking reunification with relatives living in the United States, regardless of the nationality of such refugees. (b) Regulations (1) In general The Secretary of State, in consultation with the Secretary of Homeland Security, shall promulgate regulations to ensure that an individual seeking admission to the United States as a refugee shall not be excluded from being interviewed for refugee status based on— (A) a close family relationship to a citizen or lawful permanent resident of the United States; (B) a potential qualification of the individual for an immigrant visa; or (C) a pending application by the individual for admission to the United States. (2) Simultaneous consideration The regulations promulgated under paragraph (1) shall ensure that an applicant for admission as a refugee is permitted to pursue simultaneously admission to the United States— (A) as a refugee; and (B) under any visa category for which the applicant may be eligible. (c) Notice of separate travel In the case of an applicant for admission under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) the application of whom is placed on hold for more than three months and one or more members of the family of the applicant have separate pending applications for admission under such section, the Secretary of Homeland Security shall— (1) notify any individual on that case who is eligible to travel separately of the option to separate the case of the individual from the family unit; and (2) permit the individual to travel based on the satisfaction by the individual of all security and other requirements for a refugee application. (d) Use of embassy referrals (1) In general The Secretary of State shall set forth a plan to ensure that each United States embassy and consulate is equipped and enabled to refer individuals in need of resettlement to the United States refugee admissions program. (2) Training The Secretary of State shall undertake training for embassy personnel to ensure that each embassy and consulate has sufficient knowledge and expertise to carry out this paragraph. 1563. Priority 3 family reunification cases (a) In general Because of the importance of reuniting immediate refugee families who have been separated while fleeing from persecution, Priority 3 processing shall be made available to individuals of all nationalities, including stateless individuals. (b) Universal eligibility for all nationalities (1) In general Eligible Priority 3 Affidavit of Relationship filers will include those admitted in asylum, refugee, or Afghan and Iraqi special immigrants admitted under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note), section 1244 of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note), and section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note). (2) Eligible Affidavit of Relationship files Eligible Affidavit of Relationship (referred to in this section as AOR ) filers include individuals who are lawful permanent residents of the United States or United States citizens who initially were admitted to the United States in a status described in paragraph (1). (c) Requirements The United States-based filer shall be at least 18 years of age at the time that the AOR is filed. The filer shall file the AOR not later than 5 years after the date they were admitted as a refugee or special immigrant or were granted asylum. The Secretary of State may reject any AOR for a relationship that does not comport with public policy, such as under-age or plural marriages. (d) Family members included (1) In general The following family members of the United States-based family members are qualified for Priority 3 access: (A) Spouse. (B) Unmarried children who are younger than 21 years of age. (C) Parents. (2) Partners The Secretary of State may allow a qualifying individual to file for Priority 3 access for a partner of any gender if the filer can provide evidence of a relationship with the partner for at least one year overseas prior to the submission of the AOR and considered that person to be his or her spouse or life partner, and that the relationship is ongoing, together with evidence that legal marriage was not an obtainable option due to social or legal prohibitions. (e) Derivative refugee status In addition to the qualifying family members of a United States-based individual identified above, the qualifying family member’s spouse and unmarried children younger than 21 years of age may derive refugee status from the principal applicant for refugee status. (f) Additional qualifying family members (1) In general On a case-by-case basis, an individual may be added to a qualifying family member’s Priority 3 case if that individual— (A) lived in the same household as the qualifying family member in the country of nationality or, if stateless, last habitual residence; (B) was part of the same economic unit as the qualifying family member in the country of nationality or, if stateless, last habitual residence; and (C) demonstrates exceptional and compelling humanitarian circumstances that justify inclusion on the qualifying family member’s case. (2) Refugee status independent from principal applicant To be added to a qualifying family member's case under paragraph (1), an individual described in paragraph (1) shall independently establish that they are refugees. (g) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in collaboration with the Secretary of State, shall submit a report to Congress that— (1) describes the steps taken by the administration to re-examine and expedite Priority 3 processing, including— (A) reducing lengthy delays in the initial paper review by the U.S. Citizenship and Immigration Services Refugee Access Verification Unit (referred to in this subsection as RAVU ) of the relationship between the anchor relative and overseas family member listed on the Affidavit of Relationship; (B) reducing inefficiencies in DNA testing; and (C) making more efficient other processing steps that are required only for Priority 3 cases; (2) details the resources necessary to improve RAVU so as to improve Priority 3 processing and ensure that the number of U.S. Citizenship and Immigration Services employees dedicated to RAVU is consistently not less than 4 full-time dedicated personnel so as to maintain a capacity to complete RAVU within 30 days of receipt of each case; and (3) includes the following data as of the first day of each fiscal year and each of the 6 fiscal years preceding the date of the enactment of this Act, for— (A) Priority 3 refugee applicants who had submitted an AOR and were waiting for an initial interview with the resettlement support center; (B) Priority 3 refugee applicants who had completed the initial interview at the Refugee Processing Center and whose applications were not yet submitted by the Refugee Processing Center to RAVU; (C) Priority 3 refugee applicants whose applications were submitted by the Refugee Processing Center to RAVU and were pending a decision by RAVU; (D) Priority 3 refugee applicants whose applications were decided by RAVU and were pending a pre-screening interview at the Refugee Processing Center; (E) Priority 3 refugee applicants who completed a pre-screening interview at the Refugee Processing Center and who were pending interviews with U.S. Citizenship and Immigration Services; (F) Priority 3 refugee applicants who had completed interviews and were pending security clearance; (G) Priority 3 refugee applicants who were ready for departure; and (H) Priority 3 refugee applicants who have died or gone missing while in the Priority application process without ever being reunited with their families. 1564. Creating a Roving Resettlement Support Center (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish a Roving Resettlement Support Center to increase overall operational agility and responsiveness of the United States Refugee Admissions Program. (b) Duties The Roving Resettlement Support Center shall— (1) coordinate and manage refugee processing for the United States Refugee Admissions Program, including— (A) receive and process cases referred to the United States Refugee Admissions program by the United Nations High Commissioner for Refugees, nongovernmental organizations, and United States embassies; (B) receive and process resettlement applications under all Priority categories; and (2) build the operational capacity for the rapid deployment of single-site resettlement processing during unanticipated refugee crises; and (3) provide support and technical assistance to the United Nations High Commissioner for Refugees to expand and improve referral capacity as needed. F Authorization of appropriations 1601. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this title, including, in addition to annual funds derived from fee accounts of U.S. Citizenship and Immigration Services, such sums as may be necessary to reduce the humanitarian backlog of refugee, asylum, and other humanitarian applications to the Refugee, Asylum and International Operations Directorate. II Refugee and asylum seeker processing in Western Hemisphere 2101. Expansion of refugee and asylum seeker processing (a) Strengthening processing and adjudication capacity (1) In general The Secretary of State, in consultation with the Secretary, shall collaborate with international partners, including the United Nations High Commissioner for Refugees, to support and strengthen the domestic capacity of countries in the Western Hemisphere— (A) to process and accept refugees for resettlement; and (B) to adjudicate asylum claims. (2) Support and technical assistance The Secretary of State, in consultation with the Secretary, shall provide support and technical assistance to countries in the Western Hemisphere to help such countries— (A) expand and improve their capacity to identify, process, and adjudicate refugee claims, adjudicate applications for asylum, or otherwise accept refugees referred for resettlement by the United Nations High Commissioner for Refugees or host nations, including by increasing the number of refugee and asylum officers (as defined in section 235(b)(1)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(E) )) who are trained in the relevant legal standards for adjudicating claims for protection; (B) establish and expand safe and secure refugee reception centers to facilitate the safe and orderly movement of individuals and families seeking international protection; (C) improve national refugee and asylum registration systems to ensure that any person seeking refugee status, asylum, or other humanitarian protections— (i) receives due process and meaningful access to existing humanitarian protections; (ii) is provided with adequate information about his or her rights, including the right to seek protection; (iii) is properly screened for security, including biographic and biometric capture; and (iv) receives appropriate documents to prevent fraud and ensure freedom of movement and access to basic social services; and (D) develop the capacity to conduct best interest determinations for unaccompanied children with international protection needs to ensure that— (i) such children are properly registered; and (ii) their claims are appropriately considered. (b) Diplomatic engagement and coordination The Secretary of State, in coordination with the Secretary, as appropriate, shall— (1) carry out diplomatic engagement to secure commitments from governments to resettle refugees from Central America; and (2) take all necessary steps to ensure effective cooperation among governments resettling refugees from Central America. (c) Strengthening of referral pathways The Secretary of State, in consultation with the Secretary, shall— (1) certify and partner with local and national nongovernmental organizations that operate overseas to make Priority 1 referrals to the United States Refugee Admissions Program— (A) to increase referral pathways for the United States Refugee Admissions Program; (B) to diversify referral pathways and prevent program impacts due to operational delays and capacity limitations in the referral processes of the United Nations High Commissioner for Refugees; and (C) to expand access to the United States Refugee Admissions Program to particularly vulnerable refugees, including— (i) individuals with urgent protection needs who might otherwise be overlooked; (ii) individuals who are at risk in camps, such as LGBTQI individuals; and (iii) individuals living in noncamp settings; (2) work with national nongovernmental organizations to identify referrals from smaller nongovernmental organizations to the United States Refugee Admissions Program; (3) direct resettlement support centers to facilitate and accept such referrals; (4) provide training for new referral partners to encourage new nongovernmental organizations to participate in resettlement; (5) ensure coordination with partners already working with refugees in the region; and (6) continue to implement robust fraud-prevention measures as part of the establishment of referral structures under this subsection— (A) to continue to safeguard the integrity of the United States Refugee Admissions Program; and (B) to prevent corruption through manipulation of the resettlement system. 2102. Strengthening regional humanitarian responses The Secretary of State, in consultation with the Secretary, and in coordination with international partners, including the United Nations High Commissioner for Refugees, shall support and coordinate with the government of each country hosting a significant population of refugees and asylum seekers from El Salvador, Guatemala, and Honduras— (1) to establish and expand temporary shelter and shelter network capacity to meet the immediate protection and humanitarian needs of refugees and asylum seekers, including shelters for families, women, unaccompanied children, and other vulnerable populations; (2) to deliver to refugees and asylum seekers humanitarian assistance that— (A) is sensitive to gender identity and sexual orientation, trauma, and age; and (B) includes access to accurate information, legal representation, education, livelihood opportunities, cash assistance, mental and physical health care, and other services; (3) to establish and expand sexual, gender-based, intimate partner, and intra-family violence prevention, recovery, and humanitarian programming; (4) to fund national and community humanitarian organizations in humanitarian response; and (5) to support local integration initiatives to help refugees and asylum seekers rebuild their lives and contribute in a meaningful way to the local economy in their host country. 2103. Information campaign on dangers of irregular migration (a) In general The Secretary of State, in consultation with the Secretary, shall design and implement public information campaigns in El Salvador, Guatemala, and Honduras— (1) to disseminate information about the potential dangers of travel to the United States; (2) to provide accurate information about United States immigration law and policy; and (3) to provide accurate information about the availability of asylum and other humanitarian protections in countries in the Western Hemisphere. (b) Elements To the greatest extent possible, the information campaigns implemented pursuant to subsection (a)— (1) shall be targeted at regions with high rates of violence, high levels of out-bound migration, or significant populations of internally displaced persons; (2) shall use local languages; (3) shall employ a variety of communications media; and (4) shall be developed in consultation with program officials at the Department of Homeland Security, the Department of State, and other government, nonprofit, or academic entities in close contact with migrant populations from El Salvador, Guatemala, and Honduras, including repatriated migrants. 2104. Reporting requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary, shall submit a report describing the plans of the Secretary of State to assist in developing the refugee and asylum processing capabilities described in this title to— (1) the Committee on the Judiciary of the Senate ; (2) the Committee on Foreign Relations of the Senate ; (3) the Committee on Appropriations of the Senate ; (4) the Committee on the Judiciary of the House of Representatives ; (5) the Committee on Foreign Affairs of the House of Representatives ; and (6) the Committee on Appropriations of the House of Representatives . 2105. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States (a) Designated processing centers (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary, shall enter into agreements for the Secretary to establish designated processing centers for— (A) registering, screening, and processing refugees and other eligible individuals in North America and Central America; and (B) resettling or relocating such individuals to the United States or to other countries. (2) Locations Not fewer than 1 designated processing center shall be established in a safe and secure location identified by the United States and the host government in— (A) El Salvador; (B) Guatemala; (C) Honduras; (D) Mexico; (E) Costa Rica; and (F) any other country that the Secretary of State determines can accept and process requests and applications under this title, including any country in North America or Central America that is hosting significant numbers of refugees or other displaced individuals. (b) Assistant Director of Regional Processing (1) In general The Director of U.S. Citizenship and Immigration Services shall appoint an Assistant Director of Regional Processing, who shall oversee the establishment and operation of all designated processing centers. (2) Duties The Assistant Director of Regional Processing, in coordination with the Secretary and the Director of U.S. Citizenship and Immigration Services, shall— (A) coordinate with the Secretary of State and the host country to ensure that each designated processing center is safe, secure, and reasonably accessible to the public to facilitate the registration, screening, and processing of individuals under this title; (B) establish standard operating procedures for the registration, screening, and processing of individuals under this title; (C) oversee the administration of the procedures established pursuant to subparagraph (B); and (D) carry out other duties and powers prescribed by the Director of U.S. Citizenship and Immigration Services. (c) Personnel (1) Refugee officers and related personnel The Secretary, in consultation with the Director of U.S. Citizenship and Immigration Services and the Assistant Director of Regional Processing, shall ensure that sufficient numbers of refugee officers and other personnel are assigned to each designated processing center to fulfill the requirements under this title. (2) Support personnel The Secretary and the Attorney General shall hire and assign sufficient personnel to ensure that all security and law enforcement background checks required under this title are completed not later than 180 days after a relevant application is submitted, absent exceptional circumstances. (d) Operations (1) In general Each designated processing center established pursuant to subsection (a)(2) shall commence operations not later than 270 days after the date of the enactment of this Act, absent extraordinary circumstances. (2) Productivity The Secretary, in coordination with the Secretary of State, shall— (A) monitor the activities of each designated processing center; and (B) establish metrics and criteria for evaluating the productivity of each designated processing center. (3) Continuing operations Each designated processing center— (A) shall remain in operation for not less than 5 fiscal years; and (B) shall continue operating until the Secretary determines, in consultation with the Secretary of State, and using the metrics and criteria established pursuant to paragraph (2)(B), that the designated processing center has failed to maintain sufficient productivity for at least 4 consecutive calendar quarters. (4) Registration Each designated processing center shall receive and register individuals seeking to apply for benefits under this title. (5) Intake Consistent with this title, registered individuals shall be assessed to determine the benefits for which they may be eligible, including— (A) refugee resettlement pursuant to the Central American Refugee Program described in section 2106; (B) the Central American Minors Program described in section 2107; and (C) the Central American Family Reunification Parole Program described in section 2108. (6) Expedited processing The Secretary may grant expedited processing of applications and requests under this title in emergency situations, for humanitarian reasons, or if other circumstances warrant expedited treatment. (e) Congressional reports Not later than January 31 of the first fiscal year immediately following the conclusion of the fiscal year during which the first designated processing center commences operations, and every January 31 thereafter, the Secretary, in consultation with the Secretary of State, shall submit a report to the Committee on the Judiciary of the Senate , the Committee on Foreign Relations of the Senate , the Committee on the Judiciary of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives that identifies, with respect to each designated processing center during the previous fiscal year— (1) the number of individuals who were registered, screened, and processed for benefits under this title; (2) the number of benefits requests that were approved; and (3) the number of benefits requests that were denied. 2106. Central American refugee program (a) In general (1) Minimum annual number of central american refugees In addition to any refugees designated for admission under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ), in each of the fiscal years 2023, 2024, 2025, 2026, and 2027, not fewer than 100,000 nationals of El Salvador, Guatemala, or Honduras shall be admitted into the United States under this section. (2) Eligibility Any alien described in paragraph (1) shall be admitted under this section if— (A) the alien registers at a designated processing center on or before September 30, 2027; and (B) the Secretary of State, in consultation with the Secretary, determines that the alien is admissible as a refugee of special humanitarian concern to the United States in accordance with this section. (b) Initial processing (1) In general Any alien who, while registering at a designated processing center, expresses a fear of persecution or an intention to apply for refugee status may apply for refugee resettlement under this section. Each applicant who files a completed application shall be referred to a refugee officer for further processing in accordance with this section. (2) Submission of biographic and biometric data An applicant described in paragraph (1) shall submit biographic and biometric data in accordance with procedures established by the Assistant Director of Regional Processing appointed pursuant to section 2105(b), who shall provide an alternative procedure for applicants who are unable to provide all required biographic and biometric data due to a physical or mental impairment. (3) Background checks The Assistant Director of Regional Processing shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for admission as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). (4) Orientation The Assistant Director of Regional Processing shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards. All orientation materials, including application forms and instructions, shall be made available in English and Spanish. (5) International organizations The Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the processing and preparation of case files for applicants under this section. (c) Adjudication of applications (1) In general Not later than 60 days after the date on which an applicant is referred for further processing pursuant to subsection (b)(1), the applicant shall be interviewed by a refugee officer, who shall determine whether the applicant is a refugee of special humanitarian concern to the United States (as defined in paragraph (5)). (2) Decision Not later than 14 days after the date on which an applicant is interviewed under paragraph (1), the refugee officer shall issue a written decision regarding the application. (3) Approval of application If a refugee officer approves an application under this section, the applicant shall be processed for resettlement to the United States as a refugee in accordance with section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). The security and law enforcement background checks required under subsection (b)(3) shall be completed, to the satisfaction of the Assistant Director of Regional Processing, before the date on which an approved applicant may be admitted to the United States. (4) Denial of application If the refugee officer denies an application under this section, the officer shall include a reasoned, written explanation for the denial and refer the applicant for a determination of eligibility for other benefits under this title in accordance with section 2105(d)(5). An applicant who has been denied status as a refugee of special humanitarian concern under this section may request review of such decision by a supervisory refugee officer not later than 30 days after the date of such denial. The supervisory refugee officer shall issue a final written decision not later than 30 days after such request for review. (5) Refugee of special humanitarian concern In this section, the term refugee of special humanitarian concern to the United States means any individual who, in his or her country of nationality has suffered (or in the case of an individual who remains in his or her country of nationality, has a well-founded fear of suffering)— (A) domestic, sexual, or other forms of gender-based violence, including forced marriage and persecution based on sexual orientation or gender identity; (B) violence, extortion, or other forms of persecution (including forced recruitment) committed by gangs or other organized criminal organizations; (C) a severe form of trafficking in persons; (D) a threat to life, physical or psychological integrity, including from adverse impacts on livelihoods and exceptional situations, such as environmental disasters, (including from the effects of climate change) for which there is no adequate remedy in the country of origin; or (E) other serious human rights abuses. (6) Spouses and minor children The spouse or child of any applicant who qualifies for admission under section 207(c) of the Immigration and Nationality Act ( 8 U.S.C. 1157(c) ) shall be granted the same status as the applicant if accompanying or following to join such applicant, in accordance with such section. (7) Refugee status An individual who is admitted to the United States as a refugee of special humanitarian concern to the United States under this section shall enjoy the same rights and privileges, and shall be subject to the same grounds for termination of refugee status, as provided in sections 207 and 209 of the Immigration and Nationality Act (8 U.S.C. 1157 and 1159). (8) Fees No fee shall be imposed for the filing, processing, or adjudication of an application under this section. (d) Optional referral to other countries (1) In general Notwithstanding subsection (b), an applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant’s refugee claim if— (A) another country agrees to immediately process the applicant’s refugee claim in accordance with the terms and procedures of a bilateral agreement under paragraph (2); and (B) the applicant lacks substantial ties to the United States as defined in paragraph (3) or requests resettlement to a country other than the United States. (2) Bilateral agreements for referral of refugees (A) In general Subject to subparagraph (B), the Secretary of State, in consultation with the Secretary, shall enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who— (i) register at a designated processing center; and (ii) seek to apply for refugee resettlement under this section. (B) Limitation Agreements required under subparagraph (A) may only be entered into with countries that have the demonstrated capacity— (i) to accept and adjudicate applications for refugee status and other forms of international protection; and (ii) to resettle refugees consistent with obligations under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223). (C) International organizations The Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the referral, processing, and resettlement of individuals covered under this paragraph. (3) Defined term In this subsection, an individual has substantial ties to the United States if the individual— (A) has a spouse, parent, son, daughter, sibling, grandparent, aunt, or uncle who resides in the United States; (B) can demonstrate previous residence in the United States for not less than 2 years; or (C) can otherwise demonstrate substantial ties to the United States, as defined by the Secretary. (e) Emergency relocation coordination (1) In general The Secretary of State, in consultation with the Secretary, shall enter into bilateral or multilateral agreements with other countries in the Western Hemisphere to establish safe and secure emergency transit centers for individuals who— (A) register at a designated processing center; (B) face an imminent risk of harm; and (C) require temporary placement in a safe location, pending a final decision on an application under this section. (2) Consultation requirement Agreements required under paragraph (1)— (A) shall be developed in consultation with the United Nations High Commissioner for Refugees; and (B) shall conform to international humanitarian standards. (f) Expansion of refugee corps Not later than 60 days after the date of the enactment of this Act, and subject to the availability of amounts provided in advance in appropriations Acts, the Secretary shall appoint such additional refugee officers as may be necessary to carry out this section. 2107. Central American Minors Program (a) Special immigrants Section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) is amended— (1) in subparagraph (L)(iii), by inserting a semicolon at the end; (2) in subparagraph (M), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (N) an immigrant (and any of his or her children who are accompanying or following to join such immigrant) who is— (i) a national of El Salvador, Honduras, or Guatemala; (ii) an unmarried child of an individual who is lawfully present in the United States; (iii) otherwise eligible to receive an immigrant visa; and (iv) otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4)). . (b) Numerical limitations (1) In general The total number of aliens described in section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a)(3), who may be granted special immigrant status under this section may not exceed 10,000 during any of the 5 consecutive fiscal years beginning with the fiscal year during which the first designated processing center commences operations. (2) Exclusion from numerical limitations Aliens granted special immigrant status under this section shall not be counted against any numerical limitation under section 201, 202, or 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153). (3) Carry forward If the numerical limitation described in paragraph (1) is not reached during any fiscal year, the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between— (A) the total number of aliens who may be granted special immigrant status under this section during the first fiscal year; and (B) the number of aliens who were granted such special immigrant status during the first fiscal year. (c) Petitions If an alien is determined to be eligible for special immigrant status pursuant to an assessment under section 2105(d)(5), the alien, or a parent or legal guardian of the alien, may submit a petition for special immigrant status under this section at a designated processing center. (d) Adjudication (1) In general If an alien who submits a completed petition under subsection (c) is determined to be eligible for special immigrant status under section 101(a)(27)(N) of the Immigration and Nationality Act, as added by subsection (a)(3), the Secretary shall grant such status to such alien. (2) Deadline Absent exceptional circumstances, petitions submitted under this section shall be adjudicated not later than 180 days after the date on which they are submitted at a designated processing center. (3) Applicants under prior program (A) In general The Secretary of Homeland Security shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014, and terminated on August 16, 2017, and which was not the subject of a final disposition before January 31, 2018, to be a petition filed under this section. (B) Notification The Secretary shall— (i) promptly notify all relevant parties of the conversion of applications described in subparagraph (A) into special immigrant petitions under this section; and (ii) provide instructions for withdrawing such petitions to such parties if the alien no longer desires the requested relief. (C) Deadline Absent exceptional circumstances, the Secretary shall make a final determination on each petition described in subparagraph (A) that is not withdrawn pursuant to subparagraph (B)(ii) not later than 180 days after the date of the enactment of this Act. (4) Biometrics and background checks (A) Submission of biometric and biographic data Petitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the Assistant Director of Regional Processing. The Assistant Director shall provide an alternative procedure for applicants who are unable to provide all of the required biometric data due to a physical or mental impairment. (B) Background checks The Assistant Director shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for special immigrant status under this section. (C) Completion of background checks The security and law enforcement background checks required under subparagraph (B) shall be completed, to the satisfaction of the Assistant Director, before the date on which a petition for special immigrant status under this section may be approved. 2108. Central American Family Reunification Parole Program (a) In general If an alien is determined to be eligible for parole under subsection (b) pursuant to an assessment under section 2105(d)(5)— (1) the designated processing center shall accept a completed application for parole filed by the alien, or on behalf of the alien by a parent or legal guardian of the alien; and (2) the Secretary shall grant parole to the alien, in accordance with section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ). (b) Eligibility An alien shall be eligible for parole under this subsection if the alien— (1) is a national of El Salvador, Guatemala, or Honduras; (2) is the beneficiary of an approved immigrant visa petition under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ); (3) does not have an immigrant visa; and (4) expects to obtain an immigrant visa not later than 5 years after the date on which the alien registers with a designated processing center. (c) Application and adjudication (1) In general An alien described in subsection (b) may submit an application for parole under this section during the 90-day period beginning on the date on which the alien is determined to be eligible for parole pursuant to an assessment under section 2105(d)(5). (2) Adjudication deadlines Absent exceptional circumstances, applications submitted under this section shall be adjudicated not later than 180 days after the date of submission. (3) Biometrics and background checks (A) Submission of biometric and biographic data Applicants for parole under this section shall submit biometric and biographic data in accordance with procedures established by the Assistant Director of Regional Processing. The Assistant Director shall provide an alternative procedure for applicants who are unable to provide all required biometric data due to a physical or mental impairment. (B) Background checks The Assistant Director of Regional Processing shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for parole under this section. (C) Completion of background checks The security and law enforcement background checks required under subparagraph (B) shall be completed to the satisfaction of the Assistant Director before the date on which an application for parole may be approved. (4) Approval Each designated processing center shall issue appropriate travel documentation to aliens granted parole under this section. Such aliens shall present such documentation to U.S. Customs and Border Protection personnel at a port of entry for parole into the United States not later than 120 days after such documentation is issued. 2109. Informational campaign; case status hotline (a) Informational campaign The Secretary shall implement an informational campaign, in English and Spanish, in the United States, El Salvador, Guatemala, and Honduras to increase awareness of the provisions set forth in this title. (b) Case status hotline Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish a case status hotline providing confidential processing information on pending cases. III Special immigrant visa programs 3101. Special immigrant visa program reporting requirement (a) In general Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of State, in consultation with the Inspector General of the Department of Defense, shall submit a report, with a classified annex if necessary, to— (1) the Committee on the Judiciary of the Senate ; (2) the Committee on Foreign Relations of the Senate ; (3) the Committee on Armed Services of the Senate ; (4) the Committee on the Judiciary of the House of Representatives ; (5) the Committee on Foreign Affairs of the House of Representatives ; and (6) the Committee on Armed Services of the House of Representatives . (b) Publication The Department of State shall publish the report submitted under subsection (a) on the website of the Department of State. (c) Contents The report submitted under subsection (a) shall evaluate— (1) the obstacles to effective protection of Afghan and Iraqi allies through the special immigrant visa program between 2009 and the present; (2) measures to improve efficient processing in the special immigrant visa programs; and (3) suggestions for improvements in future programs, including information relating to— (A) the hiring of locally employed staff and contractors; (B) documenting the identity and employment of locally employed staff and contractors of the United States Government, including the possibility of establishing a central database of employees of the United States Government and its contractors; (C) the protection in and safety of employees of locally employed staff and contractors; (D) means of expediting processing at all stages of the process for applicants, including consideration of reducing required forms; (E) appropriate staffing levels for expedited processing domestically and abroad; (F) the effect of uncertainty of visa availability on visa processing; (G) the cost and availability of medical examinations; and (H) means to reduce delays in interagency processing and security checks. (d) Consultation In preparing the report under subsection (a), the Inspector General shall consult with— (1) the Visa Office of the Bureau of Consular Affairs Visa Office of the Department of State; (2) the Executive Office of the Bureau of Near Eastern Affairs and South and Central Asian Affairs of the Department of State; (3) the Consular Section of the United States Embassy in Kabul, Afghanistan; (4) the Consular Section of the United States Embassy in Baghdad, Iraq; (5) U.S. Citizenship and Immigration Services of the Department of Homeland Security; (6) the Department of Defense; (7) nongovernmental organizations providing legal aid in the special immigrant visa application process; and (8) wherever possible, current and former employees of the offices referred to in paragraphs (1) through (6). 3102. Inclusion of certain special immigrants in the annual refugee survey Section 413(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1523(b)(1) ) is amended by inserting and individuals who have opted to receive refugee benefits and who were admitted pursuant to section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note), section 1244 of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note), section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note), or section 308 of the Refugee Protection Act of 2022 after who have entered the United States, . IV Nondiscrimination 4101. Expansion of nondiscrimination provision Section 202(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(1)(A) ) is amended— (1) by striking Except as specifically provided in paragraph (2) and in sections 101(a)(27), 201(b)(2)(A)(i), and 203, no and inserting No ; (2) by inserting or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit after immigrant visa ; (3) by inserting religion, after sex, ; and (4) by inserting before the period at the end the following: , except as specifically provided in paragraph (2), in sections 101(a)(27), 201(b)(2)(A)(i), and 203, if otherwise expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors . 4102. Transfer and limitations on authority to suspend or restrict the entry of a class of aliens Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ) is amended to read as follows: (f) Authority To suspend or restrict the entry of a class of aliens (1) In general Subject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any aliens or any class of aliens into the United States would undermine the security or public safety of the United States or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily— (A) suspend the entry of such aliens or class of aliens as immigrants or nonimmigrants; or (B) impose any restrictions on the entry of such aliens that the President deems appropriate. (2) Limitations In carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall— (A) only issue a suspension or restriction when required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); (B) narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; (C) specify the duration of the suspension or restriction; (D) consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers; and (E) comply with all provisions of this Act. (3) Congressional notification (A) In general Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. (B) Briefing and report Not later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to Congress that describes— (i) the action taken pursuant to paragraph (1) and the specified objective of such action; (ii) the estimated number of individuals who will be impacted by such action; (iii) the constitutional and legislative authority under which such action took place; and (iv) the circumstances necessitating such action, including how such action complies with paragraph (2), as well as any intelligence informing such actions. (C) Termination If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. (D) Congress In this paragraph, the term Congress refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. (4) Publication The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. (5) Judicial review (A) In general Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (B) Class action Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. (6) Treatment of commercial airlines Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. (7) Rule of construction Nothing in this section may be construed as authorizing the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws. . 4103. Visa applicants report (a) Initial reports (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 4102 of this Act, that describes the implementation of Presidential Proclamations 9645, 9822, and 9983 and Executive Order Nos. 13769, 13780, and 13815, during the effective period of each such proclamation and order. (2) Presidential proclamation 9645 and 9983 In addition to the content described in paragraph (1), the report submitted with respect to Presidential Proclamation 9645, issued on September 24, 2017, and Presidential Proclamation 9983, issued on January 31, 2020, shall include, for each country listed in such proclamation— (A) the total number of individuals who applied for a visa during the time period the proclamation was in effect, disaggregated by country and visa category; (B) the total number of visa applicants described in subparagraph (A) who were approved, disaggregated by country and visa category; (C) the total number of visa applicants described in subparagraph (A) who were refused, disaggregated by country and visa category, and the reasons they were refused; (D) the total number of visa applicants described in subparagraph (A) whose applications remain pending, disaggregated by country and visa category; (E) the total number of visa applicants described in subparagraph (A) who were granted a waiver, disaggregated by country and visa category; (F) the total number of visa applicants described in subparagraph (A) who were denied a waiver, disaggregated by country and visa category, and the reasons such waiver requests were denied; (G) the total number of refugees admitted, disaggregated by country; and (H) the complete reports that were submitted to the President every 180 days in accordance with section 4 of Presidential Proclamation 9645 in its original form, and as amended by Presidential Proclamation 9983. (b) Additional reports Not later than 30 days after the date on which the President exercises the authority under section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ), as amended by section 4102 of this Act, and every 30 days thereafter, the Secretary of State, in coordination with the Secretary of Homeland Security and heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in paragraph (3)(D) of such section 212(f) that identifies, with respect to countries affected by a suspension or restriction, the information described in subparagraphs (A) through (G) of subsection (a)(2) and the specific evidence supporting the need for the continued exercise of Presidential Authority under such section 212(f), including the information described in paragraph (3)(B) of such section 212(f). If the report described in this subsection is not provided to such congressional committees in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. A final report with such information shall be prepared and submitted to such congressional committees not later than 30 days after the suspension or restriction is lifted. (c) Form; availability The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form. V General provisions 5101. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act, and the amendments made by this Act. 5102. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010 ( Public Law 111–139 ), shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s5353is/xml/BILLS-117s5353is.xml |
117-s-5354 | II 117th CONGRESS 2d Session S. 5354 IN THE SENATE OF THE UNITED STATES December 22 (legislative day, December 21), 2022 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To assess, prevent, prepare for, respond to, recover, and mitigate biological threats by establishing the One Health Security Council.
1. Short title This Act may be cited as the One Health Security Act . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) Health threats at the human-animal-plant-environment interface pose risks to public health, animal health, environmental health, plant health, and global health security. (2) Population growth— (A) strains food supplies, threatens food sustainability and nutrition, and exacerbates the consequences of intensified food production in the plant and animal sectors; (B) contributes to natural habitat loss, biodiversity loss, and exploitation of wildlife, which has led to the closer proximity of wild animals to domesticated animals and people; (C) increases urbanization and population density in certain regions; and (D) leads to the increased movement of humans, animals, plants, and products made from plants and animals that increases risk of disease transmission. (3) Diseases that are shared between animals and humans are responsible for— (A) approximately 60 percent of all human infections, including all pandemic outbreaks since the 1970s; (B) up to 75 percent of new or emerging infectious diseases affecting humans; and (C) more than 80 percent of the biological agents that could be intentionally released as biological weapons. (4) Plant diseases are responsible for— (A) estimated worldwide yield losses on food crops of between 10 and 20 percent, including up to a 40 percent loss on maize, potato, rice, soybean, and wheat crops; and (B) disrupting trade by contaminating commodities with plant pathogens and insect pests. (5) Changes in the environment have increased the risk of food insecurity and zoonotic and plant diseases emerging in new geographic areas and different times of year by creating— (A) hospitable conditions for— (i) many zoonotic disease vectors, such as mosquitoes and ticks; (ii) plant diseases, vectors, viruses, and pests, such as mildews, aphids, and nematodes; and (iii) the territorial expansion of such diseases, vectors, and pests into places inhabited by humans and wildlife; and (B) an increase in extreme weather events, such as wildfires, hurricanes, floods, and droughts, leading to— (i) the displacement of animals that are seeking refuge in new areas; (ii) mass gatherings of people and domestic animals seeking shelter, resources, and medical attention; (iii) the destruction of fields of plant crops and livestock farms; and (iv) the displacement of wildlife that often feed on surviving agriculture. (6) Human conflict creates major risk for disease outbreaks and food insecurity due to— (A) the movement of displaced people and animals; and (B) the destruction and neglect of agricultural products resulting in reduced crop yields and the inability to transport food. (7) Antimicrobial resistant bacteria, viruses, fungi, parasites, and other microbes impact the ability of health professionals, including physicians, veterinarians, and plant disease specialists, to manage infectious diseases of humans, animals, and plants. (8) Antimicrobial resistant infections kill an estimated 35,000 Americans annually and more than 700,000 people annually worldwide, resulting in a long-term global pandemic of resistant infections. (9) Addressing complex health-related issues that span human, animal, plant, and environmental health requires coordinated efforts, interagency collaboration, and funding mechanisms that are not constrained to the narrow missions of individual Federal agencies. (10) While One Health efforts to mitigate the emergence and impact of pandemics requires a global perspective, there is a critical need for investment in United States national networks and disease surveillance in order to effectively predict and mitigate local emergence of threats that may be missed by global surveillance. (11) The National Biodefense Strategy and Implementation Plan for Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security states, Biological threats can affect humans, animals, plants, and the environment, resulting in significant health, economic, social, and national security impacts. It is therefore important to address biological threats using a One Health approach that recognizes the interconnections among people, animals (domestic and wildlife), plants, and the environment. . (b) Sense of Congress It is the sense of Congress that— (1) supporting global health security requires mobilizing an interagency council to operationalize the One Health concept and approach, which links human, animal, plant, and environmental health; and (2) the United States Government needs to create, support, and allocate funds to interagency projects with effective outcomes, including— (A) coordinated and well-funded surveillance and investigation programs designed to identify emerging One Health challenges, including emerging infectious diseases and pathogen resistance to current treatments; (B) comprehensive One Health monitoring, prevention, mitigation, and outreach programs; (C) innovative research and education efforts focused on addressing current and future One Health challenges; (D) organized and funded crisis resilience exercises to verify crisis management, response, and recovery capabilities at the Federal, State, and local levels; (E) statutory authority for Federal agencies to participate in multiagency One Health projects that are critical to national security; (F) prioritized project execution through a One Health Security Council; and (G) comprehensive, equitable, all-species inclusive, and safe care in response to biological threats. 3. Definitions In this Act: (1) Animal The term animal includes companion, domestic, aquacultural and agricultural livestock, captive and free-ranging wild animals, including invertebrates, such as pollinators. (2) Antimicrobial resistance The term antimicrobial resistance means the process by which microbes, including bacteria, viruses, fungi, parasites, and other microbes, evolve resistance to the effects of a drug used to treat the illnesses they cause. (3) Commercial trade The term commercial trade means trade in animals, plants, other sources of food, and associated products, including production, if— (A) the purpose of such trade is to obtain an economic benefit, whether in cash or otherwise; and (B) such trade is directed toward the sale, resale, or exchange of wildlife, or any other form of economic use or benefit. (4) Council The term Council means the One Health Security Council established under section 4. (5) Dual use biomedical research The term dual use biomedical research means biomedical research intended for legitimate purposes, but having the potential for both benevolent and malevolent applications. (6) Network The term Network means the One Health Security and Pandemic Preparedness Network. (7) One health The term One Health — (A) recognizes the interconnection between people, animals (including domestic and wildlife), plants, and their shared environments (including ecosystems); (B) refers to a collaborative, multisectoral, and transdisciplinary approach, working at the local, regional, national, and global levels, with the goal of achieving optimal health outcomes for the linked systems described in subparagraph (A); and (C) includes matters related to— (i) zoonotic and vector-borne diseases; (ii) the evolution of antimicrobial resistance and stewardship of antimicrobials against organisms, including viruses, bacteria, fungi, and parasites (both pathogenic and non-pathogenic); (iii) risks to animals, plants, other sources of food, and the health of the natural environment, including soil, air, and water; (iv) the use of animals, plants, and the environment as sentinels for human and ecosystem health risks; (v) non-zoonotic infectious diseases associated with global trade; (vi) crises adversely affecting domestic and global commerce in animal populations, plant crops, imported food products, and other sources of safe and nutritious food; (vii) the risks to biodiversity and the well-being of all life on Earth; and (viii) other contexts related to the interconnectedness and shared biological and social systems from comparative medicine and translational research across different species of animals and humans to noncommunicable diseases from exposure to environmental toxins and contaminants inevitably affecting all life forms. (8) One health security The term One Health Security — (A) means the operational and functional security of the Nation’s One Health systems against naturally occurring, accidental, and deliberate biological threats, including identified threats, criminal acts, terrorist acts, supply chain failure and system failure, cyberattacks, or other relevant threats affecting One Health and national security; and (B) requires the integration of professionals with expertise in security, law enforcement, and intelligence to join the veterinary, agricultural, environmental, ecological, and human health experts who are essential to One Health and national security. (9) Other sources of food The term other sources of food means any food that is not from a plant or animal source, such as fungi and algae. (10) Plant The term plant includes— (A) commercial, local, public, and private plants used in agriculture, forestry, and nurseries; and (B) native, imported, and endangered plants, including weeds. (11) Spillover The term spillover means a single event during which a pathogen in 1 species moves into another species. (12) Wildlife The term wildlife means mammals, birds, fish, reptiles, and amphibians of wild origin, whether removed directly from the wild or born or bred in captivity. (13) Wildlife market The term wildlife market — (A) means a commercial market that sells, processes, or slaughters wildlife or their products for human consumption; and (B) does not include markets in areas where no other practical alternative sources of protein or meat exists, such as markets in rural areas that may trade in wildlife and on which indigenous people rely to feed themselves and their families. (14) Zoonotic disease The term zoonotic disease means any disease that is transmissible between animals and humans. 4. One Health Security Council (a) Establishment There is hereby established, in the Executive Office of the President, an interagency policy council, which shall be known as the One Health Security Council . (b) Functions The Council shall— (1) advise the President with respect to the integration of domestic, foreign, and military policies relating to One Health Security and to enable Federal agencies to cooperate more effectively in matters involving One Health Security; (2) assess and appraise— (A) the objectives and commitments of the United States to protecting One Health Security; (B) the actual and potential capacity of the United States to protect One Health Security; (C) the objectives and goals of the National Biodefense Strategy and Implementation Plan on Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security; and (D) the risks of not fulfilling related objectives and commitments; (3) make recommendations to the President concerning— (A) the matters described in paragraph (2); and (B) policies to effectively coordinate on matters of common interest to Federal agencies involved with One Health Security; and (4) coordinate the United States Government response to One Health Security threats, including by— (A) reducing the threat of zoonotic disease impacts on public health and national security; (B) reducing the occurrence of infectious diseases of humans, animals, and plants and their antimicrobial resistance to treatments; (C) addressing other cross-cutting, multi-sectoral needs, including pandemic prevention and noninfectious health threats, such as ecosystem health, chemicals, toxins, and natural disasters; (D) fostering collaborative and innovative efforts among academic, private, and government entities to improve— (i) One Health surveillance, detection, prevention, response, mitigation, and recovery efforts and capabilities; and (ii) antimicrobial stewardship; (E) coordinating the acquisition, analysis, and dissemination of information relevant to novel and emerging health threats, such as medical intelligence and biosurveillance, including— (i) the role and impact of misinformation and disinformation on relevant information to One Health; (ii) the role of risk communication; (iii) adaptive strategies to improve communication and dissemination of scientific and evidence-based public health information to the public, to improve such communication between Federal, State, local, and Tribal health officials, and, as appropriate, to address misinformation and disinformation; (iv) the most effective methods for the dissemination of information, including between Federal agencies and members of the Council; and (v) the best practices for communicating information to populations that may be impacted by such misinformation and disinformation; (F) fostering a sustainable network of health care institutions that is able to provide comprehensive care to patients infected with zoonotic diseases, while keeping the health care workforce safe; and (G) promoting a regulated and transparent research network that can study emerging diseases, with a focus on routes of transmission and medical countermeasures. (c) Objectives The Council shall ensure that Federal, State, Tribal, and local governments are taking a whole-of-country approach to One Health Security policies and programs for the United States that— (1) supports interdisciplinary, cross-sectoral collaboration designed to address the complex systems underlying health threats in humans, animals, plants, and the environment, especially zoonosis and antimicrobial resistance, food security, and natural disasters; (2) ensures alignment and structural balance among agencies, academia and the private sector in addressing One Health Security challenges and opportunities; (3) promotes integrated action for early detection, prevention, mitigation, and response to health threats, especially zoonotic disease spillover and outbreaks around the world; (4) addresses the cooperative and timely dissemination of data among agencies and institutions and with the public, and the handling of communications; and (5) ensures that all deliberations, discussions, and meetings involving Federal agencies are subject to the recording provisions of chapter 5 of title 5, United States Code (commonly known as the Administrative Procedures Act ). (d) Leadership (1) Chair The National Security Advisor shall serve as Chair of the Council. (2) Vice chair There shall be up to 3 Vice Chairs of the Council, who shall be selected among the representatives of the Federal agencies referred to in subparagraphs (A), (B), (C), (D), (H), and (M) of subsection (e)(1). Vice Chairs shall serve terms of 3 years, rotating in alphabetical order by name of department or agency. If the Chair is absent from a meeting of the Council, a Vice Chair, who shall be designated by the Chair, shall assume the responsibilities of the Chair during such absence. (e) Composition (1) In general The Council shall be composed of the heads of— (A) the Department of State; (B) the Department of Health and Human Services; (C) the Environmental Protection Agency; (D) the Department of Agriculture; (E) the Department of Commerce; (F) the Department of Defense; (G) the Department of the Treasury; (H) the Department of Homeland Security; (I) the Office of the Director of National Intelligence; (J) the National Science Foundation; (K) the Department of Energy; (L) the Department of Justice; (M) the Department of the Interior; and (N) such other offices of the United States Government as the President may designate. (2) Appointments The head of each agency or organization listed under paragraph (1)— (A) shall— (i) represent such agency on the Council; or (ii) appoint a senior-level staff member to represent such agency on the Council; and (B) may modify an appointment under subparagraph (A)(ii) at any time other than during a Council meeting. (3) Involvement of other federal agencies Council members shall actively invite the Federal agencies and subagencies that have One Health Security responsibilities— (A) to participate, in a nonvoting capacity, in Council meetings and activities, as appropriate; and (B) to remain actively engaged with the Council on an ongoing basis, including by sharing and discussing One Health Security-related research, programming, policy, and funding. (4) Staff (A) In general The Council may hire staff members to assist in carrying out its responsibilities under this section. (B) Expertise Council members shall strive to hire staff who have— (i) varied, cross-cutting expertise in a variety of global One Health topics, including human, animal, plant, and environmental health, conservation, epidemiology, biodiversity, food security, ecology, economics, sociology, data analysis, and medical sciences; (ii) expertise specific to the ecological determinants and prevention of zoonotic and vector-borne disease spillover, amplification, and spread; (iii) expertise specific to health communication; (iv) One Health education; and (v) national security and intelligence. (f) Meetings (1) In general The Council shall meet not less frequently than quarterly to review progress, share new information and knowledge, and attend to other business. (2) Agenda The Chair of the Council, in consultation with the Vice Chairs, is authorized to convene Council meetings and set the agenda for such meetings. Meeting agendas shall be made available to the public. (3) Remote attendance authorized Council members may participate in Council meetings from remote locations. (4) Participation with stakeholders In order to facilitate the coordination of One Health Security efforts, representatives of key stakeholders shall be invited to attend not fewer than 2 Council meetings per year in a nonvoting role. Such stakeholders may include— (A) the Food and Agriculture Organization of the United Nations; (B) the United Nations Environment Programme; (C) the World Organisation for Animal Health; (D) the World Health Organization; (E) the International Monetary Fund; (F) the World Bank; (G) nongovernmental organizations; (H) academic institutions; (I) professional organizations representing veterinarians, physical and mental health professionals, plant pathologists, environmental scientists, people with disabilities, and other relevant experts; (J) national laboratories, foundations, or other private sector groups; and (K) State, territories, Tribes, and local governments. (g) Major activities The Council shall— (1) develop a comprehensive One Health Security Strategy; (2) beginning 1 year after the date of the enactment of this Act, provide annual recommendations to Congress regarding the optimal distribution of One Health Security funding, including the disbursement of appropriated funds through interagency agreements, to support— (A) One Health educational activities and programs— (i) for primary and secondary education students through the Department of Education; and (ii) primary, secondary, and tertiary education students through the National Science Foundation; (B) the National Plant Diagnostics Network; (C) the National Animal Health Laboratory Network; (D) One Health educational programs for the public, including sponsored annual conferences and readiness exercises, which shall be conducted not more frequently than semiannually by the National Park Service, the Army Educational Outreach Service, and the Fish and Wildlife Service to achieve the global One Health goals and the United Nations Sustainable Development Goals; and (E) intramural and extramural programs intended to achieve the purposes set forth in the One Health Security Strategy that are led by international organizations, such as the stakeholders listed in subparagraphs (A) through (K) of subsection (f)(4) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora Secretariat; (3) provide continuous updates on internationally reportable high-risk incidents adversely affecting the security and stability of One Health Security programs and efforts; (4) analyze the scope and context of all One Health Security-related activities receiving Federal funding, including activities partially funded with non-Federal funds, to identify opportunities, gaps, duplications, existing relationships, organizational strengths, and the degree to which such activities align with the goals identified by the Council and the One Health Security Strategy; (5) make recommendations to Congress and relevant executive branch agencies regarding the scope and context of One Health Security-related activities receiving Federal funding, including the role and impact of misinformation and disinformation related to One Health Security-related activities; (6) facilitate public-private partnerships, including zoological and aquatic parks, and government-university partnerships to accelerate impact, increase cost-effectiveness, and better address the root drivers of spillover and spread; (7) regularly consult with foreign governments, nongovernmental organizations, foundations, and international organizations, including the World Bank, the International Monetary Fund, the World Health Organization, the World Organisation for Animal Health, the Food and Agriculture Organization, and the United Nations Environmental Programme that carry out One Health Security-related activities; (8) provide guidance to the Office of Management and Budget regarding the types of activities that should be classified as related to One Health Security and global One Health; (9) identify research gaps and opportunities, particularly those that can be addressed by researchers and research organizations in the United States; and (10) identify specific crisis response and incident response capabilities of each State for spillover events and other health threats and submit semiannual reports to Congress describing each State’s One Health crisis readiness. (h) Decision Making (1) One health security strategy (A) Comment period The Council shall— (i) provide a 60-day public comment period before finalizing the One Health Security Strategy; and (ii) incorporate the input received from the public during such period, as appropriate. (B) Voting and resolving disagreements If the Council requires a vote or cannot reach consensus regarding any element in the One Health Security Strategy, including strategic goals, programming priorities, and funding priorities, the Council members shall vote on the competing options, with the presiding Chair casting the deciding vote, if necessary. The option supported by a simple majority of Council members shall be included in the One Health Security Strategy. When casting votes, Council members shall consult with their relevant subagencies, as needed. Each department or agency will be allowed only 1 vote regardless of the amount of representation or stakeholders present at the meeting. (2) Quorum If 1 or more Council members impede the ability of the Council to perform its duties by repeatedly failing to attend Council meetings or refusing to vote on Council matters, a majority of Council members who are present and voting shall constitute a quorum and may approve previously noticed decision items through a simple majority. Council meetings may not commence without the participation of a quorum of at least 8 voting members. (3) OMB observer The Director of the Office of Management and Budget may send an observer to any Council meeting at which the Council is expected to make a decision regarding the distribution of Federal funding to a project. Such observer may not vote on Council matters. 5. One Health Security Strategy (a) In general The One Health Security Strategy required under section 4(g)(1) shall build from, link with, and contribute to existing domestic and international One Health Security-related efforts, including— (1) efforts outlined by the Global Health Security Agenda, the interagency Task Force for Combating Antibiotic-Resistant Bacteria, the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, and the Presidential Task Force to Combat Wildlife Trafficking; (2) existing strategies, such as the National Security Strategy, the Global Health Security Strategy, the National Health Security Strategy, the National Strategy for Combating Wildlife Trafficking, and the National Biodefense Strategy and Implementation Plan for Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security; (3) Federal investments related to such efforts and strategies, such as the Biomedical and Advanced Research and Development Authority, the Administration for Strategic Preparedness and Response, the World Health Organization, the World Organisation for Animal Health, the Food and Agriculture Organization, and the United Nations Environmental Programme; and (4) the programs and activities described in the inventory and capabilities assessment carried out pursuant to section 7(b). (b) Elements The One Health Security Strategy shall include— (1) a definition of the scope of One Health Security that— (A) aligns with existing practices by the member agencies of the One Health Security Council to the extent possible and considers governmental and nongovernmental definitions for One Health, such as definitions offered by the World Health Organization’s One Health High-Level Expert Panel, the Quadripartite organization’s One Health Joint Plan of Action, and the National Biodefense Strategy and Implementation Plan for Countering Biological Threats, Enhancing Pandemic Preparedness, and Achieving Global Health Security, published in October 2022; and (B) includes— (i) zoonotic disease and vector-borne disease prevention, detection, and response and all aspects of prevention of resistance to pathogen treatments; (ii) issues related to the matters described in clause (i), such as— (I) legal and illegal wildlife trafficking and commercial trade, including wildlife markets, animal husbandry, habitat destruction, and degradation; (II) biodiversity loss; and (III) climate change; (iii) plant disease prevention, detection, response, and surveillance; (iv) risk of intentional misuse of advances in biotechnology; (v) accidental release of biological agents; and (vi) threats posed by terrorist groups or adversaries seeking to use biological weapons; (2) short-term (1 year) objectives, intermediate-term (2 to 3 years) objectives, and long-term (4 years or more) objectives; (3) prioritized areas for further study and targeted technological investments, such as— (A) targeted vaccines, the development of novel vaccine pipelines, and judicious antimicrobial usage for people, plants, and animals to reduce antimicrobial resistance; (B) new diagnostic test pipelines to rapidly detect and monitor pathogens in animals, plants, and humans; (C) advanced technologies for animal, human, and plant disease surveillance, conservation and other related surveillance, and actionable data, including wastewater surveillance and use of predictive analytics, user behavior analytics, or certain other advanced data analytics methods that extract value from large and multiple data sets to improve and target surveillance; (D) data sharing best practices among Federal agencies and partners that can utilize data in disease surveillance; (E) research networks, such as the National Emerging Special Pathogens Training and Education Center’s Special Pathogens Research Network, to study novel countermeasures for emerging zoonotic pathogens; (F) the manufacturing and timely distribution of vaccines, therapeutics, and remedies to biological threats; and (G) other research priorities identified by the Council; (4) prioritized activities to prevent and address One Health Security threats, including zoonotic, vector-borne, and plant disease amplification and spread, including— (A) pathogen and risk identification and mitigation in advance of spillover; (B) surveillance and containment activities, including efforts to incentivize and encourage early reporting of risk alerts, spillover events, localized outbreaks, and routine surveillance; (C) global efforts to coordinate antimicrobial resistance response in humans and animals; (D) efforts to eliminate wildlife trafficking; (E) efforts to stop habitat destruction or degradation, deforestation, and biodiversity loss; (F) efforts to promote food security and safety through animal, plant, and other sources of food disease and health surveillance, including in populations dependent on wildlife for protein; (G) efforts to reduce consumer demand for wildlife, wildlife products, and restricted and endangered plants, including protected wood and other tree products, identified in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8429); (H) efforts to support integrated emergency response to identified spillover crises and related threats; (I) protocol development to improve holistic response to and recovery from disease outbreaks in animals, plants, and humans; (J) One Health workforce development to prevent and respond to disease outbreaks and other health threats affecting animals, plants, humans, and the environment; (K) efforts to identify and mitigate dissemination of misinformation and disinformation related to One Health; (L) other efforts to protect the collective health of animals, humans, plants, and the environment, especially those conducted through global collaborations and partnerships; (M) enhanced partnerships with academia to teach plant health and disease surveillance in universities to address workforce gaps; and (N) preparing and equipping health care institutions for managing patients with emerging zoonotic diseases in a safe and equitable manner; (5) a description of proposed incentives to encourage national and subnational engagement in One Health Security efforts, particularly community education and mobilization activities and participation in data collection and reporting activities in support of the One Health Security Strategy; (6) anticipated measures of success, including benchmarks to monitor progress of short-, medium-, and long-term objectives; (7) a description of how the strategy reflects and builds from existing Federal organizational activities, relationships, and capabilities; (8) a description of how the strategy addresses gaps, especially those identified in the inventory and capabilities assessment carried out pursuant to section 7(b); (9) direction, oversight, and coordination of the One Health Security and Pandemic Preparedness Network; and (10) semiannual readiness exercises to test, validate, and improve the emergency response operations of the One Health Security and Pandemic Preparedness Network. 6. Advisory committees (a) Technical Advisory Committee (1) In general The Council shall establish and semiannually convene a Technical Advisory Committee, which shall be composed of United States Government One Health Security experts who represent a variety of sectors, including experts in human, animal, plant and environmental health, conservation, emerging pathogens, and ecology. (2) Member selection priorities The Council shall prioritize the selection of committee members with existing expertise that will help advance the objectives of the One Health Security Strategy, including experts from academia, nongovernmental organizations, industry, and State, local, territorial, and Tribal governments. (3) Guidance The Technical Advisory Committee shall provide technical and programmatic guidance to the Council relating to the implementation of One Health Security programs, which shall be included in annual reports that are available to the public. (4) Additional recommendations In addition to the guidance described in paragraph (3), the Technical Advisory Committee may provide additional recommendations to Congress, Federal agencies, or international organizations that are outside the scope of the Council’s responsibilities under this Act. (b) Scientific Advisory Committee (1) In general The Council shall establish a standing Scientific Advisory Committee, which shall be composed of global One Health academics based at institutions of higher learning, including— (A) individuals with expertise in human, animal, plant, and environmental health, conservation, and ecology; and (B) experts from foreign countries, as appropriate. (2) Member selection priorities The Council shall prioritize the selection of committee members with existing expertise that will help advance the objectives of the One Health Security Strategy, including experts from academia, nongovernmental organizations, industry, and State, local, territorial, and tribal governments. (3) Guidance The Scientific Advisory Committee shall— (A) provide regular updates to the Council regarding recent scientific advances and opportunities; (B) provide scientific guidance to the Council to inform strategic direction; (C) provide scientific guidance to the Task Force for Combating Antibiotic-Resistant Bacteria regarding the operation of the One Health Security and Pandemic Preparedness Network; and (D) not later than the last day of each fiscal year, submit an annual Spillover Threat Report outlining remedial and corrective actions relevant to the effective operation of the One Health Security System to the Task Force for Combating Antibiotic-Resistant Bacteria. 7. Reports (a) Initial work plan Not later than 6 months after the date of the enactment of this Act, the Council shall submit the initial 12-month work plan to— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Health, Education, Labor, and Pensions of the Senate ; (3) the Committee on Environment and Public Works of the Senate ; (4) the Committee on Agriculture, Nutrition, and Forestry of the Senate ; (5) the Committee on Homeland Security and Governmental Affairs of the Senate ; (6) the Committee on Armed Services of the Senate ; (7) the Committee on Foreign Affairs of the House of Representatives ; (8) the Committee on Energy and Commerce of the House of Representatives ; (9) the Committee on Science, Space, and Technology of the House of Representatives ; (10) the Committee on Agriculture of the House of Representatives ; (11) the Committee on Homeland Security of the House of Representatives ; and (12) the Committee on Armed Services of the House of Representatives . (b) Inventory and capabilities assessment (1) In general The Council shall carry out a synthesized inventory and capabilities assessment that includes— (A) an inventory of current One Health Security-related activities by each Federal agency; (B) a description of each Federal agency’s existing capabilities and authorizations; (C) a description of the interagency collaboration within each participating Federal agency to achieve One Health Security goals; and (D) a collective gap analysis of Federal agency crisis response readiness issues. (2) Report Not later than 1 year after the date of the enactment of this Act, the Council shall submit a report to the congressional committees listed in subsection (a) that contains the information described in paragraph (1). (c) One Health Security Strategy Not later than 1 year after the date of the enactment of this Act, the Council shall submit the One Health Security Strategy to the congressional committees referred to in subsection (a). (d) Annual reports Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Council shall submit a report to the congressional committees listed in subsection (a) that includes— (1) an updated One Health Security Strategy, as appropriate; (2) an implementation plan for the upcoming 12-month period; (3) a financial report that includes an accounting of funds appropriated to carry out this Act; (4) the latest version of the Council’s monitoring and evaluation plan; (5) a monitoring and evaluation report for the reporting period; (6) summaries of the minutes from Council meetings held during the reporting period; (7) the status of One Health Security-related activities receiving Federal funding; (8) prevailing strategic guidance and priorities; (9) an executive summary of the challenges and achievements of the Council during the reporting period; (10) a summary of the progress made toward building the One Health Security and Pandemic Preparedness Network in accordance with section 8, including— (A) the total funds appropriated, obligated, and expended to build the One Health Security and Pandemic Preparedness Network; (B) an assessment of the efficacy of One Health Security and Pandemic Preparedness Network programs receiving Federal funding; and (C) other activities undertaken by the One Health Security and Pandemic Preparedness Network; (11) a summary of additional personnel hired with funding appropriated pursuant to section 8, disaggregated by Federal agency; (12) a description of the partnerships developed with other institutions of higher learning and nongovernmental organizations to carry out the One Health Security Strategy; and (13) a copy of the annual Spillover Threat Report prepared by the Scientific Advisory Committee pursuant to section 6(b)(3)(D). (e) Monitoring and investigations If the Council determines that a foreign country or syndicate is engaged in illegal deforestation or illegal trade or trafficking of wildlife, or that increasing or decreasing existing or potential sanctions or law enforcement actions with respect to such country would expedite the achievement of Council goals, the Council shall submit a report to the President and Congress that describes the evidence supporting such determination, which may include recommended sanctions or law enforcement actions against such country. (f) Dual-Use research Oversight of federally conducted or federally supported dual use biomedical research, such as the review of policies or frameworks used to assess and appropriately manage safety and security risks associated with such research, taking into consideration national security concerns, the potential benefits of such research, considerations related to the research community, transparency, and public availability of information, and international research collaboration. (g) Public availability All of the reports required under this section shall be made available to the public and may include a classified annex, as necessary. 8. Authorization of appropriations (a) Startup funding There is authorized to be appropriated $55,000,000 to the Office of Management and Budget (referred to in this subsection as OMB ) for fiscal year 2023, of which— (1) $45,000,000 shall be allocated by the Council among the appropriate Federal agencies— (A) to collect key information; (B) to conduct key research; and (C) to initiate other key activities, as determined by the One Health Security Council; and (2) $10,000,000 may be used to carry out the internal operations of the Council, including staffing, travel, and other administrative expenses. (b) Second-Year funding (1) In general There is authorized to be appropriated $500,000,000 to the OMB for fiscal year 2024. The Council is authorized to allocate such funding among the appropriate Federal agencies to carry the functions of the Council. Of such amounts— (A) 75 percent may be spent for new or expanded One Health Security activities; and (B) 25 percent may be spent to flexibly respond to developing events and fill gaps left by congressional and agency decisions. (2) Recommendations Not later than September 30, 2023, the Council shall submit a report to the congressional committees listed in section 7(a), the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives that contains recommendations that— (A) describe the optimal allocation of amounts appropriated pursuant to paragraph (1); (B) reflect the Federal agency competencies identified in the inventory and capabilities assessment carried out pursuant to section 7(b), including the utilization of existing bilateral and multilateral mechanisms, as appropriate; and (C) are made in accordance with the decision-making parameters described in section 4(h). (c) Ongoing funding (1) In general There is authorized to be appropriated $900,000,000 to the OMB for fiscal year 2025, and for each fiscal year thereafter. The Council is authorized to allocate such funding among the appropriate Federal agencies to carry out the functions of the Council. Of such amounts— (A) $675,000,000 may be expended each fiscal year for new or expanded Global One Health activities; and (B) $225,000,000 may be expended each fiscal year to flexibly respond to developing events and fill gaps left by congressional and agency decisions. (2) Recommendations Not later than September 30, 2024, and not later than the last day of each subsequent fiscal year, the Council shall submit a report to the congressional committees listed in section 7(a), the Committee on Appropriations of the Senate , and the Committee on Appropriations of the House of Representatives that contains recommendations describing the optimal allocation of amounts appropriated pursuant to paragraph (1) for the following fiscal year. (d) Disbursement Amounts appropriated pursuant to this section— (1) may be disbursed through the appropriate Federal agencies to nongovernmental organizations and international organizations for approved One Health Security activities; or (2) may be expended for programs conducted by Federal agencies in accordance with appropriations Acts and the approved One Health Security Strategy. (e) Supplement and not supplant Amounts appropriated pursuant to this section shall supplement, and may not supplant, any existing funding for global One Health Security-related activities. (f) Cross-Cutting budget code The Director of the OMB, in accordance with the guidance received from the Council pursuant to section 4(g)(10), shall establish a cross-cutting budget code to identify existing and new One Health Security-related activities and funding levels by Federal agency. (g) Compliance with recommendations Any Federal agency engaged in One Health Security-related activities shall— (1) comply with Council recommendations when making funding decisions for such activities; and (2) use Council recommendations to guide funding decisions pertaining to One Health Security-related activities funded outside of the jurisdiction of the Council. | https://www.govinfo.gov/content/pkg/BILLS-117s5354is/xml/BILLS-117s5354is.xml |
117-s-5355 | II 117th CONGRESS 2d Session S. 5355 IN THE SENATE OF THE UNITED STATES December 22, 2022 Mr. Scott of Florida (for himself and Mr. Rubio ) introduced the following bill; which was read twice, considered, read the third time, and failed of passage A BILL Making emergency supplemental appropriations for disaster relief for the fiscal year ending September 30, 2023, and for other purposes.
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023, and for other purposes, namely: I DEPARTMENT OF AGRICULTURE AGRICULTURAL PROGRAMS Processing, Research and Marketing Office of the Secretary For an additional amount for Office of the Secretary , $3,741,715,000, to remain available until expended, for necessary expenses related to losses of revenue, quality or production losses of crops (including milk, on-farm stored commodities, crops prevented from planting in 2022, and harvested adulterated wine grapes), trees, bushes, and vines, as a consequence of droughts, wildfires, hurricanes, floods, derechos, excessive heat, tornadoes, winter storms, freeze, including a polar vortex, smoke exposure, and excessive moisture occurring in calendar year 2022 under such terms and conditions as determined by the Secretary: Provided, That the Secretary may provide assistance for such losses in the form of block grants to eligible States and territories: Provided further , That of the amounts provided under this heading in this Act, the Secretary shall use up to $494,500,000 to provide assistance to producers of livestock, as determined by the Secretary of Agriculture, for losses incurred during calendar year 2022 due to hurricanes, drought, or wildfires: Provided further, That the amount provided under this heading in this Act shall be subject to the terms and conditions set forth in the first, second, fourth through sixth, and eighth through twelfth provisos under this heading in title I of the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117–43 ), except that each reference to 2020 or 2021 in such provisos in such Act shall be deemed to be a reference instead to 2022. Agricultural research service BUILDINGS AND FACILITIES For an additional amount for Buildings and Facilities , $58,000,000, to remain available until expended. Food safety and inspection service For an additional amount for Food Safety and Inspection Service , $29,700,000, to remain available until expended. FARM PRODUCTION AND CONSERVATION PROGRAMS Farm Service Agency EMERGENCY FOREST RESTORATION PROGRAM For an additional amount for Emergency Forest Restoration Program , $27,000,000, to remain available until expended. Natural Resources Conservation Service WATERSHED AND FLOOD PREVENTION OPERATIONS For an additional amount for Watershed and Flood Prevention Operations for necessary expenses for the Emergency Watershed Protection Program, $925,000,000, to remain available until expended. RURAL DEVELOPMENT PROGRAMS Rural Housing Service RURAL HOUSING ASSISTANCE GRANTS For an additional amount for Rural Housing Assistance Grants , $60,000,000, to remain available until expended, for necessary expenses related to homes damaged by Presidentially declared disasters in calendar year 2022: Provided, That 42 U.S.C. 1471(b)(3) shall not apply: Provided further, That the income limit shall be capped at 80 percent of the area median income: Provided further, That, notwithstanding section 1490m(c)(2) of such title, a grant made under 42 U.S.C. 1490m of such title using funds made available under this heading in this Act, may not exceed $50,000. RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT For an additional amount for Rural Community Facilities Program Account , $75,300,000, to remain available until expended: Provided, That of the amounts provided under this heading in this Act, $50,000,000 shall be for necessary expenses for grants to repair essential community facilities damaged by Presidentially declared disasters in calendar year 2022: Provided further, That the percentage of the cost of the facility that may be covered by a grant pursuant to the preceding proviso shall be 75 percent. Rural Utilities Service RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT For an additional amount for Rural Water and Waste Disposal Program Account , $325,000,000, to remain available until expended: Provided, That of the amounts provided under this heading in this Act, $265,000,000 shall be for necessary expenses related to water systems damaged by Presidentially declared disasters in calendar year 2022: Provided further, That, notwithstanding section 343(a)(13)(B) of the Consolidated Farm and Rural Development Act, a grant using funds made available pursuant to the preceding proviso may not be awarded to a community with a population of more than 35,000 people: Provided further, That not to exceed $8,000,000 of the amount made available pursuant to the first proviso shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(22) of the Consolidated Farm and Rural Development Act. GENERAL PROVISIONS—THIS TITLE 101. In addition to other funds available for such purposes, not more than three percent of the amounts provided in each account under the Rural Development Programs heading in this title shall be paid to the appropriation for Rural Development, Salaries and Expenses for administrative costs to carry out the emergency rural development programs in this title. 102. For necessary expenses for salary and related costs associated with Agriculture Quarantine and Inspection Services activities pursuant to 21 U.S.C. 136a(6) , and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $125,000,000, to remain available until September 30, 2024, to offset the loss of quarantine and inspection fees collected pursuant to sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 21 U.S.C. 136 , 136a): Provided, That amounts made available in this section shall be treated as funds collected by fees authorized under sections 2508 and 2509 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 21 U.S.C. 136 , 136a) for purposes of section 421(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 231(f) ). II DEPARTMENT OF COMMERCE Economic Development Administration ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS (INCLUDING TRANSFERS OF FUNDS) Pursuant to section 703 of the Public Works and Economic Development Act ( 42 U.S.C. 3233 ), for an additional amount for Economic Development Assistance Programs for necessary expenses related to flood mitigation, disaster relief, long-term recovery, and restoration of infrastructure in areas that received a major disaster designation as a result of Hurricanes Ian and Fiona, and of wildfires, flooding, and other natural disasters occurring in calendar years 2021 and 2022 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $500,000,000, to remain available until expended: Provided, That within the amount appropriated under this heading in this Act, up to 3 percent of funds may be transferred to the Salaries and Expenses account for administration and oversight activities: Provided further, That the Secretary of Commerce is authorized to appoint and fix the compensation of such temporary personnel as may be necessary to implement the requirements under this heading in this Act, without regard to the provisions of title 5, United States Code, governing appointments in competitive service: Provided further, That within the amount appropriated under this heading in this Act, $2,000,000 shall be transferred to the Office of Inspector General account for carrying out investigations and audits related to the funding provided under this heading in this Act. For an additional amount for Economic Development Assistance Programs for grants authorized by sections 28 and 29 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a and 3722b), $618,000,000, to remain available until expended, of which $459,000,000 shall be for grants under section 28 and $159,000,000 shall be for grants under section 29 in amounts determined by the Secretary. National Institute of Standards and Technology SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES For an additional amount for Scientific and Technical Research and Services to investigate the impacts of hurricanes, typhoons, and wildfires in calendar year 2022 to support the development of resilience standards with regard to weather and climate disasters, in addition to the underlying research to support those standards, and for necessary expenses to carry out investigations of building failures pursuant to the National Construction Safety Team Act of 2002 ( 15 U.S.C. 7301 ), $40,000,000, to remain available until expended. INDUSTRIAL TECHNOLOGY SERVICES For an additional amount for Industrial Technology Services , $27,000,000, to remain available until expended, to implement the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167 ), of which $13,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $14,000,000 shall be for the Manufacturing USA Program. National Oceanic and Atmospheric Administration OPERATIONS, RESEARCH, AND FACILITIES For an additional amount for Operations, Research, and Facilities for necessary expenses related to the consequences of hurricanes, typhoons, flooding, and wildfires in calendar year 2022, $29,000,000, to remain available until September 30, 2024, for repair and replacement of observing assets, real property, and equipment; for marine debris assessment and removal; and for mapping, charting, and geodesy services. For an additional amount for Operations, Research, and Facilities , $62,000,000, to remain available until September 30, 2024, of which $20,000,000, to remain available until expended, shall be to carry out activities described in title II of division JJ of the Consolidated Appropriations Act, 2023 to support the adoption of innovative fishing gear deployment and fishing techniques to reduce entanglement risk to North Atlantic right whales, including through cooperative agreements pursuant to the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3701 ). PROCUREMENT, ACQUISITION AND CONSTRUCTION For an additional amount for Procurement, Acquisition and Construction for the acquisition of hurricane hunter aircraft and related expenses as authorized under section 413(a) of the Weather Research and Forecasting Innovation Act of 2017 ( Public Law 115–25 ), $327,701,000, to remain available until expended. For an additional amount for Procurement, Acquisition and Construction , $108,838,000, to remain available until September 30, 2025. FISHERIES DISASTER ASSISTANCE For an additional amount for Fisheries Disaster Assistance for necessary expenses associated with the mitigation of fishery disasters, $300,000,000, to remain available until expended: Provided, That such funds shall be used for mitigating the effects of commercial fishery failures and fishery resource disasters declared by the Secretary of Commerce. DEPARTMENT OF JUSTICE Federal prison system BUILDINGS AND FACILITIES For an additional amount for Buildings and Facilities , $182,000,000, to remain available until expended. SCIENCE National Aeronautics and Space Administration CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION For an additional amount for Construction and Environmental Compliance and Restoration for repair and replacement of National Aeronautics and Space Administration facilities damaged by Hurricanes Ian and Nicole or scheduled for derating due to deterioration, $189,400,000, to remain available until expended. For an additional amount for Construction and Environmental Compliance and Restoration , $367,000,000, to remain available until September 30, 2028. National Science Foundation RESEARCH AND RELATED ACTIVITIES For an additional amount for Research and Related Activities for necessary expenses related to damage to research facilities and scientific equipment in calendar year 2022, including related to the consequences of hurricanes or wildfires, $2,500,000, to remain available until September 30, 2024. For an additional amount for Research and Related Activities , $818,162,000, to remain available until September 30, 2024, of which $210,000,000 shall be to implement the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167 ). STEM EDUCATION For an additional amount for STEM Education , $217,000,000, to remain available until September 30, 2024, of which $125,000,000 shall be to implement the Research and Development, Competition, and Innovation Act (division B of Public Law 117–167 ). RELATED AGENCIES Legal Services Corporation PAYMENT TO THE LEGAL SERVICES CORPORATION For an additional amount for Payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act by providing for necessary expenses related to the consequences of hurricanes, flooding, wildfires, and other extreme weather that occurred during calendar year 2022, $20,000,000, to remain available until September 30, 2023: Provided, That none of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 , and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2022 and 2023, respectively, and except that sections 501 and 503 of Public Law 104–134 (referenced by Public Law 105–119 ) shall not apply to the amount made available under this heading in this Act: Provided further, That, for the purposes of this Act, the Legal Services Corporation shall be considered an agency of the United States. GENERAL PROVISION—THIS TITLE 201. Unobligated balances from amounts made available in paragraph (1) under the heading Procurement, Acquisition and Construction in the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117–43 ) may be used for necessary expenses related to the consequences of hurricanes or wildfires in calendar year 2022: Provided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) of such concurrent resolution and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. III DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE—MILITARY OPERATION AND MAINTENANCE Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy , $82,875,000, to remain available until September 30, 2023, for necessary expenses related to the consequences of Hurricanes Ian and Fiona. Operation and Maintenance, Army Reserve For an additional amount for Operation and Maintenance, Army Reserve , $6,786,000, to remain available until September 30, 2023, for necessary expenses related to the consequences of Hurricanes Ian and Fiona. Operation and Maintenance, Army National Guard For an additional amount for Operation and Maintenance, Army National Guard , $16,572,000, to remain available until September 30, 2023, for necessary expenses related to the consequences of Hurricanes Ian and Fiona. IV CORPS OF ENGINEERS—CIVIL DEPARTMENT OF THE ARMY INVESTIGATIONS For an additional amount for Investigations for necessary expenses related to the completion, or initiation and completion, of flood and storm damage reduction, including shore protection, studies that are currently authorized or that are authorized after the date of enactment of this Act, to reduce risks from future floods and hurricanes, at full Federal expense, $50,000,000, to remain available until expended: Provided, That funds made available under this heading in this Act shall be for high-priority studies of projects in States and insular areas that were impacted by Hurricanes Ian, Fiona, and Nicole: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided under this heading in this Act, including a list of study locations, new studies selected to be initiated, the total cost for all studies, the remaining cost for all ongoing studies, and a schedule by fiscal year of proposed use of such funds: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: Provided further, That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act. CONSTRUCTION For an additional amount for Construction for necessary expenses to address emergency situations at Corps of Engineers projects, construct Corps of Engineers projects, and rehabilitate and repair damages caused by natural disasters to Corps of Engineers projects, $261,300,000, to remain available until expended: Provided, That funds made available in this paragraph in this Act are available to construct flood and storm damage reduction, including shore protection, projects which are currently authorized or which are authorized after the date of enactment of this Act, and flood and storm damage reduction, including shore protection, projects which have signed Chief’s Reports as of the date of enactment of this Act or which are studied using funds provided under the heading Investigations of this Act if the Secretary determines such projects to be technically feasible, economically justified, and environmentally acceptable, in States and insular areas that were impacted by Hurricanes Ian, Fiona, and Nicole: Provided further, That to the extent that ongoing construction projects are constructed using funding pursuant to the first proviso in this paragraph in this Act, such construction shall be at full Federal expense: Provided further, That the Secretary may initiate additional new construction starts with funds provided pursuant to the first proviso in this paragraph in this Act: Provided further, That using funds provided in this paragraph in this Act, the non-Federal cash contribution for projects eligible for funding pursuant to the first proviso in this paragraph in this Act shall be financed in accordance with the provisions of section 103(k) of Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further, That funds made available in this paragraph in this Act may be for ongoing projects that have previously received funds under this heading in the Disaster Relief Appropriations Act of 2013 ( Public Law 113–2 ) and for which non-Federal interests have entered into binding agreements with the Secretary at the time of enactment of this Act: Provided further, That projects receiving funds pursuant to the preceding proviso, shall be subject to the terms and conditions of Disaster Relief Appropriations Act of 2013 ( Public Law 113–2 ): Provided further, That funds made available in this paragraph in this Act may be for projects that have previously received funds under this heading in the Bipartisan Budget Act of 2018 ( Public Law 115–123 ) and for which non-Federal interests have entered into binding agreements with the Secretary at the time of enactment of this Act: Provided further, That projects receiving funds pursuant to the preceding proviso, shall be subject to the terms and conditions of Bipartisan Budget Act of 2018 ( Public Law 115–123 ): Provided further, That funds made available in this paragraph in this Act may be used for projects that have previously received funds under this heading in the Disaster Relief Supplemental Appropriations Act of 2022 ( Public Law 117–43 ) and for which non-Federal interests have entered into binding agreements with the Secretary at the time of enactment of this Act: Provided further, That projects receiving funds pursuant to the preceding proviso, shall be subject to the terms and conditions of Disaster Relief Supplemental Appropriations Act of 2022 ( Public Law 117–43 ): Provided further, That construction of ongoing projects that have previously received funds under this heading from the Disaster Relief Supplemental Appropriations Act of 2022 ( Public Law 117–43 ) to complete certain features, useful increments of work, or components of the project shall be at full Federal expense with respect to funds provided to the project under this heading in such Act or in this paragraph in this Act: Provided further, That of the sums appropriated in this paragraph in this Act, any sums as are necessary to cover the Federal share of eligible construction costs for coastal harbors and channels, and for inland harbors eligible to be derived from the Harbor Maintenance Trust Fund under section 101 or section 104 of the Water Resources and Development Act of 2020 shall be derived from the general fund of the Treasury: Provided further, That for projects receiving funding in this paragraph in this Act, the limitation concerning total project costs in section 902 of the Water Resources Development Act of 1986 ( Public Law 99–662 ), as amended, shall not apply to funds provided in this paragraph in this Act: Provided further, That any projects using funds appropriated in this paragraph in this Act shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring, where applicable, the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project locations, new construction projects selected to be initiated, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress: Provided further, That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided in this paragraph in this Act: Provided further, That amounts repurposed pursuant to this paragraph that were previously designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) of such concurrent resolution and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. For an additional amount for Construction , $297,200,000, to remain available until expended: Provided, That of the funds made available in this paragraph in this Act, $45,000,000 shall be for flood and storm damage reduction: Provided further, That of the funds made available in this paragraph in this Act, $36,575,000 shall be for flood control: Provided further, That of the funds made available in this paragraph in this Act, for flood and storm damage reduction and flood control, $43,650,000 shall be to continue construction of projects that principally address drainage in urban areas: Provided further, That of the funds made available in this paragraph in this Act, $36,575,000 shall be for shore protection: Provided further, That of the funds made available in this paragraph in this Act, $113,550,000 shall be for major rehabilitation, construction, and related activities for rivers and harbors navigation projects, of which $10,000,000 shall be for authorized reimbursements: Provided further, That of the sums appropriated in this paragraph in this Act, any sums as are necessary to cover the Federal share of eligible construction costs for coastal harbors and channels, and for inland harbors eligible to be derived from the Harbor Maintenance Trust Fund under section 101 or section 104 of the Water Resources and Development Act of 2020 shall be derived from the general fund of the Treasury: Provided further, That of the funds made available in this paragraph in this Act, $19,000,000 shall be for other authorized project purposes, of which up to $11,900,000 shall be for the execution of comprehensive restoration plans developed by the Corps for major bodies of water: Provided further, That of the funds made available in this paragraph in this Act, $28,500,000 shall be for environmental restoration or compliance: Provided further, That of the funds made available in this paragraph in this Act, $18,000,000 shall be for water-related environmental infrastructure assistance to make environmentally sound repairs and upgrades to water infrastructure: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project locations, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. MISSISSIPPI RIVER AND TRIBUTARIES For an additional amount for Mississippi River and Tributaries for necessary expenses to address emergency situations at Corps of Engineers projects in response to, and rehabilitate and repair damages caused by natural disasters to Corps of Engineers projects, $15,500,000, to remain available until expended: Provided, That of the amount provided under this heading in this Act, such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the general fund of the Treasury: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided under this heading in this Act: Provided further, That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided under this heading in this Act. OPERATION AND MAINTENANCE For an additional amount for Operation and Maintenance for necessary expenses to dredge Federal navigation projects in response to, and repair damages to Corps of Engineers Federal projects caused by natural disasters, $324,000,000, to remain available until expended: Provided, That of the amount provided in this paragraph in this Act, such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and for inland harbors shall be derived from the general fund of the Treasury: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act: Provided further, That beginning not later than 60 days after the enactment of this Act, the Assistant Secretary of the Army for Civil Works shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of the funds provided in this paragraph in this Act. For an additional amount for Operation and Maintenance , $52,800,000, to remain available until expended: Provided, That of the amount provided in this paragraph in this Act, $36,000,000 shall be for necessary expenses at inland waterways projects: Provided further, That of the amount provided in this paragraph in this Act, $16,800,000 shall be for other authorized project purposes: Provided further, That within 60 days of enactment of this Act, the Chief of Engineers shall submit directly to the House and Senate Committees on Appropriations a detailed work plan for the funds provided in this paragraph in this Act, including a list of project locations, the total cost for all projects, and a schedule by fiscal year of proposed use of such funds: Provided further, That the Secretary shall not deviate from the work plan, once the plan has been submitted to the Committees on Appropriations of both Houses of Congress. FLOOD CONTROL AND COASTAL EMERGENCIES For an additional amount for Flood Control and Coastal Emergencies , as authorized by section 5 of the Act of August 18, 1941 ( 33 U.S.C. 701n ), for necessary expenses to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs, and other activities in response to such disasters, as authorized by law, $519,200,000, to remain available until expended: Provided, That funding provided under this heading in this Act and utilized for authorized shore protection projects shall restore such projects to the full project profile at full Federal expense: Provided further, That beginning not later than 60 days after the enactment of this Act, the Chief of Engineers shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these fund provided under this heading in this Act. EXPENSES For an additional amount for Expenses for necessary expenses to administer and oversee the obligation and expenditure of amounts provided in this Act for the Corps of Engineers, $5,000,000, to remain available until expended: Provided, That beginning not later than 60 days after the enactment of this Act, the Chief of Engineers shall provide a quarterly report directly to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these fund provided under this heading in this Act. DEPARTMENT OF ENERGY ENERGY PROGRAMS Electricity For an additional amount for Electricity , $1,000,000,000, to remain available until expended, to carry out activities to improve the resilience of the Puerto Rican electric grid, including grants for low and moderate income households and households that include individuals with disabilities for the purchase and installation of renewable energy, energy storage, and other grid technologies: Provided, That the Department of Energy shall coordinate with the Federal Emergency Management Agency and the Department of Housing and Urban Development on these activities. POWER MARKETING ADMINISTRATIONS Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration For an additional amount for Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration , $520,000,000, to remain available until expended, for the purchase of power and transmission services: Provided, That the amount made available under this heading in this Act shall be derived from the general fund of the Treasury and shall be reimbursable from amounts collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses: Provided further, That of the amount made available under this heading in this Act, up to $100,000,000 may be transferred to Western Area Power Administration’s Colorado River Basins Power Marketing Fund account to be used for the same purposes as outlined under this heading. V INDEPENDENT AGENCIES General Services Administration REAL PROPERTY ACTIVITIES FEDERAL BUILDINGS FUND For an additional amount to be deposited in the Federal Buildings Fund , $36,788,390, to remain available until expended, for necessary expenses related to the consequences of Hurricane Ian, for repair and alteration of buildings under the jurisdiction, custody and control of the Administrator of General Services, and real property management and related activities not otherwise provided for: Provided, That the amount provided under this heading in this Act may be used to reimburse the Fund for obligations incurred for this purpose prior to the date of the enactment of this Act. Small Business Administration DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For an additional amount for Disaster Loans Program Account for the cost of direct loans authorized by section 7(b) of the Small Business Act, $858,000,000, to remain available until expended, of which $8,000,000 shall be transferred to and merged with Office of Inspector General for audits and reviews of disaster loans and the disaster loans programs; and of which $850,000,000 may be transferred to and merged with Salaries and Expenses for administrative expenses to carry out the disaster loan program or any disaster loan authorized by section 7(b) of the Small Business Act. VI DEPARTMENT OF HOMELAND SECURITY SECURITY, ENFORCEMENT, AND INVESTIGATIONS Coast Guard OPERATIONS AND SUPPORT For an additional amount for Operations and Support , $39,250,000, to remain available until September 30, 2024, for necessary expenses related to the consequences of Hurricanes Fiona and Ian. PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS For an additional amount for Procurement, Construction, and Improvements , $115,500,000, to remain available until September 30, 2027, for necessary expenses related to the consequences of Hurricanes Fiona and Ian. PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Federal Emergency Management Agency DISASTER RELIEF FUND (INCLUDING TRANSFER OF FUNDS) For an additional amount for Disaster Relief Fund , $5,000,000,000, to remain available until expended, for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), of which $13,000,000 shall be transferred to Office of the Inspector General—Operations and Support for audits and investigations of activities funded under this heading. HERMIT’S PEAK/CALF CANYON FIRE ASSISTANCE ACCOUNT (INCLUDING TRANSFER OF FUNDS) For an additional amount for Hermit’s Peak/Calf Canyon Fire Assistance Account , $1,450,000,000, to remain available until expended, to carry out the Hermit’s Peak/Calf Canyon Fire Assistance Act, of which $1,000,000 shall be transferred to Office of the Inspector General—Operations and Support for oversight of activities authorized by the Hermit’s Peak/Calf Canyon Fire Assistance Act: Provided, That the amounts provided under this heading in this Act shall be subject to the reporting requirement in the third proviso of section 136 of the Continuing Appropriations Act, 2023 (division A of Public Law 117–180 ). GENERAL PROVISIONS—THIS TITLE 601. Notwithstanding sections 104(c) and (d) of the Hermit’s Peak/Calf Canyon Fire Assistance Act (division G of Public Law 117–180 ), the Federal Emergency Management Agency may compensate for the replacement of water treatment facilities, to the extent necessitated by the Hermit’s Peak/Calf Canyon Fire, in lieu of compensating for temporary injury, in an amount not to exceed $140,000,000 from funds made available under the heading Hermit’s Peak/Calf Canyon Fire Assistance Account in this Act or in section 136 of the Continuing Appropriations Act, 2023 (division A of Public Law 117–180 ). 602. For necessary expenses related to providing customs and immigration inspection and pre-inspection services at, or in support of ports of entry, pursuant to section 1356 of title 8, United States Code, and section 58c(f) of title 19, United States Code, and in addition to any other funds made available for this purpose, there is appropriated, out of any money in the Treasury not otherwise appropriated, $309,000,000, to offset the loss of Immigration User Fee receipts collected pursuant to section 286(h) of the Immigration and Nationality Act ( 8 U.S.C. 1356(h) ), and fees for certain customs services collected pursuant to paragraphs (1) through (8) and paragraph (10) of subsection (a) of section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(a)(1) –(8) and (a)(10)). VII DEPARTMENT OF THE INTERIOR United States Fish and Wildlife Service CONSTRUCTION For an additional amount for Construction , $247,000,000, to remain available until expended, for necessary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023, including winter storm damages at Midway Atoll National Wildlife Refuge. National Park Service CONSTRUCTION For an additional amount for Construction , $1,500,000,000, to remain available until expended, for necessary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023. United States Geological Survey SURVEYS, INVESTIGATIONS, AND RESEARCH For an additional amount for Surveys, Investigations, and Research , $41,040,000, to remain available until expended, for necessary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023. Indian Affairs Bureau of Indian Affairs OPERATION OF INDIAN PROGRAMS For an additional amount for Operation of Indian Programs , $44,500,000, to remain available until expended, for necessary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023. CONSTRUCTION For an additional amount for Construction , $2,500,000, to remain available until expended, for necessary expenses related to the consequences of wildfires, hurricanes, and other natural disasters occurring in and prior to calendar year 2023. Bureau of Indian Education EDUCATION CONSTRUCTION For an additional amount for Education Construction , $90,465,000, to remain available until expended, for necessary expenses related to the consequences of flooding at the To’Hajiilee Community School. Departmental Offices Department-Wide Programs WILDLAND FIRE MANAGEMENT For an additional amount for Wildland Fire Management , $75,000,000, to remain available until expended, for wildland fire suppression activities. For an additional amount for Wildland Fire Management , $429,000,000, to remain available until expended: Provided, That of the funds provided under this paragraph in this Act, $383,657,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022: Provided further, That of the funds provided under this paragraph in this Act, $45,343,000 shall be available for fire preparedness. ENVIRONMENTAL PROTECTION AGENCY Leaking Underground Storage Tank Trust Fund Program For an additional amount for Leaking Underground Storage Tank Trust Fund Program , $1,000,000, to remain available until expended, for necessary expenses related to the consequences of Hurricanes Fiona and Ian. State and Tribal Assistance Grants For an additional amount for State and Tribal Assistance Grants , $1,067,210,000, to remain available until expended, of which $665,210,000 shall be for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, and of which $402,000,000 shall be for capitalization grants under section 1452 of the Safe Drinking Water Act: Provided, That notwithstanding section 604(a) of the Federal Water Pollution Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated under this paragraph in this Act shall be provided to States or Territories in EPA Regions 2 and 4 in amounts determined by the Administrator for wastewater treatment works and drinking water facilities impacted by Hurricanes Fiona and Ian: Provided further, That States or Territories shall prioritize funds, as appropriate, to Tribes and disadvantaged communities: Provided further, That notwithstanding the requirements of section 603(i) of the Federal Water Pollution Control Act and section 1452(d) of the Safe Drinking Water Act, for the funds appropriated under this paragraph in this Act, each State shall use 100 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants, or any combination of these: Provided further, That the funds appropriated under this paragraph in this Act shall be used for eligible projects whose purpose is to reduce flood or fire damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or natural disaster at treatment works, as defined by section 212 of the Federal Water Pollution Control Act, or any eligible facilities under section 1452 of the Safe Drinking Water Act, and for other eligible tasks at such treatment works or facilities necessary to further such purposes: Provided further, That the funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of sections 602(b)(2), 602(b)(3), or 202 of the Federal Water Pollution Control Act: Provided further, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated under this paragraph in this Act for management and oversight. For an additional amount for State and Tribal Assistance Grants , $150,000,000, to remain available until expended, for technical assistance and grants under section 1442(b) of the Safe Drinking Water Act ( 42 U.S.C. 300j–1(b) ) in areas where the President declared an emergency in August of fiscal year 2022 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided, That the Administrator of the Environmental Protection Agency may retain up to three percent of the amounts made available under this paragraph in this Act for salaries, expenses, and administration: Provided further, That the agency shall submit an annual report to the Committees on Appropriations until all funds have been obligated, with a status on the use of funds for this effort. For an additional amount for State and Tribal Assistance Grants , $450,000,000, to remain available until expended, for capitalization grants under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ): Provided, That notwithstanding section 1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated under this paragraph in this Act shall be provided to States or Territories in EPA Region 4 in amounts determined by the Administrator in areas where there the President declared an emergency in August of fiscal year 2022 pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further, That notwithstanding the requirements of section 1452(d) of the Safe Drinking Water Act, for the funds appropriated under this paragraph in this Act, each State shall use 100 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, grants, negative interest loans, other loan forgiveness, and through buying, refinancing, or restructuring debt or any combination thereof: Provided further, That the funds provided under this paragraph in this Act shall not be subject to the matching or cost share requirements of section 1452(e) of the Safe Drinking Water Act: Provided further, That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated under this paragraph in this Act for management and oversight. RELATED AGENCIES DEPARTMENT OF AGRICULTURE Forest Service FOREST AND RANGELAND RESEARCH For an additional amount for Forest and Rangeland Research , $2,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters. STATE AND PRIVATE FORESTRY For an additional amount for State and Private Forestry , $148,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters: Provided, That of the amounts made available under this heading in this Act, up to $20,000,000 is for grants to states to support economic recovery activities in communities damaged by hurricanes or wildfire: Provided further, That of the amounts made available under this heading in this Act, no less than $100,000,000 is for cooperative lands forest management activities. NATIONAL FOREST SYSTEM For an additional amount for National Forest System , $210,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters, including for high priority post-hurricane or post-wildfire restoration for watershed protection, public access and critical habitat, hazardous fuels mitigation for community protection, and burned area recovery. CAPITAL IMPROVEMENT AND MAINTENANCE For an additional amount for Capital Improvement and Maintenance , $150,000,000, to remain available until expended, for necessary expenses related to the consequences of calendar year 2020, 2021, and 2022 wildfires, hurricanes, and other natural disasters. WILDLAND FIRE MANAGEMENT For an additional amount for Wildland Fire Management , $375,000,000, to remain available until expended, for wildland fire suppression activities. For an additional amount for Wildland Fire Management , $1,171,000,000, to remain available until expended: Provided, That of the funds provided under this paragraph in this Act, $1,011,000,000 shall be available for wildfire suppression operations, and is provided to meet the terms of section 4004(b)(5)(B) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(g)(2) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022: Provided further, That of the funds provided under this paragraph in this Act, $160,000,000 shall be available for forest fire presuppression. VIII DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT For an additional amount for CDC-Wide Activities and Program Support , $86,000,000, to remain available until September 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian: Provided, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for such purposes, prior to the date of enactment of this Act. National Institutes of Health NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES For an additional amount for National Institute of Environmental Health Sciences , $2,500,000, to remain available until expended, for necessary expenses in carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9660(a) ) and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986 related to the consequences of major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) in 2022. OFFICE OF THE DIRECTOR (INCLUDING TRANSFER OF FUNDS) For an additional amount for Office of the Director , $25,000,000, to remain available until September 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian: Provided, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for such purposes, prior to the date of enactment of this Act: Provided further, That funds appropriated under this heading in this Act may be transferred to the accounts of Institutes and Centers of the National Institutes of Health (NIH): Provided further, That this transfer authority is in addition to any other transfer authority available to the NIH. Administration for Children and Families LOW INCOME HOME ENERGY ASSISTANCE For an additional amount for Low Income Home Energy Assistance , $1,000,000,000, to remain available until September 30, 2023, for making payments under subsection (b) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ): Provided, That of the funds made available under this heading in this Act, $500,000,000 shall be allocated as though the total appropriation for such payments for fiscal year 2023 was less than $1,975,000,000. For an additional amount for Low Income Home Energy Assistance , $2,500,000,000, to remain available until September 30, 2023, for making payments under subsection (b) of section 2602 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ). PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT For an additional amount for Payments to States for the Child Care and Development Block Grant , $100,000,000, to remain available through September 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian, including activities authorized under section 319(a) of the Public Health Service Act: Provided, That the Secretary shall allocate such funds to States, Territories, and tribes based on assessed need notwithstanding sections 658J and 658O of the Child Care and Development Block Grant Act of 1990: Provided further, That not to exceed 2 percent of funds appropriated under this heading in this Act may be reserved, to remain available until expended, for Federal administration costs: Provided further, That such funds may be used for alteration, renovation, construction, equipment, and other capital improvement costs, including for child care facilities without regard to section 658F(b) of such Act, and for other expenditures related to child care, as necessary to meet the needs of areas affected by Hurricanes Fiona and Ian: Provided further, That funds made available under this heading in this Act may be used without regard to section 658G of such Act and with amounts allocated for such purposes excluded from the calculation of percentages under subsection 658E(c)(3) of such Act: Provided further, That notwithstanding section 658J(c) of such Act, funds allotted to a State may be obligated by the State in that fiscal year or the succeeding three fiscal years: Provided further, That Federal interest provisions will not apply to the renovation or construction of privately-owned family child care homes, and the Secretary shall develop parameters on the use of funds for family child care homes: Provided further, That the Secretary shall not retain Federal interest after a period of 10 years (from the date on which the funds are made available to purchase or improve the property) in any facility renovated or constructed with funds made available under this heading in this Act: Provided further, That funds made available under this heading in this Act shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for such purposes, prior to the date of enactment of this Act. CHILDREN AND FAMILIES SERVICES PROGRAMS For an additional amount for Children and Families Services Programs , $408,000,000, to remain available until September 30, 2027, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian, including activities authorized under section 319(a) of the Public Health Service Act: Provided, That $345,000,000 of the amount provided under this heading in this Act shall be for Head Start programs, including making payments under the Head Start Act: Provided further, That none of funds made available in the preceding proviso shall be included in the calculation of the base grant in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A) of the Head Start Act: Provided further, That funds made available in first proviso are not subject to the allocation requirements of section 640(a) of the Head Start Act or the matching requirements of section 640(b) of such Act: Provided further, That $10,000,000 of the amount provided under this heading in this Act shall be for payments to States, Territories, and tribes for activities authorized under subpart 1 of part B of title IV of the Social Security Act, with such funds allocated based on assessed need notwithstanding section 423 of such Act and paid without regard to percentage limitations in subsections (a), (c), or (e) in section 424 of such Act: Provided further, That $10,000,000 of the amount provided under this heading in this Act shall be for payments to States, Territories, tribes, and coalitions for carrying out sections 303(a) and 303(b) of the Family Violence Prevention and Services Act, notwithstanding the matching requirements in section 306(c)(4) of such Act and allocated based on assessed need, notwithstanding section 303(a)(2) of such Act: Provided further, That the Secretary may make funds made available under the preceding proviso available for providing temporary housing and assistance to victims of family, domestic, and dating violence: Provided further, That funds made available by the fifth proviso shall be available for expenditure, by a State, Territory, tribe, coalition, or any recipient of funds from a grant, through the end of fiscal year 2027: Provided further, That $25,000,000 of the amount made available under this heading in this Act shall be for payments to States, territories, and tribes authorized under the Community Services Block Grant Act, with such funds allocated based on assessed need, notwithstanding sections 674(b), 675A, and 675B of such Act: Provided further, That notwithstanding section 676(b)(8) of the Community Services Block Grant Act, each State, Territory, or tribe receiving funds made available under the preceding proviso may allocate funds to eligible entities based on assessed need: Provided further, That for services furnished under the CSBG Act with funds appropriated under this heading in this Act, a State, territory or tribe that receives a supplemental grant award may apply the last sentence of section 673(2) of the CSBG Act by substituting 200 percent for 125 percent : Provided further, That funds made available under this heading in this Act may be used for alteration, renovation, construction, equipment, and other capital improvement costs as necessary to meet the needs of areas affected by Hurricanes Fiona and Ian: Provided further, That the Secretary shall not retain Federal interest after a period of 10 years (from the date on which the funds are made available to purchase or improve the property) in any facility renovated, repaired, or rebuilt with funds appropriated under this heading in this Act, with the exception of funds appropriated for Head Start programs: Provided further, That funds made available under this heading in this Act shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That up to $18,000,000, to remain available until expended, shall be available for Federal administrative expenses: Provided further, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred for such purposes, prior to the date of enactment of this Act. Office of the Secretary PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND (INCLUDING TRANSFERS OF FUNDS) For an additional amount for Public Health and Social Services Emergency Fund , $128,792,000, to remain available until September 30, 2024, for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian, including activities authorized under section 319(a) of the Public Health Service Act (referred to under this heading as the PHS Act ): Provided, That funds made available under this heading in this Act may be used for alteration, renovation, construction, equipment, and other capital improvement costs as necessary to meet the needs of areas affected by Hurricanes Fiona and Ian: Provided further, That funds made available under this heading in this Act may be used for the purchase or hire of vehicles: Provided further, That of the amount made available under this heading in this Act, $65,000,000 shall be transferred to Health Resources and Services Administration—Primary Health Care for expenses directly related to a disaster or emergency for disaster response and recovery, for the Health Centers Program under section 330 of the PHS Act, including alteration, renovation, construction, equipment, and other capital improvement costs as necessary to meet the needs of areas affected by a disaster or emergency: Provided further, That the time limitation in section 330(e)(3) of the PHS Act shall not apply to funds made available under the preceding proviso: Provided further, That of the amount made available under this heading in this Act, not less than $22,000,000 shall be transferred to Substance Abuse and Mental Health Services Administration—Health Surveillance and Program Support for grants, contracts, and cooperative agreements for behavioral health treatment (including screening and diagnosis), treatment of substance use disorders (including screening and diagnosis), crisis counseling, and other related helplines, and for other similar programs to provide support to individuals impacted by a disaster or emergency: Provided further, That of the amount made available under this heading in this Act, not less than $15,000,000 shall be transferred to Administration for Community Living—Aging and Disability Services Programs for necessary expenses directly related to the consequences of Hurricanes Fiona and Ian: Provided further, That funds made available under the preceding proviso are not subject to the allotment, reservation, matching, or application and State and area requirements of the Older Americans Act of 1965 and Rehabilitation Act of 1973: Provided further, That of the amount made available under this heading in this Act, not less than $392,000 shall be transferred to Food and Drug Administration—Buildings and Facilities for costs related to repair of facilities, for replacement of equipment, and for other increases in facility-related costs due to the consequences of Hurricanes Fiona and Ian: Provided further, That of the amount made available under this heading in this Act, up to $2,000,000, to remain available until expended, shall be transferred to Office of the Secretary—Office of Inspector General for oversight of activities responding to such disasters or emergencies. GENERAL PROVISIONS—THIS TITLE 801. (a) In general As the Secretary of Health and Human Services determines necessary to respond to a critical hiring need for emergency response positions, after providing public notice and without regard to the provisions of sections 3309 through 3319 of title 5, United States Code, the Secretary may appoint candidates directly to the following positions, consistent with subsection (b), to perform critical work directly relating to the consequences of Hurricanes Fiona and Ian: (1) Intermittent disaster-response personnel in the National Disaster Medical System, under section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ). (2) Term or temporary related positions in the Centers for Disease Control and Prevention and the Office of the Assistant Secretary for Preparedness and Response. (b) Expiration The authority under subsection (a) shall expire 270 days after the date of enactment of this section. 802. Not later than 45 days after the date of enactment of this Act, the agencies receiving funds appropriated by this title shall provide a detailed operating plan of anticipated uses of funds made available in this title by State and Territory, and by program, project, and activity, to the Committees on Appropriations: Provided, That no such funds shall be obligated before the operating plans are provided to the Committees: Provided further, That such plans shall be updated, including obligations to date and anticipated use of funds made available in this title, and submitted to the Committees on Appropriations biweekly until all such funds are expended. IX DEPARTMENT OF DEFENSE Military Construction, Navy and Marine Corps For an additional amount for Military Construction, Navy and Marine Corps , $41,040,000, to remain available until September 30, 2025, for necessary expenses related to the consequences of Hurricanes Ian and Fiona: Provided, That, not later than 60 days after the date of enactment of this Act, the Secretary of the Navy, or their designee, shall submit to the Committees on Appropriations of the House of Representatives and the Senate an expenditure plan for funds provided under this heading in this Act: Provided further, That such funds may be obligated or expended for planning and design and military construction projects not otherwise authorized by law. X DEPARTMENT OF TRANSPORTATION Federal Highway Administration EMERGENCY RELIEF PROGRAM For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $803,000,000, to remain available until expended: Provided, That notwithstanding subsection (e) of section 120 of title 23, United States Code, for this fiscal year and hereafter, the Federal share for Emergency Relief funds made available under section 125 of such title to respond to damage caused by Hurricane Fiona, shall be 100 percent. Federal transit administration PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM For an additional amount for Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $213,905,338, to remain available until expended, for transit systems affected by major declared disasters occurring in calendar years 2017, 2020, 2021, and 2022: Provided, That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under sections 5334 and 5338(c)(2) of such title and shall be in addition to any other appropriations for such purpose. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Public and indian housing TENANT-BASED RENTAL ASSISTANCE For an additional amount for Tenant-Based Rental Assistance , $2,653,580,000, to remain available until expended, for activities specified in paragraph (1) (excluding any set-asides) of such heading in title II of division L of this consolidated Act. Community Planning and Development COMMUNITY DEVELOPMENT FUND (INCLUDING TRANSFERS OF FUNDS) For an additional amount for Community Development Fund , $3,000,000,000, to remain available until expended, for the same purposes and under the same terms and conditions as funds appropriated under such heading in title VIII of the Disaster Relief Supplemental Appropriations Act, 2022 (division B of Public Law 117–43 ), except that such amounts shall be for major disasters that occurred in 2022 or later until such funds are fully allocated and the fourth, twentieth, and twenty-first provisos under such heading in such Act shall not apply: Provided, That amounts made available under this heading in this Act and under such heading in such Act may be used by a grantee to assist utilities as part of a disaster-related eligible activity under section 105(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a) ): Provided further, That of the amounts made available under this heading in this Act, up to $10,000,000 shall be made available for capacity building and technical assistance, including assistance on contracting and procurement processes, to support States, units of general local government, or Indian tribes (and their subrecipients) that receive allocations related to major disasters under this heading in this, prior, or future Acts: Provided further, That of the amounts made available under this heading in this Act, up to $5,000,000 shall be transferred to Department of Housing and Urban Development—Program Office Salaries and Expenses—Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts made available under this heading in this Act or any prior or future Act that makes amounts available for purposes related to major disasters under such heading: Provided further, That the amount specified in the preceding proviso shall be combined with funds appropriated under this same heading for this same purpose in any prior Acts and the aggregate of such amounts shall be available for the costs of administering and overseeing any funds appropriated to the Department related to major disasters in this, prior, or future Acts, notwithstanding the purposes for which such funds were appropriated: Provided further, That of the amounts made available under this heading in this Act, up to $5,000,000 shall be transferred to Department of Housing and Urban Development—Office of the Inspector General for necessary costs of overseeing and auditing amounts made available under this heading in this Act or any prior or future Act that makes amounts available for purposes related to major disasters under such heading: Provided further, That amounts repurposed under this heading that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. Housing programs PROJECT-BASED RENTAL ASSISTANCE For an additional amount for Project-Based Rental Assistance , $969,420,000, to remain available until expended. XI GENERAL PROVISIONS—THIS ACT 1101. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1102. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 1103. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2023. 1104. Each amount provided by this Act is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, and section 1(e) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. This Act may be cited as the Disaster Relief Supplemental Appropriations Act, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-117s5355fps/xml/BILLS-117s5355fps.xml |
117-s-5356 | II 117th CONGRESS 2d Session S. 5356 IN THE SENATE OF THE UNITED STATES December 22, 2022 Mr. Casey (for himself, Mr. Brown , and Mr. Manchin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To improve compliance with mine safety and health laws, empower miners to raise safety concerns, and prevent future mine tragedies, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Robert C. Byrd Mine Safety Protection Act of 2022 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References. TITLE I—Additional inspection and investigation authority Sec. 101. Independent accident investigations. Sec. 102. Subpoena authority and miner rights during inspections and investigations. Sec. 103. Designation of miner representative. Sec. 104. Additional amendments relating to inspections and investigations. TITLE II—Enhanced enforcement authority Sec. 201. Technical amendment. Sec. 202. Procedures and criteria for determining a pattern of violations. Sec. 203. Injunctive authority. Sec. 204. Revocation of approval of plans. Sec. 205. Challenging a decision to approve, modify, or revoke a coal or other mine program or plan. Sec. 206. GAO study on MSHA underground mine plan approval. TITLE III—Penalties Sec. 301. Civil penalties. Sec. 302. Civil and criminal liability of officers, directors, and agents. Sec. 303. Criminal penalties. Sec. 304. Commission review of penalty assessments. Sec. 305. Delinquent payments and prejudgment interest. TITLE IV—Miners’ rights and protections Sec. 401. Protection from retaliation. Sec. 402. Protection from loss of pay. Sec. 403. Underground coal miner employment standard for mines with patterns of violations. TITLE V—Modernizing health and safety standards Sec. 501. Pre-shift review of mine conditions. Sec. 502. Rock dust standards. Sec. 503. Atmospheric monitoring systems. Sec. 504. Study on respirable dust standards. Sec. 505. Refresher training on miners’ rights and responsibilities. Sec. 506. Authority to mandate additional training. Sec. 507. Brookwood-Sago Mine Safety Grants. Sec. 508. Certification of personnel. Sec. 509. Electronic records requirement. TITLE VI—Additional mine safety provisions Sec. 601. Definitions. Sec. 602. Assistance to States. Sec. 603. Double encumbrance; succession plan. TITLE VII—Amendments to the Occupational Safety and Health Act of 1970 Sec. 701. Coverage of public employees. Sec. 702. Enhanced protections from retaliation. Sec. 703. Victims’ rights. Sec. 704. Correction of serious, willful, or repeated violations pending contest and procedures for a stay. Sec. 705. Conforming amendments. Sec. 706. Civil penalties. Sec. 707. Criminal penalties. Sec. 708. Penalties. Sec. 709. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health. Sec. 710. Effective date. 2. References Except as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ). I Additional inspection and investigation authority 101. Independent accident investigations (a) In general Section 103(b) ( 30 U.S.C. 813(b) ) is amended— (1) by striking (b) For the purpose and inserting the following: (b) Accident investigations (1) In general For all accident investigations under this Act, the Secretary shall— (A) determine why the accident occurred; (B) determine whether there were violations of law, mandatory health or safety standards, or other requirements, and if there is evidence of conduct that may constitute a violation of Federal criminal law, the Secretary may refer such evidence to the Attorney General; and (C) make recommendations to avoid any recurrence. (2) Independent accident investigations (A) In general There shall be, in addition to an accident investigation under paragraph (1), an independent investigation by an independent investigation panel (referred to in this subsection as the Panel ) appointed under subparagraph (B) for— (i) any accident involving 3 or more deaths; or (ii) any accident that is of such severity or scale for potential or actual harm that, in the opinion of the Secretary of Health and Human Services, the accident merits an independent investigation. (B) Appointment (i) In general As soon as practicable after an accident described in subparagraph (A), the Secretary of Health and Human Services shall appoint 5 members for the Panel required under this paragraph from among individuals who have expertise in accident investigations, mine engineering, or mine safety and health that is relevant to the particular investigation. (ii) Chairperson The Panel shall include, and be chaired by, a representative from the Office of Mine Safety and Health Research of the National Institute for Occupational Safety and Health (referred to in this subsection as NIOSH ). (iii) Conflicts of interest Panel members, and staff and consultants assisting the Panel with an investigation, shall be free from conflicts of interest with regard to the investigation, and be subject to the same standards of ethical conduct for persons employed by the Secretary of Health and Human Services. (iv) Composition The Secretary of Health and Human Services— (I) shall appoint as members of the Panel— (aa) 1 operator of a mine or individual representing mine operators; and (bb) 1 representative of a labor organization that represents miners; and (II) may not appoint more than 1 of either type of individuals described in items (aa) and (bb) as members of the Panel. (v) Staff and expenses The Director of NIOSH (referred to in this subsection as the Director ) shall designate NIOSH staff to facilitate the work of the Panel. The Director may accept as staff personnel on detail from other Federal agencies or reemploy annuitants. The detail of personnel under this paragraph may be on a non-reimbursable basis, and such detail shall be without interruption or loss of civil service status or privilege. The Director shall have the authority to procure on behalf of the Panel such materials, supplies or services, including technical experts, as requested in writing by a majority of the Panel. (vi) Compensation and travel All members of the Panel who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. Each Panel member who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties of the Panel. The members of the Panel 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 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Panel. (C) Duties The Panel shall— (i) assess and identify any factors that caused the accident, including deficiencies in safety management systems, regulations, enforcement, industry practices or guidelines, or organizational failures; (ii) identify and evaluate any contributing actions or inactions of— (I) the operator; (II) any contractors or other persons engaged in mining-related functions at the site; (III) any State agency with oversight responsibilities; (IV) any agency or office within the Department of Labor; (V) the Federal Mine Safety and Health Review Commission; or (VI) any other person or entity (including equipment manufacturers); (iii) review the determinations and recommendations of the Secretary under paragraph (1); (iv) prepare a report that— (I) includes the findings regarding the causal factors described in clauses (i) and (ii); (II) identifies any strengths and weaknesses in the Secretary’s investigation; and (III) includes recommendations, including interim recommendations where appropriate, to industry, labor organizations, State and Federal agencies, or Congress, regarding policy, regulatory, enforcement, administrative, or other changes, which, in the judgment of the Panel, would prevent a recurrence at other mines; and (v) publish such findings and recommendations (excluding any portions which the Attorney General requests that the Secretary withhold in relation to a criminal referral) and hold public meetings to inform the mining community and families of affected miners of the Panel's findings and recommendations. (D) Hearings; applicability of certain Federal law The Panel shall have the authority to conduct public hearings or meetings, but shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). All public hearings of the Panel shall be subject to the requirements under section 552b of title 5, United States Code. (E) Memorandum of understanding Not later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Labor and the Secretary of Health and Human Services shall conclude and publicly issue a memorandum of understanding that— (i) outlines administrative arrangements which will facilitate a coordination of efforts between the Secretary of Labor and the Panel, ensures that such Secretary's investigation under paragraph (1) is not delayed or otherwise compromised by the activities of the Panel, and establishes a process to resolve any conflicts between such investigations; (ii) ensures that Panel members or staff will be able to participate in investigation activities (such as mine inspections and interviews) related to the Secretary of Labor’s investigation and will have full access to documents that are assembled or produced in such investigation, and ensures that the Secretary of Labor will make available to the Panel all of the authority provided under this section to such Secretary relating to obtaining information and witnesses, which may be requested by the Panel; and (iii) establishes such other arrangements as are necessary to implement this paragraph. (F) Procedures Not later than 90 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Health and Human Services shall establish procedures to ensure the consistency and effectiveness of Panel investigations. In establishing such procedures, such Secretary shall consult with independent safety investigation agencies, sectors of the mining industry, representatives of miners, families of miners involved in fatal accidents, State mine safety agencies, and mine rescue organizations. Such procedures shall include— (i) authority for the Panel to use evidence, samples, interviews, data, analyses, findings, or other information gathered by the Secretary of Labor, as the Panel determines valid; (ii) provisions to ensure confidentiality if requested by any witness, to the extent permitted by law, and prevent conflicts of interest in witness representation; and (iii) provisions for preservation of public access to the Panel’s records through the Secretary of Health and Human Services. (G) Subpoenas; witnesses; contempt (i) Subpoena authority For the purpose of making any investigation of any accident or other occurrence relating to health or safety in a coal or other mine under this paragraph, the Director shall at the request of a majority of the Panel, or upon the initiative of such Director, sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (ii) Additional investigative authority In carrying out inspections and investigations under this paragraph, the staff of the Director or Panel and attorneys representing the Director or Panel are authorized to question any individual privately. Under this subparagraph, any individual who is willing to speak with or provide a statement to the Director or Panel’s staff or their attorneys, may do so without the presence, involvement, or knowledge of the operator or the operator's agents or attorneys. The Director or Panel shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. (3) Powers and processes For the purpose ; and (2) by striking give testimony before the Secretary or to appear and produce documents before the Secretary and inserting give testimony before the Secretary (or, in the case of a subpoena under paragraph (2)(G), the Director or Panel) and produce documents before the Secretary (or, in such case, the Director or Panel) . (b) Reporting requirements Section 511(a) ( 30 U.S.C. 958(a) ) is amended by inserting after 501, the following: the status of implementation of recommendations from each independent investigation panel under section 103(b)(2) received in the preceding 5 years, . 102. Subpoena authority and miner rights during inspections and investigations Section 103(b) ( 30 U.S.C. 813(b) ), as so amended, is further amended by adding at the end the following: (4) Additional powers In carrying out inspections and investigations under this subsection, authorized representatives of the Secretary and attorneys representing the Secretary are authorized to question any individual privately. Under this section, any individual who is willing to speak with or provide a statement to such authorized representatives or attorneys representing the Secretary may do so without the presence, involvement, or knowledge of the operator or the operator’s agents or attorneys. The Secretary shall keep the identity of an individual providing such a statement confidential to the extent permitted by law. Nothing in this paragraph prevents any individual from being represented by that individual’s personal attorney or other representative. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection such sums as may be necessary. . 103. Designation of miner representative Section 103(f) ( 30 U.S.C. 813(f) ) is amended by inserting before the last sentence the following: If any miner is entrapped, disabled, killed, or otherwise prevented as the result of an accident in such mine from designating such a representative directly, such miner’s closest relative may act on behalf of such miner in designating such a representative. If any miner is not currently working in such mine as the result of an accident in such mine, but would be currently working in such mine but for such accident, such miner may designate such a representative. A representative of miners shall have the right to participate in any accident investigation the Secretary initiates pursuant to subsection (b), including the right to participate in investigative interviews and to review all relevant papers, books, documents, and records produced in connection with the accident investigation, unless the Secretary, in consultation with the Attorney General, excludes representatives of miners from the investigation on the grounds that inclusion would interfere with or adversely impact a criminal investigation that is pending or under consideration. . 104. Additional amendments relating to inspections and investigations (a) Hours of inspections Section 103(a) ( 30 U.S.C. 813(a) ) is amended by inserting after the third sentence the following: Such inspections shall be conducted during the various shifts and days of the week during which miners are normally present in the mine to ensure that the protections of this Act are afforded to all miners working all shifts. . (b) Review of pattern of violations Section 103(a) ( 30 U.S.C. 813(a) ), as so amended, is further amended by inserting before the last sentence the following: Upon request by an operator or authorized representative of such operator, during the course of the inspections required to carry out the requirements of clauses (3) and (4) or (at the discretion of the Secretary) during the pre-inspection conference, the Secretary shall review with the appropriate mine officials the Secretary’s most recent determination regarding whether such operator has a pattern of violations under section 104(e) for the applicable coal or other mine. . (c) Injury and illness reporting Section 103(d) ( 30 U.S.C. 813(d) ) is amended by striking the last sentence and inserting the following: The records to be kept and made available by the operator of the mine shall include man-hours worked, and occupational injuries and illnesses, of the miners employed by, or under the direction or authority of, such operator, and shall be maintained separately for each mine and be reported at a frequency determined by the Secretary, but not less than annually. Independent contractors (within the meaning of section 3(d)) shall be responsible for reporting accidents, occupational injuries and illnesses, and man-hours worked for each mine with respect to the miners in their employ or under their direction or authority. Such independent contractors shall so report at a frequency determined by the Secretary, but not less than annually. Reports or records of operators required and submitted to the Secretary under this subsection shall be signed and certified as accurate and complete by a knowledgeable and responsible person possessing a certification, registration, qualification, or other approval under section 118. Knowingly falsifying such reports or records shall be grounds for revoking such certification, registration, qualification, or other approval under the standards established under subsection (b)(1) of such section. . (d) Orders following an accident Section 103(k) ( 30 U.S.C. 813(k) ) is amended by striking , when present, . (e) Conflict of interest in the representation of miners Section 103(a) ( 30 U.S.C. 813(a) ), as amended by this section, is further amended by adding at the end the following: During inspections and investigations under this section, and during any litigation under this Act, no attorney shall represent or purport to represent both the operator of a coal or other mine and any other individual, unless such individual has knowingly and voluntarily waived all actual and reasonably foreseeable conflicts of interest resulting from such representation. The Secretary is authorized to take such actions as the Secretary considers appropriate to ascertain whether such individual has knowingly and voluntarily waived all such conflicts of interest. If the Secretary finds that such an individual cannot be represented adequately by such an attorney due to such conflicts of interest, the Secretary may petition the appropriate United States district court which shall have jurisdiction to disqualify such attorney as counsel to such individual in the matter. The Secretary may make such a motion as part of an ongoing related civil action or as a miscellaneous action. . II Enhanced enforcement authority 201. Technical amendment Section 104(d)(1) ( 30 U.S.C. 814(d)(1) ) is amended— (1) in the first sentence— (A) by striking any mandatory health or safety standard and inserting any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act ; and (B) by striking such mandatory health or safety standards and inserting such provisions, regulations, or mandatory health or safety standards ; and (2) in the second sentence, by striking any mandatory health or safety standard and inserting any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act, . 202. Procedures and criteria for determining a pattern of violations Section 104(e)(4) is amended to read as follows: (4) The criteria for determining when a pattern of violations of mandatory health or safety standards exists, and the requirements for the issuance and termination of notice of a pattern of violations, shall be the criteria and requirements in the regulations promulgated by the Secretary under part 104 of chapter I of title 30, Code of Federal Regulations, as published on January 23, 2013. . 203. Injunctive authority Section 108(a)(2) ( 30 U.S.C. 818(a)(2) ) is amended by striking a pattern of violation of and all that follows through the period and inserting a course of conduct that in the judgment of the Secretary constitutes a continuing hazard to the health or safety of miners, including violations of this Act or of mandatory health or safety standards or regulations under this Act. . 204. Revocation of approval of plans Section 105 ( 30 U.S.C. 815 ) is amended— (1) by redesignating subsection (d) as subsection (e); (2) in subsection (a), by striking subsection (d) and inserting subsection (e) ; and (3) by inserting after subsection (c) the following: (d) Revocation of approval of programs or plans (1) Revocation If the Secretary finds that any program or plan of an operator, or part thereof, that was approved by the Secretary under this Act is based on inaccurate information or that circumstances that existed when such program or plan was approved have materially changed and that continued operation of such mine or an area of such mine under such program or plan constitutes a hazard to the safety or health of miners, the Secretary shall revoke the approval of such program or plan. (2) Withdrawal orders Upon revocation of the approval of a program or plan under paragraph (1), the Secretary may immediately issue an order requiring the operator to cause all persons, except those persons referred to in section 104(c), to be withdrawn from such mine or an area of such mine, and to be prohibited from entering such mine or such area, until the operator has submitted and the Secretary has approved a new plan. . 205. Challenging a decision to approve, modify, or revoke a coal or other mine program or plan Section 105(e) ( 30 U.S.C. 815(e) ), as so redesignated by section 204(1), is amended by adding at the end the following: In any proceeding in which a party challenges the Secretary’s decision whether to approve, modify, or revoke a coal or other mine program or plan under this Act, the Commission shall affirm the Secretary’s decision unless the challenging party establishes that such decision was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. . 206. GAO study on MSHA underground mine plan approval Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall provide a report to Congress on the timeliness of approval by the Mine Safety and Health Administration of plans, and amendments to such plans, for underground coal mines under the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ), including— (1) factors that contribute to any delays in the approval of such plans; and (2) as appropriate, recommendations for improving timeliness of plan review and for achieving prompt decisions regarding such approval. III Penalties 301. Civil penalties (a) Targeted penalties Section 110(b) ( 30 U.S.C. 820(b) ) is amended by adding at the end the following: (3) Any person may be assessed a civil penalty of not more than $220,000 for— (A) any change to a ventilation system or ventilation control in a coal or other mine, where such ventilation system or control is required by a ventilation plan, safety standard, or order, and such change is made without prior approval of the Secretary and diminishes the level of protection below the minimum requirements of the approved ventilation plan or applicable safety standard or order; (B) a violation of a mandatory health or safety standard requiring rock dusting in a coal mine; (C) a violation of the prohibition under section 103 on providing advance notice of an inspection; or (D) a violation of a mandatory health or safety standard requiring examinations of work areas in an underground coal mine. . (b) Increased civil penalties for patterns of violations Section 110(b) ( 30 U.S.C. 820(b) ), as so amended, is further amended by adding at the end the following: (4) Notwithstanding any other provision of this Act, an operator of a coal or other mine that has established a pattern of violations under section 104(e) shall be assessed an increased civil penalty for any violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act. Such increased penalty shall be twice the amount that would otherwise be assessed for the violation under this Act, including the regulations promulgated under this Act, subject to the maximum civil penalty established for the violation under this Act. . (c) Civil penalty for retaliation Section 110(a) ( 30 U.S.C. 820(a) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) If any person violates section 105(c), the Secretary shall propose, and the Commission shall assess, a civil penalty of not less than $10,000 or more than $100,000 for the first occurrence of such violation, and not less than $20,000 or more than $200,000 for any subsequent violation, during any 3-year period. . (d) Technical amendment Section 110(a)(1) ( 30 U.S.C. 820(a)(1) ) is amended by inserting including any regulation promulgated under this Act, after this Act, . 302. Civil and criminal liability of officers, directors, and agents Section 110(c) ( 30 U.S.C. 820(c) ) is amended to read as follows: (c) Civil and criminal liability of officers, directors, and agents (1) Civil penalties Whenever an operator engages in conduct for which the operator is subject to a civil penalty under this section, any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out any policy or practice that results in such conduct (having reason to believe such a result would occur), shall be subject to the same civil penalty under this section as such operator. (2) Criminal penalties Whenever an operator engages in conduct for which the operator is subject to a criminal penalty under subsection (d), any director, officer, or agent of such operator who knowingly authorizes, orders, or carries out such conduct, or who knowingly authorizes, orders, or carries out a policy or practice that results in such conduct (knowing that such a result would occur), shall be subject to the same penalty under paragraph (1), (2), or (3) of subsection (d) as such operator. . 303. Criminal penalties (a) In general Section 110(d) ( 30 U.S.C. 820(d) ) is amended to read as follows: (d) Criminal penalties (1) In general Subject to paragraph (2), any operator shall, upon conviction, be assessed a fine of not more than $250,000, imprisoned for not more than 1 year, or both, if such operator knowingly— (A) violates a mandatory health or safety standard; or (B) violates (or fails or refuses to comply with) any order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)). (2) Previous conviction Any operator who commits a violation under paragraph (1) after having been previously convicted of a violation under such paragraph and knows or has reason to know that such subsequent violation has the potential to expose a miner to a risk of serious injury, serious illness, or death, shall, upon such subsequent conviction, be fined not more than $1,000,000, or imprisoned for not more than 5 years, or both. (3) Significant risk of serious injury, serious illness, or death (A) In general Subject to subparagraph (B), any operator shall, upon conviction, be fined not more than $1,000,000 or imprisoned for not more than 5 years, or both, if such operator recklessly exposes a miner to a significant risk of serious injury, serious illness, or death, by knowingly— (i) tampering with or disabling a required safety device (except with express authorization from the Secretary); (ii) violating a mandatory health or safety standard; or (iii) violating (or failing or refusing to comply with) an order issued under section 104 or 107, or any order incorporated in a final decision issued under this Act (except an order incorporated in a decision under subsection (a)(1) or section 105(c)). (B) Exception Any operator who commits a violation under subparagraph (A) after having been previously convicted of a violation under such subparagraph shall, upon such subsequent conviction, be fined not more than $2,000,000, or imprisoned for not more than 10 years, or both. (4) Interference with employment or livelihood (A) In general Any operator shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both, if such operator knowingly, and with any intent described in subparagraph (B), interferes with the lawful employment or livelihood of a person, or the spouse, sibling, child, or parent of a person, because such person, spouse, sibling, child, or parent provides information, in reasonable belief that such information is true and related to an apparent health or safety violation (or to an apparent unhealthy or unsafe condition, policy, or practice) under this Act, to an authorized representative of the Secretary, to a State or local mine safety or health officer or official, or to any other law enforcement officer or official. (B) Intent The intent required under subparagraph (A) is the intent to— (i) retaliate against a person, spouse, sibling, child, or parent described in such subparagraph; or (ii) prevent such person, spouse, sibling, child, or parent from providing the information as described in such subparagraph. . (b) Advance notice of inspections (1) In general Section 110(e) ( 30 U.S.C. 820(e) ) is amended to read as follows: (e) Advance notice of inspections (1) In general Subject to paragraph (2), any person (other than the Secretary of Health and Human Services with respect to inspections under clauses (1) and (2) of section 103(a)) who knowingly, with the intent to give advance notice of an inspection conducted, or to be conducted, under this Act and thereby with the intent to impede, interfere with, or frustrate such inspection, engages in, or directs another person to engage in, conduct that a reasonable person would expect to result in such advance notice, shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (2) Offense by a miner Any miner (other than a director, officer, or agent of the operator involved) who commits the offense described in paragraph (1) at the direction of a superior shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both, unless such miner commits a subsequent offense under this subsection (without regard to whether the offense was committed at the direction of a superior) in which case such miner shall be fined for such subsequent offense under title 18, United States Code, imprisoned for not more than 5 years, or both. . (2) Posting of advance notice penalties Section 109 ( 30 U.S.C. 819 ) is amended by adding at the end the following: (e) Posting of advance notice penalties Each operator of a coal or other mine shall post, on the bulletin board described in subsection (a) and in a conspicuous place near each staffed entrance to the mine property, a notice stating, in a form and manner to be prescribed by the Secretary— (1) that it is unlawful under section 110(e) for any person (other than the Secretary of Health and Human Services with respect to inspections under clauses (1) and (2) of section 103(a)), with the intent to impede, interfere with, or frustrate an inspection conducted or to be conducted under this Act, to engage in, or direct another person to engage in, any conduct that a reasonable person would expect to result in advance notice of such inspection; and (2) the maximum penalties for a violation under section 110(e). . 304. Commission review of penalty assessments Section 110(i) ( 30 U.S.C. 820(i) ) is amended by striking In assessing civil monetary penalties, the Commission shall consider and inserting the following: In any review of a citation and proposed penalty assessment contested by an operator, the Commission shall assess not less than the penalty derived by using the same methodology (including any point system) prescribed in regulations under this Act, so as to ensure consistency in operator penalty assessments, except that the Commission may assess a penalty for less than the amount that would result from the utilization of such methodology if the Commission finds that there are extraordinary circumstances. If there is no such methodology prescribed for a citation or there are such extraordinary circumstances, the Commission shall assess the penalty by considering . 305. Delinquent payments and prejudgment interest (a) Pre-Final order interest Section 110(j) ( 30 U.S.C. 820(j) ) is amended by striking the second and third sentences and inserting the following: Pre-final order interest on such penalties shall begin to accrue on the date the operator contests a citation issued under this Act, including any mandatory health or safety standard or regulation promulgated under this Act, and shall end upon the issuance of the final order. Such pre-final order interest shall be calculated at the current underpayment rate determined by the Secretary of the Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, and shall be compounded daily. Post-final order interest shall begin to accrue 30 days after the date a final order of the Commission or the court is issued, and shall be charged at the rate of 8 percent per annum. . (b) Ensuring payment of penalties (1) Amendments Section 110 ( 30 U.S.C. 820 ) is further amended— (A) by redesignating subsection (l) as subsection (m); and (B) by inserting after subsection (k) the following: (l) Ensuring payment of penalties (1) Delinquent payment letter If the operator of a coal or other mine fails to pay any civil penalty assessment that has become a final order of the Commission or a court within 45 days after such assessment became a final order, the Secretary shall send the operator a letter advising the operator of the consequences under this subsection of such failure to pay. The letter shall also advise the operator of the opportunity to enter into or modify a payment plan with the Secretary based upon a demonstrated inability to pay, the procedure for entering into such plan, and the consequences of not entering into or not complying with such plan. (2) Withdrawal orders following failure to pay If an operator that receives a letter under paragraph (1) has not paid the assessment by the date that is 180 days after such assessment became a final order and has not entered into a payment plan with the Secretary, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from, and to be prohibited from entering, the mine that is covered by the final order described in paragraph (1), until the operator pays such assessment in full (including interest and administrative costs) or enters into a payment plan with the Secretary. If such operator enters into a payment plan with the Secretary and at any time fails to comply with the terms specified in such payment plan, the Secretary shall issue an order requiring such operator to cause all persons, except those referred to in section 104(c), to be withdrawn from the mine that is covered by such final order, and to be prohibited from entering such mine, until the operator rectifies the noncompliance with the payment plan in the manner specified in such payment plan. . (2) Applicability and effective date The amendments made by paragraph (1) shall apply to all unpaid civil penalty assessments under the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq. ), except that, for any unpaid civil penalty assessment that became a final order of the Commission or a court before the date of enactment of this Act, the time periods under section 110(l) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 820(l) ), as so amended, shall be calculated as beginning on the date of enactment of this Act instead of on the date of the final order. IV Miners’ rights and protections 401. Protection from retaliation Section 105(c) ( 30 U.S.C. 815(c) ) is amended to read as follows: (c) Protection from retaliation (1) Retaliation prohibited (A) Retaliation for complaint or testimony No person shall discharge, or in any manner discriminate against, cause to be discharged, cause discrimination against, or otherwise interfere with the exercise of the statutory rights of, any miner or other employee of an operator, representative of miners, or applicant for employment at a mine of such operator (including the spouse, sibling, child, or parent of such miner, employee, representative, or applicant, if such spouse, sibling, child, or parent is employed or applying for employment at a mine under the control of such operator)— (i) because such miner, employee, representative, or applicant— (I) has filed or made a complaint, or is about to file or make a complaint, including a complaint notifying such operator or the operator’s agent, or the representative of the miners at such mine, of an alleged danger or safety or health violation in such mine; (II) has instituted or caused to be instituted, or is about to institute or cause to be instituted, any proceeding under or related to this Act; (III) has testified, or is about to testify, in any such proceeding or has testified, or is about to testify, before Congress or in any Federal or State proceeding related to safety or health in a coal or other mine; (IV) has exercised on behalf of any individual, including such miner, employee, representative, or applicant, any such statutory right; (V) has reported to such operator or agent any injury or illness; or (VI) has refused to violate any provision of this Act, including any mandatory health or safety standard or regulation promulgated under this Act; (ii) because such miner is the subject of medical evaluations and potential transfer under a standard published pursuant to section 101; or (iii) where the discharge, discrimination, or other interference was based on a suspicion or belief that such miner, employee, representative, or applicant engaged in, or is about to engage in, any of the activities described in clause (i). (B) Retaliation for refusal to perform duties (i) In general No person shall discharge or in any manner discriminate against a miner or other employee of an operator, or applicant for employment at a mine of such operator, for refusing to perform the duties of a miner, other employee, or applicant if such miner, other employee, or applicant has a good-faith and reasonable belief that performing such duties would pose a safety or health hazard to such miner, other employee, or applicant, or to any other miner or employee. (ii) Standard For purposes of clause (i), the circumstances causing the miner’s, other employee’s, or applicant's good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person, under the circumstances confronting the miner, other employee, or applicant, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the miner, other employee, or applicant, when practicable, shall have communicated or attempted to communicate the safety or health concern to the operator and have not received from the operator a response reasonably calculated to allay such concern. (2) Complaint Any miner or other employee of an operator, representative of miners, or applicant for employment at a mine of such operator who believes that he or she has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) may file a complaint with the Secretary alleging such discrimination not later than 180 days after the later of— (A) the last date on which an alleged violation of paragraph (1) occurs; or (B) the date on which such miner, employee, representative, or applicant knows or should reasonably have known that such alleged violation occurred. (3) Investigation and hearing (A) Commencement of investigation and initial determination Upon receipt of a complaint under paragraph (2), the Secretary shall— (i) forward a copy of the complaint to the respondent; (ii) commence an investigation within 15 days of the Secretary’s receipt of the complaint; and (iii) as soon as practicable after commencing the investigation under clause (ii), make the determination required under subparagraph (B). (B) Reinstatement If the Secretary finds that a complaint under paragraph (2) was not frivolously brought, the Commission, on an expedited basis upon application of the Secretary, shall order the immediate reinstatement of the miner, employee, or representative described in such paragraph until there has been a final Commission order disposing of the underlying complaint. If either the Secretary or such miner, employee, or representative pursues the underlying complaint, such reinstatement shall remain in effect until the Commission has disposed of such complaint on the merits, regardless of whether the Secretary pursues such complaint by filing a complaint under subparagraph (D) or the miner or other employee pursues such complaint by filing an action under paragraph (4). If neither the Secretary nor such miner, employee, or representative pursues the underlying complaint within the periods specified in paragraph (4), such reinstatement shall remain in effect until such time as the Commission may, upon motion of the operator and after providing notice and an opportunity to be heard to the parties, vacate such complaint for failure to prosecute. (C) Investigation Such investigation shall include interviewing the complainant and— (i) providing the respondent an opportunity to submit to the Secretary a written response to the complaint and to present statements from witnesses or provide evidence; and (ii) providing the complainant an opportunity to receive any statements or evidence provided to the Secretary and to provide additional information or evidence, or to rebut any statements or evidence. (D) Action by the Secretary If, upon such investigation, the Secretary determines that the provisions of this subsection have been violated, the Secretary shall immediately file a complaint with the Commission, with service upon the alleged violator and the miner, employee, representative, or applicant described in paragraph (2) alleging such discrimination or interference and propose an order granting appropriate relief. (E) Action of the Commission The Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section) and thereafter shall issue an order, based upon findings of fact, affirming, modifying, or vacating the Secretary’s proposed order, or directing other appropriate relief. Such order shall become final 30 days after its issuance. The complaining miner, employee, representative, or applicant described in paragraph (2) may present additional evidence on his or her own behalf during any hearing held pursuant to this paragraph. (F) Relief The Commission shall have authority in such proceedings to require a person committing a violation of this subsection to take such affirmative action to abate the violation and prescribe a remedy as the Commission considers appropriate, including— (i) the rehiring or reinstatement of the miner, employee, or representative described in paragraph (2) with back pay and interest and without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment; (ii) any other compensatory and consequential damages sufficient to make the complainant whole, and exemplary damages where appropriate; and (iii) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (4) Notice to and action of complainant (A) Notice to complainant Not later than 90 days after the receipt of a complaint filed under paragraph (2), the Secretary shall notify, in writing, the miner, employee, representative, or applicant described in paragraph (2) of the determination of such Secretary on whether a violation has occurred. (B) Action of complainant If the Secretary, upon investigation, determines that the provisions of this subsection have not been violated, the complainant shall have the right, within 30 days after receiving notice of the Secretary’s determination, to file an action in his or her own behalf before the Commission, charging discrimination or interference in violation of paragraph (1) . (C) Hearing and decision The Commission shall afford an opportunity for a hearing on the record (in accordance with section 554 of title 5, United States Code, but without regard to subsection (a)(3) of such section), and thereafter shall issue an order, based upon findings of fact, dismissing or sustaining the complainant’s charges and, if the charges are sustained, granting such relief as it deems appropriate as described in paragraph (3)(F) . Such order shall become final 30 days after its issuance. (5) Burden of proof In adjudicating a complaint pursuant to this subsection, the Commission may determine that a violation of paragraph (1) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. A decision or order that is favorable to the complainant shall not be issued pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (6) Attorneys’ fees Whenever an order is issued sustaining the complainant’s charges under this subsection, a sum equal to the aggregate amount of all costs and expenses, including attorney’s fees, as determined by the Commission to have been reasonably incurred by the complainant for, or in connection with, the institution and prosecution of such proceedings shall be assessed against the person committing such violation. The Commission shall determine whether such costs and expenses were reasonably incurred by the complainant without reference to whether the Secretary also participated in the proceeding. (7) Expedited proceedings; Judicial review Proceedings under this subsection shall be expedited by the Secretary and the Commission. Any order issued by the Commission under this subsection shall be subject to judicial review in accordance with section 106. Violations by any person of paragraph (1) shall be subject to the provisions of sections 108 and 110(a)(4). (8) Procedural Rights The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (9) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any individual who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. . 402. Protection from loss of pay Section 111 ( 30 U.S.C. 821 ) is amended to read as follows: 111. Entitlement of miners (a) Protection from loss of pay (1) Withdrawal orders (A) Shifts at time of order If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners working during the shift when such order was issued who are idled by such order shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay for the period during which they are so idled, but for not more than the balance of such shift. (B) Subsequent shifts If such order is not terminated prior to the working shift succeeding the shift described in subparagraph (A), all miners assigned to such succeeding shift who are idled by such order shall be entitled to compensation by the operator at their regular rates of pay for the period during which they are so idled, but not for more than one half of the hours of such shift, or 4 hours of such shift, whichever is greater. (C) Extended closures If a coal or other mine, or an area of such mine, is closed by an order issued under section 103, 104, 107, 108, or 110, all miners who are idled by such order, for a shift succeeding the shift described in subparagraph (B), shall be entitled, regardless of the result of any review of such order, to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay for the period for which they are idled, but not for more than 60 days. (2) Closure in advance of order (A) In general If the Secretary determines that a coal or other mine, or an area of such mine, was closed by the operator in anticipation of the issuance of an order described in paragraph (1), all miners who are idled by such closure shall be entitled, subject to subparagraph (B), to full compensation by the operator at their regular rates of pay and in accordance with their regular schedules of pay, from the time of such closure until such time as the Secretary authorizes reopening of such mine or such area, but not for more than 60 days. (B) Exception The entitlement under subparagraph (A) shall not apply if an operator promptly withdraws miners upon discovery of a hazard and notifies the Secretary, where required and within the prescribed time period. (3) Refusal to comply Whenever an operator violates or fails or refuses to comply with any order issued under section 103, 104, 107, 108, or 110, all miners employed at the affected mine who would have been withdrawn from, or prevented from entering, such mine or area thereof as a result of such order shall be entitled to full compensation by the operator at their regular rates of pay, in addition to pay received for work performed after such order was issued, for the period beginning when such order was issued and ending when such order is complied with, vacated, or terminated. (b) Enforcement (1) Commission orders The Commission shall have authority to order compensation due under this section upon the filing of a complaint by a miner or the miner's representative and after opportunity for hearing on the record subject to section 554 of title 5, United States Code. Whenever the Commission issues an order sustaining the complaint under this subsection in whole or in part, the Commission shall award the complainant reasonable attorneys’ fees and costs. (2) Failure to pay compensation due Consistent with the authority of the Secretary to order miners withdrawn from a mine under this Act, the Secretary shall order a mine that has been subject to a withdrawal order under section 103, 104, 107, 108, or 110, and has reopened, to be closed again if compensation in accordance with the provisions of this section is not paid by the end of the next regularly scheduled payroll period following the lifting of a withdrawal order. (c) Expedited Review If an order is issued that results in a payment to a miner under subsection (a), the operator shall have the right to an expedited review before the Commission in the same manner as the procedure under section 316(b)(2)(G)(ii) (including the deadlines under such section). . 403. Underground coal miner employment standard for mines with patterns of violations Title I ( 30 U.S.C. 811 et seq. ) is further amended by adding at the end the following: 117. Underground coal miner employment standard for mines with patterns of violations (a) In general For the purpose of ensuring the health and safety of miners and the right of miners to raise health or safety concerns, an operator of an underground coal mine who has received notice of a pattern of violations under section 104(e) in such mine, for 3 years after receipt of such notice, may not discharge or constructively discharge a miner employed at such mine without reasonable grounds based on a failure of such miner to satisfactorily perform the duties required for work as a miner, including compliance with the provisions of this Act, regulations promulgated under this Act, mandatory health or safety standards under any other law, or any other legitimate business reason, if— (1) the miner is paid on an hourly basis; and (2) the miner has completed the employer’s probationary period, which in no case shall exceed 6 months. (b) Cause of action A miner aggrieved by a violation of subsection (a) may file a complaint in the United States district court in the district where the mine is located not later than 1 year after such violation. (c) Remedies For a miner who prevails under subsection (b), the appropriate United States district court shall provide remedies to further the objectives of this Act, which may include reinstatement of such miner to the former position of such miner with back pay and compensatory damages. Such remedies shall include reasonable attorneys' fees and costs. (d) Pre-Dispute waiver prohibited The right of a miner to a cause of action under this section may not be waived with respect to any dispute that has not arisen as of the time of the waiver. (e) Construction Nothing in this section shall be construed to limit the availability of rights and remedies of miners under any other State or Federal law or a collective bargaining agreement. . V Modernizing health and safety standards 501. Pre-shift review of mine conditions Section 303(d) ( 30 U.S.C. 863(d) ) is amended by adding at the end the following: (3) (A) Not later than 30 days after the issuance of the interim final rules promulgated under subparagraph (B), each operator of an underground coal mine shall implement a communication program at the underground coal mine to ensure that each miner (prior to traveling to or arriving at the work area of such miner and commencing the assigned tasks of such miner) is orally briefed on and made aware of— (i) any conditions that are hazardous, or that violate a mandatory health or safety standard or a plan approved under this Act, where the miner is expected to work or travel; and (ii) the general conditions of that miner’s assigned working section or other area where the miner is expected to work or travel. (B) Not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall promulgate interim final rules implementing the requirements of subparagraph (A). (C) Not later than 2 years after the promulgation of the interim final rules under subparagraph (B), the Secretary shall issue a final rule implementing the requirements of subparagraph (A). . 502. Rock dust standards (a) Standards Section 304(d) ( 30 U.S.C. 864(d) ) is amended— (1) by striking Where rock and inserting the following: Rock dust .— (1) In general Where rock ; (2) by striking 65 per centum and all that follows through the period and inserting 80 percent. Where methane is present in any ventilating current, the percentage of incombustible content of such combined dusts shall be increased 0.4 percent for each 0.1 percent of methane. ; and (3) by adding at the end the following: (2) Methods of measurement (A) In general Each operator of an underground coal mine shall take accurate and representative samples that shall measure the total incombustible content of combined coal dust, rock dust, and other dust in such mine to ensure that the coal dust is kept below explosive levels through the appropriate application of rock dust. (B) Direct reading monitors In order to ensure timely assessment and compliance, the Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , require operators to measure total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust, using direct reading monitors that the Secretary has approved for use in an underground coal mine, such as coal dust explosibility monitors. (C) Regulations The Secretary shall, not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , promulgate an interim final rule that prescribes methods for operator sampling of total incombustible content (or an equivalent measure of explosibility) in samples of combined coal dust, rock dust, and other dust using direct reading monitors and that includes requirements for locations, methods, and intervals for mandatory operator sampling. (D) Recommendations Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Health and Human Services shall, based upon the latest research, recommend to the Secretary of Labor any revisions to the mandatory operator sampling locations, methods, and intervals included in the interim final rule described in subparagraph (C) that may be warranted in light of such research. (3) Limitation Until the Secretary promulgates a final rule under paragraph (4)(B), any measurement taken by a direct reading monitor described in paragraph (2)(B) shall not be admissible to establish a violation in an enforcement action under this Act. (4) Report and rulemaking authority (A) Report Not later than 2 years after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall prepare and submit, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report— (i) regarding whether any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of the mandatory health or safety standards by the Secretary of Labor under this Act, and whether additional improvement to such direct reading monitor, or additional verification regarding reliability and accuracy, would be needed for enforcement purposes; and (ii) identifying any limitations or impediments for such use in underground coal mines. (B) Authority If the Secretary determines, following a report under subparagraph (A) (or an update to such report), that any direct reading monitor described in paragraph (2)(B) is sufficiently reliable and accurate for the enforcement of mandatory health or safety standards under this Act, the Secretary shall, after the submission of such report or update, promulgate a final rule authorizing the use of such direct reading monitor for purposes of compliance with, and enforcement of, such standards and authorizing the use of other methods for determining total incombustible content. Such final rule shall specify mandatory operator sampling locations, methods, and intervals. . (b) Rock dust recordkeeping Section 304 ( 30 U.S.C. 864 ) is further amended— (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following: (e) Rock dust recordkeeping The operator of each coal mine shall maintain and continuously update a record of the amount of rock dust purchased for each such mine. ; and (3) in subsection (f), as so redesignated, by striking Subsections (b) through (d) and inserting Subsections (b) through (e) . 503. Atmospheric monitoring systems Section 317 ( 30 U.S.C. 877 ) is amended by adding at the end the following: (u) Atmospheric monitoring systems (1) General regulations Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall, following consultation with the Director of the National Institute for Occupational Safety and Health, promulgate regulations requiring that each operator of an underground coal mine install atmospheric monitoring systems that— (A) protect miners where the miners normally work and travel; (B) assist in mine emergency response and the conduct of accident investigations; (C) provide real-time information regarding methane, oxygen, and carbon monoxide levels, and airflow direction, as appropriate, with sensing, annunciating, and recording capabilities; and (D) can, to the maximum extent practicable, withstand explosions and fires. (2) Additional regulations The regulations promulgated under paragraph (1) shall, if determined appropriate after an evaluation by the Secretary, include— (A) the installation of atmospheric monitoring and recording devices for mining equipment; (B) the implementation of redundant systems, such as the bundle tubing system, that can continuously monitor the mine atmosphere following incidents such as fires, explosions, entrapments, and inundations; and (C) the implementation of other technologies available to conduct continuous atmospheric monitoring. . 504. Study on respirable dust standards (a) Study Beginning one month after the date of enactment of this Act, the Secretary of Labor shall undertake a retrospective study on the effectiveness of the final rule of the Department of Labor entitled Lowering Miners’ Exposure to Respirable Coal Mine Dust, Including Continuous Personal Dust Monitors , published at 79 Fed. Reg. 24814 (May 1, 2014), and evaluate the data regarding the use of continuous personal dust monitors, to determine whether— (1) the 1.5 mg/m³ respirable dust standard that was included in such final rule should be further lowered to better protect the health of miners; (2) the frequency of sampling continuous personal dust monitors should be increased; (3) engineering controls and work practices used by mine operators to achieve and maintain the required respirable coal mine dust levels should be modified; and (4) samples taken on shifts longer than 8 hours should be converted to an 8-hour equivalent concentration to protect miners who work longer shifts. (b) Report (1) Initial report Upon beginning the study under subsection (a), the Secretary of Labor shall transmit a copy of such study to Congress, notifying Congress that such study has commenced. (2) Annual reports For each year after the commencement of the study under subsection (a) and until such study is completed, the Secretary of Labor shall transmit a report to Congress on the progress of such study. (3) Final report Upon completion of the study under subsection (a), the Secretary of Labor shall submit a final report of such study to Congress. 505. Refresher training on miners’ rights and responsibilities (a) In general Section 115(a)(3) ( 30 U.S.C. 825(a)(3) ) is amended to read as follows: (3) all miners shall receive no less than 9 hours of refresher training, no less frequently than once every 12 months. Such training shall include one hour of training on the statutory rights and responsibilities of miners and their representatives under this Act, and other applicable Federal and State law, and shall be through a program of instruction developed by the Secretary and delivered by an employee of the Administration (or a trainer approved by the Administration) that is a party independent from the operator; . (b) National hazard reporting hotline Section 115 ( 30 U.S.C. 825 ), as so amended, is further amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following: (c) Any health and safety training program of instruction provided under this section shall include distribution to miners of information regarding the rights of such miners under this Act and a toll-free hotline telephone number, which the Secretary shall maintain to receive complaints from miners and the public regarding hazardous conditions, discrimination, safety or health violations, or other mine safety or health concerns. Information regarding such hotline shall be provided in a portable, convenient format, such as a durable wallet card, to enable miners to keep such information on their person. . (c) Timing of initial statutory rights training Notwithstanding section 115 of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 825 ) (as so amended) or the health and safety training program approved under such section, an operator shall ensure that all miners already employed by the operator on the date of enactment of this Act shall receive the one hour of statutory rights and responsibilities training described in section 115(a)(3) of such Act, not later than 180 days after such date. 506. Authority to mandate additional training (a) In general Section 115 ( 30 U.S.C. 825 ), as so amended, is further amended— (1) by redesignating subsections (e) and (f) (as so redesignated) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) (as so redesignated) the following: (e) Authority To mandate additional training (1) In general The Secretary is authorized to issue an order requiring that an operator of a coal or other mine provide additional training beyond what is otherwise required by law, and specifying the time within which such training shall be provided, if the Secretary finds that— (A) (i) a serious or fatal accident has occurred at such mine; (ii) such mine has experienced accident and injury rates, citations for violations of this Act (including mandatory health or safety standards or regulations promulgated under this Act), citations for significant and substantial violations, or withdrawal orders issued under this Act, at a rate above the average for mines of similar size and type; or (iii) an operator has a history of failing to adequately train miners, as required by this Act or the regulations promulgated under this Act; and (B) additional training would benefit the health or safety of miners at the mine. (2) Withdrawal order If the operator fails to provide training ordered under paragraph (1) within the specified time provided by the Secretary under such paragraph, the Secretary shall issue an order requiring such operator to cause all affected persons, except persons referred to in section 104(c), to be withdrawn, and to be prohibited from entering such mine, until such operator has provided such training. . (b) Conforming amendments Section 104(g)(2) ( 30 U.S.C. 814(g)(2) ) is amended by striking under paragraph (1) both places it appears and inserting under paragraph (1) or under section 115(e) . 507. Brookwood-Sago Mine Safety Grants Section 14(e)(2) of the Mine Improvement and New Emergency Response Act of 2006 ( 30 U.S.C. 965(e)(2) ) is amended by inserting , and underground mine rescue training activities that simulate mine accident conditions before the period at the end. 508. Certification of personnel (a) In general Title I ( 30 U.S.C. 811 et seq. ), as so amended, is further amended by adding at the end the following: 118. Certification of personnel (a) Certification required Any person who is authorized or designated by the operator of a coal or other mine to perform any duties or provide any training that this Act, including a mandatory health or safety standard or regulation promulgated pursuant to this Act, requires to be performed or provided by a certified, registered, qualified, or otherwise approved person, shall be permitted to perform such duties or provide such training only if such person has a current certification, registration, qualification, or other approval to perform such duties or provide such training consistent with the requirements of this section. (b) Establishment of certification requirements and procedures (1) In general Not later than 1 year after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall issue mandatory standards to establish— (A) requirements for the certification, registration, qualification, or other approval described in subsection (a), including the experience, examinations, and references that may be required as appropriate; (B) time limits for such certification, registration, qualification, or other approval, and procedures for obtaining and renewing such certification, registration, qualification, or other approval; and (C) procedures and criteria for revoking such certification, registration, qualification, or other approval, including procedures that ensure that— (i) the Secretary (or a State agency, as applicable) responds to requests for revocation; and (ii) the names of individuals, whose certification, registration, qualification, or other approval has been revoked, are provided to and maintained by the Secretary, and are made available to appropriate State agencies through an electronic database. (2) Coordination with States In developing the standards required under paragraph (1), the Secretary shall consult with States that have miner certification programs to ensure effective coordination with existing State standards and requirements for certification. The standards required under paragraph (1) shall provide that the certification, registration, qualification, or other approval of the State in which the coal or other mine is located satisfies the requirement of subsection (a) if the State’s program of certification, registration, qualification, or other approval is no less stringent than the standards established by the Secretary under paragraph (1). (c) Operator Fees for certification (1) Assessment and collection Beginning 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall assess and collect fees, in accordance with this subsection, from each operator for each person certified under this section. Fees shall be assessed and collected in amounts determined by the Secretary as necessary to fund certification programs that meet the standards established under this section. (2) Use Amounts collected under paragraph (1) shall only be available to the Secretary, in accordance with paragraph (3), for making expenditures to carry out the certification programs established under this section. (3) Authorization of appropriations In addition to funds authorized to be appropriated under section 114, there is authorized to be appropriated to the Secretary for each fiscal year in which fees are collected under paragraph (1) an amount equal to the total amount of fees collected under paragraph (1) during that fiscal year. Such amounts are authorized to remain available until expended. If on the first day of a fiscal year a regular appropriation to the Administration has not been enacted, the Administration shall continue to collect fees (as offsetting collections) under this subsection at the rate in effect during the preceding fiscal year, until 5 days after the date on which such regular appropriation is enacted. (4) Collecting and crediting of fees Fees authorized and collected under this subsection shall be deposited and credited as offsetting collections to the account providing appropriations to the Administration and shall not be collected for any fiscal year except to the extent and in the amount provided in advance in appropriation Acts. (d) Citation; withdrawal order Any operator who permits a person to perform any of the duties or provide any training described in subsection (a) without a current certification, registration, qualification, or other approval that meets the requirements of this section shall be considered to have committed an unwarrantable failure under section 104(d)(1), and the Secretary shall issue an order requiring that such person be withdrawn or reassigned to duties that do not require such certification, registration, qualification, or other approval. . (b) Conforming amendments Section 318 ( 30 U.S.C. 878 ) is amended— (1) by striking subsections (a) and (b); (2) in subsection (c), by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3) in subsection (g), by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and (4) by redesignating subsections (c) through (l) as paragraphs (1) through (10), respectively. 509. Electronic records requirement Section 103 ( 30 U.S.C. 802 ) is amended by adding at the end the following: (l) Electronic records Not later than 180 days after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , the Secretary shall promulgate regulations requiring that mine operators retain records and data required by this Act, or otherwise required by the Secretary, that are created, stored, or transmitted in electronic form. Such records shall include records pertaining to miner safety and health, tracking and communications, atmospheric monitoring of methane, carbon monoxide, oxygen, coal dust and other mine conditions, equipment usage history and operating parameters, equipment calibration and maintenance, and other information relevant to compliance with Federal mine health or safety laws and regulations. Not later than 2 years after the date of enactment of such Act, the Secretary shall promulgate a regulation regarding the minimum necessary capabilities of equipment to retain, store, and recover data created or transmitted in electronic form. . VI Additional mine safety provisions 601. Definitions (a) Definition of operator Section 3(d) ( 30 U.S.C. 802(d) ) is amended to read as follows: (d) operator means— (1) any owner, lessee, or other person that— (A) operates or supervises a coal or other mine; or (B) controls such mine by making or having the authority to make management or operational decisions that affect, directly or indirectly, the health or safety at such mine; or (2) any independent contractor performing services or construction at such mine; . (b) Definition of agent Section 3(e) ( 30 U.S.C. 802(e) ) is amended by striking the miners and inserting any miner . (c) Definition of imminent danger Section 3(j) ( 30 U.S.C. 802(j) ) is amended— (1) by striking means the and inserting means— (1) the ; (2) by striking the semicolon at the end and inserting ; or ; and (3) by adding at the end the following: (2) the existence of multiple conditions or practices (regardless of whether related to each other) that, when considered in the aggregate, could reasonably be expected to cause death or serious physical harm before such conditions or practices can be abated; . (d) Definition of miner Section 3(g) ( 30 U.S.C. 802(g) ) is amended by inserting after or other mine the following: , and includes any individual who is not currently working in a coal or other mine but would be currently working in such mine, but for an accident in such mine . (e) Definition of significant and substantial violations Section 3 ( 30 U.S.C. 802 ), as so amended, is further amended— (1) in subsection (m), by striking and after the semicolon; (2) in subsection (n), by striking the period at the end and inserting a semicolon; (3) in subsection (o), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (p) significant and substantial violation means a violation of this Act, including any mandatory health or safety standard or regulation promulgated under this Act, that is of such nature as could significantly and substantially contribute to the cause and effect of a coal or other mine safety or health hazard as described in section 104(d). . 602. Assistance to States Section 503 ( 30 U.S.C. 953(a) ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking , in coordination with the Secretary of Health, Education, and Welfare and the Secretary of the Interior, ; (B) in paragraph (2), by striking and after the semicolon; (C) in paragraph (3), by striking the period and inserting ; and ; and (D) by adding at the end the following: (4) to assist such State in developing and implementing any certification program for coal or other mines required for compliance with section 118. ; and (2) in subsection (h), by striking $3,000,000 for fiscal year 1970, and $10,000,000 annually in each succeeding fiscal year and inserting $20,000,000 for each fiscal year . 603. Double encumbrance; succession plan (a) Authorization Notwithstanding any personnel procedures, rules, or guidance, the Secretary of Labor is authorized to double encumber a position or utilize early replacement hiring for authorized representatives and technical specialist positions in the Mine Safety and Health Administration. The number of such positions shall be consistent with the staffing requirements set forth in the succession plan under subsection (b). (b) Succession Plan (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall develop and provide to Congress a succession plan for the Mine Safety and Health Administration for the next 5 years to assure timely replacement of qualified employees critical to maintaining the agency’s mission. (2) Contents of plan The succession plan developed under this subsection shall— (A) estimate employee turnover for each year; (B) set benchmarks for maximum allowable percentage of vacancies, and a maximum ratio of trainees to authorized representatives; (C) utilize double encumbrance or early replacement hiring for authorized representatives and technical specialists; (D) implement tracking systems to assure that staffing levels of authorized representatives and technical specialists do not fall below the minimum required to conduct necessary inspections, thoroughly review mine plans, and conduct accident and special investigations; and (E) identify resources necessary to implement such plan. (3) Updates to plan The succession plan under this subsection shall be updated biennially. VII Amendments to the Occupational Safety and Health Act of 1970 701. Coverage of public employees (a) In general Section 3(5) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(5) ) is amended by striking but does not include and all that follows through the period at the end and inserting including the United States, a State, or a political subdivision of a State. . (b) Construction Nothing in this Act, or the amendments made by this Act, shall be construed to affect the application of section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ). 702. Enhanced protections from retaliation (a) Employee actions Section 11(c)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 660(c)(1) ) is amended— (1) by striking discharge and all that follows through because such and inserting the following: discharge or cause to be discharged, or in any manner discriminate against or cause to be discriminated against, any employee because— (A) such ; (2) by striking this Act or has and inserting the following: this Act; (B) such employee has ; (3) by striking in any such proceeding or because of the exercise and inserting the following: before Congress or in any Federal or State proceeding related to safety or health; (C) such employee has refused to violate any provision of this Act; or (D) of the exercise ; and (4) by inserting before the period at the end the following: , including the reporting of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved . (b) Prohibition of retaliation Section 11(c) of such Act ( 29 U.S.C. 660(c) ) is amended by striking paragraph (2) and inserting the following: (2) (A) No person shall discharge, or cause to be discharged, or in any manner discriminate against, or cause to be discriminated against, an employee for refusing to perform the employee’s duties if the employee has a reasonable apprehension that performing such duties would result in serious injury to, or serious impairment of the health of, the employee or other employees. (B) For purposes of subparagraph (A), the circumstances causing the employee’s good-faith belief that performing such duties would pose a safety or health hazard shall be of such a nature that a reasonable person, under the circumstances confronting the employee, would conclude that there is such a hazard. In order to qualify for protection under this paragraph, the employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the employer and have not received from the employer a response reasonably calculated to allay such concern. . (c) Procedure Section 11(c) of such Act ( 29 U.S.C. 660(c) ) is amended by striking paragraph (3) and inserting the following: (3) Complaint Any employee who believes that the employee has been discharged, disciplined, or otherwise discriminated against by any person in violation of paragraph (1) or (2) may seek relief for such violation by filing a complaint with the Secretary under paragraph (5). (4) Statute of limitations (A) In general An employee may take the action permitted by paragraph (3) not later than 180 days after the later of— (i) the date on which an alleged violation of paragraph (1) or (2) occurs; or (ii) the date on which the employee knows or should reasonably have known that such alleged violation occurred. (B) Repeat violation With respect to an alleged repeat violation, except in a case when the employee has been discharged, a violation of paragraph (1) or (2) shall be considered to have occurred on the last date the alleged repeat violation occurred. (5) Investigation (A) In general An employee may, within the time period required under paragraph (4) , file a complaint with the Secretary alleging a violation of paragraph (1) or (2). If the complaint alleges a prima facie case, the Secretary shall conduct an investigation of the allegations in the complaint, which— (i) shall include— (I) interviewing the complainant; (II) providing the respondent an opportunity to— (aa) submit to the Secretary a written response to the complaint; and (bb) meet with the Secretary to present statements from witnesses or provide evidence; and (III) providing the complainant an opportunity to— (aa) receive any statements or evidence provided to the Secretary; (bb) meet with the Secretary; and (cc) rebut any statements or evidence; and (ii) may include issuing subpoenas for the purposes of such investigation. (B) Decision Not later than 90 days after the filing of the complaint, the Secretary shall— (i) determine whether reasonable cause exists to believe that a violation of paragraph (1) or (2) has occurred; and (ii) issue a decision granting or denying relief. (6) Preliminary order following investigation If, after completion of an investigation under paragraph (5)(A) , the Secretary finds reasonable cause to believe that a violation of paragraph (1) or (2) has occurred, the Secretary shall issue a preliminary order providing relief authorized under paragraph (14) at the same time the Secretary issues a decision under paragraph (5)(B) . If a de novo hearing is not requested within the time period required under paragraph (7)(A)(i) , such preliminary order shall be deemed a final order of the Secretary and is not subject to judicial review. (7) Hearing (A) Request for hearing (i) In general A de novo hearing on the record before an administrative law judge may be requested— (I) by the complainant or respondent within 30 days after receiving notification of a decision granting or denying relief issued under paragraph (5)(B) or a preliminary order under paragraph (6) respectively; (II) by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5) (A); or (III) by the complainant within 120 days after the date of filing the complaint, if the Secretary has not issued a decision under paragraph (5)( B). (ii) Reinstatement order The request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph (6) . (B) Procedures (i) In general A hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the Secretary for hearings conducted by administrative law judges. (ii) Subpoenas; production of evidence In conducting any such hearing, the administrative law judge may issue subpoenas. The respondent or complainant may request the issuance of subpoenas that require the deposition of, or the attendance and testimony of, witnesses and the production of any evidence (including any books, papers, documents, or recordings) relating to the matter under consideration. (iii) Decision The administrative law judge shall issue a decision not later than 90 days after the date on which a hearing was requested under this paragraph and promptly notify, in writing, the parties and the Secretary of such decision, including the findings of fact and conclusions of law. If the administrative law judge finds that a violation of paragraph (1) or (2) has occurred, the judge shall issue an order for relief under paragraph (14) . If review under paragraph (8) is not timely requested, such order shall be deemed a final order of the Secretary that is not subject to judicial review. (8) Administrative appeal (A) In general Not later than 30 days after the date of notification of a decision and order issued by an administrative law judge under paragraph (7) , the complainant or respondent may file, with objections, an administrative appeal with an administrative review body designated by the Secretary (referred to in this paragraph as the review board ). (B) Standard of Review In reviewing the decision and order of the administrative law judge, the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. (C) Decisions If the review board grants an administrative appeal, the review board shall issue a final decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of paragraph (1) or (2) has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. (9) Settlement in the Administrative Process (A) In general At any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. (B) Public policy considerations Neither the Secretary, an administrative law judge, or review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant’s right to future employment with employers other than the specific employers named in a complaint. (10) Inaction by the review board or administrative law judge (A) In general The complainant may bring a de novo action described in subparagraph (B) if— (i) an administrative law judge has not issued a decision and order within the 90-day period required under paragraph (7) (B)(iii); or (ii) the review board has not issued a decision and order within the 90-day period required under paragraph (8) (C). (B) De novo action Such de novo action may be brought at law or equity in the United States district court for the district where a violation of paragraph (1) or (2) allegedly occurred or where the complainant resided on the date of such alleged violation. The court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph (14). Such action shall, at the request of either party to such action, be tried by the court with a jury. (11) Judicial review (A) Timely Appeal to the court of appeals Any party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the United States Court of Appeals for the circuit where the violation, with respect to which such final decision and order was issued, allegedly occurred or where the complainant resided on the date of such alleged violation. To obtain such review, a party shall file a petition for review not later than 60 days after the final decision and order was issued. Such review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the final decision and order. (B) Limitation on collateral attack An order and decision with respect to which review may be obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. (12) Enforcement of order If a respondent fails to comply with an order issued under this subsection, the Secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the United States district court for the district in which the violation was found to occur to enforce such order. If both the Secretary and the complainant file such action, the action of the Secretary shall take precedence. The district court shall have jurisdiction to grant all appropriate relief described in paragraph (14). (13) Burdens of proof (A) Criteria for determination In making a determination or adjudicating a complaint pursuant to this subsection, the Secretary, administrative law judge, review board, or a court may determine that a violation of paragraph (1) or (2) has occurred only if the complainant demonstrates that any conduct described in paragraph (1) or (2) with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. (B) Prohibition Notwithstanding subparagraph (A), a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. (14) Relief (A) Order for relief If the Secretary, administrative law judge, review board, or a court determines that a violation of paragraph (1) or (2) has occurred, the Secretary, administrative law judge, review board, or court, respectively, shall have jurisdiction to order all appropriate relief, including injunctive relief, and compensatory and exemplary damages, including— (i) affirmative action to abate the violation; (ii) reinstatement without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant’s employment, including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified; (iii) compensatory and consequential damages sufficient to make the complainant whole (including back pay, prejudgment interest, and other damages); and (iv) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant’s direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. (B) Attorneys’ fees and costs If the Secretary or an administrative law judge, review board, or court grants an order for relief under subparagraph (A), the Secretary, administrative law judge, review board, or court, respectively, shall assess, at the request of the employee against the employer— (i) reasonable attorneys’ fees; and (ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. (15) Procedural Rights The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre-dispute arbitration agreement or collective bargaining agreement. (16) Savings Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. (17) Election of venue (A) In general An employee of an employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of paragraph (1) or (2) by such employer with— (i) the Secretary under paragraph (5) ; or (ii) a State plan administrator in such State. (B) Referrals If— (i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or (ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution. . (d) Relation to enforcement Section 17(j) of such Act ( 29 U.S.C. 666(j) ) is amended by inserting before the period the following: , including the history of violations under section 11(c) . 703. Victims’ rights The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ) is amended by inserting after section 9 ( 29 U.S.C. 658 ) the following: 9A. Victims' rights (a) Rights before the Secretary A victim or the representative of a victim shall be afforded the right, with respect to an inspection or investigation conducted under section 8, to— (1) meet with the Secretary regarding the inspection or investigation conducted under such section before the Secretary’s decision to issue a citation or take no action; (2) receive, at no cost, a copy of any citation or report, issued as a result of such inspection or investigation, at the same time as the employer receives such citation or report; (3) be informed of any notice of contest or addition of parties to the proceedings filed under section 10(c); and (4) be provided notification of the date and time or any proceedings, service of pleadings, and other relevant documents, and an explanation of the rights of the employer, employee and employee representative, and victim to participate in proceedings conducted under section 10(c). (b) Rights before the Commission Upon request, a victim or representative of a victim shall be afforded the right with respect to a work-related bodily injury or death to— (1) be notified of the time and date of any proceeding before the Commission; (2) receive pleadings and any decisions relating to the proceedings; and (3) be provided an opportunity to appear and make a statement in accordance with the rules prescribed by the Commission. (c) Modification of Citation Before entering into an agreement to withdraw or modify a citation issued as a result of an inspection or investigation of an incident under section 8, the Secretary shall notify a victim or representative of a victim and provide the victim or representative of a victim with an opportunity to appear and make a statement before the parties conducting settlement negotiations. In lieu of an appearance, the victim or representative of the victim may elect to submit a letter to the Secretary and the parties. (d) Secretary Procedures The Secretary shall establish procedures— (1) to inform victims of their rights under this section; and (2) for the informal review of any claim of a denial of such a right. (e) Commission procedures and considerations The Commission shall— (1) establish procedures relating to the rights of victims to be heard in proceedings before the Commission; and (2) in rendering any decision, provide due consideration to any statement or information provided by any victim before the Commission. (f) Family liaisons The Secretary shall designate at least 1 employee at each area office of the Occupational Safety and Health Administration to serve as a family liaison to— (1) keep victims informed of the status of investigations, enforcement actions, and settlement negotiations; and (2) assist victims in asserting their rights under this section. (g) Definition In this section, the term victim means— (1) an employee, including a former employee, who has sustained a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8; or (2) a family member (as further defined by the Secretary) of a victim described in paragraph (1), if— (A) the victim dies as a result of an incident that is the subject of an inspection or investigation conducted under section 8; or (B) the victim sustains a work-related injury or illness that is the subject of an inspection or investigation conducted under section 8, and the victim, because of incapacity, cannot reasonably exercise the rights under this section. . 704. Correction of serious, willful, or repeated violations pending contest and procedures for a stay Section 10 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 659 ) is amended by adding at the end the following: (d) Correction of serious, willful, or repeated violations pending contest and procedures for a stay (1) Period permitted for correction of serious, willful, or repeated violations For each violation which the Secretary designates as serious, willful, or repeated, the period permitted for the correction of the violation shall begin to run upon receipt of the citation. (2) Filing of a motion of contest The filing of a notice of contest by an employer— (A) shall not operate as a stay of the period for correction of a violation designated as serious, willful, or repeated; and (B) may operate as a stay of the period for correction of a violation not designated by the Secretary as serious, willful, or repeated. (3) Criteria and rules of procedure for stays (A) Motion for a stay An employer may file with the Commission a motion to stay a period for the correction of a violation designated as serious, willful, or repeated. (B) Criteria In determining whether a stay should be issued on the basis of a motion filed under subparagraph (A), the Commission shall consider whether— (i) the employer has demonstrated a substantial likelihood of success on its contest to the citation; (ii) the employer will suffer irreparable harm absent a stay; and (iii) a stay will adversely affect the health or safety of workers. (C) Rules of Procedure The Commission shall develop rules of procedure for conducting a hearing on a motion filed under subparagraph (A) on an expedited basis. At a minimum, such rules shall provide the following: (i) That a hearing before an administrative law judge shall occur not later than 15 days following the filing of the motion for a stay (unless extended at the request of the employer), and shall provide for a decision on the motion not later than 15 days following the hearing (unless extended at the request of the employer). (ii) That a decision of an administrative law judge on a motion for stay is rendered on a timely basis. (iii) That if a party is aggrieved by a decision issued by an administrative law judge regarding the stay, such party has the right to file an objection with the Commission not later than 5 days after receipt of the administrative law judge’s decision. Within 10 days after receipt of the objection, a Commissioner, if a quorum is seated pursuant to section 12(f), shall decide whether to grant review of the objection. If, within 10 days after receipt of the objection, no decision is made on whether to review the decision of the administrative law judge, the Commission declines to review such decision, or no quorum is seated, the decision of the administrative law judge shall become a final order of the Commission. If the Commission grants review of the objection, the Commission shall issue a decision regarding the stay not later than 30 days after receipt of the objection. If the Commission fails to issue such decision within 30 days, the decision of the administrative law judge shall become a final order of the Commission. (iv) For notification to employees or representatives of affected employees of requests for such hearings and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to such hearings. . 705. Conforming amendments Section 17(d) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666(d) ) is amended to read as follows: (d) Any employer who fails to correct a violation designated by the Secretary as serious, willful, or repeated and for which a citation has been issued under section 9(a) within the period permitted for its correction (and a stay has not been issued by the Commission under section 10(d)) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. Any employer who fails to correct any other violation for which a citation has been issued under section 9(a) within the period permitted for its correction (which period shall not begin to run until the date of the final order of the Commission in the case of any review proceeding under section 10 initiated by the employer in good faith and not solely for delay of avoidance of penalties) may be assessed a civil penalty of not more than $7,000 for each day during which such failure or violation continues. . 706. Civil penalties (a) In General Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) is amended— (1) in subsection (a)— (A) by striking $70,000 and inserting $120,000 ; (B) by striking $5,000 and inserting $8,000 ; and (C) by adding at the end the following: In determining whether a violation is repeated, the Secretary shall consider the employer's history of violations under this Act and under State occupational safety and health plans established under section 18. If such a willful or repeated violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $250,000 for each such violation, but not less than $50,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $25,000 for each such violation. ; (2) in subsection (b)— (A) by striking $7,000 and inserting $12,000 ; and (B) by adding at the end the following: If such a violation caused or contributed to the death of an employee, such civil penalty amounts shall be increased to not more than $50,000 for each such violation, but not less than $20,000 for each such violation, except that for an employer with 25 or fewer employees such penalty shall not be less than $10,000 for each such violation. ; (3) in subsection (c), by striking $7,000 and inserting $12,000 ; (4) in subsection (d), as amended by section 705, by striking $7,000 each place it occurs and inserting $12,000 ; (5) by redesignating subsections (e) through (l) as subsections (f) through (m), respectively; and (6) in subsection (j) (as redesignated by paragraph (5)), by striking $7,000 and inserting $12,000; . (b) Inflation Adjustment Section 17 of such Act is further amended by inserting after subsection (d) the following: (e) Amounts provided under this section for civil penalties shall be adjusted by the Secretary at least once during each 4-year period beginning January 1 after the date of enactment of the Robert C. Byrd Mine Safety Protection Act of 2022 , to account for the percentage increase or decrease in the Consumer Price Index for all urban consumers during such period. . 707. Criminal penalties (a) In General Section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ) (as amended by sections 705 and 706) is further amended— (1) by amending subsection (f), as so redesignated, to read as follows: (f) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation caused or contributed to the death of any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, by imprisonment for not more than 10 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (i), punishment shall be by a fine in accordance with title 18, United States Code, by imprisonment for not more than 20 years, or by both. (2) For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3, any officer or director. ; (2) in subsection (g), as so redesignated, by striking fine of not more than $1,000 or by imprisonment for not more than six months, and inserting fine in accordance with title 18, United States Code, or by imprisonment for not more than 2 years, ; (3) in subsection (h), as so redesignated, by striking fine of not more than $10,000, or by imprisonment for not more than six months, and inserting fine in accordance with title 18, United States Code, or by imprisonment for not more than 5 years, ; (4) by redesignating subsections (j) through (m), as so redesignated, as subsections (k) through (n), respectively; and (5) by inserting after subsection (i) the following: (j) (1) Any employer who knowingly violates any standard, rule, or order promulgated under section 6, or any regulation prescribed under this Act, and that violation causes or contributes to serious bodily harm to any employee but does not cause death to any employee, shall, upon conviction, be punished by a fine in accordance with title 18, United States Code, by imprisonment for not more than 5 years, or by both, except that if the conviction is for a violation committed after a first conviction of such person under this subsection or subsection (e), punishment shall be by a fine in accordance with title 18, United States Code, by imprisonment for not more than 10 years, or by both. (2) For the purpose of this subsection, the term employer means, in addition to the definition contained in section 3, any officer or director. (3) For purposes of this subsection, the term serious bodily harm means bodily injury or illness that involves— (A) a substantial risk of death; (B) protracted unconsciousness; (C) protracted and obvious physical disfigurement; or (D) protracted loss or impairment, either temporary or permanent, of the function of a bodily member, organ, or mental faculty. . (b) Jurisdiction for Prosecution Under State and Local Criminal Laws Section 17 of such Act ( 29 U.S.C. 666 ) (as amended by this Act) is further amended by adding at the end the following: (o) Nothing in this Act shall preclude a State or local law enforcement agency from conducting criminal prosecutions in accordance with the laws of such State or locality. . 708. Penalties Subsection (n) of section 17 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 666 ), as redesignated by sections 706 and 707, is amended by adding at the end the following: Pre-final order interest on such penalties shall begin to accrue on the date the party contests a citation issued under this Act, and shall end upon the issuance of the final order. Such pre-final order interest shall be calculated at the current underpayment rate determined by the Secretary of the Treasury pursuant to section 6621 of the Internal Revenue Code of 1986, and shall be compounded daily. Post-final order interest shall begin to accrue 30 days after the date a final order of the Commission or the court is issued, and shall be charged at the rate of 8 percent per year. . 709. Authorization of cooperative agreements by NIOSH Office of Mine Safety and Health Section 22(h)(3) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 671(h)(3) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) enter into cooperative agreements or contracts with international institutions and private entities to improve mine safety and health through the development and evaluation of new interventions; and . 710. Effective date (a) General Rule Except as provided for in subsection (b), this title and the amendments made by this title shall take effect not later than 90 days after the date of the enactment of this Act. (b) Exception for States and political subdivisions The following are exceptions to the effective date described in subsection (a): (1) A State that has a State plan approved under section 18 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 667 ) shall amend its State plan to conform with the requirements of this title, and the amendments made by this title, not later than 12 months after the date of the enactment of this Act. The Secretary of Labor may extend the period for a State to make such amendments to its State plan by not more than 12 months, if the State’s legislature is not in session during the 12-month period beginning with the date of the enactment of this Act. Such amendments to the State plan shall take effect not later than 90 days after the adoption of such amendments by such State. (2) This title and the amendments made by this title shall take effect not later than 36 months after the date of the enactment of this Act with respect to a workplace of a State, or a political subdivision of a State, that does not have a State plan approved under such section 18 ( 29 U.S.C. 667 ). | https://www.govinfo.gov/content/pkg/BILLS-117s5356is/xml/BILLS-117s5356is.xml |
117-s-5357 | II 117th CONGRESS 2d Session S. 5357 IN THE SENATE OF THE UNITED STATES December 22, 2022 Ms. Collins (for herself, Mrs. Feinstein , Ms. Rosen , Mr. Kelly , Ms. Hassan , and Mr. Warnock ) introduced the following bill; which was read twice, considered, read the third time, and passed A BILL To provide compensation for United States victims of Libyan state-sponsored terrorism, and for other purposes.
1. Short title This Act may be cited as the Justice for the Living Victims of Lockerbie Act . 2. Defined term In this Act, the term compensable living victim of Libyan state-sponsored terrorism means an individual who— (1) is a United States person; (2) was 45 years of age or older on December 3, 1991; (3) was employed by Pan American World Airways, Inc., on December 3, 1991; (4) was a named claimant in Abbott et al. v. Socialist People’s Libyan Arab Jamahiriya (case number 1:94–cv–02444–SS) in the United States District Court for the District of Columbia; and (5) was alive on August 14, 2008. 3. Living Victims of Lockerbie Claims Trust Fund (a) Establishment Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury shall establish, in the Treasury of the United States, a trust fund, to be known as the Living Victims of Lockerbie Claims Trust Fund (in this section referred to as the Fund ) for the payment of claims submitted by compensable living victims of Libyan state-sponsored terrorism under section 4. (b) Authorization of appropriations Once the Fund is established pursuant to subsection (a), there shall be appropriated to the Fund, out of any money in the Treasury of the United States not otherwise appropriated, $20,000,000 for fiscal year 2023, which shall be made available to provide compensation to compensable living victims of Libyan state-sponsored terrorism. 4. Compensation for living victims of Libyan state-sponsored terrorism (a) Certification by the Foreign Claims Settlement Commission The Foreign Claims Settlement Commission shall— (1) not later than 30 days after the date of the enactment of this Act, publish in the Federal Register a notice of a process for filing claims on behalf of compensable living victims of Libyan state-sponsored terrorism, which shall include a deadline for the filing of claims of not later than the date that is 60 days after the date of publication of the notice; (2) not later than 60 days after the end of the period for filing claims described in paragraph (1)— (A) determine if each individual who submitted a claim under that paragraph is a compensable living victim of Libyan state-sponsored terrorism; and (B) approve the claim of each individual the Commission determines under subparagraph (A) to be a compensable living victim of Libyan state-sponsored terrorism; and (3) upon approving a claim under paragraph (2)(B), certify approval of the claim to the Secretary of the Treasury for purposes of authorization of payment under subsection (b). (b) Payments authorized Upon receiving a certification from the Foreign Claims Settlement Commission under subsection (a)(3), the Secretary of the Treasury shall make payments from the Fund to compensable living victims of Libyan state-sponsored terrorism in accordance with subsection (c). (c) Compensation (1) In general Upon a certification by the Foreign Claims Settlement Commission under subsection (a)(3) of the claim of a compensable living victim of Libyan state-sponsored terrorism, the claimant (or, in the case of a deceased claimant, the personal representative of the claimant’s estate) shall be entitled to an award in an amount equal to— (A) $20,000,000, divided by (B) the total number of claims certified under subsection (a)(3). (2) Representative If a putative claimant that otherwise qualifies for compensation under this section is deceased, a personal representative may bring a claim on behalf of the estate of the claimant. | https://www.govinfo.gov/content/pkg/BILLS-117s5357cps/xml/BILLS-117s5357cps.xml |
117-sconres-1 | III 117th CONGRESS 1st Session S. CON. RES. 1 IN THE SENATE OF THE UNITED STATES January 3, 2021 Mr. McConnell submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION To provide for the counting on January 6, 2021, of the electoral votes for President and Vice President of the United States.
That the two Houses of Congress shall meet in the Hall of the House of Representatives on Wednesday, the 6 th day of January 2021, at 1 o'clock post meridian, pursuant to the requirements of the Constitution and laws relating to the election of President and Vice President of the United States, and the President of the Senate shall be their Presiding Officer; that two tellers shall be previously appointed by the President of the Senate on the part of the Senate and two by the Speaker on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter “A”; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from said certificates; and the votes having been ascertained and counted in the manner and according to the rules by law provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and together with a list of the votes, be entered on the Journals of the two Houses. | https://www.govinfo.gov/content/pkg/BILLS-117sconres1ats/xml/BILLS-117sconres1ats.xml |
117-sconres-2 | III 117th CONGRESS 1st Session S. CON. RES. 2 IN THE SENATE OF THE UNITED STATES January 3, 2021 Mr. McConnell submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Extending the life of the Joint Congressional Committee on Inaugural Ceremonies and authorizing the use of the rotunda and Emancipation Hall of the Capitol by the Joint Congressional Committee on Inaugural Ceremonies in connection with the proceedings and ceremonies conducted for the inauguration of the President-elect and the Vice President-elect of the United States.
1. Reauthorization of Joint Committee Effective from January 3, 2021, the joint committee created by Senate Concurrent Resolution 38 (116th Congress), agreed to June 26, 2020, to make the necessary arrangements for the inauguration of the President-elect and the Vice President-elect of the United States, is continued with the same power and authority provided for in that resolution. 2. Use of Capitol The rotunda and Emancipation Hall of the United States Capitol are authorized to be used on January 10, 2021, January 17, 2021, and January 20, 2021 by the joint committee created by Senate Concurrent Resolution 38 (116th Congress), agreed to June 26, 2020, in connection with the proceedings and ceremonies conducted for the inauguration of the President-elect and the Vice President-elect of the United States. | https://www.govinfo.gov/content/pkg/BILLS-117sconres2ats/xml/BILLS-117sconres2ats.xml |
117-sconres-3 | III 117th CONGRESS 1st Session S. CON. RES. 3 IN THE SENATE OF THE UNITED STATES January 22, 2021 Mr. Manchin (for himself, Mrs. Capito , and Mr. Romney ) submitted the following concurrent resolution; which was referred to the Committee on Rules and Administration CONCURRENT RESOLUTION Authorizing the use of the rotunda of the Capitol for the lying in state of the remains of the last Medal of Honor recipient of World War II, in order to honor the Greatest Generation and the more than 16,000,000 men and women who served in the Armed Forces of the United States from 1941 to 1945.
1. Honoring the last surviving Medal of Honor recipient of World War II (a) Use of rotunda The individual who is the last surviving recipient of the Medal of Honor for acts performed during World War II shall be permitted to lie in state in the rotunda of the Capitol upon death, if the individual (or the next of kin of the individual) so elects. (b) Implementation The Architect of the Capitol, under the direction of the President pro tempore of the Senate and the Speaker of the House of Representatives, shall take the necessary steps to implement subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117sconres3is/xml/BILLS-117sconres3is.xml |
117-sconres-4 | III 117th CONGRESS 1st Session S. CON. RES. 4 IN THE SENATE OF THE UNITED STATES January 28, 2021 Mr. Daines (for himself, Mr. Lankford , Mr. Blunt , Mr. Risch , Mr. Inhofe , Mr. Hoeven , Mr. Cramer , Mr. Hawley , Mrs. Hyde-Smith , Mr. Tillis , Mr. Scott of South Carolina , Mr. Cotton , Mr. Braun , Mrs. Blackburn , and Mr. Rounds ) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Affirming the importance of religious freedom as a fundamental human right that is essential to a free society and protected for all people of the United States under the Constitution of the United States, and recognizing the 235th anniversary of the enactment of the Virginia Statute for Religious Freedom.
Whereas the democracy of the United States is rooted in the fundamental truth that all people are created equal, endowed by the Creator with certain inalienable rights, including life, liberty, and the pursuit of happiness; Whereas the freedom of conscience was highly valued by— (1) individuals seeking religious freedom who settled in the colonies in the United States; (2) the founders of the United States; and (3) Thomas Jefferson, who wrote in a letter to the Society of the Methodist Episcopal Church at New London, Connecticut, dated February 4, 1809, that [n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprizes of the civil authority ; Whereas the Virginia Statute for Religious Freedom was— (1) drafted by Thomas Jefferson, who considered the Virginia Statute for Religious Freedom to be one of his greatest achievements; (2) enacted on January 16, 1786; and (3) the forerunner to the Free Exercise Clause of the First Amendment to the Constitution of the United States; Whereas section 2(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(a) ) states that— (1) [t]he right to freedom of religion undergirds the very origin and existence of the United States ; and (2) religious freedom was established by the founders of the United States in law, as a fundamental right and as a pillar of our Nation ; Whereas the role of religion in society and public life in the United States has a long and robust tradition; Whereas individuals who have studied the democracy of the United States from an international perspective, such as Alexis de Tocqueville, have noted that religion plays a central role in preserving the Government of the United States because religion provides the moral base required for democracy to succeed; Whereas, in Town of Greece v. Galloway, 134 S. Ct. 1811 (2014), the Supreme Court of the United States affirmed that people of many faiths may be united in a community of tolerance and devotion ; Whereas the principle of religious freedom has guided our Nation forward , as expressed by the 44th President of the United States in a Presidential proclamation on Religious Freedom Day in 2011, and freedom of religion is a universal human right to be protected here at home and across the globe , as expressed by that President of the United States on Religious Freedom Day in 2013; Whereas [f]reedom of religion is a fundamental human right that must be upheld by every nation and guaranteed by every government , as expressed by the 42nd President of the United States in a Presidential proclamation on Religious Freedom Day in 1999; Whereas the First Amendment to the Constitution of the United States protects— (1) the right of individuals to freely express and act on the religious beliefs of those individuals; and (2) individuals from coercion to profess or act on a religious belief to which those individuals do not adhere; Whereas our laws and institutions should not impede or hinder but rather should protect and preserve fundamental religious liberties , as expressed by the 42nd President of the United States in remarks accompanying the signing of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq.); Whereas, for countless people of the United States, faith is an integral part of every aspect of daily life and is not limited to the homes, houses of worship, or doctrinal creeds of those individuals; Whereas religious faith has inspired many of our fellow citizens to help build a better Nation in which people of faith continue to wage a determined campaign to meet needs and fight suffering , as expressed by the 43rd President of the United States in a Presidential proclamation on Religious Freedom Day in 2003; Whereas, [f]rom its birth to this day, the United States has prized this legacy of religious freedom and honored this heritage by standing for religious freedom and offering refuge to those suffering religious persecution , as noted in section 2(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(a) ); Whereas Thomas Jefferson wrote— (1) in 1798 that each right encompassed in the First Amendment to the Constitution of the United States is dependent on the other rights described in that Amendment, thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others ; and (2) in 1822 that the constitutional freedom of religion is the most inalienable and sacred of all human rights ; Whereas religious freedom has been integral to the preservation and development of the United States , and the free exercise of religion goes hand in hand with the preservation of our other rights , as expressed by the 41st President of the United States in a Presidential proclamation on Religious Freedom Day in 1993; and Whereas we continue to proclaim the fundamental right of all peoples to believe and worship according to their own conscience, to affirm their beliefs openly and freely, and to practice their faith without fear or intimidation , as expressed by the 42nd President of the United States in a Presidential proclamation on Religious Freedom Day in 1998: Now, therefore, be it
That Congress— (1) on Religious Freedom Day on January 16, 2021, honors the 235th anniversary of the enactment of the Virginia Statute for Religious Freedom; and (2) affirms that— (A) for individuals of any faith and individuals of no faith, religious freedom includes the right of an individual to live, work, associate, and worship in accordance with the beliefs of the individual; (B) all people of the United States can be unified in supporting religious freedom, regardless of differing individual beliefs, because religious freedom is a fundamental human right; and (C) the American people will remain forever unshackled in matters of faith , as expressed by the 44th President of the United States in a Presidential proclamation on Religious Freedom Day in 2012. | https://www.govinfo.gov/content/pkg/BILLS-117sconres4is/xml/BILLS-117sconres4is.xml |
117-sconres-5 | One Hundred Seventeenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty one S. CON. RES. 5 IN THE SENATE OF THE UNITED STATES February 5, 2021 Agreed to CONCURRENT RESOLUTION Setting forth the congressional budget for the United States Government for fiscal year 2021 and setting forth the appropriate budgetary levels for fiscal years 2022 through 2030.
1. Concurrent resolution on the budget for fiscal year 2021 (a) Declaration Congress declares that this resolution is the concurrent resolution on the budget for fiscal year 2021 and that this resolution sets forth the appropriate budgetary levels for fiscal years 2022 through 2030. (b) Table of contents The table of contents for this concurrent resolution is as follows: Sec. 1. Concurrent resolution on the budget for fiscal year 2021. TITLE I—Recommended levels and amounts Subtitle A—Budgetary levels in both Houses Sec. 1101. Recommended levels and amounts. Sec. 1102. Major functional categories. Subtitle B—Levels and amounts in the Senate Sec. 1201. Social security in the Senate. Sec. 1202. Postal Service discretionary administrative expenses in the Senate. TITLE II—Reconciliation Sec. 2001. Reconciliation in the House of Representatives. Sec. 2002. Reconciliation in the Senate. TITLE III—Reserve funds Sec. 3001. Reserve fund for reconciliation legislation. Sec. 3002. Reserve fund for deficit-neutral legislation. Sec. 3003. Deficit-neutral reserve fund relating to establishing a fund to provide grants to food service and drinking establishments affected by the COVID–19 pandemic. Sec. 3004. Deficit-neutral reserve fund relating to preventing tax increases on small businesses during a pandemic. Sec. 3005. Deficit-neutral reserve fund relating to the authority of States and other taxing jurisdictions to tax certain income of employees working in other States or taxing jurisdictions. Sec. 3006. Deficit-neutral reserve fund relating to targeting economic impact payments to Americans who are suffering from the effects of COVID–19. Sec. 3007. Deficit-neutral reserve fund relating to COVID–19 vaccine administration and a public awareness campaign. Sec. 3008. Deficit-neutral reserve fund relating to supporting elementary and secondary schools in States with lost revenue due to the Federal moratorium on oil and natural gas leasing on public lands and offshore waters. Sec. 3009. Deficit-neutral reserve fund relating to strengthening the Provider Relief Fund. Sec. 3010. Deficit-neutral reserve fund relating to improving services and interventions relating to sexual assault, family violence, domestic violence, dating violence, and child abuse. Sec. 3011. Deficit-neutral reserve fund relating to supporting hospitality, conventions, trade shows, entertainment, tourism, and travel and their workers. Sec. 3012. Deficit-neutral reserve fund relating to maintaining the United States Embassy in Jerusalem, Israel. Sec. 3013. Deficit-neutral reserve fund relating to increasing the Federal minimum wage during a global pandemic. Sec. 3014. Deficit-neutral reserve fund relating to funding the police. Sec. 3015. Deficit-neutral reserve fund relating to providing information online regarding the expenditure of COVID–19 relief funds. Sec. 3016. Deficit-neutral reserve fund relating to improving the solvency of Federal trust funds. Sec. 3017. Deficit-neutral reserve fund relating to Federal environmental and water policies. Sec. 3018. Deficit-neutral reserve fund relating to Federal relief funds for State or local governments. Sec. 3019. Deficit-neutral reserve fund relating to prohibiting actions by the executive branch that would make the United States more reliant on countries with weaker environmental or labor standards for oil, gas, or hardrock mineral production. Sec. 3020. Deficit-neutral reserve fund relating to expanding health savings accounts. TITLE IV—Other matters Sec. 4001. Enforcement filing. Sec. 4002. Budgetary treatment of administrative expenses. Sec. 4003. Application and effect of changes in allocations, aggregates, and other budgetary levels. Sec. 4004. Adjustments to reflect changes in concepts and definitions. Sec. 4005. Adjustment for changes in the baseline. Sec. 4006. Limitation on advance appropriations. Sec. 4007. Repeal of supermajority enforcement requirement. Sec. 4008. Exercise of rulemaking powers. I Recommended levels and amounts A Budgetary levels in both Houses 1101. Recommended levels and amounts The following budgetary levels are appropriate for each of fiscal years 2021 through 2030: (1) Federal revenues For purposes of the enforcement of this resolution: (A) The recommended levels of Federal revenues are as follows: Fiscal year 2021: $2,303,274,000,000. Fiscal year 2022: $2,768,717,000,000. Fiscal year 2023: $2,971,083,000,000. Fiscal year 2024: $3,092,643,000,000. Fiscal year 2025: $3,236,199,000,000. Fiscal year 2026: $3,514,253,000,000. Fiscal year 2027: $3,762,577,000,000. Fiscal year 2028: $3,883,209,000,000. Fiscal year 2029: $4,007,991,000,000. Fiscal year 2030: $4,121,665,000,000. (B) The amounts by which the aggregate levels of Federal revenues should be changed are as follows: Fiscal year 2021: −$15,670,000,000. Fiscal year 2022: −$17,390,000,000. Fiscal year 2023: $102,000,000. Fiscal year 2024: $226,000,000. Fiscal year 2025: $216,000,000. Fiscal year 2026: $181,000,000. Fiscal year 2027: $98,000,000. Fiscal year 2028: −$106,000,000. Fiscal year 2029: −$121,000,000. Fiscal year 2030: −$128,000,000. (2) New budget authority For purposes of the enforcement of this resolution, the appropriate levels of total new budget authority are as follows: Fiscal year 2021: $6,020,543,000,000. Fiscal year 2022: $4,091,342,000,000. Fiscal year 2023: $4,011,132,000,000. Fiscal year 2024: $4,072,784,000,000. Fiscal year 2025: $4,267,538,000,000. Fiscal year 2026: $4,449,047,000,000. Fiscal year 2027: $4,642,875,000,000. Fiscal year 2028: $4,960,846,000,000. Fiscal year 2029: $5,082,932,000,000. Fiscal year 2030: $5,471,756,000,000. (3) Budget outlays For purposes of the enforcement of this resolution, the appropriate levels of total budget outlays are as follows: Fiscal year 2021: $6,140,857,000,000. Fiscal year 2022: $4,298,244,000,000. Fiscal year 2023: $4,070,343,000,000. Fiscal year 2024: $4,070,242,000,000. Fiscal year 2025: $4,250,436,000,000. Fiscal year 2026: $4,425,376,000,000. Fiscal year 2027: $4,606,887,000,000. Fiscal year 2028: $4,950,170,000,000. Fiscal year 2029: $5,019,083,000,000. Fiscal year 2030: $5,419,949,000,000. (4) Deficits For purposes of the enforcement of this resolution, the amounts of the deficits are as follows: Fiscal year 2021: $3,837,583,000,000. Fiscal year 2022: $1,529,527,000,000. Fiscal year 2023: $1,099,260,000,000. Fiscal year 2024: $977,599,000,000. Fiscal year 2025: $1,014,237,000,000. Fiscal year 2026: $911,123,000,000. Fiscal year 2027: $844,310,000,000. Fiscal year 2028: $1,066,961,000,000. Fiscal year 2029: $1,011,092,000,000. Fiscal year 2030: $1,298,284,000,000. (5) Public debt Pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(a)(5) ), the appropriate levels of the public debt are as follows: Fiscal year 2021: $29,943,000,000,000. Fiscal year 2022: $31,647,000,000,000. Fiscal year 2023: $32,911,000,000,000. Fiscal year 2024: $34,102,000,000,000. Fiscal year 2025: $35,262,000,000,000. Fiscal year 2026: $36,311,000,000,000. Fiscal year 2027: $37,261,000,000,000. Fiscal year 2028: $38,443,000,000,000. Fiscal year 2029: $39,652,000,000,000. Fiscal year 2030: $41,068,000,000,000. (6) Debt held by the public The appropriate levels of debt held by the public are as follows: Fiscal year 2021: $24,081,000,000,000. Fiscal year 2022: $25,818,000,000,000. Fiscal year 2023: $27,153,000,000,000. Fiscal year 2024: $28,380,000,000,000. Fiscal year 2025: $29,610,000,000,000. Fiscal year 2026: $30,730,000,000,000. Fiscal year 2027: $31,882,000,000,000. Fiscal year 2028: $33,333,000,000,000. Fiscal year 2029: $34,768,000,000,000. Fiscal year 2030: $36,518,000,000,000. 1102. Major functional categories Congress determines and declares that the appropriate levels of new budget authority and outlays for fiscal years 2021 through 2030 for each major functional category are: (1) National Defense (050): Fiscal year 2021: (A) New budget authority, $762,552,000,000. (B) Outlays, $748,719,000,000. Fiscal year 2022: (A) New budget authority, $776,986,000,000. (B) Outlays, $766,960,000,000. Fiscal year 2023: (A) New budget authority, $792,882,000,000. (B) Outlays, $773,777,000,000. Fiscal year 2024: (A) New budget authority, $810,362,000,000. (B) Outlays, $782,210,000,000. Fiscal year 2025: (A) New budget authority, $828,950,000,000. (B) Outlays, $804,311,000,000. Fiscal year 2026: (A) New budget authority, $847,993,000,000. (B) Outlays, $821,641,000,000. Fiscal year 2027: (A) New budget authority, $868,011,000,000. (B) Outlays, $840,472,000,000. Fiscal year 2028: (A) New budget authority, $888,637,000,000. (B) Outlays, $865,412,000,000. Fiscal year 2029: (A) New budget authority, $909,676,000,000. (B) Outlays, $874,729,000,000. Fiscal year 2030: (A) New budget authority, $931,654,000,000. (B) Outlays, $901,459,000,000. (2) International Affairs (150): Fiscal year 2021: (A) New budget authority, $85,042,000,000. (B) Outlays, $47,310,000,000. Fiscal year 2022: (A) New budget authority, $64,249,000,000. (B) Outlays, $58,941,000,000. Fiscal year 2023: (A) New budget authority, $60,410,000,000. (B) Outlays, $60,004,000,000. Fiscal year 2024: (A) New budget authority, $61,722,000,000. (B) Outlays, $59,578,000,000. Fiscal year 2025: (A) New budget authority, $63,114,000,000. (B) Outlays, $60,371,000,000. Fiscal year 2026: (A) New budget authority, $64,518,000,000. (B) Outlays, $61,851,000,000. Fiscal year 2027: (A) New budget authority, $66,053,000,000. (B) Outlays, $63,271,000,000. Fiscal year 2028: (A) New budget authority, $67,608,000,000. (B) Outlays, $64,814,000,000. Fiscal year 2029: (A) New budget authority, $69,140,000,000. (B) Outlays, $66,100,000,000. Fiscal year 2030: (A) New budget authority, $70,703,000,000. (B) Outlays, $67,498,000,000. (3) General Science, Space, and Technology (250): Fiscal year 2021: (A) New budget authority, $38,543,000,000. (B) Outlays, $35,563,000,000. Fiscal year 2022: (A) New budget authority, $38,029,000,000. (B) Outlays, $37,267,000,000. Fiscal year 2023: (A) New budget authority, $38,791,000,000. (B) Outlays, $38,167,000,000. Fiscal year 2024: (A) New budget authority, $39,609,000,000. (B) Outlays, $38,841,000,000. Fiscal year 2025: (A) New budget authority, $40,471,000,000. (B) Outlays, $39,604,000,000. Fiscal year 2026: (A) New budget authority, $41,342,000,000. (B) Outlays, $40,432,000,000. Fiscal year 2027: (A) New budget authority, $42,249,000,000. (B) Outlays, $41,291,000,000. Fiscal year 2028: (A) New budget authority, $43,169,000,000. (B) Outlays, $42,181,000,000. Fiscal year 2029: (A) New budget authority, $44,096,000,000. (B) Outlays, $43,095,000,000. Fiscal year 2030: (A) New budget authority, $45,065,000,000. (B) Outlays, $44,035,000,000. (4) Energy (270): Fiscal year 2021: (A) New budget authority, $4,057,000,000. (B) Outlays, $5,280,000,000. Fiscal year 2022: (A) New budget authority, $6,050,000,000. (B) Outlays, $5,076,000,000. Fiscal year 2023: (A) New budget authority, $5,730,000,000. (B) Outlays, $4,542,000,000. Fiscal year 2024: (A) New budget authority, $5,834,000,000. (B) Outlays, $4,760,000,000. Fiscal year 2025: (A) New budget authority, $5,948,000,000. (B) Outlays, $4,857,000,000. Fiscal year 2026: (A) New budget authority, $5,819,000,000. (B) Outlays, $4,810,000,000. Fiscal year 2027: (A) New budget authority, $5,928,000,000. (B) Outlays, $4,886,000,000. Fiscal year 2028: (A) New budget authority, $7,846,000,000. (B) Outlays, $6,806,000,000. Fiscal year 2029: (A) New budget authority, $8,318,000,000. (B) Outlays, $7,337,000,000. Fiscal year 2030: (A) New budget authority, $8,502,000,000. (B) Outlays, $7,601,000,000. (5) Natural Resources and Environment (300): Fiscal year 2021: (A) New budget authority, $50,042,000,000. (B) Outlays, $47,053,000,000. Fiscal year 2022: (A) New budget authority, $51,243,000,000. (B) Outlays, $49,042,000,000. Fiscal year 2023: (A) New budget authority, $53,061,000,000. (B) Outlays, $50,890,000,000. Fiscal year 2024: (A) New budget authority, $54,116,000,000. (B) Outlays, $52,475,000,000. Fiscal year 2025: (A) New budget authority, $55,219,000,000. (B) Outlays, $54,269,000,000. Fiscal year 2026: (A) New budget authority, $54,734,000,000. (B) Outlays, $55,807,000,000. Fiscal year 2027: (A) New budget authority, $55,899,000,000. (B) Outlays, $57,090,000,000. Fiscal year 2028: (A) New budget authority, $57,141,000,000. (B) Outlays, $58,098,000,000. Fiscal year 2029: (A) New budget authority, $58,378,000,000. (B) Outlays, $59,056,000,000. Fiscal year 2030: (A) New budget authority, $59,616,000,000. (B) Outlays, $59,946,000,000. (6) Agriculture (350): Fiscal year 2021: (A) New budget authority, $49,067,000,000. (B) Outlays, $50,970,000,000. Fiscal year 2022: (A) New budget authority, $28,047,000,000. (B) Outlays, $28,576,000,000. Fiscal year 2023: (A) New budget authority, $28,130,000,000. (B) Outlays, $27,794,000,000. Fiscal year 2024: (A) New budget authority, $27,909,000,000. (B) Outlays, $27,424,000,000. Fiscal year 2025: (A) New budget authority, $27,496,000,000. (B) Outlays, $26,898,000,000. Fiscal year 2026: (A) New budget authority, $27,675,000,000. (B) Outlays, $27,055,000,000. Fiscal year 2027: (A) New budget authority, $27,535,000,000. (B) Outlays, $26,873,000,000. Fiscal year 2028: (A) New budget authority, $27,715,000,000. (B) Outlays, $27,072,000,000. Fiscal year 2029: (A) New budget authority, $27,752,000,000. (B) Outlays, $27,083,000,000. Fiscal year 2030: (A) New budget authority, $28,058,000,000. (B) Outlays, $27,392,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2021: (A) New budget authority, −$242,699,000,000. (B) Outlays, $327,529,000,000. Fiscal year 2022: (A) New budget authority, $19,497,000,000. (B) Outlays, $36,392,000,000. Fiscal year 2023: (A) New budget authority, $20,198,000,000. (B) Outlays, $18,376,000,000. Fiscal year 2024: (A) New budget authority, $21,159,000,000. (B) Outlays, $18,015,000,000. Fiscal year 2025: (A) New budget authority, $20,943,000,000. (B) Outlays, $16,507,000,000. Fiscal year 2026: (A) New budget authority, $21,827,000,000. (B) Outlays, $15,783,000,000. Fiscal year 2027: (A) New budget authority, $22,117,000,000. (B) Outlays, $15,520,000,000. Fiscal year 2028: (A) New budget authority, $21,953,000,000. (B) Outlays, $16,174,000,000. Fiscal year 2029: (A) New budget authority, $22,222,000,000. (B) Outlays, $15,056,000,000. Fiscal year 2030: (A) New budget authority, $21,683,000,000. (B) Outlays, $13,389,000,000. (8) Transportation (400): Fiscal year 2021: (A) New budget authority, $206,391,000,000. (B) Outlays, $185,619,000,000. Fiscal year 2022: (A) New budget authority, $104,160,000,000. (B) Outlays, $119,664,000,000. Fiscal year 2023: (A) New budget authority, $104,738,000,000. (B) Outlays, $112,309,000,000. Fiscal year 2024: (A) New budget authority, $105,569,000,000. (B) Outlays, $105,989,000,000. Fiscal year 2025: (A) New budget authority, $106,120,000,000. (B) Outlays, $108,527,000,000. Fiscal year 2026: (A) New budget authority, $107,067,000,000. (B) Outlays, $111,187,000,000. Fiscal year 2027: (A) New budget authority, $108,278,000,000. (B) Outlays, $113,982,000,000. Fiscal year 2028: (A) New budget authority, $109,339,000,000. (B) Outlays, $116,164,000,000. Fiscal year 2029: (A) New budget authority, $110,222,000,000. (B) Outlays, $118,680,000,000. Fiscal year 2030: (A) New budget authority, $111,372,000,000. (B) Outlays, $121,056,000,000. (9) Community and Regional Development (450): Fiscal year 2021: (A) New budget authority, $127,525,000,000. (B) Outlays, $98,043,000,000. Fiscal year 2022: (A) New budget authority, $32,000,000,000. (B) Outlays, $51,963,000,000. Fiscal year 2023: (A) New budget authority, $32,624,000,000. (B) Outlays, $48,433,000,000. Fiscal year 2024: (A) New budget authority, $33,318,000,000. (B) Outlays, $45,776,000,000. Fiscal year 2025: (A) New budget authority, $34,031,000,000. (B) Outlays, $43,758,000,000. Fiscal year 2026: (A) New budget authority, $34,763,000,000. (B) Outlays, $42,053,000,000. Fiscal year 2027: (A) New budget authority, $35,520,000,000. (B) Outlays, $42,217,000,000. Fiscal year 2028: (A) New budget authority, $36,283,000,000. (B) Outlays, $42,162,000,000. Fiscal year 2029: (A) New budget authority, $37,048,000,000. (B) Outlays, $42,100,000,000. Fiscal year 2030: (A) New budget authority, $37,843,000,000. (B) Outlays, $42,189,000,000. (10) Education, Training, Employment, and Social Services (500): Fiscal year 2021: (A) New budget authority, $372,350,000,000. (B) Outlays, $160,006,000,000. Fiscal year 2022: (A) New budget authority, $115,812,000,000. (B) Outlays, $178,392,000,000. Fiscal year 2023: (A) New budget authority, $116,259,000,000. (B) Outlays, $154,773,000,000. Fiscal year 2024: (A) New budget authority, $118,661,000,000. (B) Outlays, $150,171,000,000. Fiscal year 2025: (A) New budget authority, $121,803,000,000. (B) Outlays, $144,105,000,000. Fiscal year 2026: (A) New budget authority, $125,194,000,000. (B) Outlays, $134,645,000,000. Fiscal year 2027: (A) New budget authority, $128,638,000,000. (B) Outlays, $130,729,000,000. Fiscal year 2028: (A) New budget authority, $132,003,000,000. (B) Outlays, $131,492,000,000. Fiscal year 2029: (A) New budget authority, $134,674,000,000. (B) Outlays, $132,652,000,000. Fiscal year 2030: (A) New budget authority, $137,812,000,000. (B) Outlays, $135,558,000,000. (11) Health (550): Fiscal year 2021: (A) New budget authority, $943,093,000,000. (B) Outlays, $882,818,000,000. Fiscal year 2022: (A) New budget authority, $748,503,000,000. (B) Outlays, $797,760,000,000. Fiscal year 2023: (A) New budget authority, $713,126,000,000. (B) Outlays, $722,016,000,000. Fiscal year 2024: (A) New budget authority, $720,847,000,000. (B) Outlays, $730,335,000,000. Fiscal year 2025: (A) New budget authority, $754,383,000,000. (B) Outlays, $753,709,000,000. Fiscal year 2026: (A) New budget authority, $790,057,000,000. (B) Outlays, $785,131,000,000. Fiscal year 2027: (A) New budget authority, $825,982,000,000. (B) Outlays, $820,641,000,000. Fiscal year 2028: (A) New budget authority, $858,454,000,000. (B) Outlays, $858,986,000,000. Fiscal year 2029: (A) New budget authority, $900,409,000,000. (B) Outlays, $901,525,000,000. Fiscal year 2030: (A) New budget authority, $955,814,000,000. (B) Outlays, $946,672,000,000. (12) Medicare (570): Fiscal year 2021: (A) New budget authority, $766,853,000,000. (B) Outlays, $766,005,000,000. Fiscal year 2022: (A) New budget authority, $745,579,000,000. (B) Outlays, $745,556,000,000. Fiscal year 2023: (A) New budget authority, $838,359,000,000. (B) Outlays, $838,200,000,000. Fiscal year 2024: (A) New budget authority, $851,671,000,000. (B) Outlays, $851,452,000,000. Fiscal year 2025: (A) New budget authority, $958,756,000,000. (B) Outlays, $958,451,000,000. Fiscal year 2026: (A) New budget authority, $1,026,856,000,000. (B) Outlays, $1,026,484,000,000. Fiscal year 2027: (A) New budget authority, $1,098,460,000,000. (B) Outlays, $1,098,027,000,000. Fiscal year 2028: (A) New budget authority, $1,244,688,000,000. (B) Outlays, $1,244,201,000,000. Fiscal year 2029: (A) New budget authority, $1,184,583,000,000. (B) Outlays, $1,184,048,000,000. Fiscal year 2030: (A) New budget authority, $1,331,736,000,000. (B) Outlays, $1,331,161,000,000. (13) Income Security (600): Fiscal year 2021: (A) New budget authority, $1,845,601,000,000. (B) Outlays, $1,779,410,000,000. Fiscal year 2022: (A) New budget authority, $770,908,000,000. (B) Outlays, $805,014,000,000. Fiscal year 2023: (A) New budget authority, $619,246,000,000. (B) Outlays, $628,956,000,000. Fiscal year 2024: (A) New budget authority, $620,759,000,000. (B) Outlays, $612,726,000,000. Fiscal year 2025: (A) New budget authority, $632,210,000,000. (B) Outlays, $624,207,000,000. Fiscal year 2026: (A) New budget authority, $640,597,000,000. (B) Outlays, $638,103,000,000. Fiscal year 2027: (A) New budget authority, $633,758,000,000. (B) Outlays, $627,362,000,000. Fiscal year 2028: (A) New budget authority, $645,839,000,000. (B) Outlays, $643,707,000,000. Fiscal year 2029: (A) New budget authority, $641,962,000,000. (B) Outlays, $627,556,000,000. Fiscal year 2030: (A) New budget authority, $657,398,000,000. (B) Outlays, $648,615,000,000. (14) Social Security (650): Fiscal year 2021: (A) New budget authority, $40,594,000,000. (B) Outlays, $40,598,000,000. Fiscal year 2022: (A) New budget authority, $42,633,000,000. (B) Outlays, $42,633,000,000. Fiscal year 2023: (A) New budget authority, $45,486,000,000. (B) Outlays, $45,486,000,000. Fiscal year 2024: (A) New budget authority, $48,621,000,000. (B) Outlays, $48,621,000,000. Fiscal year 2025: (A) New budget authority, $52,151,000,000. (B) Outlays, $52,151,000,000. Fiscal year 2026: (A) New budget authority, $62,223,000,000. (B) Outlays, $62,223,000,000. Fiscal year 2027: (A) New budget authority, $68,685,000,000. (B) Outlays, $68,685,000,000. Fiscal year 2028: (A) New budget authority, $73,712,000,000. (B) Outlays, $73,712,000,000. Fiscal year 2029: (A) New budget authority, $78,912,000,000. (B) Outlays, $78,912,000,000. Fiscal year 2030: (A) New budget authority, $83,948,000,000. (B) Outlays, $83,948,000,000. (15) Veterans Benefits and Services (700): Fiscal year 2021: (A) New budget authority, $258,560,000,000. (B) Outlays, $250,738,000,000. Fiscal year 2022: (A) New budget authority, $243,210,000,000. (B) Outlays, $267,893,000,000. Fiscal year 2023: (A) New budget authority, $249,723,000,000. (B) Outlays, $251,696,000,000. Fiscal year 2024: (A) New budget authority, $256,945,000,000. (B) Outlays, $244,770,000,000. Fiscal year 2025: (A) New budget authority, $264,708,000,000. (B) Outlays, $263,284,000,000. Fiscal year 2026: (A) New budget authority, $272,216,000,000. (B) Outlays, $270,636,000,000. Fiscal year 2027: (A) New budget authority, $280,109,000,000. (B) Outlays, $278,409,000,000. Fiscal year 2028: (A) New budget authority, $288,040,000,000. (B) Outlays, $299,629,000,000. Fiscal year 2029: (A) New budget authority, $296,740,000,000. (B) Outlays, $281,467,000,000. Fiscal year 2030: (A) New budget authority, $305,496,000,000. (B) Outlays, $303,520,000,000. (16) Administration of Justice (750): Fiscal year 2021: (A) New budget authority, $72,961,000,000. (B) Outlays, $74,900,000,000. Fiscal year 2022: (A) New budget authority, $76,879,000,000. (B) Outlays, $73,320,000,000. Fiscal year 2023: (A) New budget authority, $74,336,000,000. (B) Outlays, $73,557,000,000. Fiscal year 2024: (A) New budget authority, $75,600,000,000. (B) Outlays, $75,011,000,000. Fiscal year 2025: (A) New budget authority, $76,413,000,000. (B) Outlays, $76,155,000,000. Fiscal year 2026: (A) New budget authority, $78,161,000,000. (B) Outlays, $77,827,000,000. Fiscal year 2027: (A) New budget authority, $80,010,000,000. (B) Outlays, $79,533,000,000. Fiscal year 2028: (A) New budget authority, $81,961,000,000. (B) Outlays, $80,963,000,000. Fiscal year 2029: (A) New budget authority, $83,994,000,000. (B) Outlays, $82,930,000,000. Fiscal year 2030: (A) New budget authority, $92,786,000,000. (B) Outlays, $91,769,000,000. (17) General Government (800): Fiscal year 2021: (A) New budget authority, $375,971,000,000. (B) Outlays, $376,468,000,000. Fiscal year 2022: (A) New budget authority, $24,837,000,000. (B) Outlays, $24,899,000,000. Fiscal year 2023: (A) New budget authority, $24,888,000,000. (B) Outlays, $24,787,000,000. Fiscal year 2024: (A) New budget authority, $25,205,000,000. (B) Outlays, $24,961,000,000. Fiscal year 2025: (A) New budget authority, $25,885,000,000. (B) Outlays, $25,481,000,000. Fiscal year 2026: (A) New budget authority, $26,483,000,000. (B) Outlays, $26,036,000,000. Fiscal year 2027: (A) New budget authority, $27,170,000,000. (B) Outlays, $26,711,000,000. Fiscal year 2028: (A) New budget authority, $27,869,000,000. (B) Outlays, $27,402,000,000. Fiscal year 2029: (A) New budget authority, $28,621,000,000. (B) Outlays, $28,137,000,000. Fiscal year 2030: (A) New budget authority, $29,416,000,000. (B) Outlays, $28,918,000,000. (18) Net Interest (900): Fiscal year 2021: (A) New budget authority, $365,131,000,000. (B) Outlays, $365,131,000,000. Fiscal year 2022: (A) New budget authority, $345,959,000,000. (B) Outlays, $345,959,000,000. Fiscal year 2023: (A) New budget authority, $336,379,000,000. (B) Outlays, $336,379,000,000. Fiscal year 2024: (A) New budget authority, $332,881,000,000. (B) Outlays, $332,881,000,000. Fiscal year 2025: (A) New budget authority, $341,018,000,000. (B) Outlays, $341,018,000,000. Fiscal year 2026: (A) New budget authority, $367,269,000,000. (B) Outlays, $367,269,000,000. Fiscal year 2027: (A) New budget authority, $418,442,000,000. (B) Outlays, $418,442,000,000. Fiscal year 2028: (A) New budget authority, $502,412,000,000. (B) Outlays, $502,412,000,000. Fiscal year 2029: (A) New budget authority, $605,086,000,000. (B) Outlays, $605,086,000,000. Fiscal year 2030: (A) New budget authority, $727,019,000,000. (B) Outlays, $727,019,000,000. (19) Allowances (920): Fiscal year 2021: (A) New budget authority, −$25,000,000. (B) Outlays, $0. Fiscal year 2022: (A) New budget authority, −$33,933,000,000. (B) Outlays, −$27,630,000,000. Fiscal year 2023: (A) New budget authority, −$34,686,000,000. (B) Outlays, −$31,376,000,000. Fiscal year 2024: (A) New budget authority, −$35,495,000,000. (B) Outlays, −$33,380,000,000. Fiscal year 2025: (A) New budget authority, −$36,367,000,000. (B) Outlays, −$34,806,000,000. Fiscal year 2026: (A) New budget authority, −$37,240,000,000. (B) Outlays, −$35,938,000,000. Fiscal year 2027: (A) New budget authority, −$38,152,000,000. (B) Outlays, −$36,942,000,000. Fiscal year 2028: (A) New budget authority, −$38,991,000,000. (B) Outlays, −$37,890,000,000. Fiscal year 2029: (A) New budget authority, −$39,927,000,000. (B) Outlays, −$38,847,000,000. Fiscal year 2030: (A) New budget authority, −$40,906,000,000. (B) Outlays, −$39,817,000,000. (20) Undistributed Offsetting Receipts (950): Fiscal year 2021: (A) New budget authority, −$101,066,000,000. (B) Outlays, −$101,303,000,000. Fiscal year 2022: (A) New budget authority, −$109,306,000,000. (B) Outlays, −$109,433,000,000. Fiscal year 2023: (A) New budget authority, −$108,548,000,000. (B) Outlays, −$108,423,000,000. Fiscal year 2024: (A) New budget authority, −$102,509,000,000. (B) Outlays, −$102,374,000,000. Fiscal year 2025: (A) New budget authority, −$105,714,000,000. (B) Outlays, −$112,421,000,000. Fiscal year 2026: (A) New budget authority, −$108,507,000,000. (B) Outlays, −$107,659,000,000. Fiscal year 2027: (A) New budget authority, −$111,817,000,000. (B) Outlays, −$110,312,000,000. Fiscal year 2028: (A) New budget authority, −$114,832,000,000. (B) Outlays, −$113,327,000,000. Fiscal year 2029: (A) New budget authority, −$118,974,000,000. (B) Outlays, −$117,619,000,000. Fiscal year 2030: (A) New budget authority, −$123,259,000,000. (B) Outlays, −$121,979,000,000. B Levels and amounts in the Senate 1201. Social security in the Senate (a) Social Security Revenues For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 and 642), the amounts of revenues of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2021: $898,089,000,000. Fiscal year 2022: $930,023,000,000. Fiscal year 2023: $996,745,000,000. Fiscal year 2024: $1,040,533,000,000. Fiscal year 2025: $1,085,441,000,000. Fiscal year 2026: $1,133,139,000,000. Fiscal year 2027: $1,182,469,000,000. Fiscal year 2028: $1,231,717,000,000. Fiscal year 2029: $1,279,075,000,000. Fiscal year 2030: $1,326,172,000,000. (b) Social Security Outlays For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 and 642), the amounts of outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2021: $1,101,575,000,000. Fiscal year 2022: $1,158,817,000,000. Fiscal year 2023: $1,222,448,000,000. Fiscal year 2024: $1,292,270,000,000. Fiscal year 2025: $1,365,124,000,000. Fiscal year 2026: $1,434,051,000,000. Fiscal year 2027: $1,506,794,000,000. Fiscal year 2028: $1,586,096,000,000. Fiscal year 2029: $1,666,850,000,000. Fiscal year 2030: $1,750,666,000,000. (c) Social Security Administrative Expenses In the Senate, the amounts of new budget authority and budget outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for administrative expenses are as follows: Fiscal year 2021: (A) New budget authority, $5,650,000,000. (B) Outlays, $5,665,000,000. Fiscal year 2022: (A) New budget authority, $6,345,000,000. (B) Outlays, $6,318,000,000. Fiscal year 2023: (A) New budget authority, $6,502,000,000. (B) Outlays, $6,462,000,000. Fiscal year 2024: (A) New budget authority, $6,672,000,000. (B) Outlays, $6,629,000,000. Fiscal year 2025: (A) New budget authority, $6,856,000,000. (B) Outlays, $6,808,000,000. Fiscal year 2026: (A) New budget authority, $7,048,000,000. (B) Outlays, $6,998,000,000. Fiscal year 2027: (A) New budget authority, $7,247,000,000. (B) Outlays, $7,195,000,000. Fiscal year 2028: (A) New budget authority, $7,458,000,000. (B) Outlays, $7,403,000,000. Fiscal year 2029: (A) New budget authority, $7,678,000,000. (B) Outlays, $7,621,000,000. Fiscal year 2030: (A) New budget authority, $7,908,000,000. (B) Outlays, $7,847,000,000. 1202. Postal Service discretionary administrative expenses in the Senate In the Senate, the amounts of new budget authority and budget outlays of the Postal Service for discretionary administrative expenses are as follows: Fiscal year 2021: (A) New budget authority, $267,000,000. (B) Outlays, $268,000,000. Fiscal year 2022: (A) New budget authority, $282,000,000. (B) Outlays, $282,000,000. Fiscal year 2023: (A) New budget authority, $289,000,000. (B) Outlays, $289,000,000. Fiscal year 2024: (A) New budget authority, $298,000,000. (B) Outlays, $298,000,000. Fiscal year 2025: (A) New budget authority, $308,000,000. (B) Outlays, $308,000,000. Fiscal year 2026: (A) New budget authority, $317,000,000. (B) Outlays, $317,000,000. Fiscal year 2027: (A) New budget authority, $328,000,000. (B) Outlays, $328,000,000. Fiscal year 2028: (A) New budget authority, $338,000,000. (B) Outlays, $338,000,000. Fiscal year 2029: (A) New budget authority, $350,000,000. (B) Outlays, $349,000,000. Fiscal year 2030: (A) New budget authority, $362,000,000. (B) Outlays, $361,000,000. II Reconciliation 2001. Reconciliation in the House of Representatives (a) Committee on Agriculture The Committee on Agriculture of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $16,112,000,000 for the period of fiscal years 2021 through 2030. (b) Committee on Education and Labor The Committee on Education and Labor of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $357,926,000,000 for the period of fiscal years 2021 through 2030. (c) Committee on Energy and Commerce The Committee on Energy and Commerce of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $188,498,000,000 for the period of fiscal years 2021 through 2030. (d) Committee on Financial Services The Committee on Financial Services of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $75,000,000,000 for the period of fiscal years 2021 through 2030. (e) Committee on Foreign Affairs The Committee on Foreign Affairs of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $10,000,000,000 for the period of fiscal years 2021 through 2030. (f) Committee on Natural Resources The Committee on Natural Resources of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $1,005,000,000 for the period of fiscal years 2021 through 2030. (g) Committee on Oversight and Reform The Committee on Oversight and Reform of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $350,690,000,000 for the period of fiscal years 2021 through 2030. (h) Committee on Science, Space, and Technology The Committee on Science, Space, and Technology of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $750,000,000 for the period of fiscal years 2021 through 2030. (i) Committee on Small Business The Committee on Small Business of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $50,000,000,000 for the period of fiscal years 2021 through 2030. (j) Committee on Transportation and Infrastructure The Committee on Transportation and Infrastructure of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $95,620,000,000 for the period of fiscal years 2021 through 2030. (k) Committee on Veterans’ Affairs The Committee on Veterans’ Affairs of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $17,000,000,000 for the period of fiscal years 2021 through 2030. (l) Committee on Ways and Means The Committee on Ways and Means of the House of Representatives shall submit changes in laws within its jurisdiction to increase the deficit by not more than $940,718,000,000 for the period of fiscal years 2021 through 2030. (m) Submissions In the House of Representatives, not later than February 16, 2021, the committees named in the subsections of this section shall submit their recommendations to the Committee on the Budget of the House of Representatives to carry out this section. 2002. Reconciliation in the Senate (a) Committee on Agriculture, Nutrition, and Forestry The Committee on Agriculture, Nutrition, and Forestry of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $22,717,000,000 for the period of fiscal years 2021 through 2030. (b) Committee on Banking, Housing, and Urban Affairs The Committee on Banking, Housing, and Urban Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $89,250,000,000 for the period of fiscal years 2021 through 2030. (c) Committee on Commerce, Science, and Transportation The Committee on Commerce, Science, and Transportation of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $35,903,000,000 for the period of fiscal years 2021 through 2030. (d) Committee on Environment and Public Works The Committee on Environment and Public Works of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $3,206,500,000 for the period of fiscal years 2021 through 2030. (e) Committee on Finance The Committee on Finance of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $1,296,487,000,000 for the period of fiscal years 2021 through 2030. (f) Committee on Foreign Relations The Committee on Foreign Relations of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $10,000,000,000 for the period of fiscal years 2021 through 2030. (g) Committee on Health, Education, Labor, and Pensions The Committee on Health, Education, Labor, and Pensions of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $304,956,000,000 for the period of fiscal years 2021 through 2030. (h) Committee on Homeland Security and Governmental Affairs The Committee on Homeland Security and Governmental Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $50,687,000,000 for the period of fiscal years 2021 through 2030. (i) Committee on Indian Affairs The Committee on Indian Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $8,604,000,000 for the period of fiscal years 2021 through 2030. (j) Committee on Small Business and Entrepreneurship The Committee on Small Business and Entrepreneurship of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $50,000,000,000 for the period of fiscal years 2021 through 2030. (k) Committee on Veterans’ Affairs The Committee on Veterans’ Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $17,000,000,000 for the period of fiscal years 2021 through 2030. (l) Submissions In the Senate, not later than February 16, 2021, the Committees named in the subsections of this section shall submit their recommendations to the Committee on the Budget of the Senate. Upon receiving all such recommendations, the Committee on the Budget of the Senate shall report to the Senate a reconciliation bill carrying out all such recommendations without any substantive revision. III Reserve funds 3001. Reserve fund for reconciliation legislation (a) House of Representatives (1) In general In the House of the Representatives, the chair of the Committee on the Budget may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution for any bill or joint resolution considered pursuant to section 2001 containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the budgetary effects of the legislation, if the budgetary effects of the legislation comply with the reconciliation instructions under this concurrent resolution. (2) Determination of compliance For purposes of this section, compliance with the reconciliation instructions under this concurrent resolution shall be determined by the chair of the Committee on the Budget of the House of Representatives. (3) Exception for legislation The point of order set forth in clause 10 of rule XXI of the House of Representatives shall not apply to reconciliation legislation reported by the Committee on the Budget pursuant to submissions under section 2001. (b) Senate (1) In general In the Senate, the Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for any bill or joint resolution considered pursuant to section 2002 containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the budgetary effects of the legislation, if the budgetary effects of the legislation comply with the reconciliation instructions under this concurrent resolution. (2) Determination of compliance For purposes of this section, compliance with the reconciliation instructions under this concurrent resolution shall be determined by the Chairman of the Committee on the Budget of the Senate. (3) Exceptions for legislation (A) Short-term Section 404 of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, as amended by section 3201(b)(2) of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall not apply to legislation for which the Chairman of the Committee on the Budget of the Senate has exercised the authority under paragraph (1). (B) Long-term Section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall not apply to legislation for which the Chairman of the Committee on the Budget of the Senate has exercised the authority under paragraph (1). 3002. Reserve fund for deficit-neutral legislation The chair of the Committee on the Budget of the House of Representatives may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution for one or more bills, joint resolutions, amendments, or conference reports by the amounts provided in such legislation, provided that such legislation would not increase the deficit for either of the following time periods: fiscal year 2021 to fiscal year 2025 or fiscal year 2021 to fiscal year 2030. 3003. Deficit-neutral reserve fund relating to establishing a fund to provide grants to food service and drinking establishments affected by the COVID–19 pandemic The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to establishing a fund to provide grants to food service and drinking establishments affected by the COVID–19 pandemic by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3004. Deficit-neutral reserve fund relating to preventing tax increases on small businesses during a pandemic The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to changes in Federal tax laws, which may include preventing tax increases on small businesses during any period in which a national emergency has been declared with respect to a pandemic, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3005. Deficit-neutral reserve fund relating to the authority of States and other taxing jurisdictions to tax certain income of employees working in other States or taxing jurisdictions The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to the authority of States or other taxing jurisdictions to tax certain income of employees for employment duties performed in other States or taxing jurisdictions by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3006. Deficit-neutral reserve fund relating to targeting economic impact payments to Americans who are suffering from the effects of COVID–19 The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to targeting economic impact payments to Americans who are suffering from the effects of COVID–19, including provisions to ensure upper-income taxpayers are not eligible, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3007. Deficit-neutral reserve fund relating to COVID–19 vaccine administration and a public awareness campaign The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to strengthening and improving the process of distributing COVID–19 vaccines to States, which may include supporting States in implementing a transparent and consistent vaccine administration program and bolstering States’ public awareness campaigns to increase awareness and knowledge of the safety and effectiveness of COVID–19 vaccines (particularly among vulnerable communities, including ethnic minority populations), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3008. Deficit-neutral reserve fund relating to supporting elementary and secondary schools in States with lost revenue due to the Federal moratorium on oil and natural gas leasing on public lands and offshore waters The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to supporting elementary and secondary schools in States with lost revenue due to the Federal moratorium on oil and natural gas leasing on public lands and offshore waters by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3009. Deficit-neutral reserve fund relating to strengthening the Provider Relief Fund The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to strengthening the Provider Relief Fund, which may include additional support for rural hospitals in order to preserve jobs and access to specialty services, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3010. Deficit-neutral reserve fund relating to improving services and interventions relating to sexual assault, family violence, domestic violence, dating violence, and child abuse The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving services and interventions for victims relating to sexual assault, family violence, domestic violence, dating violence, and child abuse, which may include funding for programs and grants authorized by the Violence Against Women Act and the Victims of Child Abuse Act, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3011. Deficit-neutral reserve fund relating to supporting hospitality, conventions, trade shows, entertainment, tourism, and travel and their workers The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to supporting struggling Americans in relation to their employment in hospitality, including those in the convention, trade show, entertainment, tourism, and travel industries, which may include legislation that provides relief and recovery incentives, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3012. Deficit-neutral reserve fund relating to maintaining the United States Embassy in Jerusalem, Israel The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to the United States Embassy in Jerusalem, Israel, maintaining its current location in Jerusalem and level of operations, which may include current funding levels and security, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3013. Deficit-neutral reserve fund relating to increasing the Federal minimum wage during a global pandemic The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to increasing the Federal minimum wage during a global pandemic, which may include prohibiting the rate from more than doubling to $15 per hour, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3014. Deficit-neutral reserve fund relating to funding the police The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to funding the Nation’s police through programs that are in within the jurisdiction of any committee of the Senate instructed under section 2002, which may include funding for law enforcement officer safety programs and fusion centers to protect the United States from domestic and international terrorists administered by the Department of Homeland Security, mental and behavioral health intervention programs administered by the Department of Health and Human Services, programs administered by the Department of Veterans Affairs to increase the hiring of military veterans as law enforcement officers, gang and youth violence education programs administered by the Department of Health and Human Services, and the Department of Education, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3015. Deficit-neutral reserve fund relating to providing information online regarding the expenditure of COVID–19 relief funds The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to increasing Government spending transparency, which may include requiring the President to make available online information regarding the amount of funds made available for relief from the COVID–19 pandemic that have been expended, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3016. Deficit-neutral reserve fund relating to improving the solvency of Federal trust funds The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving the solvency of major Federal trust funds, which may include developing recommendations and legislation to rescue programs that support surface transportation, health care services, and financial protection and security for individuals, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3017. Deficit-neutral reserve fund relating to Federal environmental and water policies The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal environmental and water policies, which may include ensuring the effective and efficient implementation of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.), preserving consistency and certainty in defining water features within, and exclusions from, Federal jurisdiction under that Act, or limiting or prohibiting efforts to withdraw, revoke, or amend the final rule of the Corps of Engineers and the Environmental Protection Agency entitled The Navigable Waters Protection Rule: Definition of Waters of the United States (85 Fed. Reg. 22250 (April 21, 2020)), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3018. Deficit-neutral reserve fund relating to Federal relief funds for State or local governments The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports, relating to adjustments to Federal relief funds for State or local governments within the jurisdiction of the instructed committees, which may include limitations on new or existing Federal COVID–19 relief payments to a State or locality that imposes greater limits on the content of speech, or restrictions on the religious exercise or belief, of houses of worship and faith-based organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, than on secular organizations described in that section 501(c)(3) and exempt under that section 501(a), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3019. Deficit-neutral reserve fund relating to prohibiting actions by the executive branch that would make the United States more reliant on countries with weaker environmental or labor standards for oil, gas, or hardrock mineral production The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to prohibiting actions by the executive branch that would cause the United States to import larger quantities of oil, gas, or hardrock minerals from countries that have weaker environmental or labor standards by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. 3020. Deficit-neutral reserve fund relating to expanding health savings accounts The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to expanding health savings accounts by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2021 through 2025 or the period of the total of fiscal years 2021 through 2030. IV Other matters 4001. Enforcement filing (a) In the House of Representatives In the House of Representatives, if a concurrent resolution on the budget for fiscal year 2021 is adopted without the appointment of a committee of conference on the disagreeing votes of the two Houses with respect to this concurrent resolution on the budget, for the purpose of enforcing the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq.) and applicable rules and requirements set forth in the concurrent resolution on the budget, the allocations provided for in this subsection shall apply in the House of Representatives in the same manner as if such allocations were in a joint explanatory statement accompanying a conference report on the budget for fiscal year 2021. The chair of the Committee on the Budget of the House of Representatives shall submit a statement for publication in the Congressional Record containing— (1) for the Committee on Appropriations, committee allocations for fiscal year 2021 consistent with title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ); and (2) for all committees other than the Committee on Appropriations, committee allocations consistent with title I for fiscal year 2021 and for the period of fiscal years 2021 through 2030 for the purpose of enforcing 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ). (b) In the Senate If this concurrent resolution on the budget is agreed to by the Senate and House of Representatives without the appointment of a committee of conference on the disagreeing votes of the two Houses, the Chairman of the Committee on the Budget of the Senate may submit a statement for publication in the Congressional Record containing— (1) for the Committee on Appropriations, committee allocations for fiscal year 2021 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ); and (2) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2021, 2021 through 2025, and 2021 through 2030 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ). 4002. Budgetary treatment of administrative expenses (a) In general Notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a)(1) ), section 13301 of the Budget Enforcement Act of 1990 ( 2 U.S.C. 632 note), and section 2009a of title 39, United States Code, the report or the joint explanatory statement, as applicable, accompanying this concurrent resolution on the budget shall include in an allocation under section 302(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a) ) to the Committee on Appropriations of the applicable House of Congress amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service. (b) Special rule In the House of Representatives and the Senate, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(f) ), estimates of the level of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in subsection (a). 4003. Application and effect of changes in allocations, aggregates, and other budgetary levels (a) Application Any adjustments of allocations, aggregates, and other budgetary levels made pursuant to this concurrent resolution shall— (1) apply while that measure is under consideration; (2) take effect upon the enactment of that measure; and (3) be published in the Congressional Record as soon as practicable. (b) Effect of changed allocations, aggregates, and other budgetary levels Revised allocations, aggregates, and other budgetary levels resulting from these adjustments shall be considered for the purposes of the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq.) as the allocations, aggregates, and other budgetary levels contained in this concurrent resolution. (c) Budget committee determinations For purposes of this concurrent resolution, the levels of new budget authority, outlays, direct spending, new entitlement authority, revenues, deficits, and surpluses for a fiscal year or period of fiscal years shall be determined on the basis of estimates made by the chair of the Committee on the Budget of the applicable House of Congress. 4004. Adjustments to reflect changes in concepts and definitions (a) House of Representatives In the House of Representatives, the chair of the Committee on the Budget may adjust the appropriate aggregates, allocations, and other budgetary levels in this concurrent resolution for any change in budgetary concepts and definitions consistent with section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(1) ). (b) Senate Upon the enactment of a bill or joint resolution providing for a change in concepts or definitions, the Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this resolution in accordance with section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) ). 4005. Adjustment for changes in the baseline The chair of the Committee on the Budget of the House of Representatives and the Chairman of the Committee on the Budget of the Senate may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution to reflect changes resulting from the Congressional Budget Office’s updates to its baseline for fiscal years 2021 through 2030. 4006. Limitation on advance appropriations Notwithstanding subsection (d) of section 203 of the Bipartisan Budget Act of 2019 ( Public Law 116–37 ; 133 Stat. 1052), such section 203 shall continue to have force and effect in the House of Representatives during fiscal year 2021. 4007. Repeal of supermajority enforcement requirement Section 3203 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, is repealed. 4008. Exercise of rulemaking powers Congress adopts the provisions of this title— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with full recognition of the constitutional right of either the Senate or the House of Representatives to change those rules (insofar as they relate to that House) at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate or House of Representatives.
Secretary of the Senate Clerk of the House of Representatives | https://www.govinfo.gov/content/pkg/BILLS-117sconres5enr/xml/BILLS-117sconres5enr.xml |
117-sconres-6 | III 117th CONGRESS 1st Session S. CON. RES. 6 IN THE SENATE OF THE UNITED STATES February 25, 2021 Mr. Booker (for himself, Mr. Markey , Mr. Blumenthal , Mr. Brown , Ms. Warren , Mr. Coons , Mr. Menendez , Mr. Merkley , Mr. Sanders , Mr. Whitehouse , Ms. Duckworth , Ms. Klobuchar , Mr. Durbin , and Mr. Padilla ) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Urging the establishment of a United States Commission on Truth, Racial Healing, and Transformation.
Whereas the first ship carrying enslaved Africans to what is now known as the United States of America arrived in 1619; Whereas that event 400 years ago was significant not only because it ushered in the institution of chattel slavery of African Americans, but also because it facilitated the systematic oppression of all people of color that has been a devastating and insufficiently understood and acknowledged aspect of our Nation's history over those past 400 years, and that has left a legacy of that oppression that haunts our Nation to this day; Whereas the institution of chattel slavery in the United States subjugated African Americans for nearly 250 years, fractured our Nation, and made a mockery of its founding principle that all men are created equal ; Whereas the signing of the Constitution of the United States failed to end slavery and oppressions against African Americans and other people of color, thus embedding in society the belief in the myth of a hierarchy of human value based on superficial physical characteristics such as skin color and facial features, and resulting in purposeful and persistent racial inequities in education, health care, employment, Social Security and veteran benefits, land ownership, financial assistance, food security, wages, voting rights, and the justice system; Whereas that oppression denied opportunity and mobility to African Americans and other people of color within the United States, resulting in stolen labor worth billions of dollars while ultimately forestalling landmark contributions that African Americans and other people of color would make in science, arts, commerce, and public service; Whereas Reconstruction represented a significant but constrained moment of advances for Black rights as epitomized by the Freedman’s Bureau, which negotiated labor contracts for ex-enslaved people but failed to secure their own land for them; Whereas the brutal overthrow of Reconstruction failed all individuals in the United States by failing to ensure the safety and security of African Americans and by emboldening States and municipalities in both the North and South to enact numerous laws and policies to stymie the socioeconomic mobility and political voice of freed Blacks, thus maintaining their subservience to Whites; Whereas Reconstruction, the civil rights movement, and other efforts to redress the grievances of marginalized people were sabotaged, both intentionally and unintentionally, by those in power, thus rendering the accomplishments of those efforts transitory and unsustainable, and further embedding the racial hierarchy in society; Whereas examples of government actions directed against populations of color (referred to in this resolution as discriminatory government actions ) include— (1) the creation of the Federal Housing Administration, which adopted specific policies designed to incentivize residential segregation; (2) the enactment of legislation creating the Social Security program, for which most African Americans were purposely rendered ineligible during its first 2 decades; (3) the Servicemen's Readjustment Act of 1944 (commonly known as the G.I. Bill of Rights ; 58 Stat. 284, chapter 268), which left administration of its programs to the States, thus enabling blatant discrimination against African-American veterans; (4) the Fair Labor Standards Act of 1938, which allowed labor unions to discriminate based on race; (5) subprime lending aimed purposefully at families of color; (6) disenfranchisement of Native Americans, who, until 1924, were denied citizenship on land Native Americans had occupied for millennia; (7) Federal Indian Boarding School policy during the 19th and 20th centuries, the purpose of which was to civilize Native children through methods intended to eradicate Native cultures, traditions, and languages; (8) land policies toward Indian Tribes, such as the allotment policy, which caused the loss of over 90,000,000 acres of Tribal lands, even though two-thirds of that acreage was guaranteed to Indian Tribes by treaties and other Federal laws, and similar unjustified land grabs from Indian Tribes that occurred regionally throughout the late 1800s and into the termination era in the 1950s and 1960s; (9) the involuntary removal of Mexicans and United States citizens of Mexican descent through large-scale discriminatory deportation programs in the 1930s and 1950s; (10) the United States annexation of Puerto Rico, which made Puerto Ricans citizens of the United States without affording them voting rights; (11) racial discrimination against Latino Americans, which has forced Latino Americans to fight continuously for equal access to employment, housing, health care, financial services, and education; (12) the Act entitled An Act to execute certain treaty stipulations relating to Chinese , approved May 6, 1892 (commonly known as the Chinese Exclusion Act ; 22 Stat. 58, chapter 126), which effectively halted immigration from China and barred Chinese immigrants from becoming citizens of the United States, and which was the first instance of xenophobic legislation signed into law specifically targeting a specific group of people based on ethnicity; (13) the treatment of Japanese Americans, despite no evidence of disloyalty, as suspect and traitorous in the very country they helped to build, leading most notably to the mass incarceration of Japanese Americans beginning in 1942; (14) the conspiracy to overthrow the Kingdom of Hawaii and annex the land of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii; and (15) the United States history of colonialism in the Pacific, which has resulted in economic, health, and educational disparities among other inequities, for people in United States territories, as well as independent nations with which the United States has treaty obligations; Whereas those discriminatory government actions, among other government policies that have had racially disparate impacts, have disproportionately barred African Americans and other people of color from building wealth, thus limiting potential capital and exacerbating the racial wealth gap; Whereas research has shown that the persistent racial wealth gap has had a significant negative impact on other racial disparities, such as the achievement gap, disparities in school dropout rates, income gaps, disparities in home ownership rates, health outcome disparities, and disparities in incarceration rates; Whereas United States civic leaders and foundations have spearheaded critical efforts to advance racial healing, understanding, and transformation within the United States, recognizing that it is in our collective national interest to urgently address the unhealed, entrenched divisions that will severely undermine our democracy if they are allowed to continue to exist; Whereas many of the most far-reaching victories for racial healing in the United States have been greatly enhanced by the involvement, support, and dedication of individuals from any and all racial groups; Whereas at the same time, much of the progress toward racial healing and racial equity in the United States has been limited or reversed by our failure to address the root cause of racism, the belief in the myth of a hierarchy of human value based on superficial physical characteristics such as skin color and facial features; Whereas the United States institution of slavery, as well as other examples enumerated in this resolution, represent intentional and blatant violations of the most basic right of every individual in the United States to a free and decent life; Whereas the consequences of oppression against people of color have cascaded for centuries, across generations, beyond the era of active enslavement, imperiling for descendants of slaves and other targets of oppression what should have otherwise been the right of every individual in the United States to life, liberty, and the pursuit of happiness; Whereas more than 40 countries have reckoned with historical injustice and its aftermath through forming Truth and Reconciliation Commissions to move toward restorative justice and to return dignity to their citizens; Whereas for 3 decades there has been a growing movement inside and outside Congress to have the Federal Government develop material remedies for the institution of slavery, including through a Commission to Study and Develop Reparation Proposals for African Americans described in H.R. 40, 117th Congress, as introduced on January 4, 2021, and S. 40, 117th Congress, as introduced on January 25, 2021; Whereas the formation of a United States Commission on Truth, Racial Healing, and Transformation does not supplant the formation of a Commission to Study and Develop Reparation Proposals for African Americans, but rather complements that effort; and Whereas contemporary social science, medical science, and the rapidly expanding use of artificial intelligence and social media reveal the costs and potential threats to our democracy if we continue to allow unhealed, entrenched divisions to be ignored and exploited: Now, therefore, be it
That Congress— (1) affirms, on the 400th anniversary of the arrival of the first slave ship to the United States, that the Nation owes a long-overdue debt of remembrance to not only those who lived through the egregious injustices enumerated in this resolution, but also to their descendants; and (2) urges the establishment of a United States Commission on Truth, Racial Healing, and Transformation to properly acknowledge, memorialize, and be a catalyst for progress toward— (A) jettisoning the belief in a hierarchy of human value; (B) embracing our common humanity; and (C) permanently eliminating persistent racial inequities. | https://www.govinfo.gov/content/pkg/BILLS-117sconres6is/xml/BILLS-117sconres6is.xml |
117-sconres-7 | III 117th CONGRESS 1st Session S. CON. RES. 7 IN THE SENATE OF THE UNITED STATES March 1, 2021 Ms. Klobuchar (for herself, Mrs. Shaheen , Mr. Casey , Mr. Heinrich , Mr. Blumenthal , Ms. Smith , Mr. Van Hollen , Mrs. Feinstein , Mr. Menendez , Mr. Wyden , Mr. Kaine , Mr. Cardin , Mr. Reed , Mr. Luján , Mr. Carper , Mr. Bennet , Mr. Schatz , Mr. King , Ms. Cantwell , Ms. Duckworth , Mr. Warnock , Mr. Warner , Mr. Coons , Mrs. Gillibrand , Mr. Whitehouse , Mr. Booker , Mr. Merkley , Mr. Durbin , Mr. Kelly , Mr. Murphy , Mr. Peters , Mr. Brown , Mr. Padilla , Mr. Leahy , Ms. Cortez Masto , Ms. Hirono , Ms. Hassan , Ms. Rosen , and Mr. Ossoff ) submitted the following concurrent resolution; which was referred to the Committee on Rules and Administration CONCURRENT RESOLUTION Recognizing the heroism of United States Capitol personnel and journalists during the insurrectionist attack on the United States Capitol on January 6, 2021.
Whereas January 6, 2021, the day during which insurrectionists stormed the United States Capitol (referred to in this preamble as the Capitol ) as Members of Congress convened in a joint session to receive the votes of the Electoral College, will forever be remembered as an assault on democracy; Whereas many agencies, including the United States Capitol Police, the Metropolitan Police Department of the District of Columbia, neighboring local law enforcement agencies, and multiple Federal agencies, responded to the Capitol and bravely engaged the attackers; Whereas, despite the attack on the Capitol, Members of Congress later returned to the task of receiving the votes of the Electoral College for President and Vice President, thereby ensuring that democracy would prevail that day; Whereas Members of Congress, congressional staff, Capitol personnel, and members of the media— (1) were at work inside the Capitol as it was attacked; and (2) shared the experience of fearing for their safety as thousands of rioters surrounded and occupied areas of the Capitol complex, including the Rotunda, Statuary Hall, and the Senate Chamber; Whereas the staff of the Parliamentarian of the Senate acted quickly and selflessly to preserve the electoral vote certifications from theft or destruction by those attempting to prevent Congress from carrying out the constitutional duty of Congress to receive the votes of the Electoral College; Whereas members of the Capitol custodial staff and Restaurant Associates staff have bravely shown up to work, and maintained the standard of excellence set by such staff, during a dangerous pandemic, continuing to provide essential services to the congressional community; Whereas the dedicated staff of the Architect of the Capitol, who care for and maintain the Capitol, immediately began working to repair the parts of the Capitol that were damaged and vandalized during this tragic event; Whereas the people of the United States have already taken notice of the incredible and diligent work done by Capitol personnel to care for and repair the building in the wake of the January 6 attack, including by sending thank you notes to the Capitol custodial staff; Whereas journalists continued to report to the world what was happening even as those journalists were threatened, chased, surrounded, subjected to physical violence, forced to shelter in place for hours, and had their equipment stolen and destroyed by rioters; Whereas several members of the media were physically assaulted during the attack on the Capitol, including a photojournalist who, once the press credentials of the photojournalist were noticed by attackers, was thrown to the floor, causing the photojournalist to fear for her life; and Whereas, due to the work of journalists who persisted in covering and documenting the events of the day despite the danger those journalists faced, the whole story of January 6 will be known: Now, therefore, be it
That the Senate— (1) commends the service and professionalism of the personnel of the United States Capitol who, under extraordinarily difficult circumstances, ensured Congress was able to continue to operate and fulfill the constitutional obligations of Congress; and (2) expresses appreciation for, and solidarity with, the women and men of the news media reporting on the work of Congress, even at risk to their own personal safety. | https://www.govinfo.gov/content/pkg/BILLS-117sconres7is/xml/BILLS-117sconres7is.xml |
117-sconres-8 | III 117th CONGRESS 1st Session S. CON. RES. 8 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Merkley (for himself, Mr. Booker , Mr. Markey , Mr. Van Hollen , Mr. Whitehouse , Mr. Wyden , Mr. Padilla , Ms. Warren , Mrs. Murray , and Mr. Sanders ) submitted the following concurrent resolution; which was referred to the Committee on Environment and Public Works CONCURRENT RESOLUTION Recognizing that the climate crisis is disproportionately affecting the health, economic opportunity, and fundamental rights of children, expressing the sense of Congress that renewed leadership by the United States is needed to address the climate crisis, and recognizing the need of the United States to develop a national, comprehensive, and science-based climate recovery plan to phase out fossil fuel emissions, protect and enhance natural sequestration, and put the United States on a path toward stabilizing the climate system.
Whereas a stable climate system at the founding of the United States allowed human life and human civilization to flourish; Whereas the United States was founded on the deeply rooted principle of securing the Blessings of Liberty to ourselves and our Posterity ; Whereas the Constitution of the United States protects the fundamental rights to life, liberty, property, and equal protection of the laws; Whereas a climate system capable of sustaining human life— (1) is fundamental to a free and ordered society; and (2) is preservative of fundamental rights, including the rights to life, liberty, property, personal security, family autonomy, bodily integrity, and the ability to learn, practice, and transmit cultural and religious traditions; Whereas the Federal Government sets the energy policy of the United States, which has resulted in a national energy system in which approximately 80 percent of the energy in the United States comes from fossil fuels; Whereas the national fossil fuel-based energy system has led to carbon dioxide emissions from the United States constituting more than ¼ of cumulative global carbon dioxide emissions; Whereas the United States is the largest producer of oil and gas in the world, due in substantial part to the Federal Government— (1) opening up Federal public land and water for fossil fuel extraction; and (2) actively supporting fossil fuel energy; Whereas there is an overwhelming scientific consensus that— (1) human-caused climate change is occurring; and (2) the rate of global heating and ocean acidification as of April 2021 is a result of the buildup of atmospheric greenhouse gas emissions, primarily carbon dioxide emissions, largely from the combustion of fossil fuels; Whereas atmospheric carbon dioxide levels of over 400 parts per million as of April 2021 have caused a dangerous planetary energy imbalance, equivalent to the quantity of energy of exploding more than 400,000 atomic bombs of the kind dropped on Hiroshima, Japan, per day, 365 days per year, across the planet; Whereas the latest climate science and real-world observations of that energy imbalance demonstrate that the approximately 1 degree Celsius of warming that has already occurred as a result of human-caused climate change is already dangerous and negatively affecting all aspects of society and the economy of the United States; Whereas the last time that atmospheric concentrations of carbon dioxide were over 400 parts per million— (1) the seas were 70 to 90 feet higher; (2) Greenland had no ice; and (3) coral reefs suffered a major extinction; Whereas similar conditions will result if the United States does not drastically reduce carbon dioxide emissions and naturally sequester excess concentrations of atmospheric carbon dioxide during the 21st century; Whereas climate change is a threat to national security, as climate change contributes to and exacerbates global instability and conflict; Whereas the generation of today’s children was born into a climate system made hazardous to their health and well-being because of human-caused climate change; Whereas children are uniquely vulnerable to human-caused climate change because of their developing bodies, higher exposure to air, food, and water per unit of body weight, unique behavior patterns, dependence on caregivers, and longevity on the planet; Whereas human-caused climate change is a public health emergency that is adversely impacting the physical and mental health of children through— (1) extreme weather events; (2) rising temperatures and increased heat exposure; (3) decreased air quality; (4) altered infectious disease patterns; (5) food and water insecurity; and (6) other effects; Whereas the best scientific information available projects a 15- to 30-foot rise in sea level by the year 2100 if current trends continue, with ever greater rises and acceleration in subsequent centuries, resulting in increased erosion and the loss of land, causing the loss of communities, homes, infrastructure, agriculture, and coastal ecosystems for children affected, until such time as levels of carbon dioxide in the atmosphere are dramatically reduced and steps are taken to cool the upper portion of the ocean; Whereas infant mortality increases 25 percent on extremely hot days, with the first 7 days of life representing a period of critical vulnerability; Whereas heat illness is a leading cause of death and illness in high school athletes, with nearly 10,000 episodes of heat illness occurring annually; Whereas 8.4 percent of children suffer from allergic rhinitis, and the ragweed pollen season in North America has grown 13 to 27 days longer since 1995 due to higher temperatures and greater atmospheric carbon dioxide levels; Whereas children are especially susceptible to air pollution given their developing lungs, higher ventilation rate, and higher levels of physical activity; Whereas children exposed to smoke from wildfires, which have increased in frequency and severity due to rising temperatures and droughts, suffer substantial— (1) eye symptoms; and (2) upper and lower respiratory symptoms that lead to increased rates of asthma-related hospitalizations and emergency room visits; Whereas long-term exposure to fine particulate matter, including from sources of air pollution and smoke from wildfires, is associated with higher COVID–19 mortality rates; Whereas extreme weather events can negatively impact the mental health of children due to— (1) family loss or separation; (2) school interruption; (3) scarcities of food, water, and shelter; and (4) public service outages; Whereas, without immediate steps to address human-caused climate change, the health effects of climate change on children will— (1) increase in severity and in terms of the number of children impacted; and (2) cost the United States billions of dollars per year by the end of the 21st century; Whereas children will largely shoulder the costs of human-caused climate change; Whereas further increases in global temperature will saddle children with an enormous, perhaps incalculable, cost burden, undermining their economic security and the economic security of the United States; Whereas children are deserving of special consideration and protection with respect to human-caused climate change; Whereas children on the frontlines of human-caused climate change across the United States and globally have risen up and called upon government leaders around the world to take concrete, science-based, and equitable action— (1) to address human-caused climate change; and (2) to ensure environmental and climate justice for their generation and future generations, including children from vulnerable communities that have borne the brunt of climate change; Whereas children within environmental justice communities, including communities of color, low-income communities, and indigenous communities, that have contributed the least to emissions— (1) have long suffered from systemic environmental racism and social and economic injustices; (2) are disproportionately burdened by adverse health or environmental effects; and (3) are subjected to disproportionate energy burdens; Whereas members and children from frontline and environmental justice communities, who are more likely to reside in areas with greater exposure to air pollution, are disproportionately impacted by the COVID–19 pandemic; Whereas global atmospheric carbon dioxide concentrations must be reduced to less than 350 parts per million by the end of the 21st century, with further reductions thereafter, to restore the energy balance of the planet, stabilize the climate system, and protect the ice sheets and oceans for posterity; Whereas existing and future adverse public health and other impacts and costs to children and the United States can be significantly mitigated if the United States acts promptly to reduce emissions from fossil fuels in the United States; Whereas numerous experts have concluded that there are multiple technically and economically feasible pathways to place all sectors of the economy of the United States on an emissions-reduction path consistent with returning global atmospheric carbon dioxide to 350 parts per million by 2100; Whereas producing energy in the United States with non-carbon emitting sources will result in energy costs within the range of recent experience, ultimately saving consumers money and stabilizing the cost of energy, while increasing the number of jobs in the energy sector; and Whereas multiple Federal departments and agencies can exercise authority delegated by Congress to prevent and respond to climate change, including— (1) the Department of Energy; (2) the Department of the Interior; (3) the Department of Agriculture; (4) the Environmental Protection Agency; (5) the Department of Commerce; and (6) the Department of State: Now, therefore, be it
That it is the sense of Congress that— (1) renewed leadership by the United States is needed immediately to address the human-caused climate crisis that is disproportionately affecting the health, economic opportunity, and fundamental rights of the children of the United States; and (2) there is an urgent human-caused climate crisis that— (A) has inspired children across the United States to organize and demand immediate government action to protect their fundamental rights from the perils of climate change; and (B) demands a national, comprehensive, science-based, and just climate recovery plan that— (i) is prepared by Federal departments and agencies pursuant to delegated authority over energy and climate policy; and (ii) upholds the fundamental rights of children and puts the United States on a trajectory consistent with reducing global atmospheric carbon dioxide to less than 350 parts per million by 2100. | https://www.govinfo.gov/content/pkg/BILLS-117sconres8is/xml/BILLS-117sconres8is.xml |
117-sconres-9 | III 117th CONGRESS 1st Session S. CON. RES. 9 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Heinrich (for himself, Mr. Barrasso , Ms. Hassan , Mr. Tester , Mr. Daines , Mrs. Shaheen , Ms. Ernst , and Mr. Crapo ) submitted the following concurrent resolution; which was referred to the Committee on Commerce, Science, and Transportation CONCURRENT RESOLUTION Supporting the Local Radio Freedom Act.
Whereas the United States enjoys broadcasting and sound recording industries that are the envy of the world due to the symbiotic relationship that has existed among these industries for many decades; Whereas, for nearly a century, Congress has rejected repeated calls by the recording industry to impose a performance fee on local radio stations for simply playing music on the radio, as such a fee would upset the mutually beneficial relationship between local radio and the recording industry; Whereas local radio stations provide free publicity and promotion to the recording industry and performers of music in the form of radio airplay, interviews with performers, introduction of new performers, concert promotions, and publicity that promotes the sale of music, concert tickets, ring tones, music videos, and associated merchandise; Whereas committees in the Senate and the House of Representatives have previously reported that “the sale of many sound recordings and the careers of many performers have benefitted considerably from airplay and other promotional activities provided by both noncommercial and advertiser-supported, free over-the-air broadcasting”; Whereas local radio broadcasters provide tens of thousands of hours of essential local news and weather information during times of national emergencies and natural disasters, as well as public affairs programming, sports, and hundreds of millions of dollars worth of time for public service announcements and local fund raising efforts for worthy charitable causes, all of which are jeopardized if local radio stations are forced to divert revenues to pay for a new performance fee; Whereas there are many thousands of local radio stations that will suffer severe economic hardship if any new performance fee is imposed, as will many other small businesses that play music, including bars, restaurants, retail establishments, sports and other entertainment venues, shopping centers, and transportation facilities; and Whereas the hardship that would result from a new performance fee would hurt businesses in the United States and ultimately the consumers in the United States who rely on local radio for news, weather, and entertainment, and such a performance fee is not justified when the current system has produced the most prolific and innovative broadcasting, music, and sound recording industries in the world: Now, therefore, be it
That Congress should not impose any new performance fee, tax, royalty, or other charge— (1) relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over the air; or (2) on any business for the public performance of sound recordings on a local radio station broadcast over the air. | https://www.govinfo.gov/content/pkg/BILLS-117sconres9is/xml/BILLS-117sconres9is.xml |
117-sconres-10 | III 117th CONGRESS 1st Session S. CON. RES. 10 IN THE SENATE OF THE UNITED STATES June 24, 2021 Ms. Stabenow (for herself, Mr. Crapo , Mr. Casey , Mr. Risch , Mr. Cardin , Mr. Blunt , Ms. Smith , Mr. Young , Ms. Klobuchar , Mr. Thune , Mr. Peters , Mr. Lankford , Ms. Baldwin , Mr. Portman , Mr. Merkley , Mr. Scott of South Carolina , Mr. Brown , Mr. Daines , Mr. Manchin , and Mr. Toomey ) submitted the following concurrent resolution; which was referred to the Committee on Finance CONCURRENT RESOLUTION Expressing the sense of Congress that tax-exempt fraternal benefit societies have historically provided and continue to provide critical benefits to the people and communities of the United States.
Whereas the fraternal benefit societies of the United States are longstanding mutual aid organizations created more than a century ago to serve the needs of communities and provide for the payment of life, health, accident, and other benefits to their members; Whereas fraternal benefit societies represent a successful, modern-day model under which individuals come together with a common purpose to collectively provide charitable and other beneficial activities for society; Whereas fraternal benefit societies operate under a chapter system, creating a nationwide infrastructure, combined with local energy and knowledge, which positions fraternal benefit societies to most efficiently address unmet needs in communities, many of which the government cannot address; Whereas the fraternal benefit society model represents one of the largest member-volunteer networks in the United States, with approximately 8,000,000 people of the United States belonging to more than 25,000 local chapters across the country; Whereas research has shown that the value of the work of fraternal benefit societies to society is more than $3,800,000,000 per year, accounting for charitable giving, educational programs, and volunteer activities, as well as important social capital that strengthens the fabric, safety, and quality of life in thousands of local communities in the United States; Whereas, in 1909, Congress recognized the value of fraternal benefit societies and exempted those organizations from taxation, as later codified in section 501(c)(8) of the Internal Revenue Code of 1986; Whereas fraternal benefit societies have adapted since 1909 to better serve the evolving needs of their members and the public; Whereas the efforts of fraternal benefit societies to help people of the United States save money and be financially secure relieves pressure on government safety net programs; and Whereas Congress recognizes that fraternal benefit societies have served their original purpose for more than a century, helping countless individuals, families, and communities through fraternal member activities: Now, therefore, be it
That it is the sense of Congress that— (1) the fraternal benefit society model is a successful private sector economic and social support system that helps meet needs that would otherwise go unmet; (2) the provision of payment for life, health, accident, or other benefits to the members of fraternal benefit societies in accordance with section 501(c)(8) of the Internal Revenue Code of 1986 is necessary to support the charitable and fraternal activities of the volunteer chapters within the communities of fraternal benefit societies; (3) fraternal benefit societies have adapted since 1909 to better serve their members and the public; and (4) the exemption from taxation under section 501(c)(8) of the Internal Revenue Code of 1986 of fraternal benefit societies continues to generate significant returns to the United States, and the work of fraternal benefit societies should continue to be promoted. | https://www.govinfo.gov/content/pkg/BILLS-117sconres10is/xml/BILLS-117sconres10is.xml |
117-sconres-11 | III 117th CONGRESS 1st Session S. CON. RES. 11 IN THE SENATE OF THE UNITED STATES July 29, 2021 Ms. Sinema (for herself, Ms. Ernst , Mr. Kelly , Mr. King , Mr. Daines , Mr. Braun , and Ms. Rosen ) submitted the following concurrent resolution; which was referred to the Committee on the Budget CONCURRENT RESOLUTION Providing for an annual joint hearing of the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives to receive a presentation from the Comptroller General of the United States regarding the audited financial statement of the executive branch.
1. Short title This resolution may be cited as the Fiscal State of the Nation Resolution . 2. Annual joint hearing of Budget Committees to receive a presentation by the Comptroller General (a) In general Not later than 45 days (excluding Saturdays, Sundays, and holidays) after the date on which the Secretary of the Treasury submits to Congress the audited financial statement required under paragraph (1) of section 331(e) of title 31, United States Code, on a date agreed upon by the chairmen of the Budget Committees and the Comptroller General of the United States, the chairmen shall conduct a joint hearing to receive a presentation from the Comptroller General— (1) reviewing the findings of the audit required under paragraph (2) of such section; and (2) providing, with respect to the information included by the Secretary in the report accompanying such audited financial statement, an analysis of the financial position and condition of the Federal Government, including financial measures (such as the net operating cost, income, budget deficits, or budget surpluses) and sustainability measures (such as the long-term fiscal projection or social insurance projection) described in such report. (b) Presentation of statement in accordance with GAO Strategies and Means The Comptroller General of the United States shall ensure that the presentation at each joint hearing conducted under subsection (a) is made in accordance with the Strategies and Means of the Government Accountability Office, to ensure that the presentation will provide professional, objective, fact-based, nonpartisan, nonideological, fair, and balanced information to the Members attending the hearing. (c) Rules applicable to hearing (1) In general Each joint hearing conducted by the chairmen of the Budget Committees under subsection (a) shall be conducted in accordance with Standing Rules of the Senate and the Rules of the House of Representatives which apply to such a hearing, including the provisions requiring hearings conducted by committees to be open to the public, including to radio, television, and still photography coverage. (2) Permitting participation by Senators and Members not serving on Budget Committees Notwithstanding any provision of the Standing Rules of the Senate or the Rules of the House of Representatives, any Senator and any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) may participate in a joint hearing under subsection (a) in the same manner and to the same extent as a Senator or Member of the House of Representatives who is a member of either of the Budget Committees. (d) Definition In this section, the term Budget Committees means the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives. (e) Effective date The requirement under subsection (a) shall apply with respect to any audited financial statement under section 331(e)(1) of title 31, United States Code, submitted on or after the date of adoption of this resolution. | https://www.govinfo.gov/content/pkg/BILLS-117sconres11is/xml/BILLS-117sconres11is.xml |
117-sconres-12 | III 117th CONGRESS 1st Session S. CON. RES. 12 IN THE SENATE OF THE UNITED STATES August 3, 2021 Mr. Warnock (for himself, Ms. Baldwin , Mr. Blumenthal , Mr. Booker , Mr. Brown , Mr. Cardin , Ms. Duckworth , Mr. Durbin , Mrs. Feinstein , Mrs. Gillibrand , Ms. Hirono , Ms. Klobuchar , Mr. Menendez , Mrs. Murray , Mr. Ossoff , Mr. Padilla , Ms. Smith , Mr. Van Hollen , Ms. Warren , Mr. Wyden , Mr. Kaine , and Mr. Bennet ) submitted the following concurrent resolution; which was referred to the Committee on Health, Education, Labor, and Pensions CONCURRENT RESOLUTION Recognizing the significance of equal pay and the disparity in wages paid to men and to Black women.
Whereas August 3, 2021, is Black Women’s Equal Pay Day, which marks the day that symbolizes how long into 2021 Black women must work to make what White, non-Hispanic men were paid in 2020; Whereas section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ) prohibits discrimination in compensation for equal work on the basis of sex; Whereas title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) prohibits discrimination in compensation because of race, color, religion, national origin, or sex; Whereas, despite the passage of the Equal Pay Act of 1963 ( 29 U.S.C. 206 note) 5 decades ago, which requires that men and women in the same workplace be given equal pay for equal work, Census Bureau data show that Black women working full time, year round, are paid 63 cents for every dollar paid to White, non-Hispanic men; Whereas, if the current trends continue, on average, Black women will have to wait 100 years to achieve equal pay; Whereas the median annual pay for a Black woman in the United States working full time, year round, is $41,098, which means that, on average, Black women lose nearly $964,400 in potential earnings to the wage gap over the course of a 40-year career; Whereas lost wages mean Black women have less money to support themselves and their families, save and invest for the future, and spend on goods and services, causing businesses and the economy to suffer as a result; Whereas Black women’s median earnings are less than men’s at every level of academic achievement; Whereas, in the United States, more than 80 percent of Black mothers are key breadwinners or co-breadwinners for their families, but Black mothers working full time are paid only 52 percent as much as fathers; Whereas the lack of access to affordable, quality childcare, paid family and medical leave, paid sick leave, and other family-friendly workplace policies contributes to the wage gap by forcing many Black women to choose between their paycheck or job and getting quality care for themselves or their family members; Whereas, if the wage gap were eliminated, on average, a Black woman working full time would have enough money for approximately 2.5 additional years of tuition and fees for a 4-year public university, the full cost of tuition and fees for a 2-year community college, more than 16 additional months of premiums for employer-based health insurance, 153 weeks of food for her family, 15 additional months of mortgage and utilities payments, 22 more months of rent, nearly 20 additional years of birth control, or enough money to pay off student loan debt in just over 1 year; Whereas 25 to 85 percent of women have been sexually harassed at the workplace, and research has found that only a small number of women who experience harassment, about 1 in 10, formally report incidents for reasons including lack of access to the complaints processes and fear of retaliation; Whereas workplace harassment forces many women to leave their occupation or industry; Whereas targets of harassment were 6.5 times as likely as nontargets to change jobs or pass up opportunities for advancement, contributing to the gender wage gap; Whereas Black women were the most likely of all racial and ethnic groups to have filed a sexual harassment charge; Whereas nearly two-thirds of workers paid the minimum wage or less are women, and there is an overrepresentation of women of color in low-wage and tipped occupations; Whereas more than 62 percent of women working in the private sector reported that they were either discouraged or prohibited from discussing wage and salary information, which can hide pay discrimination and prevent remedies; Whereas the pay disparity Black women face is part of a wider set of disparities Black women face in home ownership, unemployment, poverty, access to childcare, and the ability to accumulate wealth; Whereas the gender wage gap for Black women has only narrowed by 3 cents in the last 3 decades; Whereas true pay equity requires a multifaceted strategy that addresses the gendered and racial injustices that Black women face daily; Whereas the pandemic has disproportionately economically impacted Black women; and Whereas many national organizations have designated August 3, 2021, as Black Women’s Equal Pay Day to represent the additional time that women must work to compensate for the lower wages paid to Black women last year: Now, therefore, be it
That Congress— (1) recognizes the disparity in wages paid to Black women and its impact on women, families, and the United States; and (2) reaffirms its support for ensuring equal pay for equal work and narrowing the gender wage gap. | https://www.govinfo.gov/content/pkg/BILLS-117sconres12is/xml/BILLS-117sconres12is.xml |
117-sconres-13 | III Calendar No. 118 117th CONGRESS 1st Session S. CON. RES. 13 IN THE SENATE OF THE UNITED STATES August 5, 2021 Mr. Paul submitted the following concurrent resolution; which was referred to the Committee on the Budget ; committee discharged pursuant to Section 300 of the Congressional Budget Act and placed on the calendar CONCURRENT RESOLUTION Setting forth the congressional budget for the United States Government for fiscal year 2022 and setting forth the appropriate budgetary levels for fiscal years 2023 through 2031.
1. Concurrent resolution on the budget for fiscal year 2022 (a) Declaration Congress declares that this resolution is the concurrent resolution on the budget for fiscal year 2022 and that this resolution sets forth the appropriate budgetary levels for fiscal years 2022 through 2030. (b) Table of contents The table of contents for this concurrent resolution is as follows: Sec. 1. Concurrent resolution on the budget for fiscal year 2022. TITLE I—Recommended levels and amounts Subtitle A—Budgetary levels in both Houses Sec. 1101. Recommended levels and amounts. Sec. 1102. Major functional categories. Subtitle B—Levels and amounts in the Senate Sec. 1201. Social Security in the Senate. Sec. 1202. Postal Service discretionary administrative expenses in the Senate. TITLE II—Reconciliation Sec. 2001. Reconciliation in the Senate. TITLE III—Reserve funds Sec. 3001. Deficit reduction fund for efficiencies, consolidations, and other savings. Sec. 3002. Reserve fund relating to health savings accounts. TITLE IV—Budget process Sec. 4001. Voting threshold for points of order. Sec. 4002. Emergency legislation. Sec. 4003. Enforcement of allocations, aggregates, and other levels. Sec. 4004. Point of order against legislation providing funding within more than 3 suballocations under section 302( b ). Sec. 4005. Duplication determinations by the Congressional Budget Office. Sec. 4006. Breakdown of cost estimates by budget function. Sec. 4007. Sense of the Senate on treatment of reduction of appropriations levels to achieve savings. Sec. 4008. Prohibition on preemptive waivers. Sec. 4009. Adjustments for legislation reducing appropriations. Sec. 4010. Adjustments to reflect legislation not included in the baseline. Sec. 4011. Authority. Sec. 4012. Exercise of rulemaking powers. I Recommended levels and amounts A Budgetary levels in both Houses 1101. Recommended levels and amounts The following budgetary levels are appropriate for each of fiscal years 2022 through 2031: (1) Federal revenues For purposes of the enforcement of this resolution: (A) The recommended levels of Federal revenues are as follows: Fiscal year 2022: $3,401,000,000,000. Fiscal year 2023: $3,513,000,000,000. Fiscal year 2024: $3,542,000,000,000. Fiscal year 2025: $3,566,000,000,000. Fiscal year 2026: $3,773,000,000,000. Fiscal year 2027: $3,995,000,000,000. Fiscal year 2028: $4,091,000,000,000. Fiscal year 2029: $4,218,000,000,000. Fiscal year 2030: $4,352,000,000,000. Fiscal year 2031: $4,506,000,000,000. (B) The amounts by which the aggregate levels of Federal revenues should be changed are as follows: Fiscal year 2022: $0. Fiscal year 2023: $0. Fiscal year 2024: $0. Fiscal year 2025: $0. Fiscal year 2026: $0. Fiscal year 2027: $0. Fiscal year 2028: $0. Fiscal year 2020: $0. Fiscal year 2030: $0. Fiscal year 2031: $0. (2) New budget authority For purposes of the enforcement of this resolution, the appropriate levels of total new budget authority are as follows: Fiscal year 2022: $5,200,000,000,000. Fiscal year 2023: $4,545,670,000,000. Fiscal year 2024: $4,010,610,000,000. Fiscal year 2025: $3,740,420,000,000. Fiscal year 2026: $3,511,470,000,000. Fiscal year 2027: $3,651,280,000,000. Fiscal year 2028: $3,751,530,000,000. Fiscal year 2029: $3,832,240,000,000. Fiscal year 2030: $3,908,440,000,000. Fiscal year 2031: $3,985,170,000,000. (3) Budget outlays For purposes of the enforcement of this resolution, the appropriate levels of total budget outlays are as follows: Fiscal year 2022: $4,469,000,000,000. Fiscal year 2023: $4,227,670,000,000. Fiscal year 2024: $4,003,610,000,000. Fiscal year 2025: $3,791,420,000,000. Fiscal year 2026: $3,590,470,000,000. Fiscal year 2027: $3,662,280,000,000. Fiscal year 2028: $3,735,530,000,000. Fiscal year 2029: $3,810,240,000,000. Fiscal year 2030: $3,886,440,000,000. Fiscal year 2031: $3,964,170,000,000. (4) Deficits For purposes of the enforcement of this resolution, the amounts of the deficits are as follows: Fiscal year 2022: −$1,154,000,000,000. Fiscal year 2023: −$785,670,000,000. Fiscal year 2024: −$564,610,000,000. Fiscal year 2025: −$370,420,000,000. Fiscal year 2026: $2,530,000,000. Fiscal year 2027: $114,720,000,000. Fiscal year 2028: $90,470,000,000. Fiscal year 2029: $94,760,000,000. Fiscal year 2030: $99,560,000,000. Fiscal year 2031: $119,830,000,000. (5) Public debt Pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(a)(5) ), the appropriate levels of the public debt are as follows: Fiscal year 2022: $29,387,000,000,000. Fiscal year 2023: $29,042,000,000,000. Fiscal year 2024: $28,913,000,000,000. Fiscal year 2025: $28,976,000,000,000. Fiscal year 2026: $29,413,000,000,000. Fiscal year 2027: $29,969,000,000,000. Fiscal year 2028: $30,509,000,000,000. Fiscal year 2029: $31,062,000,000,000. Fiscal year 2030: $31,627000,000,000. Fiscal year 2031: $32,221,000,000,000. (6) Debt held by the public The appropriate levels of debt held by the public are as follows: Fiscal year 2022: $24,392,000,000,000. Fiscal year 2023: $23,972,000,000,000. Fiscal year 2024: $23,767,000,000,000. Fiscal year 2025: $23,754,000,000,000. Fiscal year 2026: $24,112,000,000,000. Fiscal year 2027: $24,589,000,000,000. Fiscal year 2028: $25,048,000,000,000. Fiscal year 2029: $25,519,000,000,000. Fiscal year 2030: $26,001,000,000,000. Fiscal year 2031: $26,511,000,000,000. 1102. Major functional categories Congress determines and declares that the appropriate levels of new budget authority and outlays for fiscal years 2022 through 2030 for each major functional category are: (1) National Defense (050): Fiscal year 2022: (A) New budget authority, $775,191,000,000. (B) Outlays, $763,670,000,000. Fiscal year 2023: (A) New budget authority, $794,934,000,000. (B) Outlays, $775,589,000,000. Fiscal year 2024: (A) New budget authority, $815,803,000,000. (B) Outlays, $787,646,000,000. Fiscal year 2025: (A) New budget authority, $836,515,000,000. (B) Outlays, $811,267,000,000. Fiscal year 2026: (A) New budget authority, $857,383,000,000. (B) Outlays, $830,513,000,000. Fiscal year 2027: (A) New budget authority, $878,917,000,000. (B) Outlays, $850,787,000,000. Fiscal year 2028: (A) New budget authority, $900,787,000,000. (B) Outlays, $877,902,000,000. Fiscal year 2029: (A) New budget authority, $923,187,000,000. (B) Outlays, $887,719,000,000. Fiscal year 2030: (A) New budget authority, $945,927,000,000. (B) Outlays, $915,724,000,000. Fiscal year 2031: (A) New budget authority, $970,212,000,000. (B) Outlays, $939,413,000,000. (2) International Affairs (150): Fiscal year 2022: (A) New budget authority, $69,012,000,000. (B) Outlays, $63,917,000,000. Fiscal year 2023: (A) New budget authority, $65,549,000,000. (B) Outlays, $65,371,000,000. Fiscal year 2024: (A) New budget authority, $67,126,000,000. (B) Outlays, $66,047,000,000. Fiscal year 2025: (A) New budget authority, $68,690,000,000. (B) Outlays, $66,464,000,000. Fiscal year 2026: (A) New budget authority, $70,275,000,000. (B) Outlays, $67,340,000,000. Fiscal year 2027: (A) New budget authority, $72,001,000,000. (B) Outlays, $68,745,000,000. Fiscal year 2028: (A) New budget authority, $73,729,000,000. (B) Outlays, $70,046,000,000. Fiscal year 2029: (A) New budget authority, $75,490,000,000. (B) Outlays, $71,694,000,000. Fiscal year 2030: (A) New budget authority, $77,232,000,000. (B) Outlays, $73,280,000,000. Fiscal year 2031: (A) New budget authority, $78,975,000,000. (B) Outlays, $74,902,000,000. (3) General Science, Space, and Technology (250): Fiscal year 2022: (A) New budget authority, $38,998,000,000. (B) Outlays, $37,354,000,000. Fiscal year 2023: (A) New budget authority, $39,902,000,000. (B) Outlays, $39,205,000,000. Fiscal year 2024: (A) New budget authority, $40,845,000,000. (B) Outlays, $40,090,000,000. Fiscal year 2025: (A) New budget authority, $41,785,000,000. (B) Outlays, $40,931,000,000. Fiscal year 2026: (A) New budget authority, $42,730,000,000. (B) Outlays, $41,742,000,000. Fiscal year 2027: (A) New budget authority, $43,709,000,000. (B) Outlays, $42,631,000,000. Fiscal year 2028: (A) New budget authority, $44,695,000,000. (B) Outlays, $43,586,000,000. Fiscal year 2029: (A) New budget authority, $45,715,000,000. (B) Outlays, $44,579,000,000. Fiscal year 2030: (A) New budget authority, $46,745,000,000. (B) Outlays, $45,590,000,000. Fiscal year 2031: (A) New budget authority, $47,791,000,000. (B) Outlays, $46,617,000,000. (4) Energy (270): Fiscal year 2022: (A) New budget authority, $5,534,000,000. (B) Outlays, $5,035,000,000. Fiscal year 2023: (A) New budget authority, $5,153,000,000. (B) Outlays, $4,901,000,000. Fiscal year 2024: (A) New budget authority, $5,666,000,000. (B) Outlays, $5,331,000,000. Fiscal year 2025: (A) New budget authority, $5,847,000,000. (B) Outlays, $5,495,000,000. Fiscal year 2026: (A) New budget authority, $5,606,000,000. (B) Outlays, $5,670,000,000. Fiscal year 2027: (A) New budget authority, $5,702,000,000. (B) Outlays, $5,776,000,000. Fiscal year 2028: (A) New budget authority, $8,515,000,000. (B) Outlays, $8,375,000,000. Fiscal year 2029: (A) New budget authority, $9,205,000,000. (B) Outlays, $8,949,000,000. Fiscal year 2030: (A) New budget authority, $9,731,000,000. (B) Outlays, $9,438,000,000. Fiscal year 2031: (A) New budget authority, $10,035,000,000. (B) Outlays, $9,665,000,000. (5) Natural Resources and Environment (300): Fiscal year 2022: (A) New budget authority, $50,744,000,000. (B) Outlays, $47,297,000,000. Fiscal year 2023: (A) New budget authority, $52,294,000,000. (B) Outlays, $49,999,000,000. Fiscal year 2024: (A) New budget authority, $53,614,000,000. (B) Outlays, $52,178,000,000. Fiscal year 2025: (A) New budget authority, $55,000,000,000. (B) Outlays, $54,076,000,000. Fiscal year 2026: (A) New budget authority, $54,642,000,000. (B) Outlays, $55,956,000,000. Fiscal year 2027: (A) New budget authority, $55,986,000,000. (B) Outlays, $57,413,000,000. Fiscal year 2028: (A) New budget authority, $57,300,000,000. (B) Outlays, $58,394,000,000. Fiscal year 2029: (A) New budget authority, $58,677,000,000. (B) Outlays, $59,369,000,000. Fiscal year 2030: (A) New budget authority, $59,945,000,000. (B) Outlays, $60,344,000,000. Fiscal year 2031: (A) New budget authority, $61,770,000,000. (B) Outlays, $61,480,000,000. (6) Agriculture (350): Fiscal year 2022: (A) New budget authority, $22,243,000,000. (B) Outlays, $24,769,000,000. Fiscal year 2023: (A) New budget authority, $20,406,000,000. (B) Outlays, $21,556,000,000. Fiscal year 2024: (A) New budget authority, $18,208,000,000. (B) Outlays, $22,246,000,000. Fiscal year 2025: (A) New budget authority, $20,791,000,000. (B) Outlays, $23,586,000,000. Fiscal year 2026: (A) New budget authority, $22,735,000,000. (B) Outlays, $24,134,000,000. Fiscal year 2027: (A) New budget authority, $24,610,000,000. (B) Outlays, $25,590,000,000. Fiscal year 2028: (A) New budget authority, $25,485,000,000. (B) Outlays, $25,808,000,000. Fiscal year 2029: (A) New budget authority, $25,012,000,000. (B) Outlays, $25,268,000,000. Fiscal year 2030: (A) New budget authority, $24,607,000,000. (B) Outlays, $25,446,000,000. Fiscal year 2031: (A) New budget authority, $27,999,000,000. (B) Outlays, $25,779,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2022: (A) New budget authority, $10,330,000,000. (B) Outlays, $38,343,000,000. Fiscal year 2023: (A) New budget authority, $13,064,000,000. (B) Outlays, $23,562,000,000. Fiscal year 2024: (A) New budget authority, $17,915,000,000. (B) Outlays, $14,280,000,000. Fiscal year 2025: (A) New budget authority, $20,495,000,000. (B) Outlays, $13,373,000,000. Fiscal year 2026: (A) New budget authority, $20,262,000,000. (B) Outlays, $9,622,000,000. Fiscal year 2027: (A) New budget authority, $20,492,000,000. (B) Outlays, $7,750,000,000. Fiscal year 2028: (A) New budget authority, $20,392,000,000. (B) Outlays, $7,659,000,000. Fiscal year 2029: (A) New budget authority, $19,868,000,000. (B) Outlays, $5,677,000,000. Fiscal year 2030: (A) New budget authority, $19,463,000,000. (B) Outlays, $3,877,000,000. Fiscal year 2031: (A) New budget authority, $19,903,000,000. (B) Outlays, $3,592,000,000. (8) Transportation (400): Fiscal year 2022: (A) New budget authority, $106,038,000,000. (B) Outlays, $131,061,000,000. Fiscal year 2023: (A) New budget authority, $106,982,000,000. (B) Outlays, $116,109,000,000. Fiscal year 2024: (A) New budget authority, $108,033,000,000. (B) Outlays, $109,445,000,000. Fiscal year 2025: (A) New budget authority, $108,731,000,000. (B) Outlays, $111,808,000,000. Fiscal year 2026: (A) New budget authority, $109,777,000,000. (B) Outlays, $114,366,000,000. Fiscal year 2027: (A) New budget authority, $111,245,000,000. (B) Outlays, $117,300,000,000. Fiscal year 2028: (A) New budget authority, $112,407,000,000. (B) Outlays, $119,639,000,000. Fiscal year 2029: (A) New budget authority, $113,389,000,000. (B) Outlays, $122,392,000,000. Fiscal year 2030: (A) New budget authority, $108,979,000,000. (B) Outlays, $119,310,000,000. Fiscal year 2031: (A) New budget authority, $110,360,000,000. (B) Outlays, $121,968,000,000. (9) Community and Regional Development (450): Fiscal year 2022: (A) New budget authority, $32,216,000,000. (B) Outlays, $43,972,000,000. Fiscal year 2023: (A) New budget authority, $33,050,000,000. (B) Outlays, $33,158,000,000. Fiscal year 2024: (A) New budget authority, $33,812,000,000. (B) Outlays, $33,180,000,000. Fiscal year 2025: (A) New budget authority, $34,584,000,000. (B) Outlays, $34,172,000,000. Fiscal year 2026: (A) New budget authority, $35,362,000,000. (B) Outlays, $34,571,000,000. Fiscal year 2027: (A) New budget authority, $36,164,000,000. (B) Outlays, $34,733,000,000. Fiscal year 2028: (A) New budget authority, $36,967,000,000. (B) Outlays, $34,903,000,000. Fiscal year 2029: (A) New budget authority, $37,805,000,000. (B) Outlays, $35,312,000,000. Fiscal year 2030: (A) New budget authority, $38,645,000,000. (B) Outlays, $35,668,000,000. Fiscal year 2031: (A) New budget authority, $43,558,000,000. (B) Outlays, $37,341,000,000. (10) Education, Training, Employment, and Social Services (500): Fiscal year 2022: (A) New budget authority, $120,064,000,000. (B) Outlays, $203,102,000,000. Fiscal year 2023: (A) New budget authority, $121,532,000,000. (B) Outlays, $194,653,000,000. Fiscal year 2024: (A) New budget authority, $124,464,000,000. (B) Outlays, $168,395,000,000. Fiscal year 2025: (A) New budget authority, $127,779,000,000. (B) Outlays, $153,513,000,000. Fiscal year 2026: (A) New budget authority, $130,695,000,000. (B) Outlays, $141,176,000,000. Fiscal year 2027: (A) New budget authority, $133,549,000,000. (B) Outlays, $136,026,000,000. Fiscal year 2028: (A) New budget authority, $136,491,000,000. (B) Outlays, $135,619,000,000. Fiscal year 2029: (A) New budget authority, $139,749,000,000. (B) Outlays, $137,006,000,000. Fiscal year 2030: (A) New budget authority, $142,599,000,000. (B) Outlays, $139,941,000,000. Fiscal year 2031: (A) New budget authority, $146,439,000,000. (B) Outlays, $143,416,000,000. (11) Health (550): Fiscal year 2022: (A) New budget authority, $803,123,000,000. (B) Outlays, $892,772,000,000. Fiscal year 2023: (A) New budget authority, $719,711,000,000. (B) Outlays, $747,528,000,000. Fiscal year 2024: (A) New budget authority, $715,862,000,000. (B) Outlays, $724,580,000,000. Fiscal year 2025: (A) New budget authority, $745,885,000,000. (B) Outlays, $744,704,000,000. Fiscal year 2026: (A) New budget authority, $781,074,000,000. (B) Outlays, $775,126,000,000. Fiscal year 2027: (A) New budget authority, $817,914,000,000. (B) Outlays, $812,027,000,000. Fiscal year 2028: (A) New budget authority, $854,544,000,000. (B) Outlays, $854,097,000,000. Fiscal year 2029: (A) New budget authority, $897,505,000,000. (B) Outlays, $897,625,000,000. Fiscal year 2030: (A) New budget authority, $951,394,000,000. (B) Outlays, $942,078,000,000. Fiscal year 2031: (A) New budget authority, $989,898,000,000. (B) Outlays, $990,582,000,000. (12) Medicare (570): Fiscal year 2022: (A) New budget authority, $749,532,000,000. (B) Outlays, $749,276,000,000. Fiscal year 2023: (A) New budget authority, $847,396,000,000. (B) Outlays, $847,121,000,000. Fiscal year 2024: (A) New budget authority, $866,248,000,000. (B) Outlays, $865,998,000,000. Fiscal year 2025: (A) New budget authority, $981,723,000,000. (B) Outlays, $981,421,000,000. Fiscal year 2026: (A) New budget authority, $1,053,221,000,000. (B) Outlays, $1,052,875,000,000. Fiscal year 2027: (A) New budget authority, $1,129,828,000,000. (B) Outlays, $1,129,433,000,000. Fiscal year 2028: (A) New budget authority, $1,286,243,000,000. (B) Outlays, $1,285,802,000,000. Fiscal year 2029: (A) New budget authority, $1,221,175,000,000. (B) Outlays, $1,220,705,000,000. Fiscal year 2030: (A) New budget authority, $1,382,805,000,000. (B) Outlays, $1,382,292,000,000. Fiscal year 2031: (A) New budget authority, $1,465,522,000,000. (B) Outlays, $1,464,994,000,000. (13) Income Security (600): Fiscal year 2022: (A) New budget authority, $738,458,000,000. (B) Outlays, $782,233,000,000. Fiscal year 2023: (A) New budget authority, $622,062,000,000. (B) Outlays, $642,283,000,000. Fiscal year 2024: (A) New budget authority, $600,150,000,000. (B) Outlays, $592,542,000,000. Fiscal year 2025: (A) New budget authority, $611,536,000,000. (B) Outlays, $602,444,000,000. Fiscal year 2026: (A) New budget authority, $624,520,000,000. (B) Outlays, $622,243,000,000. Fiscal year 2027: (A) New budget authority, $621,528,000,000. (B) Outlays, $614,688,000,000. Fiscal year 2028: (A) New budget authority, $638,790,000,000. (B) Outlays, $637,520,000,000. Fiscal year 2029: (A) New budget authority, $640,262,000,000. (B) Outlays, $626,505,000,000. Fiscal year 2030: (A) New budget authority, $658,829,000,000. (B) Outlays, $650,669,000,000. Fiscal year 2031: (A) New budget authority, $671,857,000,000. (B) Outlays, $663,268,000,000. (14) Social Security (650): Fiscal year 2022: (A) New budget authority, $47,020,000,000. (B) Outlays, $47,020,000,000. Fiscal year 2023: (A) New budget authority, $50,129,000,000. (B) Outlays, $50,129,000,000. Fiscal year 2024: (A) New budget authority, $53,591,000,000. (B) Outlays, $53,591,000,000. Fiscal year 2025: (A) New budget authority, $57,355,000,000. (B) Outlays, $57,355,000,000. Fiscal year 2026: (A) New budget authority, $67,932,000,000. (B) Outlays, $67,932,000,000. Fiscal year 2027: (A) New budget authority, $74,299,000,000. (B) Outlays, $74,299,000,000. Fiscal year 2028: (A) New budget authority, $79,053,000,000. (B) Outlays, $79,053,000,000. Fiscal year 2029: (A) New budget authority, $84,191,000,000. (B) Outlays, $84,191,000,000. Fiscal year 2030: (A) New budget authority, $89,406,000,000. (B) Outlays, $89,406,000,000. Fiscal year 2031: (A) New budget authority, $93,932,000,000. (B) Outlays, $93,932,000,000. (15) Veterans Benefits and Services (700): Fiscal year 2022: (A) New budget authority, $254,702,000,000. (B) Outlays, $279,701,000,000. Fiscal year 2023: (A) New budget authority, $264,053,000,000. (B) Outlays, $265,009,000,000. Fiscal year 2024: (A) New budget authority, $279,656,000,000. (B) Outlays, $260,824,000,000. Fiscal year 2025: (A) New budget authority, $282,773,000,000. (B) Outlays, $281,357,000,000. Fiscal year 2026: (A) New budget authority, $291,314,000,000. (B) Outlays, $289,733,000,000. Fiscal year 2027: (A) New budget authority, $300,372,000,000. (B) Outlays, $298,708,000,000. Fiscal year 2028: (A) New budget authority, $309,505,000,000. (B) Outlays, $322,256,000,000. Fiscal year 2029: (A) New budget authority, $319,356,000,000. (B) Outlays, $303,026,000,000. Fiscal year 2030: (A) New budget authority, $329,247,000,000. (B) Outlays, $327,342,000,000. Fiscal year 2031: (A) New budget authority, $340,320,000,000. (B) Outlays, $338,352,000,000. (16) Administration of Justice (750): Fiscal year 2022: (A) New budget authority, $76,203,000,000. (B) Outlays, $75,436,000,000. Fiscal year 2023: (A) New budget authority, $75,878,000,000. (B) Outlays, $75,870,000,000. Fiscal year 2024: (A) New budget authority, $78,091,000,000. (B) Outlays, $77,845,000,000. Fiscal year 2025: (A) New budget authority, $79,494,000,000. (B) Outlays, $78,932,000,000. Fiscal year 2026: (A) New budget authority, $81,767,000,000. (B) Outlays, $81,072,000,000. Fiscal year 2027: (A) New budget authority, $84,100,000,000. (B) Outlays, $83,116,000,000. Fiscal year 2028: (A) New budget authority, $86,459,000,000. (B) Outlays, $85,180,000,000. Fiscal year 2029: (A) New budget authority, $88,880,000,000. (B) Outlays, $87,521,000,000. Fiscal year 2030: (A) New budget authority, $91,348,000,000. (B) Outlays, $89,895,000,000. Fiscal year 2031: (A) New budget authority, $100,807,000,000. (B) Outlays, $98,591,000,000. (17) General Government (800): Fiscal year 2022: (A) New budget authority, $24,545,000,000. (B) Outlays, $102,914,000,000. Fiscal year 2023: (A) New budget authority, $25,224,000,000. (B) Outlays, $26,973,000,000. Fiscal year 2024: (A) New budget authority, $25,888,000,000. (B) Outlays, $26,008,000,000. Fiscal year 2025: (A) New budget authority, $26,582,000,000. (B) Outlays, $26,382,000,000. Fiscal year 2026: (A) New budget authority, $27,320,000,000. (B) Outlays, $26,854,000,000. Fiscal year 2027: (A) New budget authority, $28,085,000,000. (B) Outlays, $27,614,000,000. Fiscal year 2028: (A) New budget authority, $38,862,000,000. (B) Outlays, $28,378,000,000. Fiscal year 2029: (A) New budget authority, $29,647,000,000. (B) Outlays, $29,154,000,000. Fiscal year 2030: (A) New budget authority, $30,490,000,000. (B) Outlays, $29,988,000,000. Fiscal year 2031: (A) New budget authority, $31,684,000,000. (B) Outlays, $31,171,000,000. (18) Net Interest (900): Fiscal year 2022: (A) New budget authority, $372,256,000,000. (B) Outlays, $372,256,000,000. Fiscal year 2023: (A) New budget authority, $375,438,000,000. (B) Outlays, $375,438,000,000. Fiscal year 2024: (A) New budget authority, $399,625,000,000. (B) Outlays, $399,625,000,000. Fiscal year 2025: (A) New budget authority, $447,802,000,000. (B) Outlays, $447,802,000,000. Fiscal year 2026: (A) New budget authority, $514,427,000,000. (B) Outlays, $514,427,000,000. Fiscal year 2027: (A) New budget authority, $585,789,000,000. (B) Outlays, $585,789,000,000. Fiscal year 2028: (A) New budget authority, $668,043,000,000. (B) Outlays, $668,043,000,000. Fiscal year 2029: (A) New budget authority, $746,852,000,000. (B) Outlays, $746,852,000,000. Fiscal year 2030: (A) New budget authority, $836,294,000,000. (B) Outlays, $836,294,000,000. Fiscal year 2031: (A) New budget authority, $929,537,000,000. (B) Outlays, $929,537,000,000. (19) Allowances (920): Fiscal year 2022: (A) New budget authority, −$33,311,000,000. (B) Outlays, −$18,432,000,000. Fiscal year 2023: (A) New budget authority, −$33,933,000,000. (B) Outlays, −$27,630,000,000. Fiscal year 2024: (A) New budget authority, −$34,688,000,000. (B) Outlays, −$31,377,000,000. Fiscal year 2025: (A) New budget authority, −$35,497,000,000. (B) Outlays, −$33,382,000,000. Fiscal year 2026: (A) New budget authority, −$36,367,000,000. (B) Outlays, −$34,807,000,000. Fiscal year 2027: (A) New budget authority, −$37,240,000,000. (B) Outlays, −$35,938,000,000. Fiscal year 2028: (A) New budget authority, −$38,152,000,000. (B) Outlays, −$36,942,000,000. Fiscal year 2029: (A) New budget authority, −$38,991,000,000. (B) Outlays, −$37,890,000,000. Fiscal year 2030: (A) New budget authority, −$39,927,000,000. (B) Outlays, −$38,847,000,000. Fiscal year 2031: (A) New budget authority, −$40,906,000,000. (B) Outlays, −$39,817,000,000. (20) New Efficiencies, Consolidations, and Other Savings (930): Fiscal year 2022: (A) New budget authority, $0. (B) Outlays, $0. Fiscal year 2023: (A) New budget authority, −$3,280,000,000. (B) Outlays, −$2,790,000,000. Fiscal year 2024: (A) New budget authority, −$184,960,000,000. (B) Outlays, −$157,480,000,000. Fiscal year 2025: (A) New budget authority, −$619,060,000,000. (B) Outlays, −$541,100,000,000. Fiscal year 2026: (A) New budget authority, −$1,038,910,000,000. (B) Outlays, −$938,210,000,000. Fiscal year 2027: (A) New budget authority, −$1,176,230,000,000. (B) Outlays, −$1,105,210,000,000. Fiscal year 2028: (A) New budget authority, −$1,465,660,000,000. (B) Outlays, −$1,385,310,000,000. Fiscal year 2029: (A) New budget authority, −$1,434,440,000,000. (B) Outlays, −$1,398,780,000,000. Fiscal year 2030: (A) New budget authority, −$1,727,110,000,000. (B) Outlays, −$1,660,680,000,000. Fiscal year 2031: (A) New budget authority, −$1,933,360,000,000. (B) Outlays, −$1,865,630,000,000. (21) Undistributed Offsetting Receipts (950): Fiscal year 2022: (A) New budget authority, −$183,885,000,000. (B) Outlays, −$191,270,000,000. Fiscal year 2023: (A) New budget authority, −$116,355,000,000. (B) Outlays, −$123,615,000,000. Fiscal year 2024: (A) New budget authority, −$109,511,000,000. (B) Outlays, −$109,116,000,000. Fiscal year 2025: (A) New budget authority, −$111,761,000,000. (B) Outlays, −$116,941,000,000. Fiscal year 2026: (A) New budget authority, −$115,184,000,000. (B) Outlays, −$113,634,000,000. Fiscal year 2027: (A) New budget authority, −$118,981,000,000. (B) Outlays, −$117,431,000,000. Fiscal year 2028: (A) New budget authority, −$122,423,000,000. (B) Outlays, −$120,603,000,000. Fiscal year 2029: (A) New budget authority, −$126,990,000,000. (B) Outlays, −$125,170,000,000. Fiscal year 2030: (A) New budget authority, −$131,662,000,000. (B) Outlays, −$130,112,000,000. Fiscal year 2031: (A) New budget authority, −$136,520,000,000. (B) Outlays, −$135,110,000,000. B Levels and amounts in the Senate 1201. Social Security in the Senate (a) Social Security Revenues For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of revenues of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2022: $989,000,000,000. Fiscal year 2023: $1,085,000,000,000. Fiscal year 2024: $1,128,000,000,000. Fiscal year 2025: $1,168,000,000,000. Fiscal year 2026: $1,211,000,000,000. Fiscal year 2027: $1,258,000,000,000. Fiscal year 2028: $1,306,000,000,000. Fiscal year 2029: $1,354,000,000,000. Fiscal year 2030: $1,402,000,000,000. Fiscal year 2031: $1,451,000,000,000. (b) Social Security Outlays For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2022: $1,162,020,000,000. Fiscal year 2023: $1,236,893,000,000. Fiscal year 2024: $1,310,836,000,000. Fiscal year 2025: $1,388,512,000,000. Fiscal year 2026: $1,462,455,000,000. Fiscal year 2027: $1,542,731,000,000. Fiscal year 2028: $1,634,255,000,000. Fiscal year 2029: $1,726,819,000,000 Fiscal year 2030: $1,822,220,000,000. Fiscal year 2031: $1,919,593,000,000. (c) Social Security Administrative Expenses In the Senate, the amounts of new budget authority and budget outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for administrative expenses are as follows: Fiscal year 2022: (A) New budget authority, $3,434,000,000. (B) Outlays, $3,418,000,000. Fiscal year 2023: (A) New budget authority, $3,544,000,000. (B) Outlays, $3,517,000,000. Fiscal year 2024: (A) New budget authority, $3,661,000,000. (B) Outlays, $3,630,000,000. Fiscal year 2025: (A) New budget authority, $3,777,000,000. (B) Outlays, $3,746,000,000. Fiscal year 2026: (A) New budget authority, $3,894,000,000. (B) Outlays, $3,863,000,000. Fiscal year 2027: (A) New budget authority, $4,014,000,000. (B) Outlays, $3,892,000,000. Fiscal year 2028: (A) New budget authority, $4,137,000,000. (B) Outlays, $4,104,000,000. Fiscal year 2029: (A) New budget authority, $4,262,000,000. (B) Outlays, $4,229,000,000. Fiscal year 2030: (A) New budget authority, $4,391,000,000. (B) Outlays, $4,357,000,000. Fiscal year 2031: (A) New budget authority, $4,524,000,000. (B) Outlays, $4,489,000,000. 1202. Postal Service discretionary administrative expenses in the Senate In the Senate, the amounts of new budget authority and budget outlays of the Postal Service for discretionary administrative expenses are as follows: Fiscal year 2022: (A) New budget authority, −$1,332,000,000. (B) Outlays, $1,478,000,000. Fiscal year 2023: (A) New budget authority, −$903,000,000. (B) Outlays, $1,787,000,000. Fiscal year 2024: (A) New budget authority, $40,000,000. (B) Outlays, $1,398,000,000. Fiscal year 2025: (A) New budget authority, $1,410,000,000. (B) Outlays, $1,410,000,000. Fiscal year 2026: (A) New budget authority, $2,271,000,000. (B) Outlays, $2,270,000,000. Fiscal year 2027: (A) New budget authority, $3,032,000,000. (B) Outlays, $3,032,000,000. Fiscal year 2028: (A) New budget authority, $3,644,000,000. (B) Outlays, $3,643,000,000. Fiscal year 2029: (A) New budget authority, $4,106,000,000. (B) Outlays, $4,105,000,000. Fiscal year 2030: (A) New budget authority, $4,468,000,000. (B) Outlays, $4,467,000,000. Fiscal year 2031: (A) New budget authority, $3,881,000,000. (B) Outlays, $3,880,000,000. II Reconciliation 2001. Reconciliation in the Senate (a) Banking, Housing, and Urban Affairs The Committee on Banking, Housing, and Urban Affairs of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $600,000,000,000 for the period of fiscal years 2022 through 2031. (b) Energy and Natural Resources The Committee on Energy and Natural Resources of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $600,000,000,000 for the period of fiscal years 2022 through 2031. (c) Environment and Public Works The Committee on Environment and Public Works of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $600,000,000,000 for the period of fiscal years 2022 through 2031. (d) Finance The Committee on Finance of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $1,400,000,000,000 for the period of fiscal years 2022 through 2031. (e) Health, Education, Labor, and Pensions The Committee on Health, Education, Labor, and Pensions of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $1,400,000,000,000 for the period of fiscal years 2022 through 2031. (f) Homeland Security and Governmental Affairs The Committee on Homeland Security and Governmental Affairs of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $900,000,000,000 for the period of fiscal years 2022 through 2031. (g) Indian Affairs The Committee on Indian Affairs of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $75,000,000,000 for the period of fiscal years 2022 through 2031. (h) Intelligence The Select Committee on Intelligence of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $75,000,000,000 for the period of fiscal years 2022 through 2031. (i) Judiciary The Committee on the Judiciary of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $150,000,000,000 for the period of fiscal years 2022 through 2031. (j) Rules and Administration The Committee on Rules and Administration of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $1,000,000,000 for the period of fiscal years 2022 through 2031. (k) Veterans Affairs The Committee on Veterans Affairs of the Senate shall report changes in laws within its jurisdiction to reduce the deficit by not less than $300,000,000,000 for the period of fiscal years 2022 through 2031. (l) Submissions In the Senate, not later than December 31, 2021, the committees named in subsections (a) through (k) shall submit their recommendations to the Committee on the Budget of the Senate. Upon receiving such recommendations, the Committee on the Budget of the Senate shall report to the Senate a reconciliation bill carrying out all such recommendations without any substantive revision. III Reserve funds 3001. Deficit reduction fund for efficiencies, consolidations, and other savings The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to efficiencies, consolidations, and other savings by the amounts provided in such legislation for those purposes, provided that such legislation would reduce the deficit over the period of the total of fiscal years 2022 through 2026 and the period of the total of fiscal years 2022 through 2031. 3002. Reserve fund relating to health savings accounts The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to health savings accounts by the amounts provided in such legislation for those purposes. IV Budget process 4001. Voting threshold for points of order (a) Definition In this section, the term covered point of order means a point of order— (1) under the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq. ), the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ), or a concurrent resolution on the budget; and (2) which, but for subsection (b), may be waived only by the affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn. (b) Voting threshold In the Senate— (1) a covered point of order may be waived only by the affirmative vote of five-eighths of the Members, duly chosen and sworn; and (2) an affirmative vote of five-eighths of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a covered point of order. 4002. Emergency legislation (a) Authority To designate In the Senate, with respect to a provision of direct spending or receipts legislation or appropriations for discretionary accounts that Congress designates as an emergency requirement, by an affirmative vote of five-eighths of the Members, duly chosen and sworn, in such measure, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purpose of this section. (b) Exemption of emergency provisions Any new budget authority, outlays, and receipts resulting from any provision designated as an emergency requirement, pursuant to this section, in any bill, joint resolution, amendment, amendment between the Houses, or conference report shall not count for purposes of sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), section 4106 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, and sections 401 and 404 of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. Designated emergency provisions shall not count for the purpose of revising allocations, aggregates, or other levels pursuant to procedures established under section 301(b)(7) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(b)(7) ) for deficit-neutral reserve funds and revising discretionary spending limits set pursuant to section 301 of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (c) Designations If a provision of legislation is designated as an emergency requirement under this section, the committee report and any statement of managers accompanying that legislation shall include an explanation of the manner in which the provision meets the criteria in subsection (f). (d) Definitions In this section, the terms direct spending , receipts , and appropriations for discretionary accounts mean any provision of a bill, joint resolution, amendment, motion, amendment between the Houses, or conference report that affects direct spending, receipts, or appropriations as those terms have been defined and interpreted for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ). (e) Point of order (1) In general When the Senate is considering a bill, resolution, amendment, motion, amendment between the Houses, or conference report, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor. (2) Supermajority waiver and appeals (A) Waiver Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of five-eighths of the Members, duly chosen and sworn. (B) Appeals Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of five-eighths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. (3) Definition of an emergency designation For purposes of paragraph (1), a provision shall be considered an emergency designation if it designates any item as an emergency requirement pursuant to this subsection. (4) Form of the point of order A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (5) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (f) Criteria (1) In general For purposes of this section, any provision is an emergency requirement if the situation addressed by such provision is— (A) necessary, essential, or vital (not merely useful or beneficial); (B) sudden, quickly coming into being, and not building up over time; (C) an urgent, pressing, and compelling need requiring immediate action; (D) subject to paragraph (2), unforeseen, unpredictable, and unanticipated; and (E) not permanent, temporary in nature. (2) Unforeseen An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen. (g) Inapplicability In the Senate, section 4112 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, shall no longer apply. 4003. Enforcement of allocations, aggregates, and other levels (a) Point of Order During each of fiscal years 2022 through 2031, it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would cause the amount of new budget authority, outlays, or deficits to be more than, or would cause the amount of revenues to be less than, the amount set forth under any allocation, aggregate, or other level established under this resolution. (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of five-eighths of the Members, duly chosen and sworn. An affirmative vote of five-eighths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). 4004. Point of order against legislation providing funding within more than 3 suballocations under section 302( b ) (a) Point of Order It shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that appropriates amounts that are within more than 3 of the suballocations under section 302(b) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(b) ). (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of five-eighths of the Members, duly chosen and sworn. An affirmative vote of five-eighths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). 4005. Duplication determinations by the Congressional Budget Office (a) Definition In this section— (1) the term covered bill or joint resolution means a bill or joint resolution of a public character reported by any committee of Congress (including the Committee on Appropriations and the Committee on the Budget of either House); (2) the term Director means the Director of the Congressional Budget Office; (3) the term existing duplicative or overlapping feature means an element of the Federal Government previously identified as an area of duplication, overlap, or fragmentation in a GAO duplication and overlap report; (4) the term GAO duplication and overlap report means each annual report prepared by the Comptroller General under section 21 of Public Law 111–139 ( 31 U.S.C. 712 note); and (5) the term new duplicative or overlapping feature means a new Federal program, office, or initiative created under a covered bill or joint resolution that would duplicate or overlap with an existing duplicative or overlapping feature. (b) Duplication determinations For each covered bill or joint resolution— (1) the Comptroller General of the United States shall, to the extent practicable— (A) determine the extent to which the covered bill or joint resolution creates a risk of a new duplicative or overlapping feature and, if the risk so warrants, identify— (i) the name of the new Federal program, office, or initiative; (ii) the section of the covered bill or joint resolution at which the new duplicative or overlapping feature is established; and (iii) the GAO duplication and overlap report in which the existing duplicative or overlapping feature is identified; and (B) submit the information described in subparagraph (A) to the Director and the committee that reported the covered bill or joint resolution; and (C) publish the information prepared under subparagraph (A) on the website of the Government Accountability Office; and (2) subject to subsection (c), the Director may include the information submitted by the Comptroller General under paragraph (1)(B) as a supplement to the estimate for the covered bill or joint resolution to which the information pertains submitted by the Director under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ). (c) Estimate by Director If the Comptroller General of the United States has not submitted to the Director the information for a covered bill or joint resolution under subsection (b)(1)(B) on the date on which the Director submits the estimate for the covered bill or joint resolution to which the information pertains under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ), the Director may, on the date on which the Comptroller General submits the information to the Director, prepare and submit to each applicable committee the information as a supplement to the estimate for the covered bill or joint resolution. 4006. Breakdown of cost estimates by budget function Any cost estimate prepared by the Congressional Budget Office shall specify the percentage of the estimated cost that is within each budget function. 4007. Sense of the Senate on treatment of reduction of appropriations levels to achieve savings (a) Findings Congress finds the following: (1) H. Con. Res. 448 (96th Congress), the concurrent resolution on the budget for fiscal year 1981, gave authorizing committees reconciliation instructions which amounted to approximately two-thirds of the savings required under reconciliation. (2) The language in H. Con. Res. 448 resulted in a debate about how reconciling discretionary spending programs could be in order given that authorizations of appropriations for programs did not actually change spending and the programs authorized would be funded through later annual appropriation. The staff of the Committee on the Budget of the Senate and the counsel to the Majority Leader advised that upon consultation with the Parliamentarian, the original instructions on discretionary spending would be out of order because of the phrase, to modify programs . This was seen as too broad and programs could be modified without resulting in changes to their future appropriations. (3) To rectify this violation, the Committee on the Budget of the Senate reported S. Con. Res. 9 (97th Congress), revising the congressional budget for the United States Government for fiscal years 1981, 1982, and 1983, to include reconciliation, which revised the language in the reconciliation instructions to change entitlement law and to report changes in laws within the jurisdiction of that committee sufficient to reduce appropriations levels so as to achieve savings . (4) This was understood to mean changes in authorization language of discretionary programs would be permissible under reconciliation procedures provided such changes in law would have the result in affecting a change in later outlays derived from future appropriations. Further it was understood that a change in authorization language that caused a change in later outlays was considered to be a change in outlays for the purpose of reconciliation. (5) On April 2, 1981, the Senate voted 88 to 10 to approve S. Con. Res. 9 with the modified reconciliation language. (b) Sense of the Senate It is the sense of the Senate that committees reporting changes in laws within the jurisdiction of that committee sufficient to reduce appropriations levels so as to achieve savings shall be considered to be changes in outlays for the purpose of enforcing the prohibition on extraneous matters in reconciliation bills. 4008. Prohibition on preemptive waivers In the Senate, it shall not be in order to move to waive or suspend a point of order under the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq. ) or any concurrent resolution on the budget with respect to a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report unless the point of order has been specifically raised by a Senator. 4009. Adjustments for legislation reducing appropriations The Chairman of the Committee on the Budget of the Senate may revise the allocations in effect under section 302(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a) ) and the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution for any bill or joint resolution considered pursuant to section 2001 containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the reduction in the amount of discretionary appropriations for a fiscal year caused by the measure. 4010. Adjustments to reflect legislation not included in the baseline The Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this resolution to reflect legislation enacted before the date on which this resolution is agreed to by Congress that is not incorporated in the baseline underlying the Congressional Budget Office’s September 2020 update to the Budget and Economic Outlook: 2020 to 2030. 4011. Authority Congress adopts this title under the authority under section 301(b)(4) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(b)(4) ). 4012. Exercise of rulemaking powers Congress adopts the provisions of this title— (1) as an exercise of the rulemaking power of the Senate, and as such they shall be considered as part of the rules of the Senate and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with full recognition of the constitutional right of the Senate to change those rules at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate.
August 5, 2021 Committee discharged pursuant to Section 300 of the Congressional Budget Act and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117sconres13pcs/xml/BILLS-117sconres13pcs.xml |
117-sconres-14 | One Hundred Seventeenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty one S. CON. RES. 14 IN THE SENATE OF THE UNITED STATES August 24, 2021 Agreed to CONCURRENT RESOLUTION Setting forth the congressional budget for the United States Government for fiscal year 2022 and setting forth the appropriate budgetary levels for fiscal years 2023 through 2031.
1. Concurrent resolution on the budget for fiscal year 2022 (a) Declaration Congress declares that this resolution is the concurrent resolution on the budget for fiscal year 2022 and that this resolution sets forth the appropriate budgetary levels for fiscal years 2023 through 2031. (b) Table of contents The table of contents for this concurrent resolution is as follows: Sec. 1. Concurrent resolution on the budget for fiscal year 2022. TITLE I—Recommended levels and amounts Subtitle A—Budgetary levels in both Houses Sec. 1101. Recommended levels and amounts. Sec. 1102. Major functional categories. Subtitle B—Levels and amounts in the Senate Sec. 1201. Social Security in the Senate. Sec. 1202. Postal Service discretionary administrative expenses in the Senate. TITLE II—Reconciliation Sec. 2001. Reconciliation in the Senate. Sec. 2002. Reconciliation in the House of Representatives. TITLE III—Reserve funds Sec. 3001. Reserve fund for legislation that won’t raise taxes on people making less than $400,000 in the Senate. Sec. 3002. Reserve fund for reconciliation legislation. Sec. 3003. Reserve fund. Sec. 3004. Deficit-neutral reserve fund to prohibit the Green New Deal. Sec. 3005. Reserve fund relating to addressing the crisis of climate change. Sec. 3006. Deficit-neutral reserve fund relating to supporting privately-held businesses, farms, and ranches. Sec. 3007. Deficit-neutral reserve fund relating to promoting US competitiveness and innovation by supporting research and development. Sec. 3008. Reserve fund relating to protecting taxpayer privacy while ensuring those evading the tax system pay what they owe. Sec. 3009. Deficit-neutral reserve fund to prohibit the Council on Environmental Quality and Environmental Protection Agency from promulgating rules or guidance that bans fracking in the United States. Sec. 3010. Deficit-neutral reserve fund relating to facilitating improved internet service for Cuban citizens. Sec. 3011. Deficit-neutral reserve fund relating to adjusting Federal funding for local jurisdictions. Sec. 3012. Reserve fund relating to honoring the Capitol Police, DC Metropolitan Police, and first responders. Sec. 3013. Deficit-neutral reserve fund relating to supporting or expediting the deployment of carbon capture, utilization, and sequestration technologies. Sec. 3014. Deficit-neutral reserve fund relating to policies or legislation to prohibit the Department of Agriculture from making ineligible for financing fossil fuel-burning power plants. Sec. 3015. Deficit-neutral reserve fund relating to the provisions of the American Rescue Plan Act. Sec. 3016. Deficit-neutral reserve fund relating to means-testing electric vehicle tax credits. Sec. 3017. Deficit-neutral reserve fund relating to prohibiting or limiting the issuance of costly Clean Air Act permit requirements on farmers and ranchers in the United States or the imposition of new Federal methane requirements on livestock. Sec. 3018. Deficit-neutral reserve fund relating to funding of the Office of Foreign Assets Control. Sec. 3019. Deficit-neutral reserve fund relating to abortion funding. Sec. 3020. Deficit-neutral reserve fund relating to ensuring robust, secure, and humane supply chains, sourced by the United States and allies of the United States, for renewable energy materials, technology, and critical minerals. Sec. 3021. Reserve fund relating to ensuring robust, secure, and humane supply chains by prohibiting the use of Federal funds to purchase materials, technology, and critical minerals produced, manufactured, or mined with forced labor. Sec. 3022. Reserve fund relating to Great Lakes ice breaking operational improvements. Sec. 3023. Deficit-neutral reserve fund relating to immigration enforcement and addressing the humanitarian crisis at the southern border. Sec. 3024. Deficit-neutral reserve fund relating to providing quality education for children. Sec. 3025. Deficit-neutral reserve fund relating to hiring 100,000 new police officers. Sec. 3026. Deficit-neutral reserve fund relating to preventing electricity blackouts and improving electricity reliability. Sec. 3027. Deficit-neutral reserve fund relating to protecting migrants and local communities against COVID–19. Sec. 3028. Deficit-neutral reserve fund relating to studying and providing for tax equivalency under the payments in lieu of taxes program. Sec. 3029. Deficit-neutral reserve fund relating to preventing tax increases on small businesses. Sec. 3030. Deficit-neutral reserve fund relating to providing sufficient resources to detain and deport a higher number of aliens who have been convicted of a crime. Sec. 3031. Deficit-neutral reserve fund relating to maintaining the current law tax treatment of like kind exchanges. TITLE IV—Other matters Sec. 4001. Emergency legislation. Sec. 4002. Point of order against advance appropriations in the Senate. Sec. 4003. Point of order against advance appropriations in the House of Representatives. Sec. 4004. Program integrity initiatives and other adjustments in the Senate. Sec. 4005. Program integrity initiatives and other adjustments in the House of Representatives. Sec. 4006. Enforcement filing. Sec. 4007. Application and effect of changes in allocations, aggregates, and other budgetary levels. Sec. 4008. Adjustments to reflect changes in concepts and definitions. Sec. 4009. Adjustment for bipartisan infrastructure legislation in the Senate. Sec. 4010. Adjustment for infrastructure legislation in the House of Representatives. Sec. 4011. Applicability of adjustments to discretionary spending limits. Sec. 4012. Budgetary treatment of administrative expenses. Sec. 4013. Appropriate budgetary adjustments in the House of Representatives. Sec. 4014. Adjustment for changes in the baseline in the House of Representatives. Sec. 4015. Scoring rule in the Senate for child care and pre-kindergarten legislation. Sec. 4016. Exercise of rulemaking powers. I Recommended levels and amounts A Budgetary levels in both Houses 1101. Recommended levels and amounts The following budgetary levels are appropriate for each of fiscal years 2022 through 2031: (1) Federal revenues For purposes of the enforcement of this resolution: (A) The recommended levels of Federal revenues are as follows: Fiscal year 2022: $3,401,380,000,000. Fiscal year 2023: $3,512,947,000,000. Fiscal year 2024: $3,542,298,000,000. Fiscal year 2025: $3,565,871,000,000. Fiscal year 2026: $3,773,174,000,000. Fiscal year 2027: $3,995,160,000,000. Fiscal year 2028: $4,090,582,000,000. Fiscal year 2029: $4,218,130,000,000. Fiscal year 2030: $4,352,218,000,000. Fiscal year 2031: $4,505,614,000,000. (B) The amounts by which the aggregate levels of Federal revenues should be changed are as follows: Fiscal year 2022: $0. Fiscal year 2023: $0. Fiscal year 2024: $0. Fiscal year 2025: $0. Fiscal year 2026: $0. Fiscal year 2027: $0. Fiscal year 2028: $0. Fiscal year 2029: $0. Fiscal year 2030: $0. Fiscal year 2031: $0. (2) New budget authority For purposes of the enforcement of this resolution, the appropriate levels of total new budget authority are as follows: Fiscal year 2022: $4,417,362,000,000. Fiscal year 2023: $4,579,359,000,000. Fiscal year 2024: $4,699,353,000,000. Fiscal year 2025: $4,940,084,000,000. Fiscal year 2026: $5,107,577,000,000. Fiscal year 2027: $5,311,640,000,000. Fiscal year 2028: $5,633,086,000,000. Fiscal year 2029: $5,722,075,000,000. Fiscal year 2030: $6,064,522,000,000. Fiscal year 2031: $6,365,907,000,000. (3) Budget outlays For purposes of the enforcement of this resolution, the appropriate levels of total budget outlays are as follows: Fiscal year 2022: $4,698,391,000,000. Fiscal year 2023: $4,671,457,000,000. Fiscal year 2024: $4,714,709,000,000. Fiscal year 2025: $4,936,110,000,000. Fiscal year 2026: $5,087,789,000,000. Fiscal year 2027: $5,288,850,000,000. Fiscal year 2028: $5,635,713,000,000. Fiscal year 2029: $5,667,301,000,000. Fiscal year 2030: $6,024,068,000,000. Fiscal year 2031: $6,322,190,000,000. (4) Deficits For purposes of the enforcement of this resolution, the amounts of the deficits are as follows: Fiscal year 2022: $1,297,011,000,000. Fiscal year 2023: $1,158,510,000,000. Fiscal year 2024: $1,172,411,000,000. Fiscal year 2025: $1,370,239,000,000. Fiscal year 2026: $1,314,615,000,000. Fiscal year 2027: $1,293,690,000,000. Fiscal year 2028: $1,545,131,000,000. Fiscal year 2029: $1,449,171,000,000. Fiscal year 2030: $1,671,850,000,000. Fiscal year 2031: $1,816,576,000,000. (5) Public debt Pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(a)(5) ), the appropriate levels of the public debt are as follows: Fiscal year 2022: $30,789,000,000,000. Fiscal year 2023: $32,141,000,000,000. Fiscal year 2024: $33,526,000,000,000. Fiscal year 2025: $35,059,000,000,000. Fiscal year 2026: $36,570,000,000,000. Fiscal year 2027: $37,952,000,000,000. Fiscal year 2028: $39,733,000,000,000. Fiscal year 2029: $41,296,000,000,000. Fiscal year 2030: $43,188,000,000,000. Fiscal year 2031: $45,150,000,000,000. (6) Debt held by the public The appropriate levels of debt held by the public are as follows: Fiscal year 2022: $24,622,000,000,000. Fiscal year 2023: $25,826,000,000,000. Fiscal year 2024: $27,153,000,000,000. Fiscal year 2025: $28,678,000,000,000. Fiscal year 2026: $30,219,000,000,000. Fiscal year 2027: $31,776,000,000,000. Fiscal year 2028: $33,737,000,000,000. Fiscal year 2029: $35,521,000,000,000. Fiscal year 2030: $37,692,000,000,000. Fiscal year 2031: $39,987,000,000,000. 1102. Major functional categories Congress determines and declares that the appropriate levels of new budget authority and outlays for fiscal years 2022 through 2031 for each major functional category are: (1) National Defense (050): Fiscal year 2022: (A) New budget authority, $765,704,000,000. (B) Outlays, $763,985,000,000. Fiscal year 2023: (A) New budget authority, $782,245,000,000. (B) Outlays, $770,192,000,000. Fiscal year 2024: (A) New budget authority, $799,520,000,000. (B) Outlays, $776,297,000,000. Fiscal year 2025: (A) New budget authority, $817,214,000,000. (B) Outlays, $794,946,000,000. Fiscal year 2026: (A) New budget authority, $835,351,000,000. (B) Outlays, $810,367,000,000. Fiscal year 2027: (A) New budget authority, $843,873,000,000. (B) Outlays, $821,610,000,000. Fiscal year 2028: (A) New budget authority, $852,499,000,000. (B) Outlays, $836,561,000,000. Fiscal year 2029: (A) New budget authority, $861,191,000,000. (B) Outlays, $834,592,000,000. Fiscal year 2030: (A) New budget authority, $870,003,000,000. (B) Outlays, $848,928,000,000. Fiscal year 2031: (A) New budget authority, $880,156,000,000. (B) Outlays, $858,990,000,000. (2) International Affairs (150): Fiscal year 2022: (A) New budget authority, $68,740,000,000. (B) Outlays, $68,368,000,000. Fiscal year 2023: (A) New budget authority, $66,170,000,000. (B) Outlays, $64,121,000,000. Fiscal year 2024: (A) New budget authority, $67,128,000,000. (B) Outlays, $65,429,000,000. Fiscal year 2025: (A) New budget authority, $68,621,000,000. (B) Outlays, $66,231,000,000. Fiscal year 2026: (A) New budget authority, $70,182,000,000. (B) Outlays, $67,113,000,000. Fiscal year 2027: (A) New budget authority, $71,840,000,000. (B) Outlays, $68,304,000,000. Fiscal year 2028: (A) New budget authority, $73,526,000,000. (B) Outlays, $69,474,000,000. Fiscal year 2029: (A) New budget authority, $75,221,000,000. (B) Outlays, $71,071,000,000. Fiscal year 2030: (A) New budget authority, $76,918,000,000. (B) Outlays, $72,602,000,000. Fiscal year 2031: (A) New budget authority, $78,648,000,000. (B) Outlays, $74,169,000,000. (3) General Science, Space, and Technology (250): Fiscal year 2022: (A) New budget authority, $43,582,000,000. (B) Outlays, $39,492,000,000. Fiscal year 2023: (A) New budget authority, $46,345,000,000. (B) Outlays, $43,900,000,000. Fiscal year 2024: (A) New budget authority, $48,435,000,000. (B) Outlays, $46,597,000,000. Fiscal year 2025: (A) New budget authority, $50,286,000,000. (B) Outlays, $48,830,000,000. Fiscal year 2026: (A) New budget authority, $51,492,000,000. (B) Outlays, $50,050,000,000. Fiscal year 2027: (A) New budget authority, $51,839,000,000. (B) Outlays, $50,449,000,000. Fiscal year 2028: (A) New budget authority, $51,169,000,000. (B) Outlays, $49,783,000,000. Fiscal year 2029: (A) New budget authority, $50,735,000,000. (B) Outlays, $49,415,000,000. Fiscal year 2030: (A) New budget authority, $50,898,000,000. (B) Outlays, $49,548,000,000. Fiscal year 2031: (A) New budget authority, $51,324,000,000. (B) Outlays, $49,936,000,000. (4) Energy (270): Fiscal year 2022: (A) New budget authority, $14,240,000,000. (B) Outlays, $10,032,000,000. Fiscal year 2023: (A) New budget authority, $59,665,000,000. (B) Outlays, $57,248,000,000. Fiscal year 2024: (A) New budget authority, $55,348,000,000. (B) Outlays, $53,858,000,000. Fiscal year 2025: (A) New budget authority, $67,729,000,000. (B) Outlays, $66,867,000,000. Fiscal year 2026: (A) New budget authority, $78,038,000,000. (B) Outlays, $77,647,000,000. Fiscal year 2027: (A) New budget authority, $79,617,000,000. (B) Outlays, $79,511,000,000. Fiscal year 2028: (A) New budget authority, $74,543,000,000. (B) Outlays, $74,164,000,000. Fiscal year 2029: (A) New budget authority, $68,781,000,000. (B) Outlays, $68,174,000,000. Fiscal year 2030: (A) New budget authority, $63,620,000,000. (B) Outlays, $62,932,000,000. Fiscal year 2031: (A) New budget authority, $55,974,000,000. (B) Outlays, $55,198,000,000. (5) Natural Resources and Environment (300): Fiscal year 2022: (A) New budget authority, $60,969,000,000. (B) Outlays, $54,889,000,000. Fiscal year 2023: (A) New budget authority, $70,319,000,000. (B) Outlays, $67,072,000,000. Fiscal year 2024: (A) New budget authority, $78,314,000,000. (B) Outlays, $75,927,000,000. Fiscal year 2025: (A) New budget authority, $85,585,000,000. (B) Outlays, $84,140,000,000. Fiscal year 2026: (A) New budget authority, $88,203,000,000. (B) Outlays, $89,292,000,000. Fiscal year 2027: (A) New budget authority, $85,995,000,000. (B) Outlays, $88,010,000,000. Fiscal year 2028: (A) New budget authority, $79,575,000,000. (B) Outlays, $81,370,000,000. Fiscal year 2029: (A) New budget authority, $72,930,000,000. (B) Outlays, $74,272,000,000. Fiscal year 2030: (A) New budget authority, $68,352,000,000. (B) Outlays, $69,251,000,000. Fiscal year 2031: (A) New budget authority, $68,666,000,000. (B) Outlays, $68,676,000,000. (6) Agriculture (350): Fiscal year 2022: (A) New budget authority, $23,063,000,000. (B) Outlays, $25,334,000,000. Fiscal year 2023: (A) New budget authority, $21,368,000,000. (B) Outlays, $22,442,000,000. Fiscal year 2024: (A) New budget authority, $19,240,000,000. (B) Outlays, $23,187,000,000. Fiscal year 2025: (A) New budget authority, $21,860,000,000. (B) Outlays, $24,614,000,000. Fiscal year 2026: (A) New budget authority, $23,761,000,000. (B) Outlays, $25,151,000,000. Fiscal year 2027: (A) New budget authority, $25,501,000,000. (B) Outlays, $26,471,000,000. Fiscal year 2028: (A) New budget authority, $26,186,000,000. (B) Outlays, $26,499,000,000. Fiscal year 2029: (A) New budget authority, $25,629,000,000. (B) Outlays, $25,874,000,000. Fiscal year 2030: (A) New budget authority, $25,159,000,000. (B) Outlays, $25,989,000,000. Fiscal year 2031: (A) New budget authority, $28,515,000,000. (B) Outlays, $26,284,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2022: (A) New budget authority, $18,105,000,000. (B) Outlays, $42,495,000,000. Fiscal year 2023: (A) New budget authority, $19,284,000,000. (B) Outlays, $29,411,000,000. Fiscal year 2024: (A) New budget authority, $25,017,000,000. (B) Outlays, $22,592,000,000. Fiscal year 2025: (A) New budget authority, $24,785,000,000. (B) Outlays, $19,146,000,000. Fiscal year 2026: (A) New budget authority, $23,609,000,000. (B) Outlays, $15,045,000,000. Fiscal year 2027: (A) New budget authority, $21,752,000,000. (B) Outlays, $12,248,000,000. Fiscal year 2028: (A) New budget authority, $21,992,000,000. (B) Outlays, $12,894,000,000. Fiscal year 2029: (A) New budget authority, $23,789,000,000. (B) Outlays, $13,250,000,000. Fiscal year 2030: (A) New budget authority, $22,410,000,000. (B) Outlays, $10,462,000,000. Fiscal year 2031: (A) New budget authority, $17,548,000,000. (B) Outlays, $6,105,000,000. (8) Transportation (400): Fiscal year 2022: (A) New budget authority, $112,406,000,000. (B) Outlays, $133,738,000,000. Fiscal year 2023: (A) New budget authority, $113,887,000,000. (B) Outlays, $118,957,000,000. Fiscal year 2024: (A) New budget authority, $115,061,000,000. (B) Outlays, $112,082,000,000. Fiscal year 2025: (A) New budget authority, $115,757,000,000. (B) Outlays, $114,226,000,000. Fiscal year 2026: (A) New budget authority, $116,887,000,000. (B) Outlays, $116,667,000,000. Fiscal year 2027: (A) New budget authority, $109,698,000,000. (B) Outlays, $119,447,000,000. Fiscal year 2028: (A) New budget authority, $110,385,000,000. (B) Outlays, $121,240,000,000. Fiscal year 2029: (A) New budget authority, $110,874,000,000. (B) Outlays, $122,515,000,000. Fiscal year 2030: (A) New budget authority, $106,173,000,000. (B) Outlays, $117,702,000,000. Fiscal year 2031: (A) New budget authority, $107,256,000,000. (B) Outlays, $118,633,000,000. (9) Community and Regional Development (450): Fiscal year 2022: (A) New budget authority, $43,543,000,000. (B) Outlays, $47,318,000,000. Fiscal year 2023: (A) New budget authority, $27,007,000,000. (B) Outlays, $33,380,000,000. Fiscal year 2024: (A) New budget authority, $28,430,000,000. (B) Outlays, $34,603,000,000. Fiscal year 2025: (A) New budget authority, $27,461,000,000. (B) Outlays, $34,658,000,000. Fiscal year 2026: (A) New budget authority, $27,839,000,000. (B) Outlays, $35,338,000,000. Fiscal year 2027: (A) New budget authority, $27,744,000,000. (B) Outlays, $35,238,000,000. Fiscal year 2028: (A) New budget authority, $28,136,000,000. (B) Outlays, $35,738,000,000. Fiscal year 2029: (A) New budget authority, $28,524,000,000. (B) Outlays, $36,097,000,000. Fiscal year 2030: (A) New budget authority, $28,943,000,000. (B) Outlays, $36,452,000,000. Fiscal year 2031: (A) New budget authority, $33,429,000,000. (B) Outlays, $38,014,000,000. (10) Education, Training, Employment, and Social Services (500): Fiscal year 2022: (A) New budget authority, $159,805,000,000. (B) Outlays, $208,172,000,000. Fiscal year 2023: (A) New budget authority, $180,462,000,000. (B) Outlays, $225,204,000,000. Fiscal year 2024: (A) New budget authority, $200,600,000,000. (B) Outlays, $249,029,000,000. Fiscal year 2025: (A) New budget authority, $211,940,000,000. (B) Outlays, $243,908,000,000. Fiscal year 2026: (A) New budget authority, $212,123,000,000. (B) Outlays, $226,623,000,000. Fiscal year 2027: (A) New budget authority, $214,568,000,000. (B) Outlays, $218,916,000,000. Fiscal year 2028: (A) New budget authority, $217,422,000,000. (B) Outlays, $218,221,000,000. Fiscal year 2029: (A) New budget authority, $220,255,000,000. (B) Outlays, $219,079,000,000. Fiscal year 2030: (A) New budget authority, $229,691,000,000. (B) Outlays, $228,404,000,000. Fiscal year 2031: (A) New budget authority, $244,488,000,000. (B) Outlays, $242,537,000,000. (11) Health (550): Fiscal year 2022: (A) New budget authority, $853,696,000,000. (B) Outlays, $952,919,000,000. Fiscal year 2023: (A) New budget authority, $804,345,000,000. (B) Outlays, $827,269,000,000. Fiscal year 2024: (A) New budget authority, $800,361,000,000. (B) Outlays, $809,731,000,000. Fiscal year 2025: (A) New budget authority, $830,330,000,000. (B) Outlays, $830,449,000,000. Fiscal year 2026: (A) New budget authority, $855,834,000,000. (B) Outlays, $849,147,000,000. Fiscal year 2027: (A) New budget authority, $876,704,000,000. (B) Outlays, $869,791,000,000. Fiscal year 2028: (A) New budget authority, $908,063,000,000. (B) Outlays, $906,081,000,000. Fiscal year 2029: (A) New budget authority, $940,898,000,000. (B) Outlays, $939,318,000,000. Fiscal year 2030: (A) New budget authority, $982,028,000,000. (B) Outlays, $970,863,000,000. Fiscal year 2031: (A) New budget authority, $1,018,845,000,000. (B) Outlays, $1,017,586,000,000. (12) Medicare (570): Fiscal year 2022: (A) New budget authority, $772,277,000,000. (B) Outlays, $771,930,000,000. Fiscal year 2023: (A) New budget authority, $882,348,000,000. (B) Outlays, $882,065,000,000. Fiscal year 2024: (A) New budget authority, $902,102,000,000. (B) Outlays, $901,899,000,000. Fiscal year 2025: (A) New budget authority, $1,018,540,000,000. (B) Outlays, $1,018,302,000,000. Fiscal year 2026: (A) New budget authority, $1,091,095,000,000. (B) Outlays, $1,090,814,000,000. Fiscal year 2027: (A) New budget authority, $1,168,909,000,000. (B) Outlays, $1,168,581,000,000. Fiscal year 2028: (A) New budget authority, $1,326,565,000,000. (B) Outlays, $1,326,191,000,000. Fiscal year 2029: (A) New budget authority, $1,262,774,000,000. (B) Outlays, $1,262,367,000,000. Fiscal year 2030: (A) New budget authority, $1,425,734,000,000. (B) Outlays, $1,425,284,000,000. Fiscal year 2031: (A) New budget authority, $1,509,905,000,000. (B) Outlays, $1,509,433,000,000. (13) Income Security (600): Fiscal year 2022: (A) New budget authority, $830,063,000,000. (B) Outlays, $867,038,000,000. Fiscal year 2023: (A) New budget authority, $820,620,000,000. (B) Outlays, $836,905,000,000. Fiscal year 2024: (A) New budget authority, $821,754,000,000. (B) Outlays, $811,159,000,000. Fiscal year 2025: (A) New budget authority, $792,146,000,000. (B) Outlays, $780,347,000,000. Fiscal year 2026: (A) New budget authority, $730,424,000,000. (B) Outlays, $725,612,000,000. Fiscal year 2027: (A) New budget authority, $733,601,000,000. (B) Outlays, $724,726,000,000. Fiscal year 2028: (A) New budget authority, $752,515,000,000. (B) Outlays, $749,719,000,000. Fiscal year 2029: (A) New budget authority, $764,277,000,000. (B) Outlays, $749,137,000,000. Fiscal year 2030: (A) New budget authority, $781,991,000,000. (B) Outlays, $772,369,000,000. Fiscal year 2031: (A) New budget authority, $802,900,000,000. (B) Outlays, $792,858,000,000. (14) Social Security (650): Fiscal year 2022: (A) New budget authority, $47,020,000,000. (B) Outlays, $47,020,000,000. Fiscal year 2023: (A) New budget authority, $50,129,000,000. (B) Outlays, $50,129,000,000. Fiscal year 2024: (A) New budget authority, $53,591,000,000. (B) Outlays, $53,591,000,000. Fiscal year 2025: (A) New budget authority, $57,355,000,000. (B) Outlays, $57,355,000,000. Fiscal year 2026: (A) New budget authority, $67,932,000,000. (B) Outlays, $67,932,000,000. Fiscal year 2027: (A) New budget authority, $74,299,000,000. (B) Outlays, $74,299,000,000. Fiscal year 2028: (A) New budget authority, $79,053,000,000. (B) Outlays, $79,053,000,000. Fiscal year 2029: (A) New budget authority, $84,197,000,000. (B) Outlays, $84,197,000,000. Fiscal year 2030: (A) New budget authority, $89,406,000,000. (B) Outlays, $89,406,000,000. Fiscal year 2031: (A) New budget authority, $93,932,000,000. (B) Outlays, $93,932,000,000. (15) Veterans Benefits and Services (700): Fiscal year 2022: (A) New budget authority, $274,340,000,000. (B) Outlays, $282,071,000,000. Fiscal year 2023: (A) New budget authority, $279,810,000,000. (B) Outlays, $279,868,000,000. Fiscal year 2024: (A) New budget authority, $288,676,000,000. (B) Outlays, $276,026,000,000. Fiscal year 2025: (A) New budget authority, $297,105,000,000. (B) Outlays, $299,907,000,000. Fiscal year 2026: (A) New budget authority, $305,075,000,000. (B) Outlays, $307,739,000,000. Fiscal year 2027: (A) New budget authority, $313,512,000,000. (B) Outlays, $316,417,000,000. Fiscal year 2028: (A) New budget authority, $322,020,000,000. (B) Outlays, $336,852,000,000. Fiscal year 2029: (A) New budget authority, $331,220,000,000. (B) Outlays, $315,456,000,000. Fiscal year 2030: (A) New budget authority, $340,439,000,000. (B) Outlays, $338,867,000,000. Fiscal year 2031: (A) New budget authority, $350,829,000,000. (B) Outlays, $349,032,000,000. (16) Administration of Justice (750): Fiscal year 2022: (A) New budget authority, $80,614,000,000. (B) Outlays, $78,094,000,000. Fiscal year 2023: (A) New budget authority, $77,444,000,000. (B) Outlays, $77,431,000,000. Fiscal year 2024: (A) New budget authority, $78,904,000,000. (B) Outlays, $78,533,000,000. Fiscal year 2025: (A) New budget authority, $79,626,000,000. (B) Outlays, $78,861,000,000. Fiscal year 2026: (A) New budget authority, $81,223,000,000. (B) Outlays, $80,382,000,000. Fiscal year 2027: (A) New budget authority, $82,849,000,000. (B) Outlays, $81,809,000,000. Fiscal year 2028: (A) New budget authority, $84,495,000,000. (B) Outlays, $83,423,000,000. Fiscal year 2029: (A) New budget authority, $86,184,000,000. (B) Outlays, $85,004,000,000. Fiscal year 2030: (A) New budget authority, $87,881,000,000. (B) Outlays, $86,642,000,000. Fiscal year 2031: (A) New budget authority, $96,549,000,000. (B) Outlays, $94,529,000,000. (17) General Government (800): Fiscal year 2022: (A) New budget authority, $48,565,000,000. (B) Outlays, $111,629,000,000. Fiscal year 2023: (A) New budget authority, $29,912,000,000. (B) Outlays, $33,642,000,000. Fiscal year 2024: (A) New budget authority, $30,382,000,000. (B) Outlays, $32,557,000,000. Fiscal year 2025: (A) New budget authority, $30,935,000,000. (B) Outlays, $33,585,000,000. Fiscal year 2026: (A) New budget authority, $31,538,000,000. (B) Outlays, $33,016,000,000. Fiscal year 2027: (A) New budget authority, $32,168,000,000. (B) Outlays, $33,540,000,000. Fiscal year 2028: (A) New budget authority, $32,798,000,000. (B) Outlays, $33,807,000,000. Fiscal year 2029: (A) New budget authority, $33,432,000,000. (B) Outlays, $33,024,000,000. Fiscal year 2030: (A) New budget authority, $34,103,000,000. (B) Outlays, $33,539,000,000. Fiscal year 2031: (A) New budget authority, $35,123,000,000. (B) Outlays, $34,544,000,000. (18) Net Interest (900): Fiscal year 2022: (A) New budget authority, $373,011,000,000. (B) Outlays, $373,011,000,000. Fiscal year 2023: (A) New budget authority, $378,542,000,000. (B) Outlays, $378,542,000,000. Fiscal year 2024: (A) New budget authority, $407,539,000,000. (B) Outlays, $407,539,000,000. Fiscal year 2025: (A) New budget authority, $464,069,000,000. (B) Outlays, $464,069,000,000. Fiscal year 2026: (A) New budget authority, $541,134,000,000. (B) Outlays, $541,134,000,000. Fiscal year 2027: (A) New budget authority, $623,392,000,000. (B) Outlays, $623,392,000,000. Fiscal year 2028: (A) New budget authority, $719,805,000,000. (B) Outlays, $719,805,000,000. Fiscal year 2029: (A) New budget authority, $813,280,000,000. (B) Outlays, $813,280,000,000. Fiscal year 2030: (A) New budget authority, $918,333,000,000. (B) Outlays, $918,333,000,000. Fiscal year 2031: (A) New budget authority, $1,025,810,000,000. (B) Outlays, $1,025,810,000,000. (19) Allowances (920): Fiscal year 2022: (A) New budget authority, $11,507,000,000. (B) Outlays, $17,129,000,000. Fiscal year 2023: (A) New budget authority, −$14,188,000,000. (B) Outlays, −$2,706,000,000. Fiscal year 2024: (A) New budget authority, −$11,538,000,000. (B) Outlays, −$6,811,000,000. Fiscal year 2025: (A) New budget authority, −$9,499,000,000. (B) Outlays, −$7,389,000,000. Fiscal year 2026: (A) New budget authority, −$8,979,000,000. (B) Outlays, −$7,646,000,000. Fiscal year 2027: (A) New budget authority, −$7,240,000,000. (B) Outlays, −$6,478,000,000. Fiscal year 2028: (A) New budget authority, −$5,238,000,000. (B) Outlays, −$4,559,000,000. Fiscal year 2029: (A) New budget authority, −$5,126,000,000. (B) Outlays, −$3,651,000,000. Fiscal year 2030: (A) New budget authority, −$5,898,000,000. (B) Outlays, −$3,393,000,000. Fiscal year 2031: (A) New budget authority, $2,530,000,000. (B) Outlays, $1,034,000,000. (20) Undistributed Offsetting Receipts (950): Fiscal year 2022: (A) New budget authority, −$183,888,000,000. (B) Outlays, −$191,273,000,000. Fiscal year 2023: (A) New budget authority, −$116,355,000,000. (B) Outlays, −$123,615,000,000. Fiscal year 2024: (A) New budget authority, −$109,511,000,000. (B) Outlays, −$109,116,000,000. Fiscal year 2025: (A) New budget authority, −$111,761,000,000. (B) Outlays, −$116,941,000,000. Fiscal year 2026: (A) New budget authority, −$115,184,000,000. (B) Outlays, −$113,634,000,000. Fiscal year 2027: (A) New budget authority, −$118,981,000,000. (B) Outlays, −$117,431,000,000. Fiscal year 2028: (A) New budget authority, −$122,423,000,000. (B) Outlays, −$120,603,000,000. Fiscal year 2029: (A) New budget authority, −$126,990,000,000. (B) Outlays, −$125,170,000,000. Fiscal year 2030: (A) New budget authority, −$131,662,000,000. (B) Outlays, −$130,112,000,000. Fiscal year 2031: (A) New budget authority, −$136,520,000,000. (B) Outlays, −$135,110,000,000. B Levels and amounts in the Senate 1201. Social Security in the Senate (a) Social Security Revenues For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of revenues of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2022: $989,019,000,000. Fiscal year 2023: $1,084,547,000,000. Fiscal year 2024: $1,128,287,000,000. Fiscal year 2025: $1,167,700,000,000. Fiscal year 2026: $1,211,081,000,000. Fiscal year 2027: $1,257,670,000,000. Fiscal year 2028: $1,305,822,000,000. Fiscal year 2029: $1,354,109,000,000. Fiscal year 2030: $1,401,701,000,000. Fiscal year 2031: $1,451,146,000,000. (b) Social Security Outlays For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2022: $1,073,387,000,000. Fiscal year 2023: $1,153,424,000,000. Fiscal year 2024: $1,231,164,000,000. Fiscal year 2025: $1,311,894,000,000. Fiscal year 2026: $1,389,018,000,000. Fiscal year 2027: $1,472,602,000,000. Fiscal year 2028: $1,566,258,000,000. Fiscal year 2029: $1,662,981,000,000. Fiscal year 2030: $1,764,408,000,000. Fiscal year 2031: $1,868,859,000,000. (c) Social Security Administrative Expenses In the Senate, the amounts of new budget authority and budget outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for administrative expenses are as follows: Fiscal year 2022: (A) New budget authority, $6,339,000,000. (B) Outlays, $6,311,000,000. Fiscal year 2023: (A) New budget authority, $6,541,000,000. (B) Outlays, $6,490,000,000. Fiscal year 2024: (A) New budget authority, $6,757,000,000. (B) Outlays, $6,700,000,000. Fiscal year 2025: (A) New budget authority, $6,969,000,000. (B) Outlays, $6,912,000,000. Fiscal year 2026: (A) New budget authority, $7,185,000,000. (B) Outlays, $7,128,000,000. Fiscal year 2027: (A) New budget authority, $7,405,000,000. (B) Outlays, $7,347,000,000. Fiscal year 2028: (A) New budget authority, $7,631,000,000. (B) Outlays, $7,571,000,000. Fiscal year 2029: (A) New budget authority, $7,862,000,000. (B) Outlays, $7,800,000,000. Fiscal year 2030: (A) New budget authority, $8,098,000,000. (B) Outlays, $8,035,000,000. Fiscal year 2031: (A) New budget authority, $8,343,000,000. (B) Outlays, $8,278,000,000. 1202. Postal Service discretionary administrative expenses in the Senate In the Senate, the amounts of new budget authority and budget outlays of the Postal Service for discretionary administrative expenses are as follows: Fiscal year 2022: (A) New budget authority, $278,000,000. (B) Outlays, $278,000,000. Fiscal year 2023: (A) New budget authority, $287,000,000. (B) Outlays, $287,000,000. Fiscal year 2024: (A) New budget authority, $299,000,000. (B) Outlays, $298,000,000. Fiscal year 2025: (A) New budget authority, $310,000,000. (B) Outlays, $310,000,000. Fiscal year 2026: (A) New budget authority, $321,000,000. (B) Outlays, $320,000,000. Fiscal year 2027: (A) New budget authority, $332,000,000. (B) Outlays, $332,000,000. Fiscal year 2028: (A) New budget authority, $344,000,000. (B) Outlays, $343,000,000. Fiscal year 2029: (A) New budget authority, $356,000,000. (B) Outlays, $355,000,000. Fiscal year 2030: (A) New budget authority, $368,000,000. (B) Outlays, $367,000,000. Fiscal year 2031: (A) New budget authority, $381,000,000. (B) Outlays, $380,000,000. II Reconciliation 2001. Reconciliation in the Senate (a) Committee on Agriculture, Nutrition, and Forestry The Committee on Agriculture, Nutrition, and Forestry of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $135,000,000,000 for the period of fiscal years 2022 through 2031. (b) Committee on Banking, Housing, and Urban Affairs The Committee on Banking, Housing, and Urban Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $332,000,000,000 for the period of fiscal years 2022 through 2031. (c) Committee on Commerce, Science, and Transportation The Committee on Commerce, Science, and Transportation of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $83,076,000,000 for the period of fiscal years 2022 through 2031. (d) Committee on Energy and Natural Resources The Committee on Energy and Natural Resources of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $198,000,000,000 for the period of fiscal years 2022 through 2031. (e) Committee on Environment and Public Works The Committee on Environment and Public Works of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $67,264,000,000 for the period of fiscal years 2022 through 2031. (f) Committee on Finance The Committee on Finance of the Senate shall report changes in laws within its jurisdiction that reduce the deficit by not less than $1,000,000,000 for the period of fiscal years 2022 through 2031. (g) Committee on Health, Education, Labor, and Pensions The Committee on Health, Education, Labor, and Pensions of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $726,380,000,000 for the period of fiscal years 2022 through 2031. (h) Committee on Homeland Security and Governmental Affairs The Committee on Homeland Security and Governmental Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $37,000,000,000 for the period of fiscal years 2022 through 2031. (i) Committee on Indian Affairs The Committee on Indian Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $20,500,000,000 for the period of fiscal years 2022 through 2031. (j) Committee on the Judiciary The Committee on the Judiciary of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $107,500,000,000 for the period of fiscal years 2022 through 2031. (k) Committee on Small Business and Entrepreneurship The Committee on Small Business and Entrepreneurship of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $25,000,000,000 for the period of fiscal years 2022 through 2031. (l) Committee on Veterans’ Affairs The Committee on Veterans’ Affairs of the Senate shall report changes in laws within its jurisdiction that increase the deficit by not more than $18,000,000,000 for the period of fiscal years 2022 through 2031. (m) Submissions In the Senate, not later than September 15, 2021, the Committees named in the subsections of this section shall submit their recommendations to the Committee on the Budget of the Senate. Upon receiving all such recommendations, the Committee on the Budget of the Senate shall report to the Senate a reconciliation bill carrying out all such recommendations without any substantive revision. 2002. Reconciliation in the House of Representatives (a) Committee on Agriculture The Committee on Agriculture of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $89,100,000,000 for the period of fiscal years 2022 through 2031. (b) Committee on Education and Labor The Committee on Education and Labor of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $779,500,000,000 for the period of fiscal years 2022 through 2031. (c) Committee on Energy and Commerce The Committee on Energy and Commerce of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $486,500,000,000 for the period of fiscal years 2022 through 2031. (d) Committee on Financial Services The Committee on Financial Services of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $339,000,000,000 for the period of fiscal years 2022 through 2031. (e) Committee on Homeland Security The Committee on Homeland Security of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $500,000,000 for the period of fiscal years 2022 through 2031. (f) Committee on the Judiciary The Committee on the Judiciary of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $107,500,000,000 for the period of fiscal years 2022 through 2031. (g) Committee on Natural Resources The Committee on Natural Resources of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $25,600,000,000 for the period of fiscal years 2022 through 2031. (h) Committee on Oversight and Reform The Committee on Oversight and Reform of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $7,500,000,000 for the period of fiscal years 2022 through 2031. (i) Committee on Science, Space, and Technology The Committee on Science, Space, and Technology of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $45,510,000,000 for the period of fiscal years 2022 through 2031. (j) Committee on Small Business The Committee on Small Business of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $17,500,000,000 for the period of fiscal years 2022 through 2031. (k) Committee on Transportation and Infrastructure The Committee on Transportation and Infrastructure of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $60,000,000,000 for the period of fiscal years 2022 through 2031. (l) Committee on Veterans’ Affairs The Committee on Veterans’ Affairs of the House of Representatives shall report changes in laws within its jurisdiction that increase the deficit by not more than $18,000,000,000 for the period of fiscal years 2022 through 2031. (m) Committee on Ways and Means The Committee on Ways and Means of the House of Representatives shall report changes in laws within its jurisdiction that reduce the deficit by not less than $1,000,000,000 for the period of fiscal years 2022 through 2031. (n) Submissions In the House of Representatives, not later than September 15, 2021, the committees named in the subsections of this section shall submit their recommendations to the Committee on the Budget of the House of Representatives to carry out this section. III Reserve funds 3001. Reserve fund for legislation that won’t raise taxes on people making less than $400,000 in the Senate The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to changes in revenues, without raising taxes on people making less than $400,000, by the amounts in such legislation for those purposes, provided that such legislation would not increase the deficit for the time period of fiscal year 2022 to fiscal year 2031. 3002. Reserve fund for reconciliation legislation (a) Senate (1) In general The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for any bill or joint resolution considered pursuant to section 2001 containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the budgetary effects of the legislation, if the budgetary effects of the legislation comply with the reconciliation instructions under this concurrent resolution, except that no adjustment shall be made pursuant to this subsection if such legislation raises taxes on people making less than $400,000. (2) Determination of compliance For purposes of this subsection, compliance with the reconciliation instructions under this concurrent resolution shall be determined by the Chairman of the Committee on the Budget of the Senate. (3) Exceptions for legislation (A) Short-term Section 404 of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, as amended by section 3201(b)(2) of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall not apply to legislation for which the Chairman of the Committee on the Budget of the Senate has exercised the authority under paragraph (1). (B) Long-term Section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, shall not apply to legislation for which the Chairman of the Committee on the Budget of the Senate has exercised the authority under paragraph (1). (b) House of Representatives (1) In general In the House of the Representatives, the chair of the Committee on the Budget may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this concurrent resolution for any bill or joint resolution considered pursuant to this concurrent resolution containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the budgetary effects of the legislation. (2) Exception for legislation The point of order set forth in clause 10 of rule XXI of the House of Representatives shall not apply to reconciliation legislation reported by the Committee on the Budget pursuant to submissions under this concurrent resolution. 3003. Reserve fund (a) Senate The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports by the amounts provided in such legislation, provided that such legislation would not increase the deficit for the time period of fiscal year 2022 to fiscal year 2031. (b) House of Representatives The chair of the Committee on the Budget of the House of Representatives may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this concurrent resolution for one or more bills, joint resolutions, amendments, or conference reports by the amounts provided in such legislation, provided that such legislation would not increase the deficit for the following time periods: fiscal year 2022 to fiscal year 2026 and fiscal year 2022 to fiscal year 2031. 3004. Deficit-neutral reserve fund to prohibit the Green New Deal The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal greenhouse gas restrictions, which may include limiting or prohibiting legislation or regulations to implement the Green New Deal, to ship United States companies and jobs overseas, to impose soaring electricity, gasoline, home heating oil, and other energy prices on working class families, or to make the United States increasingly dependent on foreign supply chains, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3005. Reserve fund relating to addressing the crisis of climate change The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to addressing the crisis of climate change through new policies that create jobs, reduce pollution, and strengthen the economy of the United States by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. 3006. Deficit-neutral reserve fund relating to supporting privately-held businesses, farms, and ranches The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to protecting privately-held businesses, farms, and ranches, which may include— (1) preserving the tax principles in effect as of the date of the adoption of this resolution which are applicable to owning, operating, or transferring such businesses, farms, and ranches, (2) preserving the full benefit of the step-up in basis for assets acquired from a decedent, or (3) extending tax relief for such businesses, farms or ranches, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3007. Deficit-neutral reserve fund relating to promoting US competitiveness and innovation by supporting research and development The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to supporting United States economic competitiveness and innovation, which may include expanding the research and development tax credit for small businesses and preserving full expensing for research and development investments, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3008. Reserve fund relating to protecting taxpayer privacy while ensuring those evading the tax system pay what they owe The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to strengthening Federal tax administration, which may include requiring reporting on large financial account balances to ensure those evading the tax system pay what they owe while protecting the privacy of American taxpayer and small business tax information, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. 3009. Deficit-neutral reserve fund to prohibit the Council on Environmental Quality and Environmental Protection Agency from promulgating rules or guidance that bans fracking in the United States The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to the National Environmental Policy Act of 1969 and environmental laws and policies, which may include limiting or prohibiting the Chair of the Council on Environmental Quality and the Administrator of the Environmental Protection Agency from proposing, finalizing, or implementing a rule or guidance that bans fracking in the United States by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3010. Deficit-neutral reserve fund relating to facilitating improved internet service for Cuban citizens The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving the National Telecommunications and Information Administration, which may include ensuring that the internet is an engine for innovation and economic growth for the Cuban people, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3011. Deficit-neutral reserve fund relating to adjusting Federal funding for local jurisdictions The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to adjustments to Federal funds for local governments within the jurisdiction of the committees receiving reconciliation instructions under section 2001 of this resolution, which may include limiting or eliminating Federal payments, other than grants under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. ) (commonly known as the Byrne JAG grant program ) or section 1701 of title I of such Act ( 34 U.S.C. 10381 ) (commonly known as the COPS grant program ), to local governments that defund the police, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3012. Reserve fund relating to honoring the Capitol Police, DC Metropolitan Police, and first responders The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to honoring the United States Capitol Police, the District of Columbia Metropolitan Police, and all other first responders, who fought and died protecting Congress and the United States Capitol from the mob of insurrectionists on January 6th, 2021, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. 3013. Deficit-neutral reserve fund relating to supporting or expediting the deployment of carbon capture, utilization, and sequestration technologies The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal environmental and energy policies, which may include supporting or expediting the deployment of carbon capture, utilization, and sequestration technologies (including technologies that may be used on coal- and natural gas-fired power plants) in the United States to lower emissions and to increase the use of captured carbon dioxide for valuable products and enhanced oil recovery, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3014. Deficit-neutral reserve fund relating to policies or legislation to prohibit the Department of Agriculture from making ineligible for financing fossil fuel-burning power plants The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to agriculture policy, which may include prohibiting or limiting the Department of Agriculture from making ineligible for financing the construction, maintenance, or improvement of fossil fuel-burning power plants by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3015. Deficit-neutral reserve fund relating to the provisions of the American Rescue Plan Act The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to limitations on Federal relief funds for State or local governments, which may include lifting or prohibiting restrictions related to modifications to a State's or territory's tax revenue source, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3016. Deficit-neutral reserve fund relating to means-testing electric vehicle tax credits The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to means-testing electric vehicle tax credits, which may include limiting eligibility of individuals with an adjusted gross income of greater than $100,000 or setting maximum car values allowed for eligible purchases at $40,000, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3017. Deficit-neutral reserve fund relating to prohibiting or limiting the issuance of costly Clean Air Act permit requirements on farmers and ranchers in the United States or the imposition of new Federal methane requirements on livestock The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal environmental policies under the Clean Air Act ( 42 U.S.C. 7401 et seq. ), which may include prohibiting or limiting the issuance of costly permit requirements under that Act on farmers and ranchers in the United States or the imposition of any new Federal methane requirements on livestock that would have the effect of increasing the cost of beef and other critical products, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3018. Deficit-neutral reserve fund relating to funding of the Office of Foreign Assets Control The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to funding of the Office of Foreign Assets Control, which may include additional resources for enforcement activities or additional sanctions against terrorist organizations, including those in the Gaza Strip and their members, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3019. Deficit-neutral reserve fund relating to abortion funding The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving health programs, which may include prohibiting funding for abortions consistent with the Hyde amendment or limitations on Federal funding to State or local governments that discriminate against entities who refuse to participate in abortion consistent with the Weldon amendment, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3020. Deficit-neutral reserve fund relating to ensuring robust, secure, and humane supply chains, sourced by the United States and allies of the United States, for renewable energy materials, technology, and critical minerals The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal energy policy, which may include ensuring robust, secure, and humane supply chains for renewable energy products and critical minerals and prohibiting or limiting renewable energy projects funded or subsidized by Federal funds from purchasing materials, technology, and critical minerals produced in China, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3021. Reserve fund relating to ensuring robust, secure, and humane supply chains by prohibiting the use of Federal funds to purchase materials, technology, and critical minerals produced, manufactured, or mined with forced labor The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to ensuring robust, secure, and humane supply chains by prohibiting the use of Federal funds to purchase materials, technology, and critical minerals produced, manufactured, or mined with forced labor by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. 3022. Reserve fund relating to Great Lakes ice breaking operational improvements The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving Coast Guard operations, which may include funding for the acquisition, design, and construction of a Great Lakes heavy icebreaker, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over the period of the total of fiscal years 2022 through 2031. 3023. Deficit-neutral reserve fund relating to immigration enforcement and addressing the humanitarian crisis at the southern border The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to immigration enforcement, which may include strengthening enforcement of immigration laws to address the humanitarian crisis at the southern border, dramatically increasing funding for smart and effective border security measures, improving asylum processing, and reducing immigration court backlogs, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3024. Deficit-neutral reserve fund relating to providing quality education for children The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to providing quality education for the children of the United States, which may include prohibiting or limiting Federal funding from being used to promote critical race theory or compel teachers or students to affirm critical race theory in prekindergarten programs, elementary schools, and secondary schools, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3025. Deficit-neutral reserve fund relating to hiring 100,000 new police officers The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to public safety, which may include funding the hiring of 100,000 new police officers nationwide, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3026. Deficit-neutral reserve fund relating to preventing electricity blackouts and improving electricity reliability The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal environmental and energy policies, which may include promoting the increased deployment and use of, or supporting the expansion of, baseload power resources in the United States, including coal-fired and natural gas-fired power plants with carbon capture, utilization, and sequestration technologies and nuclear power to prevent blackouts and improve electric reliability, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3027. Deficit-neutral reserve fund relating to protecting migrants and local communities against COVID–19 The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to protecting migrants and local communities against COVID–19, which may include resources for testing and treatment of migrants at the United States border, resources for quarantining migrants who test positive, or prohibiting migrants who have not received a negative COVID–19 test from being transported elsewhere, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3028. Deficit-neutral reserve fund relating to studying and providing for tax equivalency under the payments in lieu of taxes program The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to studying and providing for tax equivalency under the payments in lieu of taxes program established under chapter 69 of title 31, United States Code, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3029. Deficit-neutral reserve fund relating to preventing tax increases on small businesses The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to preventing tax increases on small businesses by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3030. Deficit-neutral reserve fund relating to providing sufficient resources to detain and deport a higher number of aliens who have been convicted of a crime The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to ensuring that U.S. Immigration and Customs Enforcement has sufficient resources to detain and deport a higher number of illegal aliens who have been convicted of a criminal offense in the United States, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. 3031. Deficit-neutral reserve fund relating to maintaining the current law tax treatment of like kind exchanges The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to maintaining the current law tax treatment of like kind exchanges under the Internal Revenue Code of 1986 by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2022 through 2026 or the period of the total of fiscal years 2022 through 2031. IV Other matters 4001. Emergency legislation (a) Senate (1) Authority to designate In the Senate, with respect to a provision of direct spending or receipts legislation or appropriations for discretionary accounts that Congress designates as an emergency requirement in such measure, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purpose of this subsection. (2) Exemption of emergency provisions Any new budget authority, outlays, and receipts resulting from any provision designated as an emergency requirement, pursuant to this subsection, in any bill, joint resolution, amendment, amendment between the Houses, or conference report shall not count for purposes of sections 302 and 311 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 , 642), section 404(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010, section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, and section 4106 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. (3) Designations If a provision of legislation is designated as an emergency requirement under this subsection, the committee report and any statement of managers accompanying that legislation shall include an explanation of the manner in which the provision meets the criteria in paragraph (5). (4) Definitions In this subsection, the terms direct spending , receipts , and appropriations for discretionary accounts mean any provision of a bill, joint resolution, amendment, motion, amendment between the Houses, or conference report that affects direct spending, receipts, or appropriations as those terms have been defined and interpreted for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ). (5) Criteria (A) In general For purposes of this subsection, any provision is an emergency requirement if the situation addressed by such provision is— (i) necessary, essential, or vital (not merely useful or beneficial); (ii) sudden, quickly coming into being, and not building up over time; (iii) an urgent, pressing, and compelling need requiring immediate action; (iv) subject to subparagraph (B), unforeseen, unpredictable, and unanticipated; and (v) not permanent, temporary in nature. (B) Unforeseen An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen. (6) Repeal In the Senate, section 4112 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, shall no longer apply. (b) House of representatives (1) In general In the House of Representatives, if a bill, joint resolution, amendment, or conference report contains a provision providing new budget authority and outlays or reducing revenue, and a designation of such provision as emergency requirement, the chair of the Committee on the Budget of the House of Representatives shall not count the budgetary effects of such provision for any purpose in the House of Representatives. (2) Proposal to strike A proposal to strike a designation under paragraph (1) shall be excluded from an evaluation of budgetary effects for any purpose in the House of Representatives. (3) Amendment to reduce amounts An amendment offered under paragraph (2) that also proposes to reduce each amount appropriated or otherwise made available by the pending measure that is not required to be appropriated or otherwise made available shall be in order at any point in the reading of the pending measure. (4) References (A) In general All references to section 1(f) of H. Res. 467 (117th Congress) in any bill or joint resolution, or an amendment thereto or conference report thereon, shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution. (B) BBEDCA All references to a designation by the Congress for an emergency requirement pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) ) for amounts for fiscal year 2022 or succeeding fiscal years in any legislation implementing a bipartisan infrastructure agreement shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution. 4002. Point of order against advance appropriations in the Senate (a) In general (1) Point of order Except as provided in subsection (b), it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would provide an advance appropriation for a discretionary account. (2) Definition In this section, the term advance appropriation means any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2022 that first becomes available for any fiscal year after 2022, or any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2023, that first becomes available for any fiscal year after 2023. (b) Exceptions Advance appropriations may be provided— (1) for fiscal years 2023 and 2024 for programs, projects, activities, or accounts identified in the joint explanatory statement of managers accompanying this resolution under the heading Accounts Identified for Advance Appropriations in an aggregate amount not to exceed $28,852,000,000 in new budget authority in each fiscal year; (2) for the Corporation for Public Broadcasting; (3) for the Department of Veterans Affairs for the Medical Services, Medical Community Care, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration; (4) for legislation implementing a bipartisan infrastructure agreement, as determined by the Chairman of the Committee on the Budget of the Senate; and (5) for the Department of Health and Human Services for the Indian Health Services and Indian Health Facilities accounts— (A) in an amount that is not more than the amount provided for fiscal year 2022 in a bill or joint resolution making appropriations for fiscal year 2022; and (B) in an amount that is not more than the amount provided for fiscal year 2023 in a bill or joint resolution making appropriations for fiscal year 2023. (c) Supermajority waiver and appeal (1) Waiver In the Senate, subsection (a) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. (2) Appeal An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). (d) Form of point of order A point of order under subsection (a) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (e) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. 4003. Point of order against advance appropriations in the House of Representatives (a) In general In the House of Representatives, except as provided in subsection (b), any general appropriation bill or bill or joint resolution continuing appropriations, or an amendment thereto or conference report thereon, may not provide an advance appropriation. (b) Exceptions An advance appropriation may be provided for programs, activities, or accounts identified in lists submitted for printing in the Congressional Record by the chair of the Committee on the Budget— (1) for fiscal year 2023, under the heading Accounts Identified for Advance Appropriations in an aggregate amount not to exceed $28,852,000,000 in new budget authority, and for fiscal year 2024, accounts separately identified under the same heading; and (2) for fiscal year 2023, under the heading Veterans Accounts Identified for Advance Appropriations . (c) Definition In this section, the term advance appropriation means any new discretionary budget authority provided in a general appropriation bill or bill or joint resolution continuing appropriations for fiscal year 2022, or an amendment thereto or conference report thereon, that first becomes available following fiscal year 2022. 4004. Program integrity initiatives and other adjustments in the Senate (a) In general In the Senate, after the reporting of a bill or joint resolution relating to any matter described in subsection (b) or the adoption of a motion to proceed to, the offering of an amendment to, the laying before the Senate of an amendment between the Houses to, or the submission of a conference report on such a bill or joint resolution— (1) the Chairman of the Committee on the Budget of the Senate may adjust the budgetary aggregates and allocations pursuant to section 302(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a) ) by the amount of new budget authority in that measure for that purpose and the outlays flowing therefrom; and (2) following any adjustment under paragraph (1), the Committee on Appropriations of the Senate may report appropriately revised suballocations pursuant to section 302(b) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(b) ) to carry out this section. (b) Matters described Matters referred to in subsection (a) are as follows: (1) Continuing disability reviews and redeterminations (A) In general If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for continuing disability reviews under titles II and XVI of the Social Security Act ( 42 U.S.C. 401 et seq. , 1381 et seq.), for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys, then the adjustment shall be the additional new budget authority specified in such measure for such costs for fiscal year 2022, but shall not exceed $1,435,000,000. (B) Definitions As used in this paragraph— (i) the term additional new budget authority means the amount provided for fiscal year 2022, in excess of $273,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for the costs of continuing disability reviews, redeterminations, cooperative disability investigation units, and the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys under the heading Limitation on Administrative Expenses for the Social Security Administration; (ii) the term continuing disability reviews means continuing disability reviews under sections 221(i) and 1614(a)(4) of the Social Security Act ( 42 U.S.C. 421(i) , 1382c(a)(4)), including work-related continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity; and (iii) the term redetermination means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(H) of the Social Security Act ( 42 U.S.C. 1382(c)(1) , 1382c(a)(3)(H)). (2) Internal revenue service enforcement (A) In general If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for tax enforcement activities, including tax compliance to address the Federal tax gap (including an amount for Internal Revenue Service Enforcement (account 020–0913), for Internal Revenue Service Operations Support (account 020–0919), for Internal Revenue Service Business Systems Modernization (account 020–0921), or for Internal Revenue Service Taxpayer Services (account 020–0912)), then the adjustment shall be the additional new budget authority specified in such measure for fiscal year 2022, but shall not exceed $417,000,000. (B) Definition In this paragraph, the term additional new budget authority means the amount provided for fiscal year 2022, in excess of $11,919,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for tax enforcement activities, including tax compliance to address the Federal tax gap, for Internal Revenue Service Enforcement (account 020–0913), Internal Revenue Service Operations Support (account 020–0919), Internal Revenue Service Business Systems Modernization (account 020–0921), or Internal Revenue Service Taxpayer Services (account 020–0912). (3) Health care fraud and abuse control (A) In general If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for the health care fraud abuse control program at the Department of Health and Human Services (75–8393–0–7–571), then the adjustment shall be the additional new budget authority specified in such measure for such program for fiscal year 2022, but shall not exceed $556,000,000. (B) Definition As used in this paragraph, the term additional new budget authority means the amount provided for fiscal year 2022, in excess of $317,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for the health care fraud abuse control program at the Department of Health and Human Services (75–8393–0–7–571). (4) Reemployment services and eligibility assessments (A) In general If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for grants to States under section 306 of the Social Security Act ( 42 U.S.C. 506 ) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, then the adjustment shall be the additional new budget authority specified in such measure for such grants for fiscal year 2022, but shall not exceed $133,000,000. (B) Definition As used in this paragraph, the term additional new budget authority means the amount provided for fiscal year 2022, in excess of $117,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for grants to States under section 306 of the Social Security Act ( 42 U.S.C. 506 ) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits. (5) Wildfire suppression (A) Additional new budget authority If, for any of fiscal years 2022 through 2027, a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for such a fiscal year provides an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that measure for wildfire suppression operations for that fiscal year, but shall not exceed the amount for that fiscal year specified in section 251(b)(2)(F)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(F)(i) ). (B) Definitions As used in this paragraph, the terms additional new budget authority and wildfire suppression operations have the meanings given those terms in section 251(b)(2)(F)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(F)(ii) ). (6) Disaster relief (A) Additional new budget authority If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 provides an amount for disaster relief, the adjustment for fiscal year 2022 shall be the total of such appropriations for fiscal year 2022 designated as being for disaster relief, but not to exceed the amount equal to the total amount calculated for fiscal year 2022 in accordance with the formula in section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(D)(i) ), except that such formula shall be applied by substituting fiscal years 2012 through 2022 for fiscal years 2012 through 2021 . (B) Definition As used in this paragraph, the term disaster relief means activities carried out pursuant to a determination under section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(2) ). (7) Veterans medical care (A) In general If a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for veterans medical care (in the Medical Services, Medical Community Care, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration), then the adjustment shall be the additional new budget authority specified in such measure for such medical care for fiscal year 2022, but shall not exceed $7,602,000,000. (B) Definition As used in this paragraph, the term additional new budget authority means the amount provided for fiscal year 2022, in excess of $89,849,000,000, in a bill, joint resolution, amendment, amendment between the Houses, or conference report making discretionary appropriations and specified to pay for veterans medical care. (c) Application of adjustments The adjustments made pursuant to subsection (a) for legislation shall— (1) apply while that legislation is under consideration; (2) take effect upon the enactment of that legislation; and (3) be published in the Congressional Record as soon as practicable. 4005. Program integrity initiatives and other adjustments in the House of Representatives (a) Adjustment for continuing disability reviews and redeterminations In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows: (1) In general If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for continuing disability reviews under titles II and XVI of the Social Security Act ( 42 U.S.C. 401 et seq. , 1381 et seq.), for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys, then the adjustment shall be the additional new budget authority specified in such measure for such purpose, but shall not exceed $1,435,000,000. (2) Definitions As used in this subsection— (A) the term additional new budget authority means the amount provided for fiscal year 2022, in excess of $273,000,000, in a bill, joint resolution, amendment, or conference report and specified to pay for the costs of continuing disability reviews, redeterminations, co-operative disability investigation units, and fraud prosecutions under the heading Limitation on Administrative Expenses for the Social Security Administration; (B) the term continuing disability reviews means continuing disability reviews under sections 221(i) and 1614(a)(4) of the Social Security Act ( 42 U.S.C. 421(i) , 1382c(a)(4)), including work related continuing disability reviews to determine whether earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity; and (C) the term redetermination means redetermination of eligibility under sections 1611(c)(1) and 1614(a)(3)(H) of the Social Security Act ( 42 U.S.C. 1382(c)(1) , 1382c(a)(3)(H)). (3) References All references to section 1(k) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution. (b) Adjustment for Internal Revenue Service tax enforcement In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows: (1) In general If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for tax enforcement activities, including tax compliance to address the Federal tax gap, in the Enforcement account and the Operations Support account of the Internal Revenue Service of the Department of the Treasury, then the adjustment shall be the additional new budget authority provided in such measure for such purpose, but shall not exceed $417,000,000. (2) Definition As used in this subsection, the term additional new budget authority means the amount provided for fiscal year 2022, in excess of $9,141,000,000, in a bill, joint resolution, amendment, or conference report and specified for tax enforcement activities, including tax compliance to address the Federal tax gap, of the Internal Revenue Service. (3) References All references to section 1(i) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution. (c) Adjustment for health care fraud and abuse control In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows: (1) In general If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for the health care fraud abuse control program at the Department of Health and Human Services (75–8393–0–7–571), then the adjustment shall be the additional new budget authority specified in such measure for such purpose for fiscal year 2022, but shall not exceed $556,000,000. (2) Definition As used in this subsection the term additional new budget authority means the amount provided fiscal year 2022, in excess of $317,000,000, in a bill, joint resolution, amendment, or conference report and specified to pay for the costs of the health care fraud and abuse control program. (3) References All references to section 1(j) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution. (d) Reemployment services and eligibility assessments In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows: (1) In general If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for grants to States under section 306 of the Social Security Act ( 42 U.S.C. 506 ) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits, then the adjustment shall be the additional new budget authority specified in such measure for such grants for fiscal year 2022, but shall not exceed $133,000,000. (2) Definition As used in this subsection, the term additional new budget authority means the amount provided for fiscal year 2022, in excess of $117,000,000, in a bill, joint resolution, amendment, or conference report making discretionary appropriations and specified to pay for grants to States under section 306 of the Social Security Act ( 42 U.S.C. 506 ) for claimants of regular compensation, as defined in such section, including those who are profiled as most likely to exhaust their benefits. (e) Adjustment for wildfire suppression In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels in this concurrent resolution to reflect changes as follows: (1) In general If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustment shall be the amount of additional new budget authority specified in such measure as being for wildfire suppression operations for fiscal year 2022, but shall not exceed $2,450,000,000. (2) Definitions As used in this subsection— (A) the term additional new budget authority means the amount provided for a fiscal year in an appropriation Act that is in excess of the average costs for wildfire suppression operations as reported in the budget of the President submitted under section 1105(a) of title 31, United States Code, for fiscal year 2015 and are specified to pay for the costs of wildfire suppression operations; and (B) the term wildfire suppression operations means the emergency and unpredictable aspects of wildland firefighting, including— (i) support, response, and emergency stabilization activities; (ii) other emergency management activities; and (iii) the funds necessary to repay any transfers needed for the costs of wildfire suppression operations. (3) References All references to section 1(h) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution. (f) Adjustment for disaster relief In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows: (1) In general If a bill, joint resolution, amendment, or conference report making discretionary appropriations specifies an amount that Congress designates as being for disaster relief, the adjustment for fiscal year 2022 shall be the total of such appropriations for fiscal year 2022 designated as being for disaster relief, but not to exceed the total of— (A) the average over the previous 10 fiscal years (excluding the highest and lowest fiscal years) of the sum of the funding provided for disaster relief (as that term is defined on the date immediately before March 23, 2018); (B) 5 percent of the total appropriations provided in the previous 10 fiscal years, net of any rescissions of budget authority enacted in the same period, with respect to amounts provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) and designated by the Congress as an emergency; and (C) the cumulative net total of the unused carryover for fiscal year 2018 and all subsequent fiscal years, where the unused carryover for each fiscal year is calculated as the sum of the amounts in subparagraphs (A) and (B) less the enacted appropriations for that fiscal year that have been designated as being for disaster relief. (2) Definition As used in this subsection, the term disaster relief means activities carried out pursuant to a determination under section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122(2) ). (3) References All references to section 1(g) of H. Res. 467 (117th Congress) in any bill or joint resolution, or amendment thereto or conference report thereon shall be treated for all purposes in the House of Representatives as references to this subsection of this concurrent resolution. (g) Veterans medical care In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes as follows: (1) In general If a bill, joint resolution, amendment, or conference report making discretionary appropriations for fiscal year 2022 specifies an amount for veterans medical care (in the Medical Services, Medical Community Care, Medical Support and Compliance, and Medical Facilities accounts of the Veterans Health Administration), then the adjustment shall be the additional new budget authority specified in such measure for such medical care for fiscal year 2022, but shall not exceed $7,602,000,000. (2) Definition As used in this subsection, the term additional new budget authority means the amount provided for fiscal year 2022, in excess of $89,849,000,000, in a bill, joint resolution, amendment, or conference report making discretionary appropriations and specified to pay for veterans medical care. 4006. Enforcement filing (a) Senate In the Senate, if this concurrent resolution on the budget is agreed to by the Senate and House of Representatives without the appointment of a committee of conference on the disagreeing votes of the two Houses, the Chairman of the Committee on the Budget of the Senate may submit a statement for publication in the Congressional Record containing— (1) for the Committee on Appropriations, committee allocations for fiscal year 2022 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ); and (2) for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2022, 2022 through 2026, and 2022 through 2031 consistent with the levels in title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ). (b) House of Representatives In the House of Representatives, if a concurrent resolution on the budget for fiscal year 2022 is adopted without the appointment of a committee of conference on the disagreeing votes of the two Houses with respect to this concurrent resolution on the budget, for the purpose of enforcing the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq. ) and applicable rules and requirements set forth in the concurrent resolution on the budget, the allocations provided for in this subsection shall apply in the House of Representatives in the same manner as if such allocations were in a joint explanatory statement accompanying a conference report on the budget for fiscal year 2022. The chair of the Committee on the Budget of the House of Representatives shall submit a statement for publication in the Congressional Record containing— (1) for the Committee on Appropriations, committee allocations for fiscal year 2022 consistent with title I for the purpose of enforcing section 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ); and (2) for all committees other than the Committee on Appropriations, committee allocations consistent with title I for fiscal year 2022 and for the period of fiscal years 2022 through 2031 for the purpose of enforcing 302 of the Congressional Budget Act of 1974 ( 2 U.S.C. 633 ). 4007. Application and effect of changes in allocations, aggregates, and other budgetary levels (a) Application Any adjustments of allocations, aggregates, and other budgetary levels made pursuant to this concurrent resolution shall— (1) apply while that measure is under consideration; (2) take effect upon the enactment of that measure; and (3) be published in the Congressional Record as soon as practicable. (b) Effect of changed allocations, aggregates, and other budgetary levels Revised allocations, aggregates, and other budgetary levels resulting from these adjustments shall be considered for the purposes of the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq. ) as the allocations, aggregates, and other budgetary levels contained in this concurrent resolution. (c) Budget committee determinations For purposes of this concurrent resolution, the levels of new budget authority, outlays, direct spending, new entitlement authority, revenues, deficits, and surpluses for a fiscal year or period of fiscal years shall be determined on the basis of estimates made by the chair of the Committee on the Budget of the applicable House of Congress. 4008. Adjustments to reflect changes in concepts and definitions (a) Senate In the Senate, upon the enactment of a bill or joint resolution providing for a change in concepts or definitions, the Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this resolution in accordance with section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) ). (b) House of Representatives In the House of Representatives, upon the enactment of a bill or joint resolution providing for a change in concepts or definitions, the chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other budgetary levels in this concurrent resolution accordingly. 4009. Adjustment for bipartisan infrastructure legislation in the Senate (a) Adjustments In the Senate, upon the enactment of an infrastructure bill or joint resolution, including legislation implementing a bipartisan infrastructure agreement, the Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this resolution to reflect changes resulting from the enactment of such bill or joint resolution. (b) Determinations For purposes of this section, the levels of budget authority and outlays shall be determined on the basis of estimates submitted by the Chairman of the Committee on the Budget of the Senate. 4010. Adjustment for infrastructure legislation in the House of Representatives In the House of Representatives, the chair of the Committee on the Budget may adjust the allocations, aggregates, and other budgetary levels included in this concurrent resolution to reflect changes resulting from the enactment of an infrastructure bill or joint resolution, including legislation implementing the INVEST in America Act or a bipartisan infrastructure agreement. 4011. Applicability of adjustments to discretionary spending limits Except as expressly provided otherwise, the adjustments provided by section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) ) shall not apply to allocations, aggregates, or other budgetary levels established pursuant to this concurrent resolution. 4012. Budgetary treatment of administrative expenses (a) Senate (1) In general In the Senate, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a)(1) ), section 13301 of the Budget Enforcement Act of 1990 ( 2 U.S.C. 632 note), and section 2009a of title 39, United States Code, the report or the joint explanatory statement accompanying this concurrent resolution on the budget or the statement filed pursuant to section 4006(a), as applicable, shall include in an allocation under section 302(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a) ) to the Committee on Appropriations of the Senate of amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service. (2) Special rule In the Senate, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(f) ), estimates of the level of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in paragraph (1). (b) House of Representatives (1) In general In the House of Representatives, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a)(1) ), section 13301 of the Budget Enforcement Act of 1990 ( 2 U.S.C. 632 note), and section 2009a of title 39, United States Code, the report or the joint explanatory statement accompanying this concurrent resolution on the budget or the statement filed pursuant to section 4006(b), as applicable, shall include in an allocation under section 302(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a) ) to the Committee on Appropriations of the House of Representatives of amounts for the discretionary administrative expenses of the Social Security Administration and the United States Postal Service. (2) Special rule In the House of Representatives, for purposes of enforcing section 302(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(f) ), estimates of the level of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in paragraph (1). 4013. Appropriate budgetary adjustments in the House of Representatives In the House of Representatives, the chair of the Committee on the Budget of the House of Representatives may make appropriate budgetary adjustments of new budget authority and the outlays flowing therefrom pursuant to the adjustment authorities provided by this concurrent resolution. 4014. Adjustment for changes in the baseline in the House of Representatives In the House of Representatives, the chair of the Committee on the Budget of the House of Representatives may adjust the allocations, aggregates, and other appropriate budgetary levels in this concurrent resolution to reflect changes resulting from the Congressional Budget Office’s updates to its baseline for fiscal years 2022 through 2031. 4015. Scoring rule in the Senate for child care and pre-kindergarten legislation (a) In general In the Senate, for the purposes of estimates with respect to any child care or pre-kindergarten legislation during the 117th Congress, the Congressional Budget Office shall consider funding for programs under the Head Start Act ( 42 U.S.C. 9831 et seq. ) to continue at baseline levels. (b) Exception This section shall not apply to any bill or joint resolution making appropriations for discretionary accounts. 4016. Exercise of rulemaking powers Congress adopts the provisions of this title— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, and as such they shall be considered as part of the rules of each House or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with full recognition of the constitutional right of either the Senate or the House of Representatives to change those rules (insofar as they relate to that House) at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate or House of Representatives.
Secretary of the Senate Clerk of the House of Representatives | https://www.govinfo.gov/content/pkg/BILLS-117sconres14enr/xml/BILLS-117sconres14enr.xml |
117-sconres-15 | III 117th CONGRESS 1st Session S. CON. RES. 15 IN THE SENATE OF THE UNITED STATES September 15, 2021 Ms. Ernst (for herself, Mr. Grassley , Mr. Hoeven , Mr. Cramer , Mr. Marshall , Mrs. Blackburn , Mr. Wicker , Mrs. Hyde-Smith , Mr. Daines , Mr. Scott of Florida , Mrs. Capito , Mr. Kennedy , and Mr. Rubio ) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations CONCURRENT RESOLUTION Expressing the sense of Congress that the withdrawal of Armed Forces from Afghanistan does not undermine or diminish the sacrifice, efforts, and accomplishments of the members of the Armed Forces, diplomats, humanitarians, allies, and partners.
Whereas the United States was viciously attacked by the murderous terrorist group al-Qaida on September 11, 2001; Whereas al-Qaida was based in Afghanistan, which was governed by the ruthless and oppressive Taliban regime; Whereas the United States led an international coalition of military forces into Afghanistan— (1) to destroy al-Qaida; (2) to kill or capture Osama bin Laden; and (3) to depose the Taliban government; Whereas hundreds of thousands of members of the Armed Forces, diplomats, and humanitarians deployed to Afghanistan or supported operations from afar; Whereas for nearly 2 decades, the United States was spared from further major attacks by international terror organizations; and Whereas the withdrawal of the presence of the United States in Afghanistan led to— (1) the collapse of the Afghan government; (2) the return of the Taliban to Afghan rule; and (3) great heartache for so many: Now, therefore, be it
That it is the sense of Congress that— (1) the men and women who undertook the efforts of the past years in Afghanistan provided heroic service to the country; (2) the peace the United States experienced is a direct result of the actions of the brave members of the Armed Forces, diplomats, and humanitarians; (3) despite the chaotic end to operations in Afghanistan, the service of the members of the Armed Forces is something to be remembered, lauded, and honored; and (4) any veterans who feel stress, anger, or disappointment from the end of operations in Afghanistan should seek available resources and the comfort, guidance, and counsel of friends, mentors, and caregivers. | https://www.govinfo.gov/content/pkg/BILLS-117sconres15is/xml/BILLS-117sconres15is.xml |
117-sconres-16 | III 117th CONGRESS 1st Session S. CON. RES. 16 IN THE SENATE OF THE UNITED STATES October 25, 2021 Mr. Van Hollen (for himself and Mr. Rubio ) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations CONCURRENT RESOLUTION Commemorating the 30th anniversary of Operation Provide Comfort.
Whereas, after the uprising against Saddam Hussein in March 1991, Hussein turned tanks and helicopter gunships on the defenseless citizens of Iraqi Kurdistan; Whereas, overwhelmed by the superior firepower of the Hussein regime, and having already experienced the genocidal death of approximately 200,000 Iraqi Kurds, the wanton destruction of approximately 4,500 Iraqi Kurdish villages, and deadly chemical bombardment, hundreds of thousands of Iraqi Kurdish men, women, and children fled to the northern and eastern borders of Iraq, fearing that the regime would use poison gas against them, as during the Anfal campaign and in Halabja only 3 years before; Whereas, at one point in the early days of the 1991 refugee crisis, the daily death toll of fleeing Iraqi Kurds exceeded 1,000, with victims having no time to gather any possessions or winter protective gear and thus succumbing to exposure, malnutrition, and disease; Whereas the United States, in response to the unfolding human catastrophe, led what became the largest humanitarian operation of its kind ever, Operation Provide Comfort, delivering humanitarian relief and enforcing a no-fly zone; Whereas Operation Provide Comfort saved the lives of countless thousands of Iraqi Kurds from near certain death on the freezing and rugged border mountains of Iraqi Kurdistan; Whereas, to this day, Iraqi Kurds credit United States-led Operation Provide Comfort, particularly the no-fly zone that protected the Iraqi Kurdish people until 2003, for helping support security and stability in Iraqi Kurdistan; Whereas Iraqi Kurdistan has long served as a safe haven for people fleeing conflict and religious and political persecution; and Whereas the Kurdistan Regional Government and the Kurdish Peshmerga remain steadfast partners of the United States in the fight against extremism and terrorism: Now, therefore, be it
That Congress— (1) commemorates the 30th anniversary of Operation Provide Comfort; (2) recognizes and honors the heroic soldiers, diplomats, political leaders, and coalition partners of the United States who implemented Operation Provide Comfort; (3) recognizes and honors the bravery of the nearly 2,000,000 Iraqi Kurdish women, children, and men who struggled to survive starvation and exposure, welcomed the aid that came, and embraced the opportunity for a new life; (4) encourages Iraqi Kurdish leaders to continue to uphold the values of democracy, human rights, and freedom that have made Iraqi Kurdistan an oasis in a troubled region; and (5) reaffirms— (A) the strong partnership between the United States and the Iraqi Kurds, which exists in complementarity with the United States strong partnership with the Government of Iraq; and (B) the enduring respect and support of Congress for Iraqi Kurdish friends of the United States who courageously stand with the United States in shared opposition to extremism and terrorism. | https://www.govinfo.gov/content/pkg/BILLS-117sconres16is/xml/BILLS-117sconres16is.xml |
117-sconres-17 | III 117th CONGRESS 1st Session S. CON. RES. 17 IN THE SENATE OF THE UNITED STATES October 28, 2021 Mr. Daines (for himself, Mr. Lankford , Mr. Boozman , Mrs. Blackburn , Mr. Hawley , Mr. Marshall , Mr. Rubio , Mr. Moran , Mr. Braun , Mr. Hagerty , Mr. Scott of Florida , Mr. Wicker , Ms. Lummis , Mr. Lee , Mr. Portman , and Mr. Inhofe ) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations CONCURRENT RESOLUTION Celebrating the first anniversary of the coalition of signatory countries to the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family.
Whereas the United States strongly supports women reaching the highest attainable outcomes for health, life, dignity, and well-being throughout their lives; Whereas the historic coalition that issued the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family (in this preamble referred to as the Geneva Consensus Declaration ) was formed by a diverse group of countries committed to charting a more positive path to advance the health of women, protect the family as foundational to any healthy society, affirm the value of life in all stages of development, and uphold the sovereign right of countries to make their own laws to advance those core values, without external pressure; Whereas the Geneva Consensus Declaration was signed on October 22, 2020, by 32 countries from every region of the world, representing more than 1,600,000,000 people, which committed to working together on the core pillars enshrined in the Declaration, and 5 countries have subsequently signed; Whereas, although President Joseph R. Biden removed the United States as a signatory to the Geneva Consensus Declaration, at least temporarily, 36 countries remain signatories, and longstanding Federal laws that prohibit the United States from conducting or funding abortions, abortion lobbying, or coercive family planning in foreign countries remain in effect; Whereas the Geneva Consensus Declaration reaffirms that all are equal before the law and human rights of women are an inalienable, integral, and indivisible part of all human rights and fundamental freedoms ; Whereas the Geneva Consensus Declaration reaffirms the inherent dignity and worth of the human person and that every human being has the inherent right to life ; Whereas the Geneva Consensus Declaration reaffirms that there is no international right to abortion, nor any international obligation on the part of States to finance or facilitate abortion ; Whereas the Geneva Consensus Declaration reaffirms that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State ; and Whereas the Geneva Consensus Declaration coalition strengthens the collective voice of the signatory countries to prevent any country from being intimidated, isolated, or muted on the core values expressed in the Declaration: Now, therefore, be it
That Congress— (1) celebrates the first anniversary of the coalition of signatory countries to the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family (in this resolution referred to as the Geneva Consensus Declaration ); (2) affirms the commitments to protect life and the family made in the Geneva Consensus Declaration and applauds the signatory countries for their dedication to advancing women’s health, protecting life at every stage while affirming that there is no international right to abortion, and upholding the importance of the family as foundational to society; (3) declares that the principles affirming life and the family recognized by the Geneva Consensus Declaration remain universally valid; (4) welcomes opportunities to strengthen support for the Geneva Consensus Declaration; (5) will defend the sovereignty of every country to adopt national policies that promote women's health, protect the right to life, and strengthen the family, as enshrined in the Geneva Consensus Declaration; (6) will conduct oversight of the United States executive branch to ensure that the United States does not conduct or fund abortions, abortion lobbying, or coercive family planning in foreign countries, consistent with longstanding Federal law; and (7) urges the signatory countries to the Geneva Consensus Declaration to defend the universal principles affirming life and the family expressed in the Declaration. | https://www.govinfo.gov/content/pkg/BILLS-117sconres17is/xml/BILLS-117sconres17is.xml |
117-sconres-18 | III 117th CONGRESS 1st Session S. CON. RES. 18 IN THE SENATE OF THE UNITED STATES November 1, 2021 Mr. Cruz submitted the following concurrent resolution; which was referred to the Committee on Rules and Administration CONCURRENT RESOLUTION Requiring the Architect of the Capitol, the Secretary of the Senate, and the Chief Administrative Officer of the House of Representatives to contract with food service contractors and vending machine contractors for the Capitol Complex that accept cryptocurrency, and for other purposes.
1. Short title This resolution may be cited as the Adopting Cryptocurrency in Congress as an Exchange of Payment for Transactions Resolution or the ACCEPT Resolution . 2. Accepting of cryptocurrency at restaurants, vending machines, and gift shops in the Capitol Complex (a) Definitions In this section— (1) the term Capitol Buildings means the Capitol Buildings described in section 5101 of title 40, United States Code; and (2) the term digital asset means a natively electronic asset that— (A) is recorded on a cryptographically secured distributed ledger; and (B) is designed to confer only economic or access rights. (b) Acceptance of cryptocurrency The Architect of the Capitol, the Secretary of the Senate, and the Chief Administrative Officer of the House of Representatives shall each, for the Capitol Buildings that are under their jurisdiction— (1) subject to subsection (c), solicit and enter into contracts to provide food service and vending machines in such Capitol Buildings with persons that will accept digital assets as payment for goods; and (2) encourage the gift shops in such Capitol Buildings to accept digital assets as payment for goods. (c) Additional considerations The Architect of the Capitol, the Secretary of the Senate, and the Chief Administrative Officer of the House of Representatives may not enter into contracts described in subsection (b)(1) if the Architect of the Capitol, in consultation with the Secretary of the Senate and the Chief Administrative Officer of the House, reports to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives that entering into such contracts would preclude the selection of alternatives that are cost-effective and value-centered for patrons. | https://www.govinfo.gov/content/pkg/BILLS-117sconres18is/xml/BILLS-117sconres18is.xml |
117-sconres-19 | III 117th CONGRESS 1st Session S. CON. RES. 19 IN THE SENATE OF THE UNITED STATES November 3, 2021 Mr. Moran (for himself, Mr. Tester , and Mr. Cotton ) submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Permitting the use of the rotunda of the Capitol for a ceremony as part of the commemoration of the 100th anniversary of the dedication of the Tomb of the Unknown Soldier.
That 1. Use of rotunda of the Capitol The rotunda of the Capitol is authorized to be used on November 10, 2021, for a ceremony as part of the commemoration of the 100th anniversary of the dedication of the Tomb of the Unknown Soldier. 2. Physical preparations for the ceremony Physical preparations for the ceremony shall be carried out in accordance with such conditions as the Architect of the Capitol may prescribe. | https://www.govinfo.gov/content/pkg/BILLS-117sconres19ats/xml/BILLS-117sconres19ats.xml |
117-sconres-20 | III 117th CONGRESS 1st Session S. CON. RES. 20 IN THE SENATE OF THE UNITED STATES November 4, 2021 Mr. Menendez (for himself and Mr. Risch ) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations CONCURRENT RESOLUTION Condemning the October 25, 2021, military coup in Sudan and standing with the people of Sudan.
Whereas the people of the Republic of Sudan suffered for three decades under the despotic rule of President Omar Hassan Ahmad al-Bashir, whose government was responsible for the suppression of civil liberties, grand corruption, support for international terrorism, and the commission of crimes against humanity and genocide; Whereas, throughout 2019, a coalition of Sudanese civic groups, including professional associations, labor unions, community groups, democracy activists, and opposition parties, led a mass protest movement to demand the end of Bashir’s reign and the transition to democracy in Sudan; Whereas, on April 11, 2019, Sudanese military officers deposed Bashir, and, following continued protests, agreed to form a transitional government in partnership with a civilian pro-democracy coalition on July 17, 2019; Whereas, on June 3, 2019, Sudanese forces led by the Rapid Support Forces (RSF), largely comprised of Janjaweed militia involved in genocidal campaigns across Darfur for decades, opened fire on protesters at an army command headquarters in Khartoum, killing at least 127 people, at least 40 of whom were found in the Nile River; Whereas the military and civilian elements agreed to a 39-month transition to democracy, with a Civilian-Led Transitional Government (CLTG) comprised of a predominantly civilian cabinet led by Prime Minister Abdallah Hamdok, a Sovereign Council, an executive body with civilian and military members chaired for the first half of the transitional period by Lieutenant General Abdel Fattah al-Burhan, and a Transitional Legislative Council, which has yet to be formed; Whereas the United States and the international community supported Sudan’s transition to democracy, with the United States identifying more than $1,000,000,000 in foreign assistance, and the multilateral Friends of Sudan group pledging $1,800,000,000 from roughly 50 countries and international organizations; Whereas the CLTG made progress in human rights reforms, including guaranteeing the people of Sudan freedom of religion and gender equality under the transitional constitution, banning female genital mutilation, and decriminalizing apostasy; Whereas, in August 2021, when the Sudanese Cabinet ratified the Rome Statute of the International Criminal Court (ICC), the CLTG made progress towards ending impunity for abusers of human rights, stating its intention to deliver Omar al-Bashir to the ICC to stand trial for genocide, war crimes, and crimes against humanity, and formed civilian committees to investigate corruption and crimes against humanity perpetrated by the Bashir regime; Whereas the transitional government negotiated a peace agreement with several rebel groups, a step towards ending decades of conflict in the regions of Darfur, South Kordofan, and Blue Nile, which killed hundreds of thousands of civilians and left more than 3,000,000 people displaced within Sudan; Whereas Sudan continues to face a serious humanitarian situation, with an estimated 13,400,000 people, or 29 percent of the population, in need of humanitarian assistance in 2021; Whereas Sudan faces a severe economic crisis, exacerbated by the COVID–19 pandemic, which caused the price of food and consumer goods to increase significantly, while austerity measures imposed to stabilize the economy resulted in the reduction or elimination of subsidies for commodities including wheat and fuel; Whereas the political tensions between the civilian and military elements and within factions of the civilian coalition undermined the CLTG and contributed to widespread unrest within the Sudanese population relating to a range of issues, including the economic crisis, ethnic and tribal conflict in peripheral regions, and the unsatisfactory pace of reforms; Whereas, on September 21, 2021, some members of the military reportedly attempted a coup d’état against the transitional government, which failed to depose the government but succeeded in precipitating the most serious political crisis of the transition period; Whereas, on October 21, 2021, hundreds of thousands of people across Sudan demonstrated in support of democratic civilian rule, to counter a smaller protest days prior demanding the military take complete control of the government; Whereas, on October 25, 2021, Lieutenant General Burhan, with the support of General Mohamed Hamdan Dagalo, also known as Hemedti , seized control of the government, deployed the military to the streets of Khartoum and Omdurman, and arrested and detained Prime Minister Hamdok and other civilian officials; Whereas the African Union Peace and Security Council convened on October 27, 2021, strongly condemned the coup, reaffirmed the mandate of the CLTG, and subsequently suspended Sudan from the regional body with immediate effect … until the effective restoration of the CLTG; Whereas the actions of Lieutenant General Burhan and the Sudanese military violate Sudan’s Constitutional Charter and threaten to plunge Sudan into isolation and instability; Whereas the United States Government publicly condemned the coup, suspended its foreign assistance to Sudan, and urged Lieutenant General Burhan and his accomplices to restore the CLTG and return Sudan to the path to democracy; and Whereas the Troika (the United States, United Kingdom, Norway), the European Union, and Switzerland continue to recognize the Prime Minister and his cabinet as the constitutional leaders of the transitional government and confirm once again the international calls for the immediate return to the roadmap for democratic transition of Sudan : Now, therefore, be it
That Congress— (1) condemns the October 25, 2021, coup in Sudan; (2) stands with the people of Sudan in their democratic aspirations; (3) recognizes the Prime Minister and his cabinet as the constitutional leaders of Sudan’s transitional government; (4) calls for Sudan’s military junta to— (A) immediately release all civilian government officials, civil society members, and other individuals detained in connection with the coup; (B) return to constitutional rule under the transitional constitution as the starting point for negotiations with civilians toward full civilian rule; (C) lift the state of emergency, including complete restoration of all means of communication; (D) remove all roadblocks and checkpoints, and order the Sudanese Armed Forces (SAF) and RSF to stand down and comply with international recognized rules of engagement; (E) ensure security forces respect the right to peaceful protest and hold those who used excessive force and committed other abuses accountable in a transparent, credible process; (F) cease all attempts to change the civilian composition of the cabinet, Sovereign Council, and other government bodies; and (G) transfer leadership of the Sovereign Council to a civilian member of the Sovereign Council in keeping with the transitional constitution; (5) calls on the Secretary of State to— (A) immediately identify coup leaders, their accomplices, and enablers for consideration for targeted sanctions; (B) urge junta leaders to return immediately to the rule of law as set forth by the transitional constitution; (C) monitor, discourage, and deter any effort by external parties to support the coup and the military junta; (D) coordinate with— (i) the Administrator of the United States Agency for International Development and other Federal Government agencies to pause all non-humanitarian bilateral assistance to Sudan until restoration of the transitional constitutional order; (ii) the Department of the Treasury to use the voice and vote of the United States in international financial institutions to suspend all actions related to non-humanitarian loans or debt relief to Sudan until restoration of the transitional constitutional order; and (iii) the United States Permanent Representative to the United Nations to ensure the United Nations Security Council is seized of the matter on an ongoing basis; and (E) work with the Troika to engage members of the international community to join these United States actions; and (6) calls on international partners to— (A) join United States efforts to impose targeted sanctions on the junta and other accomplices to the coup, monitor, discourage, and deter any effort by external parties to support the junta, and urge junta leaders to return to the rule of law as set forth by the transitional constitution; and (B) suspend Sudan’s participation in all regional multilateral organizations until Sudan is returned to constitutional rule under the transitional constitution. | https://www.govinfo.gov/content/pkg/BILLS-117sconres20is/xml/BILLS-117sconres20is.xml |
117-sconres-21 | III 117th CONGRESS 1st Session S. CON. RES. 21 IN THE SENATE OF THE UNITED STATES November 16, 2021 Mr. Tillis submitted the following concurrent resolution; which was referred to the Committee on Rules and Administration CONCURRENT RESOLUTION Establishing deadlines for the Joint Committee of Congress on the Library to approve or deny the statue of the Reverend William Franklin Billy Graham, Jr., for placement in the National Statuary Hall.
That the Joint Committee of Congress on the Library shall approve or deny— (1) the full-sized clay model and pedestal design of a statue of the Reverend William Franklin Billy Graham, Jr., not later than 30 days after the State of North Carolina submits to the Architect of the Capitol photographs of the model from all 4 sides, the dimensions of the statue and pedestal, engineering drawings of the pedestal, the anticipated weight of the completed statue and pedestal, and the text of any proposed inscriptions; and (2) the completed statue of the Reverend William Franklin Billy Graham, Jr., not later than 30 days after the State of North Carolina submits to the Architect of the Capitol photographs of the completed statue and pedestal from all 4 sides, the dimensions of the statue and pedestal, the final weight of the statue and pedestal, and the text of any inscriptions. | https://www.govinfo.gov/content/pkg/BILLS-117sconres21is/xml/BILLS-117sconres21is.xml |
117-sconres-22 | III 117th CONGRESS 1st Session S. CON. RES. 22 IN THE SENATE OF THE UNITED STATES December 7, 2021 Ms. Klobuchar (for herself, Mr. Blunt , Mr. Schumer , and Mr. McConnell ) submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Providing for the use of the catafalque situated in the Exhibition Hall of the Capitol Visitor Center in connection with memorial services to be conducted in the rotunda of the Capitol for the Honorable Robert Joseph Dole, a Senator from the State of Kansas.
That the Architect of the Capitol is authorized and directed to transfer the catafalque which is situated in the Exhibition Hall of the Capitol Visitor Center to the rotunda of the Capitol so that such catafalque may be used in connection with services to be conducted there for the Honorable Robert Joseph Dole, a Senator from the State of Kansas. | https://www.govinfo.gov/content/pkg/BILLS-117sconres22ats/xml/BILLS-117sconres22ats.xml |
117-sconres-23 | III 117th CONGRESS 1st Session S. CON. RES. 23 IN THE SENATE OF THE UNITED STATES December 7, 2021 Ms. Klobuchar (for herself, Mr. Blunt , Mr. Schumer , and Mr. McConnell ) submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Authorizing the use of the rotunda of the Capitol for the lying in state of the remains of the Honorable Robert Joseph Dole, a Senator from the State of Kansas.
That in recognition of the long and distinguished service rendered to the Nation by Robert Joseph Dole, a Senator from the State of Kansas, his remains be permitted to lie in state in the rotunda of the Capitol on Thursday, December 9, 2021, and the Architect of the Capitol, under the direction of the President pro tempore of the Senate and the Speaker of the House of Representatives, shall take all necessary steps for the accomplishment of that purpose. | https://www.govinfo.gov/content/pkg/BILLS-117sconres23ats/xml/BILLS-117sconres23ats.xml |
117-sconres-24 | III 117th CONGRESS 1st Session S. CON. RES. 24 IN THE SENATE OF THE UNITED STATES December 18 (legislative day, December 17), 2021 Mr. Reed submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Directing the Secretary of the Senate to make corrections in the enrollment of the bill S. 1605.
That in the enrollment of the bill S. 1605, the Secretary of the Senate shall make the following corrections: (1) In the table in section 2301(a), in the item relating to Eielson Air Force Base, strike $44,850,00 in the amount column and insert $44,850,000 . (2) In section 4601, in the table relating to Military Construction, Navy, in the item relating to AEGIS Ashore Barracks Planning and Design in Redzikowo, Poland, insert 0 in the Conference Authorized column. | https://www.govinfo.gov/content/pkg/BILLS-117sconres24ats/xml/BILLS-117sconres24ats.xml |
117-sconres-25 | III 117th CONGRESS 2d Session S. CON. RES. 25 IN THE SENATE OF THE UNITED STATES January 5, 2022 Ms. Klobuchar (for herself, Mr. Blunt , Mr. Schumer , and Mr. McConnell ) submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Authorizing the use of the rotunda of the Capitol for the lying in state of the remains of the Honorable Harry Mason Reid, Jr., a Senator from the State of Nevada.
That in recognition of the long and distinguished service rendered to the Nation by Harry Mason Reid, Jr., a Senator from the State of Nevada, his remains be permitted to lie in state in the rotunda of the Capitol on Wednesday, January 12, 2022, and the Architect of the Capitol, under the direction of the President pro tempore of the Senate and the Speaker of the House of Representatives, shall take all necessary steps for the accomplishment of that purpose. | https://www.govinfo.gov/content/pkg/BILLS-117sconres25ats/xml/BILLS-117sconres25ats.xml |
117-sconres-26 | III 117th CONGRESS 2d Session S. CON. RES. 26 IN THE SENATE OF THE UNITED STATES January 5, 2022 Ms. Klobuchar (for herself, Mr. Blunt , Mr. Schumer , and Mr. McConnell ) submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Providing for the use of the catafalque situated in the Exhibition Hall of the Capitol Visitor Center in connection with memorial services to be conducted in the rotunda of the Capitol for the Honorable Harry Mason Reid, Jr., a Senator from the State of Nevada.
That the Architect of the Capitol is authorized and directed to transfer the catafalque which is situated in the Exhibition Hall of the Capitol Visitor Center to the rotunda of the Capitol so that such catafalque may be used in connection with services to be conducted there for the Honorable Harry Mason Reid, Jr., a Senator from the State of Nevada. | https://www.govinfo.gov/content/pkg/BILLS-117sconres26ats/xml/BILLS-117sconres26ats.xml |
117-sconres-27 | III 117th CONGRESS 2d Session S. CON. RES. 27 IN THE SENATE OF THE UNITED STATES January 13 (legislative day, January 10), 2022 Mr. Daines (for himself, Mr. Blunt , Mr. Tillis , Mr. Rubio , Mr. Braun , Mr. Thune , Mrs. Blackburn , Mr. Risch , Mrs. Hyde-Smith , Mr. Inhofe , Mr. Hoeven , Mr. Wicker , Mr. Lankford , and Mr. Scott of South Carolina ) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Affirming the importance of religious freedom as a fundamental human right that is essential to a free society and protected for all people of the United States under the Constitution of the United States, and recognizing the 236th anniversary of the enactment of the Virginia Statute for Religious Freedom.
Whereas the democracy of the United States is rooted in the fundamental truth that all people are created equal, endowed by the Creator with certain inalienable rights, including life, liberty, and the pursuit of happiness; Whereas the freedom of conscience was highly valued by— (1) individuals seeking religious freedom who settled in the colonies in the United States; (2) the founders of the United States; and (3) Thomas Jefferson, who wrote in a letter to the Society of the Methodist Episcopal Church at New London, Connecticut, dated February 4, 1809, that [n]o provision in our Constitution ought to be dearer to man than that which protects the rights of conscience against the enterprizes of the civil authority ; Whereas the Virginia Statute for Religious Freedom was— (1) drafted by Thomas Jefferson, who considered the Virginia Statute for Religious Freedom to be one of his greatest achievements; (2) enacted on January 16, 1786; and (3) the forerunner to the Free Exercise Clause of the First Amendment to the Constitution of the United States; Whereas section 2(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(a) ) states that— (1) [t]he right to freedom of religion undergirds the very origin and existence of the United States ; and (2) religious freedom was established by the founders of the United States in law, as a fundamental right and as a pillar of our Nation ; Whereas the role of religion in society and public life in the United States has a long and robust tradition; Whereas individuals who have studied the democracy of the United States from an international perspective, such as Alexis de Tocqueville, have noted that religion plays a central role in preserving the Government of the United States because religion provides the moral base required for democracy to succeed; Whereas, in Town of Greece v. Galloway, 134 S. Ct. 1811 (2014), the Supreme Court of the United States affirmed that people of many faiths may be united in a community of tolerance and devotion ; Whereas the principle of religious freedom has guided our Nation forward , as expressed by the 44th President of the United States in a Presidential proclamation on Religious Freedom Day in 2011, and freedom of religion is a universal human right to be protected here at home and across the globe , as expressed by that President of the United States on Religious Freedom Day in 2013; Whereas [f]reedom of religion is a fundamental human right that must be upheld by every nation and guaranteed by every government , as expressed by the 42nd President of the United States in a Presidential proclamation on Religious Freedom Day in 1999; Whereas the First Amendment to the Constitution of the United States protects— (1) the right of individuals to freely express and act on the religious beliefs of those individuals; and (2) individuals from coercion to profess or act on a religious belief to which those individuals do not adhere; Whereas our laws and institutions should not impede or hinder but rather should protect and preserve fundamental religious liberties , as expressed by the 42nd President of the United States in remarks accompanying the signing of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ); Whereas, for countless people of the United States, faith is an integral part of every aspect of daily life and is not limited to the homes, houses of worship, or doctrinal creeds of those individuals; Whereas religious faith has inspired many of our fellow citizens to help build a better Nation in which people of faith continue to wage a determined campaign to meet needs and fight suffering , as expressed by the 43rd President of the United States in a Presidential proclamation on Religious Freedom Day in 2003; Whereas, [f]rom its birth to this day, the United States has prized this legacy of religious freedom and honored this heritage by standing for religious freedom and offering refuge to those suffering religious persecution , as noted in section 2(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6401(a) ); Whereas Thomas Jefferson wrote— (1) in 1798 that each right encompassed in the First Amendment to the Constitution of the United States is dependent on the other rights described in that Amendment, thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others ; and (2) in 1822 that the constitutional freedom of religion is the most inalienable and sacred of all human rights ; Whereas religious freedom has been integral to the preservation and development of the United States , and the free exercise of religion goes hand in hand with the preservation of our other rights , as expressed by the 41st President of the United States in a Presidential proclamation on Religious Freedom Day in 1993; and Whereas we continue to proclaim the fundamental right of all peoples to believe and worship according to their own conscience, to affirm their beliefs openly and freely, and to practice their faith without fear or intimidation , as expressed by the 42nd President of the United States in a Presidential proclamation on Religious Freedom Day in 1998: Now, therefore, be it
That Congress— (1) on Religious Freedom Day on January 16, 2022, honors the 236th anniversary of the enactment of the Virginia Statute for Religious Freedom; and (2) affirms that— (A) for individuals of any faith and individuals of no faith, religious freedom includes the right of an individual to live, work, associate, and worship in accordance with the beliefs of the individual; (B) all people of the United States can be unified in supporting religious freedom, regardless of differing individual beliefs, because religious freedom is a fundamental human right; and (C) the American people will remain forever unshackled in matters of faith , as expressed by the 44th President of the United States in a Presidential proclamation on Religious Freedom Day in 2012. | https://www.govinfo.gov/content/pkg/BILLS-117sconres27is/xml/BILLS-117sconres27is.xml |
117-sconres-28 | 117th CONGRESS 2d Session S. CON. RES. 28 IN THE SENATE OF THE UNITED STATES CONCURRENT RESOLUTION Expressing the sense of Congress that September 30 should be observed as a national day of remembrance for the Native American children who died while attending a United States Indian boarding school and recognizing, honoring, and supporting the survivors of Indian boarding schools, their families, and their communities.
Whereas, more than 200 years ago, the Act entitled An Act making provision for the civilization of the Indian tribes adjoining the frontier settlements , approved March 3, 1819 (3 Stat. 516, chapter 85) (commonly known as the Civilization Fund Act ), was enacted and ushered in devastating policies and practices designed to assimilate American Indian, Alaska Native, and Native Hawaiian children by removing the children from their families and Native communities throughout the United States; Whereas that Act intended to resolve what was commonly referred to in the United States as the Indian problem and was based on the unjust belief of many that Native people needed to be civilized and that education would be the appropriate vehicle to enact assimilationist policies on Native American people; Whereas, pursuant to that Act, numerous church- and government-operated boarding schools were established on and off Indian territories and homelands to house and educate numerous Native American children through policies and practices that sought to eliminate the cultural identity of Native children and assimilate them into mainstream United States society; Whereas, according to the Native American Rights Fund, Native American families were torn apart by the removal of Native American children, either voluntarily or forcibly, from their homelands and communities to attend Indian boarding schools located across the country; Whereas many parents of children sent to Indian boarding schools were forbidden to contact or visit their children, compounding the problem of isolation that negatively impacted and continues to impact the lives of many Native children, their families, and their communities; Whereas the Native American Rights Fund also reported that an unidentified number of Native children died at Indian boarding schools due to abuse, neglect, malnourishment, or disease, and many of those children were buried far from their homes in unmarked graves or under tombstones that misidentified the children or ascribed Anglicized names to the children; Whereas many of the parents of children who died at Indian boarding schools were never informed of the fate of their children; Whereas, according to a report issued by the Native American Rights Fund, many survivors of Indian boarding schools have testified that Indian boarding schools stripped Native American children of their traditional cultures, languages, and religions by forbidding the children to wear traditional clothing, speak their Indigenous languages, or practice their cultural, religious, or spiritual beliefs, and many of the boarding schools are known to have severely punished children who violated these policies through verbal, psychological, and physical abuse; Whereas many survivors of Indian boarding schools and families of children who attended those schools have recounted details of the physical, sexual, and psychological abuse that countless Native American children endured while attending the schools; Whereas, according to the report entitled The Problem of Indian Administration and dated February 21, 1928 (commonly known as the Meriam Report ), many Indian boarding schools sent students to nearby communities for forced manual work as servants or farm laborers, and the operation of many Indian boarding schools was supported by the labor of the students; Whereas the Federal policy of Indian assimilation and education has proven to be a disastrous failure and a national tragedy; Whereas, as stated in the report entitled Indian Education: A National Tragedy—A National Challenge and dated November 3, 1969 (Senate Report 91–501) (commonly known as the Kennedy Report ), the dominant policy of the Federal Government toward the American Indian has been one of coercive assimilation that had disastrous effects on the education of many Native American children; Whereas, in 2018, the United States Commission on Civil Rights reported that many American Indian and Alaska Native people suffer from intergenerational trauma as a result of policies and practices of Indian boarding schools that alienated many children from their families, traditional cultures, languages, and religions, and deprived those children of their true identities and heritage; Whereas, while early assimilationist policies were eventually eliminated and Indian boarding school attendance has greatly diminished since its apex, the impact of this shameful period in United States history still affects the lives of many Native American people today; Whereas many Native American people are still suffering from and trying to comprehend and cope with direct trauma, including impacts on health and well-being, and the intergenerational trauma, that resulted from losing connection to family, culture, language, religion, and heritage; Whereas significant research shows that adverse childhood experiences, such as the experiences of many Native American children who attended Indian boarding schools and the descendants of those children, can cause numerous negative health outcomes, increased suicide rates, and other harmful outcomes throughout life; and Whereas recognition that healing and promotion of care for the mind, body, and spirit is essential to overcoming the dark shadows on United States history cast by Federal Indian assimilationist policies and practices carried out by the Federal Government through Indian boarding schools and acknowledging the lived experiences of the Native American children and families who endured and continue to endure the trauma and grief associated with Indian boarding schools: Now, therefore, be it
That— (1) it is the sense of Congress that there should be a national day of remembrance for the Native American children who died while attending a United States Indian boarding school; (2) Congress recognizes, honors, and supports the survivors and the families and communities of children who attended such schools; and (3) Congress encourages the people of the United States— (A) to support and recognize the grief, pain, and hardship many Native American people suffered and still endure as a result of the assimilationist policies and practices carried out by the United States through Indian boarding school policies; (B) to honor the legacy of and remember those who were lost or harmed by those policies and practices; and (C) to appreciate the resilience of the survivors and their families with appropriate ceremonies, programs, events, and other activities to support and commemorate a national day of remembrance.
Passed the Senate January 20, 2022. Secretary | https://www.govinfo.gov/content/pkg/BILLS-117sconres28es/xml/BILLS-117sconres28es.xml |
117-sconres-29 | III 117th CONGRESS 2d Session S. CON. RES. 29 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Blumenthal (for himself, Mr. Brown , Ms. Cantwell , Mr. Casey , Ms. Hassan , Mr. Merkley , Mr. Van Hollen , Ms. Duckworth , and Mrs. Murray ) submitted the following concurrent resolution; which was referred to the Committee on Health, Education, Labor, and Pensions CONCURRENT RESOLUTION Recognizing the need to improve physical access to many federally funded facilities for all people of the United States, particularly people with disabilities.
Whereas the First Amendment to the Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, or to petition for a governmental redress of grievances, and was adopted on December 15, 1791, as 1 of the 10 amendments that constitute the Bill of Rights; Whereas the Bill of Rights, specifically the First Amendment to the Constitution, calls for the right of all persons to peaceably assemble, and to this end, all persons, regardless of their physical ability, shall be offered equal opportunity to access all federally funded, in whole or part, amenities; Whereas, in the 32 years since the signing of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) (in this preamble referred to as the ADA ), there have been unprecedented advances in all forms of technology; Whereas, in 2018, the Centers for Disease Control and Prevention found that 1 in 4 adults, or 61,000,000 people, have a disability; Whereas disability is a universal concern, as an aging population increases the incidence of frailty and disability; Whereas, as significant advances in medical treatment result in increased survival rates, the incidence of disability increases; Whereas, in 2020, the Bureau of Labor Statistics found that 4,700,000 veterans received service-related disability benefits; Whereas, in 2019, the percentage of working-age people in the United States who reported having a work limitation due to a disability was 10.1 percent; Whereas the Act entitled An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped , approved August 12, 1968 ( 42 U.S.C. 4151 et seq. ) (commonly known as the Architectural Barriers Act of 1968), was enacted to ensure that certain federally funded facilities are designed and constructed to be accessible to people with disabilities; Whereas the United States Access Board (in this preamble referred to as the Board ) is in the process of developing new guidelines for public rights-of-way that will address various issues, including access for blind pedestrians at street crossings, wheelchair access to on-street parking, and various constraints posed by space limitations, roadway design practices, slope, and terrain; Whereas the Board’s new guidelines, when finalized, will cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way; Whereas the Board’s aim in developing these guidelines is to ensure that access for persons with disabilities is provided wherever a pedestrian way is newly built or altered, and that the same degree of convenience, connection, and safety afforded the public generally is available to pedestrians with disabilities; Whereas once these guidelines are adopted by the Department of Justice, they will become enforceable standards under title II of the ADA; and Whereas the United States was founded on principles of equality and freedom, and these principles require that all people, including people with disabilities, are able to engage as equal members of society: Now, therefore, be it
That Congress— (1) recognizes that people with disabilities in the United States experience barriers to access on a daily basis; (2) reaffirms its support of the Act entitled An Act to insure that certain buildings financed with Federal funds are so designed and constructed as to be accessible to the physically handicapped , approved August 12, 1968 ( 42 U.S.C. 4151 et seq. ) (commonly known as the Architectural Barriers Act of 1968), and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and encourages full compliance with such Acts; and (3) pledges to make universal and inclusive design a guiding principle for all infrastructure bills and projects and will continue working to identify and remove the barriers that prevent all people of the United States from having equal access to the services provided by the Federal Government. | https://www.govinfo.gov/content/pkg/BILLS-117sconres29is/xml/BILLS-117sconres29is.xml |
117-sconres-30 | III 117th CONGRESS 2d Session S. CON. RES. 30 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mrs. Blackburn (for herself, Mr. Cramer , Mr. Grassley , Mrs. Hyde-Smith , Mr. Scott of Florida , Ms. Ernst , Mr. Tillis , Mr. Daines , and Mr. Wicker ) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations CONCURRENT RESOLUTION Expressing the sense of Congress that the United Nations should take immediate procedural actions necessary to amend Article 23 of the Charter of the United Nations to remove the Russian Federation as a permanent member of the United Nations Security Council.
Whereas the United Nations Security Council is tasked with upholding international peace and security among the countries of the world; Whereas the primary responsibility of the United Nations Security Council is to determine the existence of a threat to international peace or act of aggression and to recommend what necessary action should be taken; Whereas Article 39 of the Charter of the United Nations states that The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security ; Whereas the United Nations Security Council currently has five permanent members: the United States of America, the United Kingdom, France, the People’s Republic of China, and the Russian Federation; Whereas the acts of aggression and malign influence by the Russian Federation and its proxies in Ukraine are a threat to the territorial integrity and democratic sovereignty of Ukraine and run counter to both the letter and spirit of the Security Council’s responsibility to maintain peace and security; Whereas the build-up of nearly 200,000 Russian Federation military troops, artillery, tanks, armor, and other military equipment on Ukraine’s border since March 2021 has significantly threatened the safety, security, stability, and sovereignty of Ukraine and has destabilized the security of the continent of Europe; Whereas, on February 21, 2022, the Russian Federation deployed additional military forces into two Russian-declared separatist regions of eastern Ukraine, which are under Ukrainian government control; Whereas, on February 22, 2022, Russian Federation President Vladimir Putin recognized the independence of the two Russian-backed separatist republics in eastern Ukraine, the Donetsk and Luhansk People’s Republics, and secured parliamentary authorization to deploy additional Russian forces abroad, setting conditions for a further offensive against Ukraine; Whereas, on February 24, 2022, Russian Federation President Vladimir Putin launched a well-coordinated disinformation campaign, announcing the start of a special military operation aimed at the demilitarization and denazification of Ukraine in order to protect the people who have been abused by the genocide of the Kyiv regime for 8 years ; Whereas, on February 24, 2022, the Russian Federation launched multiple unprovoked missile strikes in Kyiv, Ukraine, as well as in numerous key eastern Ukrainian cities, including Kharkiv, Odessa, Mariupol, Dnipro, and Kramatorsk, jeopardizing the safety of civilians and with the intent to strike Ukrainian military infrastructure, including airfields, military depots, air defenses, and command and control sites; and Whereas the increased aggression of the Russian Federation against the sovereignty of Ukraine has destabilized the security of the continent of Europe and could cause massive casualties, energy shortages, and financial instability across the globe: Now, therefore, be it
That Congress— (1) condemns the Russian Federation’s invasion of Ukraine’s sovereign territory and its ongoing support of proxy militias in the region, which together pose a direct threat to international peace and security and run contrary to its responsibilities and obligations as a permanent member of the United Nations Security Council; (2) urges the President to direct the United States representative to the United Nations to use the voice, vote, and influence of the United States to take all necessary steps to remove the Russian Federation as a Permanent Member of the United Nations Security Council; and (3) urges other member states to support such efforts to hold the Russian Federation accountable at the United Nations by supporting such efforts. | https://www.govinfo.gov/content/pkg/BILLS-117sconres30is/xml/BILLS-117sconres30is.xml |
117-sconres-31 | III 117th CONGRESS 2d Session S. CON. RES. 31 IN THE SENATE OF THE UNITED STATES March 1, 2022 Mr. Kelly (for himself and Mr. Tester ) submitted the following concurrent resolution; which was referred to the Committee on Homeland Security and Governmental Affairs CONCURRENT RESOLUTION Requiring all Members of Congress to publish a public schedule.
1. Short title This resolution may be cited as the Transparency in Congress Resolution of 2022 . 2. Publication of public schedule (a) Definitions In this section— (1) the term disclosure has the meaning given that term in section 2302(a)(2) of title 5, United States Code; (2) the term Member of Congress has the meaning given that term in section 2106 of title 5, United States Code, except that such term does not include the Vice President; and (3) the term public schedule means the public schedule of a Member of Congress required to be published under subsection (b)(1). (b) Requirement (1) In general Not later than the last day of each month, each Member of Congress shall publish a public schedule of the Member of Congress for the preceding month that includes the following: (A) A daily calendar of— (i) each hearing, meeting, or event attended by the Member of Congress during the month, either in person or by teleconference or other electronic means, at which the Member of Congress appears in his or her official capacity; and (ii) the floor activity of the Member of Congress during the month. (B) For each meeting or event described in subparagraph (A), if known by the Member of Congress— (i) a general description of the individuals, entities, or organizations participating in the meeting or event; or (ii) a general description of the meeting or event. (2) Exclusions A public schedule is not required to include— (A) personal or campaign meetings or events; (B) meetings or events with congressional staff; or (C) meetings or events at which the Member of Congress is not appearing in an official capacity. (c) Information not disclosed A Member of Congress may determine to not disclose in a public schedule the following information: (1) Any information— (A) that implicates personal privacy or law enforcement concerns; (B) that implicates the personal safety of congressional staff (including the time of the arrival or departure of congressional staff from their duty station); or (C) the release or disclosure of which would cause a threat to national security interests or reveal information that is confidential or classified. (2) Information related to particularly sensitive meetings, including a meeting with an anonymous or confidential whistleblower. (d) Availability (1) In general For each Congress and as required under subsection (b)(1), a Member of Congress shall make each monthly public schedule of the Member of Congress publicly available on the website of the Member of Congress at least until the date that is 30 days after— (A) the last day of the Congress; or (B) in the case of a Member of Congress whose service as a Member of Congress ends before the last day of the Congress, the last day of such service. (e) Ethics implementation and guidance The Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives— (1) shall have authority to implement this resolution with respect to Members of Congress of the applicable House; and (2) may issue guidance as needed to implement this resolution. (f) Effective date A Member of Congress shall make available the public schedule of the Member of Congress in accordance with this section for each day on or after the date that is 180 days after the date of adoption of this resolution. | https://www.govinfo.gov/content/pkg/BILLS-117sconres31is/xml/BILLS-117sconres31is.xml |
117-sconres-32 | III 117th CONGRESS 2d Session S. CON. RES. 32 IN THE SENATE OF THE UNITED STATES March 8 (legislative day, March 7), 2022 Ms. Hirono (for herself and Mr. Peters ) submitted the following concurrent resolution; which was referred to the Committee on Health, Education, Labor, and Pensions CONCURRENT RESOLUTION Expressing support for the recognition of March 10, 2022, as Abortion Provider Appreciation Day .
Whereas March 10 has been established as a day to show appreciation for the essential, high-quality care that abortion providers and clinic staff provide to their communities and those traveling to their communities, and to celebrate their courage, compassion, and dedication to their work; Whereas this date is established in honor of Dr. David Gunn, who was killed outside his abortion clinic in Pensacola, Florida, by a white supremacist, antiabortion extremist, in the first known instance of murder of an abortion provider on March 10, 1993; Whereas abortion providers and clinic staff play a critical role in a world where people must be able to make essential and time-sensitive decisions about their bodies, lives, and futures; Whereas abortion providers and clinic staff help to ensure that all people who can become pregnant can make their own decisions about their bodies and their pregnancies, and support their patients’ decisions by treating them with dignity, empathy, compassion, and respect; Whereas abortion providers and clinic staff play an essential role within the reproductive justice framework, which was created by a group of Black women in 1994, who determined the necessity of adopting a human rights framework that demands every person has the human right to bodily autonomy, which includes if, when, and how to have children, to not have children, and to parent the children they have in safe and sustainable communities; Whereas people seeking abortion care across the United States also rely on the work of abortion funds and practical support organizations to access abortion care for themselves and their families; Whereas abortion funds and practical support organizations that rely on donations face increasing demand as people are forced into the vicious cycle of having to travel longer distances, find childcare or lodging, and raise money to obtain an abortion and cover associated costs; Whereas restrictions on accessing abortion care have far-reaching consequences in both deepening existing inequities caused by structural racism and systemic discrimination in the maternal health care system and worsening health outcomes for pregnant people, people giving birth, and their families; Whereas abortion care restrictions in some States have forced many abortion clinics to shut down, such that 90 percent of counties in the United States today do not have an abortion provider, the number of independent abortion clinics in the United States has declined by 1/3 since 2012, and efforts to undermine critical supports for patients, including family planning supports, have further threatened the work of abortion providers; Whereas restricting access to abortion care creates and increases the out-of-pocket costs and logistical burdens that patients face to get care while exposing the remaining abortion providers and staff to increased levels of harassment and politically motivated restrictions; Whereas the National Abortion Federation’s 2020 statistics on violence and disruption found an alarming escalation in incidents of obstruction, vandalism, and trespassing at abortion clinics, with abortion providers reporting an increase in death threats and threats of harm from 92 incidents in 2019 to 200 in 2020; Whereas Black, indigenous, and other providers and patients of color face heightened levels of threats, harassment, and violence as compared to their White counterparts; Whereas 2021 marked the worst year for abortion rights since Roe v. Wade, 410 U.S. 113 (1973), was decided, and the passage and enforcement of restrictions on abortion access and the criminalization of abortion has emboldened antiabortion individuals and groups to continue to harass providers and the patients they care for; Whereas the Supreme Court of the United States is now (as of the date of adoption of this resolution) considering Dobbs v. Jackson Women’s Health Organization, 141 S.Ct. 2619 (2021), a case that the justices could use to overturn or severely undermine Roe v. Wade, and at the same time has refused to block Texas’s blatantly unconstitutional ban on abortion at approximately 6 weeks of pregnancy, allowing Texas to ban the majority of abortions in the State; Whereas the ripple effects of Texas’s abortion ban have been felt by communities and abortion providers across the country as abortion clinics try to absorb the massive influx of Texas’s patients who have the resources to travel and are seeking abortion care elsewhere; Whereas, should the Supreme Court overturn or severely undermine Roe v. Wade, Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin, and Wyoming could act as soon as possible to prohibit abortion and criminalize abortion providers; Whereas Roe v. Wade alone has never been sufficient to ensure that all people, especially Black people, indigenous people, people of color, working class and low-income people, LGBTQIA+ people, people who are immigrants, younger people, people with disabilities, geographically isolated people, and people with multimarginal identities, can get the abortion care they need; Whereas the unraveling or overturning of Roe v. Wade threatens the ability of abortion providers and the clinic staff who support them to serve their patients; and Whereas in the face of multifaceted attacks on their work, abortion providers remain an essential and valued part of their communities, providing high-quality, compassionate, and necessary health care, and courageously delivering this care despite pressures, restrictions, political interference, and violent threats to their personal safety: Now, therefore, be it
That Congress— (1) recognizes March 10, 2022, as Abortion Provider Appreciation Day to celebrate the courage, compassion, and high-quality care that abortion providers and clinic staff offer to patients and their families across the country; (2) lauds communities across the country who are proud to be home to abortion providers and clinic staff; (3) affirms Congress’s commitment to ensuring the safety of abortion providers, their ability to continue providing the essential care their patients need, and the right of their patients to access abortion care no matter where they live, free from fear of violence, criminalization, or stigma; and (4) declares a vision for a future where access to abortion is liberated from restrictions and bans universally, and affirms Congress’s commitment to working toward this goal in partnership with providers, patients, advocates, and their communities. | https://www.govinfo.gov/content/pkg/BILLS-117sconres32is/xml/BILLS-117sconres32is.xml |
117-sconres-33 | III 117th CONGRESS 2d Session S. CON. RES. 33 IN THE SENATE OF THE UNITED STATES March 10 (legislative day, March 7), 2022 Mr. Moran (for himself and Mr. Marshall ) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Commending the heroism of Olathe East High School Administrator Dr. Kaleb Stoppel and School Resource Officer Erik Clark in responding to a student armed with a firearm.
Whereas, on Friday, March 4, 2022, 2 employees of Olathe East High School in Olathe, Kansas, Administrator Dr. Kaleb Stoppel (referred to in this preamble as Dr. Stoppel ) and School Resource Officer Erik Clark (referred to in this preamble as Officer Clark ), were shot and wounded while engaging with an armed student; Whereas the decision of Dr. Stoppel to remove the student from class and the swift response of Officer Clark to neutralize the student after he began shooting prevented the loss of innocent lives at Olathe East High School; Whereas Officer Clark has been a school resource officer at Olathe East High School for 7 years and a law enforcement officer for 15 years; and Whereas Dr. Stoppel has been an Assistant Principal and the Athletic Director of Olathe East High School for nearly 4 years and an educator for nearly 13 years: Now, therefore, be it
That the Senate— (1) commends Administrator Dr. Kaleb Stoppel and School Resource Officer Erik Clark for their heroic actions to protect students and staff of Olathe East High School; and (2) recognizes Administrator Dr. Kaleb Stoppel and School Resource Officer Erik Clark for their years of dedication and service to their community as an educator and a member of law enforcement, respectively. | https://www.govinfo.gov/content/pkg/BILLS-117sconres33is/xml/BILLS-117sconres33is.xml |
117-sconres-34 | III 117th CONGRESS 2d Session S. CON. RES. 34 IN THE SENATE OF THE UNITED STATES March 22, 2022 Mr. Lee (for himself, Mr. Cassidy , Mr. Braun , Mr. Scott of Florida , Mrs. Hyde-Smith , Ms. Ernst , Mr. Daines , Mr. Cramer , Mr. Marshall , Mr. Hoeven , Mrs. Blackburn , and Mr. Boozman ) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations CONCURRENT RESOLUTION To express the sense of Congress in opposition to the establishment of a new Palestinian consulate or diplomatic mission in Jerusalem.
Whereas the United States recognizes sovereign nations’ authority to designate their own capitals; Whereas Jerusalem has served as the diplomatic capital of Israel for decades and has remained the cultural center of Israel and of the Jewish people for millennia; Whereas large, bipartisan supermajorities in the Senate and the House of Representatives voted for the Jerusalem Embassy Act of 1995 ( Public Law 104–45 ), which states, as the policy of the United States— (1) Jerusalem should remain an undivided city ; (2) Jerusalem should be recognized as the capital of the State of Israel ; and (3) the United States Embassy in Israel should be established in Jerusalem ; Whereas, in 2018, the Trump administration relocated the United States Embassy in Israel to Jerusalem in accordance with the Jerusalem Embassy Act of 1995; Whereas the Biden administration’s plan to open a Palestinian consulate in Jerusalem could be viewed as a challenge to— (1) Israel’s sovereignty over Jerusalem; and (2) Jerusalem’s status as an undivided city; Whereas such plan has received bipartisan criticism among members of the Government of the United States and the Government of Israel; Whereas the United States Embassy in Jerusalem’s Palestinian Affairs Unit already manages, in a timely and effective manner, the proposed responsibilities of the Biden administration’s planned Palestinian consulate in Jerusalem; and Whereas the opening and maintenance of a new and unnecessary consulate in Jerusalem would require a substantial expenditure of American taxpayer funds: Now, therefore, be it
That it is the sense of Congress that— (1) Congress opposes the establishment of a new Palestinian consulate in Jerusalem; (2) establishing such a consulate would violate the intent of the Jerusalem Embassy Act of 1995; (3) any establishment of a new consulate or diplomatic mission in Jerusalem should not move forward without congressional approval through the passage of new legislation; and (4) the presence of a United States diplomatic mission devoted to a non-state actor in Israel’s sovereign capital would be an affront to the territorial integrity of a long-standing United States partner and ally. | https://www.govinfo.gov/content/pkg/BILLS-117sconres34is/xml/BILLS-117sconres34is.xml |
117-sconres-35 | III 117th CONGRESS 2d Session S. CON. RES. 35 IN THE SENATE OF THE UNITED STATES March 31, 2022 Mr. Schatz (for himself, Mr. Markey , Mr. Casey , Ms. Hirono , Ms. Warren , Ms. Baldwin , Ms. Duckworth , Mr. Booker , Ms. Cortez Masto , Ms. Rosen , Mr. Carper , Mr. Blumenthal , Mrs. Murray , Mr. Wyden , Mr. Whitehouse , Mr. Bennet , Mr. Heinrich , Mrs. Feinstein , and Mr. Murphy ) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Supporting the goals and ideals of International Transgender Day of Visibility.
Whereas International Transgender Day of Visibility was founded in 2009 to honor the achievements and contributions of the transgender community; Whereas International Transgender Day of Visibility is designed to be encompassing of a large community of individuals, including individuals who identify as nonbinary, gender-nonconforming, and gender-diverse; Whereas International Transgender Day of Visibility is a time to celebrate the lives and achievements of transgender, nonbinary, gender-nonconforming, and gender-diverse individuals around the world, and to recognize the bravery it takes to live openly and authentically; Whereas International Transgender Day of Visibility is also a time to raise awareness of the discrimination and violence that the transgender community still faces, which make it difficult and even unsafe or fatal for many transgender individuals to be visible; Whereas the transgender community has suffered oppression disproportionately in many ways, including— (1) discrimination in the workplace; (2) discrimination in educational institutions; and (3) subjection to violence; Whereas forms of transgender oppression are exacerbated for transgender individuals of color, individuals with limited resources, immigrants, individuals living with disabilities, justice-involved individuals, and transgender youth; Whereas a record number of anti-transgender State bills have been introduced in recent years; Whereas the transgender community has made it clear that transgender individuals will not be erased and deserve to be accorded all of the rights and opportunities made available to all; Whereas, before the creation of the United States, Indigenous two-spirit, transgender, nonbinary, gender-nonconforming, and gender-diverse individuals existed across North America in many Native American communities; Whereas many Native American communities have specific terms in their own languages for the gender-variant members of their communities and the social and spiritual roles these individuals fulfill; Whereas, while many two-spirit and gender-variant traditions in Native American communities were lost or actively suppressed by the efforts of missionaries, government agents, boarding schools, and settlers, many of these traditions have seen a revival in recent decades; Whereas transgender, nonbinary, gender-nonconforming, and gender-diverse individuals continue to bravely tell their stories and push for full equity under the law; Whereas the civil-rights struggle has been strengthened and inspired by the leadership of the transgender community; Whereas 23 States have at least 1 transgender elected official, and there are 12 transgender, gender-nonconforming, or nonbinary elected officials in State legislatures, including— (1) Danica Roem; (2) Gerri Cannon; (3) Cesar Chavez; (4) Brianna Titone; (5) Lisa Bunker; (6) Joshua Query; (7) Sarah McBride; (8) Stephanie Byers; (9) Taylor Small; (10) Mauree Turner; (11) Stacie Laughton; and (12) Mike Simmons; Whereas voters in the State of Delaware elected Sarah McBride as the first openly transgender State senator in the United States; Whereas voters in the State of Oklahoma elected Mauree Turner as the first openly nonbinary State legislator in the United States; Whereas, in the State of Illinois, Mike Simmons became the first openly nonbinary or gender-nonconforming State senator in the United States; Whereas 4 States have a transgender jurist on the bench, including— (1) Judge Phyllis Frye of Texas; (2) Judge Victoria Kolakowski of California; (3) Commissioner Tracy Nadzieja of Arizona; and (4) Judge Jill Rose Quinn of Illinois; Whereas Admiral Rachel L. Levine, MD, was the first openly transgender Federal official confirmed by the United States Senate and is the highest ranking openly transgender Federal Government official in the history of the United States; Whereas Stella Keating became the first transgender teen to testify before the United States Senate; Whereas more transgender individuals are gracing the covers of magazines to raise awareness of their gender identity and the importance of living authentically; Whereas transgender individuals have created culture and history as artists, musicians, healers, workers, and organizers; and Whereas International Transgender Day of Visibility is a time to celebrate the transgender community around the world: Now, therefore, be it
That the Senate— (1) supports the goals and ideals of International Transgender Day of Visibility; (2) encourages the people of the United States to observe International Transgender Day of Visibility with appropriate ceremonies, programs, and activities; (3) celebrates the accomplishments and leadership of transgender, nonbinary, gender-nonconforming, and gender-diverse individuals; and (4) recognizes the bravery of the transgender community as it fights for equal dignity and respect. | https://www.govinfo.gov/content/pkg/BILLS-117sconres35is/xml/BILLS-117sconres35is.xml |
117-sconres-36 | III 117th CONGRESS 2d Session S. CON. RES. 36 IN THE SENATE OF THE UNITED STATES April 27, 2022 Mr. Blunt (for himself, Mr. Brown , and Mr. Cotton ) submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Honoring the life and legacy of Ulysses S. Grant in commemoration of his 200th Birthday.
Whereas, on July 1, 1843, Ulysses S. Grant graduated from the United States Military Academy at West Point, and, on July 31, 1854, Grant resigned from the Army at the grade of Captain; Whereas, following President Abraham Lincoln’s April 15, 1861, proclamation calling for 75,000 volunteers to suppress Confederate forces, Ulysses S. Grant rejoined the Army and helped recruit and train volunteer soldiers for the Union; Whereas, over the course of the American Civil War, Ulysses S. Grant commanded a cumulative total of over 620,000 Union soldiers and achieved major victories, including Fort Henry (February 1862), Fort Donelson (February 1862), Shiloh (April 1862), the Vicksburg Campaign (November 1862–July 1863), Chattanooga (November 1863), the Wilderness Campaign (May 1864–June 1864), the Petersburg Campaign (June 1864–April 1865), and the Appomattox Campaign (April 1865); Whereas, on February 29, 1864, Congress reestablished the grade of Lieutenant-General of the United States Army and authorized the President to appoint, by and with the advice and consent of the Senate, an officer who was most distinguished for courage, skill, and ability (38th Congress, Session I, Chap. 14, Sec. 1), and that same day, President Abraham Lincoln nominated Ulysses S. Grant to be Lieutenant-General; Whereas, on March 10, 1864, President Abraham Lincoln formally appointed Ulysses S. Grant to the grade of Lieutenant-General of the Army, a position previously held by only George Washington and Winfield Scott, although Scott’s promotion was a brevet appointment; Whereas, on July 25, 1866, Congress established the grade of General of the Army of the United States (39th Congress, Session I, Chap. 232), and Ulysses S. Grant was appointed, by and with the advice and consent of the Senate, to General of the Army of the United States for his role in commanding the Union armies during the Civil War; Whereas, on March 4, 1869, Ulysses S. Grant was sworn in as the 18th President of the United States; and Whereas, throughout his two terms as President, Ulysses S. Grant secured the ratification of the 15th amendment to the Constitution, the creation of the Department of Justice, and the passage and implementation of the Civil Rights Act of 1875: Now, therefore, be it
That Congress— (1) honors Ulysses S. Grant for his efforts and leadership in defending the union of the United States of America; (2) recognizes that the military victories achieved under the command of Ulysses S. Grant were integral to the preservation of the United States of America; and (3) affirms that Ulysses S. Grant is among the most influential military commanders in the history of the United States of America. | https://www.govinfo.gov/content/pkg/BILLS-117sconres36ats/xml/BILLS-117sconres36ats.xml |
117-sconres-37 | III 117th CONGRESS 2d Session S. CON. RES. 37 IN THE SENATE OF THE UNITED STATES May 2, 2022 Ms. Ernst submitted the following concurrent resolution; which was referred to the Committee on Commerce, Science, and Transportation CONCURRENT RESOLUTION Declaring a state of emergency due to the Russian invasion of Ukraine, in order to establish a waiver of the minimum tonnage requirements of section 55305 of title 46, United States Code.
Whereas, in March and April 2014, the Russian military invaded and annexed the Ukrainian peninsula of Crimea, and the Russian Federation took action to establish pro-Russian separatist states in the Donbas region of Ukraine; Whereas, the Russian Federation has failed to follow the cease-fire agreements established by the Minsk 1 and Minsk 2 accords, and conflict has been present in Ukraine since such invasion and annexation; Whereas, throughout 2021, Russia amassed troops, weapon systems, and hardware on the border of Russia and Ukraine; Whereas, on December 17, 2021, the Russian Federation presented the North Atlantic Treaty Organization (referred to in this preamble as NATO ) with a list of security demands, including that NATO would never allow Ukraine, or other former Soviet states, into the alliance; Whereas such demands are non-starters for NATO and its open door policy , which dates to the alliance’s founding and gives no third party a say in such deliberations, and such demands were only offered as a justification for a Russian invasion; Whereas, on February 21, 2022, President Vladimir Putin officially recognized the regions of Donetsk and Luhansk as independent states despite international consensus that those regions remain part of the sovereign territory of Ukraine; Whereas, on February 22, 2022, President Putin ordered Russian troops to enter Donetsk and Luhansk on a peacekeeping mission while setting the stage for a larger invasion; Whereas, on February 24, 2022, President Putin ordered Russian forces to conduct a full-scale invasion, moving beyond the regions of Donetsk and Luhansk, and initiating attacks throughout broader Ukrainian territory; Whereas Russian forces continue to devastate Ukraine’s hospitals, schools, homes, and other civilian infrastructure, and threaten nuclear power plants with heavy artillery, multi-launch rocket systems, and munitions systems, with no regard for civilian casualties; Whereas, an October 19, 2017, Government Accountability Office Report stated that a 2015 analysis of agency data found that the application of CPFA requirements increased United States Agency for International Development’s and United States Department of Agriculture’s costs for shipping food aid by about 23 percent, or $107 million, compared with the estimated shipping costs without application of CPFA requirements, from April 2011 through fiscal year 2014. ; Whereas, in a United States Agency for International Development fact sheet titled: Food Aid Reform: Behind the Numbers , the United States Agency for International Development stated that eliminating the mandatory cargo preference reimbursements will reduce the deficit by an estimated $50,000,000 per year; Whereas, in March 2020, the American Enterprise Institute published a report titled The Cost of Cargo Preferences for International Food Aid Programs , which— (1) found that removing cargo preference requirements would allow for between $36 and $64 million of already appropriated funds to go to feeding the hungry and would benefit U.S. soft power globally ; (2) stated that Owners of U.S.-flagged vessels do not just charge higher freight rates for emergency aid shipments. They also use older, slower, and less efficient ships that take more time to complete their journeys, adding significantly to delays in the delivery of urgently needed resources to populations at risk of malnutrition. ; and (3) concluded that cargo preference for food aid imposes substantial costs of USAID’s Title II program budget. . . . The impacts are substantial, reducing the funds available for additional food aid programs by $52.83 million a year. ; Whereas, in a March 25, 2022, information note titled The importance of Ukraine and the Russian Federation for global agricultural markets and the risks associated with the current conflict , the Food and Agriculture Organization (referred to in this preamble as the FAO ) of the United Nations stated that— (1) the invasion of Ukraine could raise food prices by 8 to 22 percent above their already elevated baseline levels ; (2) current indications are that, as a result of the conflict, between 20 and 30 percent of areas sown to winter crops in Ukraine will remain unharvested during the 2022/23 season, with the yields of these crops also likely to be adversely affected ; and (3) FAO’s simulations suggest that under such a scenario, the global number of undernourished people could increase by 8 to 13 million people in 2022/23, with the most pronounced increases taking place in Asia-Pacific, followed by sub-Saharan Africa, and the Near East and North Africa. ; Whereas, on April 8, 2022, the Associated Press published that The U.N. Food and Agriculture Organization said its Food Price Index, which tracks monthly changes in international prices for a basket of commodities, averaged 159.3 points last month, up 12.6% from February , and that As it is, the February index was the highest level since its inception in 1990. ; Whereas, on April 27, 2022, the United States Agency for International Development said in a press release that The world is suffering from historic levels of global food insecurity, which is being exacerbated by the impact Russia's war on Ukraine is having on global food supplies. Available estimates suggest that an additional 40 million people could be pushed into poverty and food insecurity as a result of Russia’s aggression. ; Whereas, on April 27, 2022, the Administrator of the United States Agency for International Development, Samantha Power, said that In Ukraine, which provides 10 percent of the world's wheat, farmers are struggling to plant and harvest their crops for fear of shelling and Russian landmines, and their path to exporting these vital commodities is severely restricted by Russia’s invasion, which caused the closure of Ukraine's ports. ; and Whereas, on April 27, 2022, Secretary of Agriculture Tom Vilsack, said that Russia’s unprovoked war on Ukraine, a fellow major agricultural export country, is driving food and energy costs higher for people around the world. : Now, therefore, be it
That— (1) a state of emergency exists due to the Russian invasion of Ukraine; (2) such state of emergency justifies a waiver of the minimum tonnage requirements that apply to cargoes procured, furnished, or financed by the United States Government, in accordance with section 55305(c) of title 46, United States Code; and (3) the heads of the appropriate agencies shall be notified of such waiver. | https://www.govinfo.gov/content/pkg/BILLS-117sconres37is/xml/BILLS-117sconres37is.xml |
117-sconres-38 | III 117th CONGRESS 2d Session S. CON. RES. 38 IN THE SENATE OF THE UNITED STATES May 3, 2022 Ms. Ernst (for herself and Mr. Coons ) submitted the following concurrent resolution; which was referred to the Committee on Commerce, Science, and Transportation CONCURRENT RESOLUTION Declaring a state of emergency due to the Russian invasion of Ukraine, in order to establish a waiver of the minimum tonnage requirements of section 55305 of title 46, United States Code.
Whereas, in February 2014, the Russian military invaded and annexed the Ukrainian peninsula of Crimea, and the Russian Federation took action to establish pro-Russian separatist States in the Donbas region of Ukraine; Whereas, the Russian Federation has failed to follow the cease-fire agreements established by the Minsk 1 and Minsk 2 accords, and conflict has been ongoing in Ukraine since such invasion and annexation; Whereas, throughout 2021, Russia amassed troops, weapon systems, and military hardware on the border of Russia and Ukraine; Whereas, on December 17, 2021, the Russian Federation presented the North Atlantic Treaty Organization (referred to in this preamble as NATO ) with a list of security demands, including that NATO would never allow Ukraine, or other former Soviet States, into the alliance; Whereas such demands are counter to NATO’s open door policy , which dates to the alliance’s founding and gives no third party a say in such deliberations; Whereas, on February 21, 2022, President Vladimir Putin officially recognized the regions of Donetsk and Luhansk as independent States despite international consensus that those regions remain part of the sovereign territory of Ukraine; Whereas, on February 22, 2022, President Putin ordered Russian troops to enter Donetsk and Luhansk on a peacekeeping mission while setting the stage for a larger invasion; Whereas, on February 24, 2022, President Putin ordered Russian forces to conduct a full-scale invasion, moving beyond the regions of Donetsk and Luhansk, and initiating attacks throughout broader Ukrainian territory; Whereas Russian forces continue to devastate Ukraine’s hospitals, schools, homes, and other civilian infrastructure, and threaten nuclear power plants with heavy artillery, multi-launch rocket systems, and munitions systems, with no regard for civilian casualties; Whereas, an October 19, 2017, Government Accountability Office Report stated that a 2015 analysis of agency data found that the application of [Cargo Preference for Food Aid (CPFA)] requirements increased United States Agency for International Development’s and United States Department of Agriculture’s costs for shipping food aid by about 23 percent, or $107 million, compared with the estimated shipping costs without application of CPFA requirements, from April 2011 through fiscal year 2014. ; Whereas, in a United States Agency for International Development fact sheet titled: Food Aid Reform: Behind the Numbers , the United States Agency for International Development stated that eliminating the mandatory cargo preference reimbursements will reduce the deficit by an estimated $50,000,000 per year; Whereas, in March 2020, the American Enterprise Institute published a report titled The Cost of Cargo Preferences for International Food Aid Programs , which— (1) found that removing cargo preference requirements would allow for between $36 and $64 million of already appropriated funds to go to feeding the hungry and would benefit U.S. soft power globally ; and (2) concluded that cargo preference for food aid imposes substantial costs on USAID’s Title II program budget. … The impacts are substantial, reducing the funds available for additional food aid programs by $52.83 million a year. ; Whereas, in a March 25, 2022, information note titled The importance of Ukraine and the Russian Federation for global agricultural markets and the risks associated with the current conflict , the Food and Agriculture Organization (referred to in this preamble as the FAO ) of the United Nations stated that— (1) the invasion of Ukraine could raise food prices by 8 to 22 percent above their already elevated baseline levels ; (2) current indications are that, as a result of the conflict, between 20 and 30 percent of areas sown to winter crops in Ukraine will remain unharvested during the 2022/23 season, with the yields of these crops also likely to be adversely affected ; and (3) FAO’s simulations suggest that under such a scenario, the global number of undernourished people could increase by 8 to 13 million people in 2022/23, with the most pronounced increases taking place in Asia-Pacific, followed by sub-Saharan Africa, and the Near East and North Africa. ; Whereas, on April 8, 2022, the Associated Press published that The U.N. Food and Agriculture Organization said its Food Price Index, which tracks monthly changes in international prices for a basket of commodities, averaged 159.3 points last month, up 12.6% from February , and that As it is, the February index was the highest level since its inception in 1990. ; Whereas, on April 27, 2022, the United States Agency for International Development said in a press release that The world is suffering from historic levels of global food insecurity, which is being exacerbated by the impact Russia's war on Ukraine is having on global food supplies. Available estimates suggest that an additional 40 million people could be pushed into poverty and food insecurity as a result of Russia’s aggression. ; Whereas, on April 27, 2022, the Administrator of the United States Agency for International Development, Samantha Power, said that In Ukraine, which provides 10 percent of the world's wheat, farmers are struggling to plant and harvest their crops for fear of shelling and Russian landmines, and their path to exporting these vital commodities is severely restricted by Russia’s invasion, which caused the closure of Ukraine's ports. ; and Whereas, on April 27, 2022, Secretary of Agriculture Tom Vilsack, said that Russia’s unprovoked war on Ukraine, a fellow major agricultural export country, is driving food and energy costs higher for people around the world. : Now, therefore, be it
That— (1) a state of emergency exists due to the Russian invasion of Ukraine; (2) such state of emergency— (A) for the purposes of subparagraph (B), shall be in effect beginning on May 1, 2022, and ending on February 1, 2025; and (B) justifies a waiver during such period of time of the minimum tonnage requirements, in accordance with section 55305(c) of title 46, United States Code, for the transport of equipment, materials, or commodities related to humanitarian operations resulting from the 2022 Russian invasion of Ukraine; and (3) the heads of the appropriate agencies shall be notified of such waiver. | https://www.govinfo.gov/content/pkg/BILLS-117sconres38is/xml/BILLS-117sconres38is.xml |
117-sconres-39 | III 117th CONGRESS 2d Session S. CON. RES. 39 IN THE SENATE OF THE UNITED STATES May 12, 2022 Mr. Schatz (for himself and Mrs. Murray ) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary CONCURRENT RESOLUTION Honoring the 1,000,000 individuals who have died from COVID–19 in the United States.
Whereas, on May 12, 2022, the United States reached 1,000,000 confirmed lives lost due to COVID–19; Whereas the first laboratory-confirmed case of COVID–19 in the United States was recorded by the Centers for Disease Control and Prevention on January 20, 2020; Whereas the first known death from COVID–19 in the United States occurred in February 2020; Whereas, in the months following the first recorded death, the COVID–19 pandemic has impacted individuals, families, and communities across the United States; Whereas estimates report that the death toll from COVID–19 has increased the number of orphans in the United States by nearly 200,000 children; Whereas scientific breakthroughs have been effective at reducing the COVID–19 death toll; and Whereas it is recognized that mitigation efforts can reduce the number of deaths due to COVID–19 and save lives: Now, therefore, be it
That Congress— (1) recognizes and mourns the 1,000,000 known lives lost in the United States due to COVID–19; and (2) honors the memory of the deceased and offers condolences to their families and loved ones. | https://www.govinfo.gov/content/pkg/BILLS-117sconres39is/xml/BILLS-117sconres39is.xml |
117-sconres-40 | III 117th CONGRESS 2d Session S. CON. RES. 40 IN THE SENATE OF THE UNITED STATES May 17, 2022 Mr. Menendez (for himself and Mr. Risch ) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations CONCURRENT RESOLUTION Welcoming the Prime Minister of Greece to the United States for an address to a joint meeting of Congress.
Whereas the concept of democracy—that the people have the power to govern—was developed in ancient Greece; Whereas the United States and Greece have enjoyed more than 150 years of diplomatic relations and share deep cultural connections and values; Whereas the United States and Greece have been partners and allies in all major international conflicts throughout modern history; Whereas Greece heroically resisted Axis forces at a crucial moment in World War II, forcing Adolf Hitler to change his timeline and delaying the attack on the Soviet Union; Whereas Winston Churchill said that if there had not been the virtue and courage of the Greeks, we do not know which the outcome of World War II would have been and no longer will we say that Greeks fight like heroes, but that heroes fight like Greeks ; Whereas the metropolitan area of Mariupol, Ukraine, where forces of the Russian Federation have committed unconscionable war crimes against the local population during the ongoing invasion of Ukraine by President Vladimir Putin, is home to approximately 120,000 ethnic Greeks; Whereas, after forces of the Russian Federation bombed a hospital in Ukraine on March 9, 2022, Prime Minister of Greece Kyriakos Mitsotakis said, on March 18, 2022, Greece is ready to rebuild the maternity hospital in Mariupol, the center of Greek minority in Ukraine, a city dear to our hearts and the symbol of barbarity of the war ; Whereas Greece has sent at least 4 humanitarian aid shipments to Ukraine, including non-perishable food, bottled water, antiseptics, medical supplies, and power generators; Whereas Greece has provided Ukraine with security assistance, including Kalashnikov rifles and portable rocket launchers; Whereas membership in the North Atlantic Treaty Organization (NATO) has further enhanced cooperation between the United States and Greece; Whereas Greece is an integral part of the European Union; Whereas the commitment of the United States and Greece to security cooperation led to the Mutual Defense Cooperation Agreement Between the Government of the United States of America and the Government of the Hellenic Republic, done at Athens July 8, 1990, which was updated in 2021 to enhance defense ties between the countries and promote stability in southeastern Europe; Whereas the Greek port of Alexandroupoli has been instrumental in allowing the United States to help reinforce the eastern flank of NATO and deter further aggression by the Russian Federation against allies and partners of the United States; Whereas the Floating Storage and Regasification Unit of Alexandroupoli, recently inaugurated, will contribute significantly to energy diversification of Greece and southeastern Europe, especially in light of the invasion of Ukraine by the Russian Federation; Whereas the United States has demonstrated its support for the trilateral partnership of Greece, Israel, and Cyprus by enacting into law the Eastern Mediterranean Security and Energy Partnership Act of 2019 (title II of division J of Public Law 116–94 ) and through joint engagement with Greece, Israel, and Cyprus in the 3+1 format; Whereas this support was bolstered in the United States-Greece Defense and Interparliamentary Partnership Act of 2021 (subtitle B of title XIII of Public Law 117–81 ), establishing a 3+1 Interparliamentary Group to discuss the expansion of cooperation in other areas of common concern; Whereas the United States is home to a robust Greek-American community of approximately 3,000,000 people, who meaningfully contribute to the cultural fabric of the United States; and Whereas the Speaker of the House has invited Prime Minister Mitsotakis to address a joint meeting of Congress on May 17, 2022: Now, therefore, be it
That the Senate— (1) warmly welcomes Prime Minister of Greece Kyriakos Mitsotakis to the United States; (2) eagerly anticipates the address of Prime Minister Mitsotakis before a joint meeting of Congress; (3) appreciates the historic and present role of Greece in the defense of democracy, including through the provision of support to Ukraine amid the ongoing brutal and unprovoked invasion by the Russian Federation; (4) commits to a continued partnership with Greece to bolster energy cooperation through the 3+1 format and help accelerate energy security in Europe; (5) reaffirms the steadfast and bipartisan support for the friendship between the people and Governments of the United States and Greece; and (6) appreciates the important role that Greek-Americans play in supporting the strong bonds that exist between the United States and Greece. | https://www.govinfo.gov/content/pkg/BILLS-117sconres40is/xml/BILLS-117sconres40is.xml |
117-sconres-41 | III Calendar No. 397 117th CONGRESS 2d Session S. CON. RES. 41 IN THE SENATE OF THE UNITED STATES June 6, 2022 Mr. Paul submitted the following concurrent resolution; which was referred to the Committee on the Budget ; committee discharged pursuant to Section 300 of the Congressional Budget Act and placed on the calendar CONCURRENT RESOLUTION Setting forth the congressional budget for the United States Government for fiscal year 2023 and setting forth the appropriate budgetary levels for fiscal years 2024 through 2032.
1. Concurrent resolution on the budget for fiscal year 2023 (a) Declaration Congress declares that this resolution is the concurrent resolution on the budget for fiscal year 2023 and that this resolution sets forth the appropriate budgetary levels for fiscal years 2024 through 2032. (b) Table of contents The table of contents for this concurrent resolution is as follows: Sec. 1. Concurrent resolution on the budget for fiscal year 2023. TITLE I—Recommended levels and amounts Subtitle A—Budgetary levels in both Houses Sec. 1101. Recommended levels and amounts. Sec. 1102. Major functional categories. Subtitle B—Levels and amounts in the Senate Sec. 1201. Social Security in the Senate. Sec. 1202. Postal Service discretionary administrative expenses in the Senate. TITLE II—Reserve funds Sec. 2001. Deficit reduction fund for efficiencies, consolidations, and other savings. Sec. 2002. Reserve fund relating to health savings accounts. TITLE III—Budget process Sec. 3001. Voting threshold for points of order. Sec. 3002. Emergency legislation. Sec. 3003. Enforcement of allocations, aggregates, and other levels. Sec. 3004. Point of order against legislation providing funding within more than 3 suballocations under section 302( b ). Sec. 3005. Duplication determinations by the Congressional Budget Office. Sec. 3006. Breakdown of cost estimates by budget function. Sec. 3007. Sense of the Senate on treatment of reduction of appropriations levels to achieve savings. Sec. 3008. Prohibition on preemptive waivers. Sec. 3009. Adjustments for legislation reducing appropriations. Sec. 3010. Adjustments to reflect legislation not included in the baseline. Sec. 3011. Authority. Sec. 3012. Exercise of rulemaking powers. I Recommended levels and amounts A Budgetary levels in both Houses 1101. Recommended levels and amounts The following budgetary levels are appropriate for each of fiscal years 2023 through 2032: (1) Federal revenues For purposes of the enforcement of this resolution: (A) The recommended levels of Federal revenues are as follows: Fiscal year 2023: $3,753,966,000,000. Fiscal year 2024: $3,736,891,000,000. Fiscal year 2025: $3,747,002,000,000. Fiscal year 2026: $3,840,831,000,000. Fiscal year 2027: $3,927,828,000,000. Fiscal year 2028: $4,051,594,000,000. Fiscal year 2029: $4,207,417,000,000. Fiscal year 2030: $4,372,177,000,000. Fiscal year 2031: $4,546,524,000,000. Fiscal year 2032: $4,735,590,000,000. (B) The amounts by which the aggregate levels of Federal revenues should be changed are as follows: Fiscal year 2023: $0. Fiscal year 2024: $0. Fiscal year 2025: $0. Fiscal year 2026: $0. Fiscal year 2027: $0. Fiscal year 2028: $0. Fiscal year 2029: $0. Fiscal year 2030: $0. Fiscal year 2031: $0. Fiscal year 2032: $0. (2) New budget authority For purposes of the enforcement of this resolution, the appropriate levels of total new budget authority are as follows: Fiscal year 2023: $4,733,014,000,000. Fiscal year 2024: $4,296,377,000,000. Fiscal year 2025: $3,985,572,000,000. Fiscal year 2026: $3,747,332,000,000. Fiscal year 2027: $3,513,561,000,000. Fiscal year 2028: $3,829,915,000,000. Fiscal year 2029: $3,935,633,000,000. Fiscal year 2030: $4,057,079,000,000. Fiscal year 2031: $4,122,624,000,000. Fiscal year 2032: $4,352,626,000,000. (3) Budget outlays For purposes of the enforcement of this resolution, the appropriate levels of total budget outlays are as follows: Fiscal year 2023: $4,688,000,000,000. Fiscal year 2024: $4,406,720,000,000. Fiscal year 2025: $4,142,317,000,000. Fiscal year 2026: $3,893,778,000,000. Fiscal year 2027: $3,660,151,000,000. Fiscal year 2028: $3,769,956,000,000. Fiscal year 2029: $3,883,054,000,000. Fiscal year 2030: $3,999,546,000,000. Fiscal year 2031: $4,119,532,000,000. Fiscal year 2032: $4,284,314,000,000. (4) Deficits For purposes of the enforcement of this resolution, the amounts of the deficits are as follows: Fiscal year 2023: −$934,034,000,000. Fiscal year 2024: −$669,829,000,000. Fiscal year 2025: −$395,315,000,000. Fiscal year 2026: −$52,947,000,000. Fiscal year 2027: $267,677,000,000. Fiscal year 2028: $281,638,000,000. Fiscal year 2029: $324,363,000,000. Fiscal year 2030: $372,631,000,000. Fiscal year 2031: $426,992,000,000. Fiscal year 2032: $451,276,000,000. (5) Public debt Pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(a)(5) ), the appropriate levels of the public debt are as follows: Fiscal year 2023: $31,761,154,000,000. Fiscal year 2024: $32,588,955,000,000. Fiscal year 2025: $33,153,838,000,000. Fiscal year 2026: $33,359,357,000,000. Fiscal year 2027: $33,122,228,000,000. Fiscal year 2028: $32,902,411,000,000. Fiscal year 2029: $32,691,715,000,000. Fiscal year 2030: $32,500,902,000,000. Fiscal year 2031: $32,248,671,000,000. Fiscal year 2032: $31,894,107,000,000. (6) Debt held by the public The appropriate levels of debt held by the public are as follows: Fiscal year 2023: $25,192,786,000,000. Fiscal year 2024: $25,919,336,000,000. Fiscal year 2025: $26,470,042,000,000. Fiscal year 2026: $26,687,038,000,000. Fiscal year 2027: $26,612,846,000,000. Fiscal year 2028: $26,630,541,000,000. Fiscal year 2029: $26,603,095,000,000. Fiscal year 2030: $26,710,214,000,000. Fiscal year 2031: $26,753,264,000,000. Fiscal year 2032: $26,757,117,000,000. 1102. Major functional categories Congress determines and declares that the appropriate levels of new budget authority and outlays for fiscal years 2023 through 2032 for each major functional category are: (1) National Defense (050): Fiscal year 2023: (A) New budget authority, $841,468,000,000. (B) Outlays, $808,162,000,000. Fiscal year 2024: (A) New budget authority, $864,903,000,000. (B) Outlays, $828,083,000,000. Fiscal year 2025: (A) New budget authority, $886,552,000,000. (B) Outlays, $856,141,000,000. Fiscal year 2026: (A) New budget authority, $908,158,000,000. (B) Outlays, $878,102,000,000. Fiscal year 2027: (A) New budget authority, $930,764,000,000. (B) Outlays, $900,086,000,000. Fiscal year 2028: (A) New budget authority, $954,148,000,000. (B) Outlays, $928,847,000,000. Fiscal year 2029: (A) New budget authority, $977,559,000,000. (B) Outlays, $939,564,000,000. Fiscal year 2030: (A) New budget authority, $1,001,321,000,000. (B) Outlays, $968,791,000,000. Fiscal year 2031: (A) New budget authority, $1,026,322,000,000. (B) Outlays, $992,818,000,000 Fiscal year 2032: (A) New budget authority, $1,049,254,000,000. (B) Outlays, $1,016,041,000,000. (2) International Affairs (150): Fiscal year 2023: (A) New budget authority, $72,110,000,000. (B) Outlays, $65,797,000,000. Fiscal year 2024: (A) New budget authority, $71,842,000,000. (B) Outlays, $67,566,000,000. Fiscal year 2025: (A) New budget authority, $73,417,000,000. (B) Outlays, $70,326,000,000. Fiscal year 2026: (A) New budget authority, $75,176,000,000. (B) Outlays, $72,251,000,000. Fiscal year 2027: (A) New budget authority, $76,942,000,000. (B) Outlays, $73,775,000,000. Fiscal year 2028: (A) New budget authority, $78,817,000,000. (B) Outlays, $75,464,000,000. Fiscal year 2029: (A) New budget authority, $80,669,000,000. (B) Outlays, $77,206,000,000. Fiscal year 2030: (A) New budget authority, $82,504,000,000. (B) Outlays, $79,116,000,000. Fiscal year 2031: (A) New budget authority, $84,402,000,000. (B) Outlays, $81,005,000,000. Fiscal year 2032: (A) New budget authority, $86,363,000,000. (B) Outlays, $82,801,000,000. (3) General Science, Space, and Technology (250): Fiscal year 2023: (A) New budget authority, $41,244,000,000. (B) Outlays, $39,348,000,000. Fiscal year 2024: (A) New budget authority, $42,241,000,000. (B) Outlays, $41,319,000,000. Fiscal year 2025: (A) New budget authority, $43,172,000,000. (B) Outlays, $42,283,000,000. Fiscal year 2026: (A) New budget authority, $44,127,000,000. (B) Outlays, $43,113,000,000. Fiscal year 2027: (A) New budget authority, $45,127,000,000. (B) Outlays, $43,978,000,000. Fiscal year 2028: (A) New budget authority, $46,166,000,000. (B) Outlays, $44,830,000,000. Fiscal year 2029: (A) New budget authority, $47,206,000,000. (B) Outlays, $45,852,000,000. Fiscal year 2030: (A) New budget authority, $48,256,000,000. (B) Outlays, $46,886,000,000. Fiscal year 2031: (A) New budget authority, $49,344,000,000. (B) Outlays, $47,939,000,000. Fiscal year 2032: (A) New budget authority, $50,481,000,000. (B) Outlays, $49,026,000,000. (4) Energy (270): Fiscal year 2023: (A) New budget authority, $19,641,000,000. (B) Outlays, $4,419,000,000. Fiscal year 2024: (A) New budget authority, $18,722,000,000. (B) Outlays, $15,390,000,000. Fiscal year 2025: (A) New budget authority, $19,138,000,000. (B) Outlays, $19,794,000,000. Fiscal year 2026: (A) New budget authority, $17,846,000,000. (B) Outlays, $21,646,000,000. Fiscal year 2027: (A) New budget authority, $18,326,000,000. (B) Outlays, $20,121,000,000. Fiscal year 2028: (A) New budget authority, $19,681,000,000. (B) Outlays, $20,127,000,000. Fiscal year 2029: (A) New budget authority, $20,531,000,000. (B) Outlays, $20,578,000,000. Fiscal year 2030: (A) New budget authority, $21,095,000,000. (B) Outlays, $20,097,000,000. Fiscal year 2031: (A) New budget authority, $21,467,000,000. (B) Outlays, $19,962,000,000. Fiscal year 2032: (A) New budget authority, $24,130,000,000. (B) Outlays, $22,360,000,000. (5) Natural Resources and Environment (300): Fiscal year 2023: (A) New budget authority, $100,434,000,000. (B) Outlays, $59,404,000,000. Fiscal year 2024: (A) New budget authority, $104,159,000,000. (B) Outlays, $72,382,000,000. Fiscal year 2025: (A) New budget authority, $106,946,000,000. (B) Outlays, $82,189,000,000. Fiscal year 2026: (A) New budget authority, $107,396,000,000. (B) Outlays, $89,371,000,000. Fiscal year 2027: (A) New budget authority, $109,703,000,000. (B) Outlays, $94,290,000,000. Fiscal year 2028: (A) New budget authority, $112,061,000,000. (B) Outlays, $97,839,000,000. Fiscal year 2029: (A) New budget authority, $114,505,000,000. (B) Outlays, $100,988,000,000. Fiscal year 2030: (A) New budget authority, $116,837,000,000. (B) Outlays, $103,741,000,000. Fiscal year 2031: (A) New budget authority, $119,496,000,000. (B) Outlays, $106,680,000,000. Fiscal year 2032: (A) New budget authority, $122,860,000,000. (B) Outlays, $110,578,000,000. (6) Agriculture (350): Fiscal year 2023: (A) New budget authority, $31,160,000,000. (B) Outlays, $40,388,000,000. Fiscal year 2024: (A) New budget authority, $30,421,000,000. (B) Outlays, $34,663,000,000. Fiscal year 2025: (A) New budget authority, $32,421,000,000. (B) Outlays, $32,229,000,000. Fiscal year 2026: (A) New budget authority, $35,370,000,000. (B) Outlays, $34,988,000,000. Fiscal year 2027: (A) New budget authority, $37,691,000,000. (B) Outlays, $36,796,000,000. Fiscal year 2028: (A) New budget authority, $38,991,000,000. (B) Outlays, $37,909,000,000. Fiscal year 2029: (A) New budget authority, $38,687,000,000. (B) Outlays, $37,611,000,000. Fiscal year 2030: (A) New budget authority, $37,545,000,000. (B) Outlays, $36,606,000,000. Fiscal year 2031: (A) New budget authority, $37,519,000,000. (B) Outlays, $36,584,000,000. Fiscal year 2032: (A) New budget authority, $38,503,000,000. (B) Outlays, $37,206,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2023: (A) New budget authority, $86,859,000,000. (B) Outlays, $21,218,000,000. Fiscal year 2024: (A) New budget authority, $91,925,000,000. (B) Outlays, $33,722,000,000. Fiscal year 2025: (A) New budget authority, $95,317,000,000. (B) Outlays, $44,455,000,000. Fiscal year 2026: (A) New budget authority, $97,232,000,000. (B) Outlays, $54,654,000,000. Fiscal year 2027: (A) New budget authority, $97,733,000,000. (B) Outlays, $62,155,000,000. Fiscal year 2028: (A) New budget authority, $98,210,000,000. (B) Outlays, $67,496,000,000. Fiscal year 2029: (A) New budget authority, $99,119,000,000. (B) Outlays, $68,033,000,000. Fiscal year 2030: (A) New budget authority, $100,168,000,000. (B) Outlays, $67,887,000,000. Fiscal year 2031: (A) New budget authority, $101,725,000,000. (B) Outlays, $67,844,000,000. Fiscal year 2032: (A) New budget authority, $103,945,000,000. (B) Outlays, $68,730,000,000. (8) Transportation (400): Fiscal year 2023: (A) New budget authority, $165,184,000,000. (B) Outlays, $134,017,000,000. Fiscal year 2024: (A) New budget authority, $168,551,000,000. (B) Outlays, $143,749,000,000. Fiscal year 2025: (A) New budget authority, $171,110,000,000. (B) Outlays, $154,584,000,000. Fiscal year 2026: (A) New budget authority, $174,174,000,000. (B) Outlays, $162,323,000,000. Fiscal year 2027: (A) New budget authority, $176,575,000,000. (B) Outlays, $169,448,000,000. Fiscal year 2028: (A) New budget authority, $178,934,000,000. (B) Outlays, $174,010,000,000. Fiscal year 2029: (A) New budget authority, $181,031,000,000. (B) Outlays, $177,958,000,000. Fiscal year 2030: (A) New budget authority, $178,065,000,000. (B) Outlays, $178,254,000,000. Fiscal year 2031: (A) New budget authority, $180,397,000,000. (B) Outlays, $183,113,000,000. Fiscal year 2032: (A) New budget authority, $188,636,000,000. (B) Outlays, $192,617,000,000. (9) Community and Regional Development (450): Fiscal year 2023: (A) New budget authority, $47,737,000,000. (B) Outlays, $59,990,000,000. Fiscal year 2024: (A) New budget authority, $48,716,000,000. (B) Outlays, $56,300,000,000. Fiscal year 2025: (A) New budget authority, $49,506,000,000. (B) Outlays, $49,382,000,000. Fiscal year 2026: (A) New budget authority, $50,531,000,000. (B) Outlays, $47,939,000,000. Fiscal year 2027: (A) New budget authority, $51,632,000,000. (B) Outlays, $48,504,000,000. Fiscal year 2028: (A) New budget authority, $52,782,000,000. (B) Outlays, $48,492,000,000. Fiscal year 2029: (A) New budget authority, $53,930,000,000. (B) Outlays, $48,206,000,000. Fiscal year 2030: (A) New budget authority, $55,085,000,000. (B) Outlays, $48,453,000,000. Fiscal year 2031: (A) New budget authority, $56,197,000,000. (B) Outlays, $49,371,000,000. Fiscal year 2032: (A) New budget authority, $57,548,000,000. (B) Outlays, $48,152,000,000. (10) Education, Training, Employment, and Social Services (500): Fiscal year 2023: (A) New budget authority, $123,930,000,000. (B) Outlays, $197,835,000,000. Fiscal year 2024: (A) New budget authority, $126,381,000,000. (B) Outlays, $175,709,000,000. Fiscal year 2025: (A) New budget authority, $129,008,000,000. (B) Outlays, $150,548,000,000. Fiscal year 2026: (A) New budget authority, $132,958,000,000. (B) Outlays, $135,731,000,000. Fiscal year 2027: (A) New budget authority, $136,906,000,000. (B) Outlays, $133,750,000,000. Fiscal year 2028: (A) New budget authority, $140,186,000,000. (B) Outlays, $137,104,000,000. Fiscal year 2029: (A) New budget authority, $142,863,000,000. (B) Outlays, $139,927,000,000. Fiscal year 2030: (A) New budget authority, $145,304,000,000. (B) Outlays, $142,476,000,000. Fiscal year 2031: (A) New budget authority, $148,151,000,000. (B) Outlays, $145,164,000,000. Fiscal year 2032: (A) New budget authority, $151,670,000,000. (B) Outlays, $148,419,000,000. (11) Health (550): Fiscal year 2023: (A) New budget authority, $837,137,000,000. (B) Outlays, $886,337,000,000. Fiscal year 2024: (A) New budget authority, $769,870,000,000. (B) Outlays, $775,538,000,000. Fiscal year 2025: (A) New budget authority, $780,873,000,000. (B) Outlays, $773,206,000,000. Fiscal year 2026: (A) New budget authority, $820,401,000,000. (B) Outlays, $807,943,000,000. Fiscal year 2027: (A) New budget authority, $857,181,000,000. (B) Outlays, $841,395,000,000. Fiscal year 2028: (A) New budget authority, $887,616,000,000. (B) Outlays, $880,241,000,000. Fiscal year 2029: (A) New budget authority, $928,363,000,000. (B) Outlays, $922,004,000,000. Fiscal year 2030: (A) New budget authority, $980,114,000,000. (B) Outlays, $965,919,000,000. Fiscal year 2031: (A) New budget authority, $1,021,443,000,000. (B) Outlays, $1,013,263,000,000. Fiscal year 2032: (A) New budget authority, $1,075,476,000,000. (B) Outlays, $1,064,624,000,000. (12) Medicare (570): Fiscal year 2023: (A) New budget authority, $856,689,000,000. (B) Outlays, $856,504,000,000. Fiscal year 2024: (A) New budget authority, $861,576,000,000. (B) Outlays, $861,544,000,000. Fiscal year 2025: (A) New budget authority, $976,499,000,000. (B) Outlays, $976,494,000,000. Fiscal year 2026: (A) New budget authority, $1,056,279,000,000. (B) Outlays, $1,056,291,000,000. Fiscal year 2027: (A) New budget authority, $1,136,714,000,000. (B) Outlays, $1,136,747,000,000. Fiscal year 2028: (A) New budget authority, $1,298,959,000,000. (B) Outlays, $1,299,016,000,000. Fiscal year 2029: (A) New budget authority, $1,218,610,000,000. (B) Outlays, $1,218,691,000,000. Fiscal year 2030: (A) New budget authority, $1,390,273,000,000. (B) Outlays, $1,390,392,000,000. Fiscal year 2031: (A) New budget authority, $1,476,694,000,000. (B) Outlays, $1,476,507,000,000. Fiscal year 2032: (A) New budget authority, $1,596,938,000,000. (B) Outlays, $1,596,754,000,000. (13) Income Security (600): Fiscal year 2023: (A) New budget authority, $680,997,000,000. (B) Outlays, $690,966,000,000. Fiscal year 2024: (A) New budget authority, $670,712,000,000. (B) Outlays, $677,473,000,000. Fiscal year 2025: (A) New budget authority, $668,932,000,000. (B) Outlays, $669,489,000,000. Fiscal year 2026: (A) New budget authority, $684,120,000,000. (B) Outlays, $686,451,000,000. Fiscal year 2027: (A) New budget authority, $683,912,000,000. (B) Outlays, $677,269,000,000. Fiscal year 2028: (A) New budget authority, $705,902,000,000. (B) Outlays, $704,164,000,000. Fiscal year 2029: (A) New budget authority, $710,254,000,000. (B) Outlays, $695,276,000,000. Fiscal year 2030: (A) New budget authority, $730,398,000,000. (B) Outlays, $720,791,000,000. Fiscal year 2031: (A) New budget authority, $746,179,000,000. (B) Outlays, $735,470,000,000. Fiscal year 2032: (A) New budget authority, $762,077,000,000. (B) Outlays, $750,835,000,000. (14) Social Security (650): Fiscal year 2023: (A) New budget authority, $52,290,000,000. (B) Outlays, $52,290,000,000. Fiscal year 2024: (A) New budget authority, $56,030,000,000. (B) Outlays, $56,030,000,000. Fiscal year 2025: (A) New budget authority, $59,756,000,000. (B) Outlays, $59,756,000,000. Fiscal year 2026: (A) New budget authority, $70,790,000,000. (B) Outlays, $70,790,000,000. Fiscal year 2027: (A) New budget authority, $77,655,000,000. (B) Outlays, $77,655,000,000. Fiscal year 2028: (A) New budget authority, $82,749,000,000. (B) Outlays, $82,749,000,000. Fiscal year 2029: (A) New budget authority, $88,357,000,000. (B) Outlays, $88,357,000,000. Fiscal year 2030: (A) New budget authority, $94,188,000,000. (B) Outlays, $94,188,000,000. Fiscal year 2031: (A) New budget authority, $99,551,000,000. (B) Outlays, $99,551,000,000. Fiscal year 2032: (A) New budget authority, $104,904,000,000. (B) Outlays, $104,904,000,000. (15) Veterans Benefits and Services (700): Fiscal year 2023: (A) New budget authority, $286,186,000,000. (B) Outlays, $285,413,000,000. Fiscal year 2024: (A) New budget authority, $299,224,000,000. (B) Outlays, $284,112,000,000. Fiscal year 2025: (A) New budget authority, $310,121,000,000. (B) Outlays, $308,602,000,000. Fiscal year 2026: (A) New budget authority, $319,942,000,000. (B) Outlays, $318,545,000,000. Fiscal year 2027: (A) New budget authority, $329,844,000,000. (B) Outlays, $328,676,000,000. Fiscal year 2028: (A) New budget authority, $340,121,000,000. (B) Outlays, $353,447,000,000. Fiscal year 2029: (A) New budget authority, $351,318,000,000. (B) Outlays, $333,422,000,000. Fiscal year 2030: (A) New budget authority, $362,777,000,000. (B) Outlays, $360,287,000,000. Fiscal year 2031: (A) New budget authority, $375,511,000,000. (B) Outlays, $372,935,000,000. Fiscal year 2032: (A) New budget authority, $387,921,000,000. (B) Outlays, $385,276,000,000. (16) Administration of Justice (750): Fiscal year 2023: (A) New budget authority, $79,720,000,000. (B) Outlays, $77,635,000,000. Fiscal year 2024: (A) New budget authority, $81,720,000,000. (B) Outlays, $80,894,000,000. Fiscal year 2025: (A) New budget authority, $83,817,000,000. (B) Outlays, $82,141,000,000. Fiscal year 2026: (A) New budget authority, $86,461,000,000. (B) Outlays, $84,486,000,000. Fiscal year 2027: (A) New budget authority, $89,000,000,000. (B) Outlays, $87,318,000,000. Fiscal year 2028: (A) New budget authority, $91,583,000,000. (B) Outlays, $89,508,000,000. Fiscal year 2029: (A) New budget authority, $94,069,000,000. (B) Outlays, $91,733,000,000. Fiscal year 2030: (A) New budget authority, $96,738,000,000. (B) Outlays, $94,362,000,000. Fiscal year 2031: (A) New budget authority, $99,442,000,000. (B) Outlays, $97,046,000,000. Fiscal year 2032: (A) New budget authority, $108,777,000,000. (B) Outlays, $106,256,000,000. (17) General Government (800): Fiscal year 2023: (A) New budget authority, $32,235,000,000. (B) Outlays, $31,914,000,000. Fiscal year 2024: (A) New budget authority, $32,704,000,000. (B) Outlays, $32,522,000,000. Fiscal year 2025: (A) New budget authority, $33,374,000,000. (B) Outlays, $31,648,000,000. Fiscal year 2026: (A) New budget authority, $34,227,000,000. (B) Outlays, $32,871,000,000. Fiscal year 2027: (A) New budget authority, $35,148,000,000. (B) Outlays, $34,246,000,000. Fiscal year 2028: (A) New budget authority, $36,160,000,000. (B) Outlays, $35,415,000,000. Fiscal year 2029: (A) New budget authority, $37,200,000,000. (B) Outlays, $36,441,000,000. Fiscal year 2030: (A) New budget authority, $38,267,000,000. (B) Outlays, $37,496,000,000. Fiscal year 2031: (A) New budget authority, $39,320,000,000. (B) Outlays, $38,528,000,000. Fiscal year 2032: (A) New budget authority, $40,756,000,000. (B) Outlays, $39,971,000,000. (18) Net Interest (900): Fiscal year 2023: (A) New budget authority, $505,435,000,000. (B) Outlays, $505,435,000,000. Fiscal year 2024: (A) New budget authority, $585,305,000,000. (B) Outlays, $585,305,000,000. Fiscal year 2025: (A) New budget authority, $661,622,000,000. (B) Outlays, $661,622,000,000. Fiscal year 2026: (A) New budget authority, $735,568,000,000. (B) Outlays, $735,568,000,000. Fiscal year 2027: (A) New budget authority, $807,471,000,000. (B) Outlays, $807,471,000,000. Fiscal year 2028: (A) New budget authority, $890,854,000,000. (B) Outlays, $890,854,000,000. Fiscal year 2029: (A) New budget authority, $969,029,000,000. (B) Outlays, $969,029,000,000. Fiscal year 2030: (A) New budget authority, $1,045,715,000,000. (B) Outlays, $1,045,715,000,000. Fiscal year 2031: (A) New budget authority, $1,129,850,000,000. (B) Outlays, $1,129,850,000,000. Fiscal year 2032: (A) New budget authority, $1,216,035,000,000 . (B) Outlays, $1,216,035,000,000. (19) Allowances (920): Fiscal year 2023: (A) New budget authority, −$117,771,000,000. (B) Outlays, −$178,190,000,000. Fiscal year 2024: (A) New budget authority, −$451,388,000,000. (B) Outlays, −$452,407,000,000. Fiscal year 2025: (A) New budget authority, −$450,633,000,000. (B) Outlays, −$450,080,000,000. Fiscal year 2026: (A) New budget authority, −$375,804,000,000. (B) Outlays, −$374,253,000,000. Fiscal year 2027: (A) New budget authority, −$379,371,000,000. (B) Outlays, −$377,691,000,000. Fiscal year 2028: (A) New budget authority, −$388,686,000,000. (B) Outlays, −$388,821,000,000. Fiscal year 2029: (A) New budget authority, −$386,690,000,000. (B) Outlays, −$382,893,000,000. Fiscal year 2030: (A) New budget authority, −$366,912,000,000. (B) Outlays, −$364,315,000,000. Fiscal year 2031: (A) New budget authority, −$835,342,000,000. (B) Outlays, −$829,800,000,000. Fiscal year 2032: (A) New budget authority, −$76,390,024,213 . (B) Outlays, $0. (20) New Efficiencies, Consolidations, and Other Savings (930): Fiscal year 2023: (A) New budget authority, $0. (B) Outlays, $0. Fiscal year 2024: (A) New budget authority, −$511,214,000,000. (B) Outlays, −$298,265,000,000. Fiscal year 2025: (A) New budget authority, −$1,074,437,000,000. (B) Outlays, −$799,877,000,000. Fiscal year 2026: (A) New budget authority, −$1,577,845,000,000. (B) Outlays, −$1,313,931,000,000. Fiscal year 2027: (A) New budget authority, −$2,048,698,000,000. (B) Outlays, −$1,776,239,000,000. Fiscal year 2028: (A) New budget authority, −$2,082,563,000,000. (B) Outlays, −$2,056,389,000,000. Fiscal year 2029: (A) New budget authority, −$2,078,732,000,000. (B) Outlays, −$1,989,162,000,000. Fiscal year 2030: (A) New budget authority, −$2,323,431,000,000. (B) Outlays, −$2,258,046,000,000. Fiscal year 2031: (A) New budget authority, −$2,542,293,000,000. (B) Outlays, −$2,426,280,000,000. Fiscal year 2032: (A) New budget authority, −$2,659,692,000,000. (B) Outlays, −$2,602,440,000,000. (21) Undistributed Offsetting Receipts (950): Fiscal year 2023: (A) New budget authority, −$127,442,000,000. (B) Outlays, −$129,087,000,000. Fiscal year 2024: (A) New budget authority, −$117,411,000,000. (B) Outlays, −$117,316,000,000. Fiscal year 2025: (A) New budget authority, −$121,572,000,000. (B) Outlays, −$122,695,000,000. Fiscal year 2026: (A) New budget authority, −$125,579,000,000. (B) Outlays, −$125,354,000,000. Fiscal year 2027: (A) New budget authority, −$136,065,000,000. (B) Outlays, −$137,290,000,000. Fiscal year 2028: (A) New budget authority, −$141,442,000,000. (B) Outlays, −$141,167,000,000. Fiscal year 2029: (A) New budget authority, −$138,935,000,000. (B) Outlays, −$138,660,000,000. Fiscal year 2030: (A) New budget authority, −$144,140,000,000. (B) Outlays, −$143,865,000,000. Fiscal year 2031: (A) New budget authority, −$148,093,000,000. (B) Outlays, −$147,818,000,000. Fiscal year 2032: (A) New budget authority, −$153,956,000,000. (B) Outlays, −$153,831,000,000. B Levels and amounts in the Senate 1201. Social Security in the Senate (a) Social Security Revenues For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of revenues of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2023: $1,136,000,000,000. Fiscal year 2024: $1,186,000,000,000. Fiscal year 2025: $1,228,000,000,000. Fiscal year 2026: $1,272,000,000,000. Fiscal year 2027: $1,320,000,000,000. Fiscal year 2028: $1,369,000,000,000. Fiscal year 2029: $1,420,000,000,000. Fiscal year 2030: $1,472,000,000,000. Fiscal year 2031: $1,527,000,000,000. Fiscal year 2032: $1,584,000,000,000. (b) Social Security Outlays For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2023: $1,320,290,000,000. Fiscal year 2024: $1,408,997,000,000. Fiscal year 2025: $1,491,333,000,000. Fiscal year 2026: $1,576,748,000,000. Fiscal year 2027: $1,665,182,000,000. Fiscal year 2028: $1,760,444,000,000. Fiscal year 2029: $1,859,623,000,000. Fiscal year 2030: $1,962,593,000,000 Fiscal year 2031: $2,068,247,000,000. Fiscal year 2032: $2,174,947,000,000. (c) Social Security Administrative Expenses In the Senate, the amounts of new budget authority and budget outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for administrative expenses are as follows: Fiscal year 2023: (A) New budget authority, $6,462,000,000. (B) Outlays, $6,388,000,000. Fiscal year 2024: (A) New budget authority, $6,685,000,000. (B) Outlays, $6,620,000,000. Fiscal year 2025: (A) New budget authority, $6,900,000,000. (B) Outlays, $6,840,000,000. Fiscal year 2026: (A) New budget authority, $7,110,000,000. (B) Outlays, $7,052,000,000. Fiscal year 2027: (A) New budget authority, $7,326,000,000. (B) Outlays, $7,268,000,000. Fiscal year 2028: (A) New budget authority, $7,553,000,000. (B) Outlays, $7,493,000,000. Fiscal year 2029: (A) New budget authority, $7,779,000,000. (B) Outlays, $7,718,000,000. Fiscal year 2030: (A) New budget authority, $8,013,000,000. (B) Outlays, $7,951,000,000. Fiscal year 2031: (A) New budget authority, $8,255,000,000. (B) Outlays, $8,191,000,000. Fiscal year 2032: (A) New budget authority, $8,500,000,000. (B) Outlays, $8,435,000,000. 1202. Postal Service discretionary administrative expenses in the Senate In the Senate, the amounts of new budget authority and budget outlays of the Postal Service for discretionary administrative expenses are as follows: Fiscal year 2023: (A) New budget authority, $296,000,000. (B) Outlays, $295,000,000. Fiscal year 2024: (A) New budget authority, $308,000,000. (B) Outlays, $307,000,000. Fiscal year 2025: (A) New budget authority, $320,000,000. (B) Outlays, $319,000,000. Fiscal year 2026: (A) New budget authority, $331,000,000. (B) Outlays, $330,000,000. Fiscal year 2027: (A) New budget authority, $343,000,000. (B) Outlays, $342,000,000. Fiscal year 2028: (A) New budget authority, $356,000,000. (B) Outlays, $355,000,000. Fiscal year 2029: (A) New budget authority, $368,000,000. (B) Outlays, $367,000,000. Fiscal year 2030: (A) New budget authority, $380,000,000. (B) Outlays, $379,000,000. Fiscal year 2031: (A) New budget authority, $394,000,000. (B) Outlays, $393,000,000. Fiscal year 2032: (A) New budget authority, $407,000,000. (B) Outlays, $406,000,000. II Reserve funds 2001. Deficit reduction fund for efficiencies, consolidations, and other savings The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to efficiencies, consolidations, and other savings by the amounts provided in such legislation for those purposes, provided that such legislation would reduce the deficit over the period of the total of fiscal years 2023 through 2027 and the period of the total of fiscal years 2023 through 2032. 2002. Reserve fund relating to health savings accounts The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to health savings accounts by the amounts provided in such legislation for those purposes. III Budget process 3001. Voting threshold for points of order (a) Definition In this section, the term covered point of order means a point of order— (1) under the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq. ), the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ), or a concurrent resolution on the budget; and (2) which, but for subsection (b), may be waived only by the affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn. (b) Voting threshold In the Senate— (1) a covered point of order may be waived only by the affirmative vote of two-thirds of the Members, duly chosen and sworn; and (2) an affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a covered point of order. 3002. Emergency legislation (a) Authority To designate In the Senate, with respect to a provision of direct spending or receipts legislation or appropriations for discretionary accounts that Congress designates as an emergency requirement, by an affirmative vote of two-thirds of the Members, duly chosen and sworn, in such measure, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purpose of this section. (b) Exemption of emergency provisions Any new budget authority, outlays, and receipts resulting from any provision designated as an emergency requirement, pursuant to this section, in any bill, joint resolution, amendment, amendment between the Houses, or conference report shall not count for purposes of sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), section 4106 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, section 3101 of S. Con. Res. 11 (114th Congress), the concurrent resolution on the budget for fiscal year 2016, and sections 401 and 404 of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. Designated emergency provisions shall not count for the purpose of revising allocations, aggregates, or other levels pursuant to procedures established under section 301(b)(7) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(b)(7) ) for deficit-neutral reserve funds and revising discretionary spending limits set pursuant to section 301 of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (c) Designations If a provision of legislation is designated as an emergency requirement under this section, the committee report and any statement of managers accompanying that legislation shall include an explanation of the manner in which the provision meets the criteria in subsection (f). (d) Definitions In this section, the terms direct spending , receipts , and appropriations for discretionary accounts mean any provision of a bill, joint resolution, amendment, motion, amendment between the Houses, or conference report that affects direct spending, receipts, or appropriations as those terms have been defined and interpreted for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ). (e) Point of order (1) In general When the Senate is considering a bill, resolution, amendment, motion, amendment between the Houses, or conference report, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor. (2) Supermajority waiver and appeals (A) Waiver Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. (B) Appeals Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled by, the appellant and the manager of the bill or joint resolution, as the case may be. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this subsection. (3) Definition of an emergency designation For purposes of paragraph (1), a provision shall be considered an emergency designation if it designates any item as an emergency requirement pursuant to this subsection. (4) Form of the point of order A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (5) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (f) Criteria (1) In general For purposes of this section, any provision is an emergency requirement if the situation addressed by such provision is— (A) necessary, essential, or vital (not merely useful or beneficial); (B) sudden, quickly coming into being, and not building up over time; (C) an urgent, pressing, and compelling need requiring immediate action; (D) subject to paragraph (2), unforeseen, unpredictable, and unanticipated; and (E) not permanent, temporary in nature. (2) Unforeseen An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen. (g) Inapplicability In the Senate, section 4112 of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, shall no longer apply. 3003. Enforcement of allocations, aggregates, and other levels (a) Point of Order During each of fiscal years 2023 through 2032, it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would cause the amount of new budget authority, outlays, or deficits to be more than, or would cause the amount of revenues to be less than, the amount set forth under any allocation, aggregate, or other level established under this resolution. (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). 3004. Point of order against legislation providing funding within more than 3 suballocations under section 302( b ) (a) Point of Order It shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that appropriates amounts that are within more than 3 of the suballocations under section 302(b) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(b) ). (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of two-thirds of the Members, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). 3005. Duplication determinations by the Congressional Budget Office (a) Definition In this section— (1) the term covered bill or joint resolution means a bill or joint resolution of a public character reported by any committee of Congress (including the Committee on Appropriations and the Committee on the Budget of either House); (2) the term Director means the Director of the Congressional Budget Office; (3) the term existing duplicative or overlapping feature means an element of the Federal Government previously identified as an area of duplication, overlap, or fragmentation in a GAO duplication and overlap report; (4) the term GAO duplication and overlap report means each annual report prepared by the Comptroller General under section 21 of Public Law 111–139 ( 31 U.S.C. 712 note); and (5) the term new duplicative or overlapping feature means a new Federal program, office, or initiative created under a covered bill or joint resolution that would duplicate or overlap with an existing duplicative or overlapping feature. (b) Duplication determinations For each covered bill or joint resolution— (1) the Comptroller General of the United States shall, to the extent practicable— (A) determine the extent to which the covered bill or joint resolution creates a risk of a new duplicative or overlapping feature and, if the risk so warrants, identify— (i) the name of the new Federal program, office, or initiative; (ii) the section of the covered bill or joint resolution at which the new duplicative or overlapping feature is established; and (iii) the GAO duplication and overlap report in which the existing duplicative or overlapping feature is identified; and (B) submit the information described in subparagraph (A) to the Director and the committee that reported the covered bill or joint resolution; and (C) publish the information prepared under subparagraph (A) on the website of the Government Accountability Office; and (2) subject to subsection (c), the Director may include the information submitted by the Comptroller General under paragraph (1)(B) as a supplement to the estimate for the covered bill or joint resolution to which the information pertains submitted by the Director under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ). (c) Estimate by Director If the Comptroller General of the United States has not submitted to the Director the information for a covered bill or joint resolution under subsection (b)(1)(B) on the date on which the Director submits the estimate for the covered bill or joint resolution to which the information pertains under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ), the Director may, on the date on which the Comptroller General submits the information to the Director, prepare and submit to each applicable committee the information as a supplement to the estimate for the covered bill or joint resolution. 3006. Breakdown of cost estimates by budget function Any cost estimate prepared by the Congressional Budget Office shall specify the percentage of the estimated cost that is within each budget function. 3007. Sense of the Senate on treatment of reduction of appropriations levels to achieve savings (a) Findings Congress finds the following: (1) H. Con. Res. 448 (96th Congress), the concurrent resolution on the budget for fiscal year 1981, gave authorizing committees reconciliation instructions which amounted to approximately two-thirds of the savings required under reconciliation. (2) The language in H. Con. Res. 448 resulted in a debate about how reconciling discretionary spending programs could be in order given that authorizations of appropriations for programs did not actually change spending and the programs authorized would be funded through later annual appropriation. The staff of the Committee on the Budget of the Senate and the counsel to the Majority Leader advised that upon consultation with the Parliamentarian, the original instructions on discretionary spending would be out of order because of the phrase, to modify programs . This was seen as too broad and programs could be modified without resulting in changes to their future appropriations. (3) To rectify this violation, the Committee on the Budget of the Senate reported S. Con. Res. 9 (97th Congress), revising the congressional budget for the United States Government for fiscal years 1981, 1982, and 1983, to include reconciliation, which revised the language in the reconciliation instructions to change entitlement law and to report changes in laws within the jurisdiction of that committee sufficient to reduce appropriations levels so as to achieve savings . (4) This was understood to mean changes in authorization language of discretionary programs would be permissible under reconciliation procedures provided such changes in law would have the result in affecting a change in later outlays derived from future appropriations. Further it was understood that a change in authorization language that caused a change in later outlays was considered to be a change in outlays for the purpose of reconciliation. (5) On April 2, 1981, the Senate voted 88 to 10 to approve S. Con. Res. 9 with the modified reconciliation language. (b) Sense of the Senate It is the sense of the Senate that committees reporting changes in laws within the jurisdiction of that committee sufficient to reduce appropriations levels so as to achieve savings shall be considered to be changes in outlays for the purpose of enforcing the prohibition on extraneous matters in reconciliation bills. 3008. Prohibition on preemptive waivers In the Senate, it shall not be in order to move to waive or suspend a point of order under the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq. ) or any concurrent resolution on the budget with respect to a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report unless the point of order has been specifically raised by a Senator. 3009. Adjustments for legislation reducing appropriations The Chairman of the Committee on the Budget of the Senate may revise the allocations in effect under section 302(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a) ) and the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution for any bill or joint resolution considered pursuant to section 2001 containing the recommendations of one or more committees, or for one or more amendments to, a conference report on, or an amendment between the Houses in relation to such a bill or joint resolution, by the amounts necessary to accommodate the reduction in the amount of discretionary appropriations for a fiscal year caused by the measure. 3010. Adjustments to reflect legislation not included in the baseline The Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this resolution to reflect legislation enacted before the date on which this resolution is agreed to by Congress that is not incorporated in the baseline underlying the Congressional Budget Office’s July 2021 update to the Budget and Economic Outlook: 2021 to 2031. 3011. Authority Congress adopts this title under the authority under section 301(b)(4) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(b)(4) ). 3012. Exercise of rulemaking powers Congress adopts the provisions of this title— (1) as an exercise of the rulemaking power of the Senate, and as such they shall be considered as part of the rules of the Senate and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with full recognition of the constitutional right of the Senate to change those rules at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate.
June 6, 2022 Committee discharged pursuant to Section 300 of the Congressional Budget Act and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117sconres41pcs/xml/BILLS-117sconres41pcs.xml |
117-sconres-42 | III 117th CONGRESS 2d Session S. CON. RES. 42 IN THE SENATE OF THE UNITED STATES July 12, 2022 Mr. Manchin (for himself, Mrs. Capito , Mr. Tester , Mr. Romney , Ms. Duckworth , Mrs. Hyde-Smith , Mr. Blumenthal , Mr. Cruz , Ms. Klobuchar , Mrs. Blackburn , Mr. Hoeven , Mr. Blunt , Mr. Cotton , Mr. Cramer , Mr. Schumer , and Mr. McConnell ) submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Authorizing the use of the rotunda of the Capitol on Thursday, July 14, 2022, for the lying in honor of the remains of Hershel Woodrow Woody Williams, the last surviving Medal of Honor recipient for acts performed during World War II.
1. Honoring the last surviving medal of honor recipient of World War II In recognition of Hershel Woodrow Woody Williams, the last surviving recipient of the Medal of Honor for acts performed during World War II, his remains shall be permitted to lie in honor in the rotunda of the Capitol on Thursday, July 14, 2022, in order to honor the Greatest Generation and the more than 16,000,000 men and women who served in the Armed Forces of the United States from 1941 to 1945. The Architect of the Capitol, under the direction of the President pro tempore of the Senate and the Speaker of the House of Representatives, shall take all necessary steps for the accomplishment of that purpose. | https://www.govinfo.gov/content/pkg/BILLS-117sconres42ats/xml/BILLS-117sconres42ats.xml |
117-sconres-43 | III Calendar No. 448 117th CONGRESS 2d Session S. CON. RES. 43 IN THE SENATE OF THE UNITED STATES July 19, 2022 Mr. Braun submitted the following concurrent resolution; which was referred to the Committee on the Budget ; committee discharged pursuant to Section 300 of the Congressional Budget Act and placed on the calendar CONCURRENT RESOLUTION Setting forth the congressional budget for the United States Government for fiscal year 2023 and setting forth the appropriate budgetary levels for fiscal years 2024 through 2032.
1. Concurrent resolution on the budget for fiscal year 2023 (a) Declaration Congress declares that this resolution is the concurrent resolution on the budget for fiscal year 2023 and that this resolution sets forth the appropriate budgetary levels for fiscal years 2024 through 2032. (b) Table of contents The table of contents for this concurrent resolution is as follows: Sec. 1. Concurrent resolution on the budget for fiscal year 2023. TITLE I—Recommended levels and amounts Sec. 1001. Recommended levels and amounts. Sec. 1002. Major functional categories. Sec. 1003. Social Security in the Senate. Sec. 1004. Postal Service discretionary administrative expenses in the Senate. TITLE II—Repeal of reconciliation instructions Sec. 2001. Senate. TITLE III—Deficit reduction reserve funds Sec. 3001. Reserve fund for deficit-neutral legislation. Sec. 3002. Deficit-reduction reserve fund for efficiencies, consolidations, curbing budgetary gimmicks, and other savings. Sec. 3003. Deficit-reduction reserve fund to provide for legislation imposing spending caps as a percentage of GDP. Sec. 3004. Deficit-neutral reserve fund to promote United States energy production. Sec. 3005. Deficit-neutral reserve fund relating to banning fracking in the United States. Sec. 3006. Deficit-reduction reserve fund for reducing fraud in taxpayer-funded government assistance programs. Sec. 3007. Deficit-reduction reserve fund to continue proven middle class tax relief. Sec. 3008. Deficit-reduction reserve fund to improve health care. Sec. 3009. Deficit-reduction reserve fund relating to protecting pre-existing conditions. Sec. 3010. Deficit-reduction reserve fund relating to reducing prescription drug costs. Sec. 3011. Deficit-reduction reserve fund to strengthening United States families and other social contract programs. Sec. 3012. Deficit-reduction reserve fund to promote economic growth and prosperity for United States workers. Sec. 3013. Deficit-neutral reserve fund to provide continued tax relief for family-owned businesses, farms, and ranches. Sec. 3014. Deficit-reduction reserve fund for border security and immigration. Sec. 3015. Deficit-neutral reserve fund relating to protecting United States taxpayers from the costs associated with cancelling contracts relating to border security. Sec. 3016. Deficit-neutral reserve fund relating to the improvement of relations between the United States and Canada. Sec. 3017. Deficit-neutral reserve fund relating to improving the solvency of Federal trust funds. Sec. 3018. Deficit-reduction reserve fund for preserving and strengthening social contract programs. Sec. 3019. Deficit-neutral reserve fund to promote economic opportunity and self-sufficiency. TITLE IV—Budget process Subtitle A—Enforcement Sec. 4101. Point of order against advance appropriations in the Senate. Sec. 4102. Point of order against legislation that would cause a net increase in outlays unless the Director of the Congressional Budget Office certifies that inflation is below 3 percent. Sec. 4103. Cost estimates for major legislation to incorporate macroeconomic effects. Sec. 4104. Surgical strike point of order in the Senate against directing budgetary treatment. Sec. 4105. Point of order against budget resolutions that do not include a balanced budget. Sec. 4106. Limits on waiver of budget points of order. Sec. 4107. Reestablish supermajority enforcement of unfunded mandates in the Senate. Sec. 4108. Reestablish emergency legislation. Subtitle B—Other provisions Sec. 4201. Budgetary treatment of certain discretionary administrative expenses. Sec. 4202. Application and effect of changes in allocations and aggregates. Sec. 4203. Adjustments to reflect changes in concepts and definitions. Sec. 4204. Exercise of rulemaking powers. I Recommended levels and amounts 1001. Recommended levels and amounts The following budgetary levels are appropriate for each of fiscal years 2023 through 2032: (1) Federal revenues For purposes of the enforcement of this resolution: (A) The recommended levels of Federal revenues are as follows: Fiscal year 2023: $3,753,670,000,000. Fiscal year 2024: $3,737,443,000,000. Fiscal year 2025: $3,753,492,000,000. Fiscal year 2026: $3,857,843,000,000. Fiscal year 2027: $4,067,183,000,000. Fiscal year 2028: $4,189,123,000,000. Fiscal year 2029: $4,356,051,000,000. Fiscal year 2030: $4,530,110,000,000. Fiscal year 2031: $4,716,518,000,000. Fiscal year 2032: $4,918,283,000,000. (B) The amounts by which the aggregate levels of Federal revenues should be changed are as follows: Fiscal year 2023: $0. Fiscal year 2024: $0. Fiscal year 2025: $0. Fiscal year 2026: −$149,964,000,000. Fiscal year 2027: −$161,741,000,000. Fiscal year 2028: −$157,466,000,000. Fiscal year 2029: −$158,177,000,000. Fiscal year 2030: −$159,315,000,000. Fiscal year 2031: −$158,011,000,000. Fiscal year 2032: −$160,000,000,000. (2) New budget authority For purposes of the enforcement of this resolution, the appropriate levels of total new budget authority are as follows: Fiscal year 2023: $4,543,190,000,000. Fiscal year 2024: $4,572,919,000,000. Fiscal year 2025: $4,752,223,000,000. Fiscal year 2026: $5,085,007,000,000. Fiscal year 2027: $5,228,949,000,000. Fiscal year 2028: $5,471,002,000,000. Fiscal year 2029: $5,409,806,000,000. Fiscal year 2030: $5,556,002,000,000. Fiscal year 2031: $5,634,207,000,000. Fiscal year 2032: $5,736,767,000,000. (3) Budget outlays For purposes of the enforcement of this resolution, the appropriate levels of total budget outlays are as follows: Fiscal year 2023: $4,518,597,000,000. Fiscal year 2024: $4,493,619,000,000. Fiscal year 2025: $4,650,765,000,000. Fiscal year 2026: $4,983,442,000,000. Fiscal year 2027: $5,119,507,000,000. Fiscal year 2028: $5,395,819,000,000. Fiscal year 2029: $5,291,200,000,000. Fiscal year 2030: $5,451,061,000,000. Fiscal year 2031: $5,533,951,000,000. Fiscal year 2032: $5,629,450,000,000. (4) Deficits For purposes of the enforcement of this resolution, the amounts of the deficits are as follows: Fiscal year 2023: −$764,927,000,000. Fiscal year 2024: −$756,176,000,000. Fiscal year 2025: −$897,273,000,000. Fiscal year 2026: −$1,139,790,000,000. Fiscal year 2027: −$1,067,020,000,000. Fiscal year 2028: −$1,221,690,000,000. Fiscal year 2029: −$950,555,000,000. Fiscal year 2030: −$936,798,000,000. Fiscal year 2031: −$833,922,000,000. Fiscal year 2032: −$711,167,000,000. (5) Public debt Pursuant to section 301(a)(5) of the Congressional Budget Act of 1974 ( 2 U.S.C. 632(a)(5) ), the appropriate levels of the public debt are as follows: Fiscal year 2023: $30,861,867,000,000. Fiscal year 2024: $31,756,889,000,000. Fiscal year 2025: $32,794,169,000,000. Fiscal year 2026: $33,904.955,000,000. Fiscal year 2027: $34,819,718,000,000. Fiscal year 2028: $35,942,629,000,000. Fiscal year 2029: $36,844,176,000,000. Fiscal year 2030: $37,814,181,000,000. Fiscal year 2031: $38,684,168,000,000. Fiscal year 2032: $39,360,619,000,000. (6) Debt held by the public The appropriate levels of debt held by the public are as follows: Fiscal year 2023: $25,049,647,000,000. Fiscal year 2024: $25,863,463,000,000. Fiscal year 2025: $26,906,901,000,000. Fiscal year 2026: $28,049,800,000,000. Fiscal year 2027: $29,149,085,000,000. Fiscal year 2028: $30,532,742,000,000. Fiscal year 2029: $31,641,590,000,000. Fiscal year 2030: $32,934,444,000,000. Fiscal year 2031: $34,125,675,000,000. Fiscal year 2032: $35,187,625,000,000. 1002. Major functional categories Congress determines and declares that the appropriate levels of new budget authority and outlays for fiscal years 2023 through 2032 for each major functional category are: (1) National Defense (050): Fiscal year 2023: (A) New budget authority, $871,311,000,000. (B) Outlays, $858,241,300,000. Fiscal year 2024: (A) New budget authority, $914,654,000,000. (B) Outlays, $900,934,200,000. Fiscal year 2025: (A) New budget authority, $951,128,000,000. (B) Outlays, $936,861,100,000. Fiscal year 2026: (A) New budget authority, $957,898,600,000. (B) Outlays, $943,530,100,000. Fiscal year 2027: (A) New budget authority, $965,023,000,000. (B) Outlays, $950,547,700,000. Fiscal year 2028: (A) New budget authority, $971,967,700,000. (B) Outlays, $957,388,200,000. Fiscal year 2029: (A) New budget authority, $979,087,000,000. (B) Outlays, $964,400,700,000. Fiscal year 2030: (A) New budget authority, $986,279,100,000. (B) Outlays, $971,484,900,000. Fiscal year 2031: (A) New budget authority, $993,722,400,000. (B) Outlays, $978,816,600,000. Fiscal year 2032: (A) New budget authority, $997,744,000,000. (B) Outlays, $982,778,000,000. (2) International Affairs (150): Fiscal year 2023: (A) New budget authority, $72,110,000,000. (B) Outlays, $65,797,000,000. Fiscal year 2024: (A) New budget authority, $71,842,000,000. (B) Outlays, $67,566,000,000. Fiscal year 2025: (A) New budget authority, $73,417,000,000. (B) Outlays, $70,326,000,000. Fiscal year 2026: (A) New budget authority, $75,176,000,000. (B) Outlays, $72,251,000,000. Fiscal year 2027: (A) New budget authority, $76,942,000,000. (B) Outlays, $73,775,000,000. Fiscal year 2028: (A) New budget authority, $78,817,000,000. (B) Outlays, $75,464,000,000. Fiscal year 2029: (A) New budget authority, $80,669,000,000. (B) Outlays, $77,206,000,000. Fiscal year 2030: (A) New budget authority, $82,504,000,000. (B) Outlays, $79,116,000,000. Fiscal year 2031: (A) New budget authority, $84,402,000,000. (B) Outlays, $81,005,000,000. Fiscal year 2032: (A) New budget authority, $86,363,000,000. (B) Outlays, $82,801,000,000. (3) General Science, Space, and Technology (250): Fiscal year 2023: (A) New budget authority, $41,244,000,000. (B) Outlays, $39,348,000,000. Fiscal year 2024: (A) New budget authority, $42,241,000,000. (B) Outlays, $41,319,000,000. Fiscal year 2025: (A) New budget authority, $43,172,000,000. (B) Outlays, $42,283,000,000. Fiscal year 2026: (A) New budget authority, $44,127,000,000. (B) Outlays, $43,113,000,000. Fiscal year 2027: (A) New budget authority, $45,127,000,000. (B) Outlays, $43,978,000,000. Fiscal year 2028: (A) New budget authority, $46,166,000,000. (B) Outlays, $44,830,000,000. Fiscal year 2029: (A) New budget authority, $47,206,000,000. (B) Outlays, $45,852,000,000. Fiscal year 2030: (A) New budget authority, $48,256,000,000. (B) Outlays, $46,886,000,000. Fiscal year 2031: (A) New budget authority, $49,344,000,000. (B) Outlays, $47,939,000,000. Fiscal year 2032: (A) New budget authority, $50,481,000,000. (B) Outlays, $49,026,000,000. (4) Energy (270): Fiscal year 2023: (A) New budget authority, $19,641,000,000. (B) Outlays, $4,419,000,000. Fiscal year 2024: (A) New budget authority, $18,722,000,000. (B) Outlays, $15,390,000,000. Fiscal year 2025: (A) New budget authority, $19,138,000,000. (B) Outlays, $19,794,000,000. Fiscal year 2026: (A) New budget authority, $17,846,000,000. (B) Outlays, $21,646,000,000. Fiscal year 2027: (A) New budget authority, $18,326,000,000. (B) Outlays, $20,121,000,000. Fiscal year 2028: (A) New budget authority, $19,681,000,000. (B) Outlays, $20,127,000,000. Fiscal year 2029: (A) New budget authority, $20,531,000,000. (B) Outlays, $20,578,000,000. Fiscal year 2030: (A) New budget authority, $21,095,000,000. (B) Outlays, $20,097,000,000. Fiscal year 2031: (A) New budget authority, $21,467,000,000. (B) Outlays, $19,962,000,000. Fiscal year 2032: (A) New budget authority, $24,130,000,000. (B) Outlays, $22,360,000,000. (5) Natural Resources and Environment (300): Fiscal year 2023: (A) New budget authority, $100,434,000,000. (B) Outlays, $59,404,000,000. Fiscal year 2024: (A) New budget authority, $104,159,000,000. (B) Outlays, $72,382,000,000. Fiscal year 2025: (A) New budget authority, $106,946,000,000. (B) Outlays, $82,189,000,000. Fiscal year 2026: (A) New budget authority, $107,396,000,000. (B) Outlays, $89,371,000,000. Fiscal year 2027: (A) New budget authority, $109,703,000,000. (B) Outlays, $94,290,000,000. Fiscal year 2028: (A) New budget authority, $112,061,000,000. (B) Outlays, $97,839,000,000. Fiscal year 2029: (A) New budget authority, $114,505,000,000. (B) Outlays, $100,988,000,000. Fiscal year 2030: (A) New budget authority, $116,837,000,000. (B) Outlays, $103,741,000,000. Fiscal year 2031: (A) New budget authority, $119,496,000,000. (B) Outlays, $106,680,000,000. Fiscal year 2032: (A) New budget authority, $122,860,000,000. (B) Outlays, $110,578,000,000. (6) Agriculture (350): Fiscal year 2023: (A) New budget authority, $31,160,000,000. (B) Outlays, $40,388,000,000. Fiscal year 2024: (A) New budget authority, $30,421,000,000. (B) Outlays, $34,663,000,000. Fiscal year 2025: (A) New budget authority, $32,421,000,000. (B) Outlays, $32,229,000,000. Fiscal year 2026: (A) New budget authority, $35,370,000,000. (B) Outlays, $34,988,000,000. Fiscal year 2027: (A) New budget authority, $37,691,000,000. (B) Outlays, $36,796,000,000. Fiscal year 2028: (A) New budget authority, $38,991,000,000. (B) Outlays, $37,909,000,000. Fiscal year 2029: (A) New budget authority, $38,687,000,000. (B) Outlays, $37,611,000,000. Fiscal year 2030: (A) New budget authority, $37,545,000,000. (B) Outlays, $36,606,000,000. Fiscal year 2031: (A) New budget authority, $37,519,000,000. (B) Outlays, $36,584,000,000. Fiscal year 2032: (A) New budget authority, $38,503,000,000. (B) Outlays, $37,206,000,000. (7) Commerce and Housing Credit (370): Fiscal year 2023: (A) New budget authority, $86,859,000,000. (B) Outlays, $21,218,000,000. Fiscal year 2024: (A) New budget authority, $91,925,000,000. (B) Outlays, $33,722,000,000. Fiscal year 2025: (A) New budget authority, $95,317,000,000. (B) Outlays, $44,455,000,000. Fiscal year 2026: (A) New budget authority, $97,232,000,000. (B) Outlays, $54,654,000,000. Fiscal year 2027: (A) New budget authority, $97,733,000,000. (B) Outlays, $62,155,000,000. Fiscal year 2028: (A) New budget authority, $98,210,000,000. (B) Outlays, $67,496,000,000. Fiscal year 2029: (A) New budget authority, $99,119,000,000. (B) Outlays, $68,033,000,000. Fiscal year 2030: (A) New budget authority, $100,168,000,000. (B) Outlays, $67,887,000,000. Fiscal year 2031: (A) New budget authority, $101,725,000,000. (B) Outlays, $67,844,000,000. Fiscal year 2032: (A) New budget authority, $103,945,000,000. (B) Outlays, $68,730,000,000. (8) Transportation (400): Fiscal year 2023: (A) New budget authority, $165,184,000,000. (B) Outlays, $134,017,000,000. Fiscal year 2024: (A) New budget authority, $168,551,000,000. (B) Outlays, $143,749,000,000. Fiscal year 2025: (A) New budget authority, $171,110,000,000. (B) Outlays, $154,584,000,000. Fiscal year 2026: (A) New budget authority, $174,174,000,000. (B) Outlays, $162,323,000,000. Fiscal year 2027: (A) New budget authority, $176,575,000,000. (B) Outlays, $169,448,000,000. Fiscal year 2028: (A) New budget authority, $178,934,000,000. (B) Outlays, $174,010,000,000. Fiscal year 2029: (A) New budget authority, $181,031,000,000. (B) Outlays, $177,958,000,000. Fiscal year 2030: (A) New budget authority, $178,065,000,000. (B) Outlays, $178,254,000,000. Fiscal year 2031: (A) New budget authority, $180,397,000,000. (B) Outlays, $183,113,000,000. Fiscal year 2032: (A) New budget authority, $188,636,000,000. (B) Outlays, $192,617,000,000. (9) Community and Regional Development (450): Fiscal year 2023: (A) New budget authority, $47,737,000,000. (B) Outlays, $59,990,000,000. Fiscal year 2024: (A) New budget authority, $48,716,000,000. (B) Outlays, $56,300,000,000. Fiscal year 2025: (A) New budget authority, $49,506,000,000. (B) Outlays, $49,382,000,000. Fiscal year 2026: (A) New budget authority, $50,531,000,000. (B) Outlays, $47,939,000,000. Fiscal year 2027: (A) New budget authority, $51,632,000,000. (B) Outlays, $48,504,000,000. Fiscal year 2028: (A) New budget authority, $52,782,000,000. (B) Outlays, $48,492,000,000. Fiscal year 2029: (A) New budget authority, $53,930,000,000. (B) Outlays, $48,206,000,000. Fiscal year 2030: (A) New budget authority, $55,085,000,000. (B) Outlays, $48,453,000,000. Fiscal year 2031: (A) New budget authority, $56,197,000,000. (B) Outlays, $49,371,000,000. Fiscal year 2032: (A) New budget authority, $57,548,000,000. (B) Outlays, $48,152,000,000. (10) Education, Training, Employment, and Social Services (500): Fiscal year 2023: (A) New budget authority, $123,930,000,000. (B) Outlays, $197,835,000,000. Fiscal year 2024: (A) New budget authority, $126,381,000,000. (B) Outlays, $175,709,000,000. Fiscal year 2025: (A) New budget authority, $129,008,000,000. (B) Outlays, $150,548,000,000. Fiscal year 2026: (A) New budget authority, $132,958,000,000. (B) Outlays, $135,731,000,000. Fiscal year 2027: (A) New budget authority, $136,906,000,000. (B) Outlays, $133,750,000,000. Fiscal year 2028: (A) New budget authority, $140,186,000,000. (B) Outlays, $137,104,000,000. Fiscal year 2029: (A) New budget authority, $142,863,000,000. (B) Outlays, $139,927,000,000. Fiscal year 2030: (A) New budget authority, $145,304,000,000. (B) Outlays, $142,476,000,000. Fiscal year 2031: (A) New budget authority, $148,151,000,000. (B) Outlays, $145,164,000,000. Fiscal year 2032: (A) New budget authority, $151,670,000,000. (B) Outlays, $148,419,000,000. (11) Health (550): Fiscal year 2023: (A) New budget authority, $837,137,000,000. (B) Outlays, $886,337,000,000. Fiscal year 2024: (A) New budget authority, $769,870,000,000. (B) Outlays, $775,538,000,000. Fiscal year 2025: (A) New budget authority, $780,873,000,000. (B) Outlays, $773,206,000,000. Fiscal year 2026: (A) New budget authority, $820,401,000,000. (B) Outlays, $807,943,000,000. Fiscal year 2027: (A) New budget authority, $857,181,000,000. (B) Outlays, $841,395,000,000. Fiscal year 2028: (A) New budget authority, $887,616,000,000. (B) Outlays, $880,241,000,000. Fiscal year 2029: (A) New budget authority, $928,363,000,000. (B) Outlays, $922,004,000,000. Fiscal year 2030: (A) New budget authority, $980,114,000,000. (B) Outlays, $965,919,000,000. Fiscal year 2031: (A) New budget authority, $1,021,443,000,000. (B) Outlays, $1,013,263,000,000. Fiscal year 2032: (A) New budget authority, $1,075,476,000,000. (B) Outlays, $1,064,624,000,000. (12) Medicare (570): Fiscal year 2023: (A) New budget authority, $856,689,000,000. (B) Outlays, $856,504,000,000. Fiscal year 2024: (A) New budget authority, $861,576,000,000. (B) Outlays, $861,544,000,000. Fiscal year 2025: (A) New budget authority, $976,499,000,000. (B) Outlays, $976,494,000,000. Fiscal year 2026: (A) New budget authority, $1,056,279,000,000. (B) Outlays, $1,056,291,000,000. Fiscal year 2027: (A) New budget authority, $1,136,714,000,000. (B) Outlays, $1,136,747,000,000. Fiscal year 2028: (A) New budget authority, $1,298,959,000,000. (B) Outlays, $1,299,016,000,000. Fiscal year 2029: (A) New budget authority, $1,218,610,000,000. (B) Outlays, $1,218,691,000,000. Fiscal year 2030: (A) New budget authority, $1,390,273,000,000. (B) Outlays, $1,390,392,000,000. Fiscal year 2031: (A) New budget authority, $1,476,694,000,000. (B) Outlays, $1,476,507,000,000. Fiscal year 2032: (A) New budget authority, $1,596,938,000,000. (B) Outlays, $1,596,754,000,000. (13) Income Security (600): Fiscal year 2023: (A) New budget authority, $680,997,000,000. (B) Outlays, $690,966,000,000. Fiscal year 2024: (A) New budget authority, $670,712,000,000. (B) Outlays, $677,473,000,000. Fiscal year 2025: (A) New budget authority, $668,932,000,000. (B) Outlays, $669,489,000,000. Fiscal year 2026: (A) New budget authority, $684,120,000,000. (B) Outlays, $686,451,000,000. Fiscal year 2027: (A) New budget authority, $683,912,000,000. (B) Outlays, $677,269,000,000. Fiscal year 2028: (A) New budget authority, $705,902,000,000. (B) Outlays, $704,164,000,000. Fiscal year 2029: (A) New budget authority, $710,254,000,000. (B) Outlays, $695,276,000,000. Fiscal year 2030: (A) New budget authority, $730,398,000,000. (B) Outlays, $720,791,000,000. Fiscal year 2031: (A) New budget authority, $746,179,000,000. (B) Outlays, $735,470,000,000. Fiscal year 2032: (A) New budget authority, $762,077,000,000. (B) Outlays, $750,835,000,000. (14) Social Security (650): Fiscal year 2023: (A) New budget authority, $52,290,000,000. (B) Outlays, $52,290,000,000. Fiscal year 2024: (A) New budget authority, $56,030,000,000. (B) Outlays, $56,030,000,000. Fiscal year 2025: (A) New budget authority, $59,756,000,000. (B) Outlays, $59,756,000,000. Fiscal year 2026: (A) New budget authority, $70,790,000,000. (B) Outlays, $70,790,000,000. Fiscal year 2027: (A) New budget authority, $77,655,000,000. (B) Outlays, $77,655,000,000. Fiscal year 2028: (A) New budget authority, $82,749,000,000. (B) Outlays, $82,749,000,000. Fiscal year 2029: (A) New budget authority, $88,357,000,000. (B) Outlays, $88,357,000,000. Fiscal year 2030: (A) New budget authority, $94,188,000,000. (B) Outlays, $94,188,000,000. Fiscal year 2031: (A) New budget authority, $99,551,000,000. (B) Outlays, $99,551,000,000. Fiscal year 2032: (A) New budget authority, $104,904,000,000. (B) Outlays, $104,904,000,000. (15) Veterans Benefits and Services (700): Fiscal year 2023: (A) New budget authority, $286,186,000,000. (B) Outlays, $285,413,000,000. Fiscal year 2024: (A) New budget authority, $299,224,000,000. (B) Outlays, $284,112,000,000. Fiscal year 2025: (A) New budget authority, $310,121,000,000. (B) Outlays, $308,602,000,000. Fiscal year 2026: (A) New budget authority, $319,942,000,000. (B) Outlays, $318,545,000,000. Fiscal year 2027: (A) New budget authority, $329,844,000,000. (B) Outlays, $328,676,000,000. Fiscal year 2028: (A) New budget authority, $340,121,000,000. (B) Outlays, $353,447,000,000. Fiscal year 2029: (A) New budget authority, $351,318,000,000. (B) Outlays, $333,422,000,000. Fiscal year 2030: (A) New budget authority, $362,777,000,000. (B) Outlays, $360,287,000,000. Fiscal year 2031: (A) New budget authority, $375,511,000,000. (B) Outlays, $372,935,000,000. Fiscal year 2032: (A) New budget authority, $387,921,000,000. (B) Outlays, $385,276,000,000. (16) Administration of Justice (750): Fiscal year 2023: (A) New budget authority, $79,720,000,000. (B) Outlays, $77,635,000,000. Fiscal year 2024: (A) New budget authority, $81,720,000,000. (B) Outlays, $80,894,000,000. Fiscal year 2025: (A) New budget authority, $83,817,000,000. (B) Outlays, $82,141,000,000. Fiscal year 2026: (A) New budget authority, $86,461,000,000. (B) Outlays, $84,486,000,000. Fiscal year 2027: (A) New budget authority, $89,000,000,000. (B) Outlays, $87,318,000,000. Fiscal year 2028: (A) New budget authority, $91,583,000,000. (B) Outlays, $89,508,000,000. Fiscal year 2029: (A) New budget authority, $94,069,000,000. (B) Outlays, $91,733,000,000. Fiscal year 2030: (A) New budget authority, $96,738,000,000. (B) Outlays, $94,362,000,000. Fiscal year 2031: (A) New budget authority, $99,442,000,000. (B) Outlays, $97,046,000,000. Fiscal year 2032: (A) New budget authority, $108,777,000,000. (B) Outlays, $106,256,000,000. (17) General Government (800): Fiscal year 2023: (A) New budget authority, $32,235,000,000. (B) Outlays, $31,914,000,000. Fiscal year 2024: (A) New budget authority, $32,704,000,000. (B) Outlays, $32,522,000,000. Fiscal year 2025: (A) New budget authority, $33,374,000,000. (B) Outlays, $31,648,000,000. Fiscal year 2026: (A) New budget authority, $34,227,000,000. (B) Outlays, $32,871,000,000. Fiscal year 2027: (A) New budget authority, $35,148,000,000. (B) Outlays, $34,246,000,000. Fiscal year 2028: (A) New budget authority, $36,160,000,000. (B) Outlays, $35,415,000,000. Fiscal year 2029: (A) New budget authority, $37,200,000,000. (B) Outlays, $36,441,000,000. Fiscal year 2030: (A) New budget authority, $38,267,000,000. (B) Outlays, $37,496,000,000. Fiscal year 2031: (A) New budget authority, $39,320,000,000. (B) Outlays, $38,528,000,000. Fiscal year 2032: (A) New budget authority, $40,756,000,000. (B) Outlays, $39,971,000,000. (18) Net Interest (900): Fiscal year 2023: (A) New budget authority, $440,451,000,000. (B) Outlays, $440,451,000,000. Fiscal year 2024: (A) New budget authority, $519,150,000,000. (B) Outlays, $519,150,000,000. Fiscal year 2025: (A) New budget authority, $591,054,000,000. (B) Outlays, $591,054,000,000. Fiscal year 2026: (A) New budget authority, $660,721,000,000. (B) Outlays, $660,721,000,000. Fiscal year 2027: (A) New budget authority, $729,126,000,000. (B) Outlays, $729,126,000,000. Fiscal year 2028: (A) New budget authority, $804,901,000,000. (B) Outlays, $804,901,000,000. Fiscal year 2029: (A) New budget authority, $873,633,000,000. (B) Outlays, $873,633,000,000. Fiscal year 2030: (A) New budget authority, $937,141,000,000. (B) Outlays, $937,141,000,000. Fiscal year 2031: (A) New budget authority, $1,003,728,000,000. (B) Outlays, $1,003,728,000,000. Fiscal year 2032: (A) New budget authority, $1,068,087,000,000. (B) Outlays, $1,068,087,000,000. (19) Allowances (920): Fiscal year 2023: (A) New budget authority, −$141,372,000,000. (B) Outlays, −$141,372,000,000. Fiscal year 2024: (A) New budget authority, −$204,514,000,000. (B) Outlays, −$204,514,000,000. Fiscal year 2025: (A) New budget authority, −$287,602,000,000. (B) Outlays, −$287,602,000,000. Fiscal year 2026: (A) New budget authority, −$200,660,000,000. (B) Outlays, −$200,660,000,000. Fiscal year 2027: (A) New budget authority, −$274,300,000,000. (B) Outlays, −$274,300,000,000. Fiscal year 2028: (A) New budget authority, −$358,125,000,000. (B) Outlays, −$358,125,000,000. Fiscal year 2029: (A) New budget authority, −$495,051,000,000. (B) Outlays, −$495,051,000,000. Fiscal year 2030: (A) New budget authority, −$684,804,000,000. (B) Outlays, −$684,804,000,000. Fiscal year 2031: (A) New budget authority, −$855,249,000,000. (B) Outlays, −$855,249,000,000. Fiscal year 2032: (A) New budget authority, −$1,076,093,000,000. (B) Outlays, −$1,076,093,000,000. (20) Undistributed Offsetting Receipts (950): Fiscal year 2023: (A) New budget authority, −$127,442,000,000. (B) Outlays, −$129,087,000,000. Fiscal year 2024: (A) New budget authority, −$117,411,000,000. (B) Outlays, −$117,316,000,000. Fiscal year 2025: (A) New budget authority, −$121,572,000,000. (B) Outlays, −$122,695,000,000. Fiscal year 2026: (A) New budget authority, −$125,579,000,000. (B) Outlays, −$125,354,000,000. Fiscal year 2027: (A) New budget authority, −$136,065,000,000. (B) Outlays, −$137,290,000,000. Fiscal year 2028: (A) New budget authority, −$141,442,000,000. (B) Outlays, −$141,167,000,000. Fiscal year 2029: (A) New budget authority, −$138,935,000,000. (B) Outlays, −$138,660,000,000. Fiscal year 2030: (A) New budget authority, −$144,140,000,000. (B) Outlays, −$143,865,000,000. Fiscal year 2031: (A) New budget authority, −$148,093,000,000. (B) Outlays, −$147,818,000,000. Fiscal year 2032: (A) New budget authority, −$153,956,000,000. (B) Outlays, −$153,831,000,000. 1003. Social Security in the Senate (a) Social Security Revenues For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of revenues of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2023: $1,135,933,000,000. Fiscal year 2024: $1,186,442,000,000. Fiscal year 2025: $1,228,027,000,000. Fiscal year 2026: $1,271,916,000,000. Fiscal year 2027: $1,319,510,000,000. Fiscal year 2028: $1,369,046,000,000. Fiscal year 2029: $1,419,744,000,000. Fiscal year 2030: $1,471,910,000,000. Fiscal year 2031: $1,527,276,000,000. Fiscal year 2032: $1,583,786,000,000. (b) Social Security Outlays For purposes of Senate enforcement under sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642), the amounts of outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are as follows: Fiscal year 2023: $1,320,290,000,000. Fiscal year 2024: $1,408,997,000,000. Fiscal year 2025: $1,491,333,000,000. Fiscal year 2026: $1,576,748,000,000. Fiscal year 2027: $1,665,182,000,000. Fiscal year 2028: $1,760,444,000,000. Fiscal year 2029: $1,859,623,000,000. Fiscal year 2030: $1,962,593,000,000. Fiscal year 2031: $2,068,247,000,000. Fiscal year 2032: $2,174,947,000,000. (c) Social Security Administrative Expenses In the Senate, the amounts of new budget authority and budget outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund for administrative expenses are as follows: Fiscal year 2023: (A) New budget authority, $6,462,000,000. (B) Outlays, $6,388,000,000. Fiscal year 2024: (A) New budget authority, $6,685,000,000. (B) Outlays, $6,620,000,000. Fiscal year 2025: (A) New budget authority, $6,900,000,000. (B) Outlays, $6,840,000,000. Fiscal year 2026: (A) New budget authority, $7,110,000,000. (B) Outlays, $7,052,000,000. Fiscal year 2027: (A) New budget authority, $7,326,000,000. (B) Outlays, $7,268,000,000. Fiscal year 2028: (A) New budget authority, $7,553,000,000. (B) Outlays, $7,493,000,000. Fiscal year 2029: (A) New budget authority, $7,779,000,000. (B) Outlays, $7,718,000,000. Fiscal year 2030: (A) New budget authority, $8,013,000,000. (B) Outlays, $7,951,000,000. Fiscal year 2031: (A) New budget authority, $8,255,000,000. (B) Outlays, $8,191,000,000. Fiscal year 2032: (A) New budget authority, $8,500,000,000. (B) Outlays, $8,435,000,000. 1004. Postal Service discretionary administrative expenses in the Senate In the Senate, the amounts of new budget authority and budget outlays of the Postal Service for discretionary administrative expenses are as follows: Fiscal year 2023: (A) New budget authority, $332,000,000. (B) Outlays, $331,000,000. Fiscal year 2024: (A) New budget authority, $344,000,000. (B) Outlays, $343,000,000. Fiscal year 2025: (A) New budget authority, $356,000,000. (B) Outlays, $355,000,000. Fiscal year 2026: (A) New budget authority, $368,000,000. (B) Outlays, $367,000,000. Fiscal year 2027: (A) New budget authority, $380,000,000. (B) Outlays, $379,000,000. Fiscal year 2028: (A) New budget authority, $394,000,000. (B) Outlays, $393,000,000. Fiscal year 2029: (A) New budget authority, $406,000,000. (B) Outlays, $405,000,000. Fiscal year 2030: (A) New budget authority, $419,000,000. (B) Outlays, $418,000,000. Fiscal year 2031: (A) New budget authority, $434,000,000. (B) Outlays, $433,000,000. Fiscal year 2032: (A) New budget authority, $447,000,000. (B) Outlays, $446,000,000. II Repeal of reconciliation instructions 2001. Senate In the Senate, section 2001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, shall no longer apply. III Deficit reduction reserve funds 3001. Reserve fund for deficit-neutral legislation The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution for one or more bills, joint resolutions, amendments, or conference reports by the amounts provided in such legislation, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3002. Deficit-reduction reserve fund for efficiencies, consolidations, curbing budgetary gimmicks, and other savings The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to efficiencies, consolidations, curbing budgetary gimmicks, and other savings, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3003. Deficit-reduction reserve fund to provide for legislation imposing spending caps as a percentage of GDP The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to Federal spending, which may include provisions limiting Federal spending to certain percentages of GDP, by the amounts provided in such legislation for those purposes, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3004. Deficit-neutral reserve fund to promote United States energy production The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to United States energy and natural resources policies, which may include— (1) energy development and permitting; (2) nuclear waste; (3) State mineral royalty revenues; or (4) soda ash royalties, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3005. Deficit-neutral reserve fund relating to banning fracking in the United States The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and environmental laws and policies, which may include limiting or prohibiting the Chair of the Council on Environmental Quality and the Administrator of the Environmental Protection Agency from proposing, finalizing, or implementing a rule or guidance that bans fracking in the United States by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3006. Deficit-reduction reserve fund for reducing fraud in taxpayer-funded government assistance programs The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to reducing fraud in taxpayer funded Government assistance by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3007. Deficit-reduction reserve fund to continue proven middle class tax relief The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to changes in Federal tax laws, which may include provision of continued tax relief to working families and the middle class such as through extension or modification of tax provisions of Public Law 115–97 (131 Stat. 2054), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3008. Deficit-reduction reserve fund to improve health care The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving United States healthcare, which may include— (1) repealing and replacing the Patient Protection and Affordable Care Act or the Health Care and Education Reconciliation Act of 2010, and preserving pre-existing conditions protections; (2) increasing health care options for individuals; (3) lowering health care costs for United States families, such as reducing prescription drug costs and promoting biosimilar competition; (4) encouraging State flexibility and innovation; (5) improving consumers’ access to care; or (6) investing in public health, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3009. Deficit-reduction reserve fund relating to protecting pre-existing conditions The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to supporting congressional efforts to preserve preexisting condition protections with respect to health insurance, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3010. Deficit-reduction reserve fund relating to reducing prescription drug costs The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving access to, and affordability of, prescription drugs for all people of the United States, holding the health care industry accountable for the prices that consumers and Federal programs pay for critical medications, and addressing issues that artificially increase the costs of drugs, such as price gouging and pay-for-delay, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3011. Deficit-reduction reserve fund to strengthening United States families and other social contract programs The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to strengthening United States families, which may include— (1) addressing the opioid and substance abuse crisis; (2) improving child and maternal health; (3) making child and dependent care more affordable and useful for United States families; (4) supporting child nutrition programs; (5) foster care, marriage, and fatherhood programs; (6) enhancing other social contract programs; (7) maintaining existing prohibitions on Federal funds being used to pay for abortions; or (8) providing transitional supports to States implementing the Family First Prevention Services Act (title VII of division E of the Bipartisan Budget Act of 2018 ( Public Law 115–123 ; 132 Stat. 232)), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3012. Deficit-reduction reserve fund to promote economic growth and prosperity for United States workers The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to promoting economic growth and prosperity for United States workers, which may include— (1) reducing the costs to businesses and individuals stemming from Federal regulations; (2) streamlining and enhancing outcomes from Federal workforce development, job training, and re-employment programs, such as apprenticeship or certificate programs that provide training for a new industry; (3) increasing job creation, commerce, and economic growth; (4) increasing exports from the United States; (5) supporting robust intellectual property protections; or (6) as part of Federal tax reform, provide continued tax relief to working families and the middle class, such as through extension of tax provisions of Public Law 115–97 (131 Stat. 2054), by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3013. Deficit-neutral reserve fund to provide continued tax relief for family-owned businesses, farms, and ranches The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to changes in Federal tax laws, which may include provision of continued tax relief for family-owned businesses, farms, and ranches such as through extensions of provisions of Public Law 115–97 (131 Stat. 2054), by the amounts provided in such legislation for those purposes, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3014. Deficit-reduction reserve fund for border security and immigration The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to border security and immigration, which may include— (1) securing the borders of the United States through investments in infrastructure and technology; (2) ending human trafficking (3) intercepting narcotics being transported into the United States, (4) ensuring that no Federal funds can be used to deconstruct existing border wall; (5) prioritizing Department of Homeland Security funding for robust border enforcement, including continued construction of a border wall; (6) continuing funding and execution of the authority under regulations promulgated pursuant to 362 and 365 of the Public Health Service Act ( 42 U.S.C. 265 , 268) at the Southern border, a policy that allows border officials to immediately expel migrants trying to cross into the United States for public health reasons; (7) ending Federal funding of sanctuary cities, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3015. Deficit-neutral reserve fund relating to protecting United States taxpayers from the costs associated with cancelling contracts relating to border security The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to protecting United States taxpayers and the united states border, which may include prohibiting the cancellation of contracts for physical barriers and other border security measures for which funds already have been obligated, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3016. Deficit-neutral reserve fund relating to the improvement of relations between the United States and Canada The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving relations between the United States and Canada, increasing energy trade between the two nations, and reducing transportation emissions through the approval of the importation of oil from Canada to the United States through the Keystone XL Pipeline by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3017. Deficit-neutral reserve fund relating to improving the solvency of Federal trust funds The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to improving the solvency of major Federal trust funds, which may include developing recommendations and legislation to rescue programs that support surface transportation, health care services, and financial protection and security for individuals, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3018. Deficit-reduction reserve fund for preserving and strengthening social contract programs The Chair of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments, amendments between the Houses, motions, or conference reports relating to legislation that winds down the conservatorship of Fannie Mae and Freddie Mac, and to address budgetary treatment of such enterprises by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. 3019. Deficit-neutral reserve fund to promote economic opportunity and self-sufficiency The Chairman of the Committee on the Budget of the Senate may revise the allocations of a committee or committees, aggregates, and other appropriate levels in this resolution, and make adjustments to the pay-as-you-go ledger, for one or more bills, joint resolutions, amendments between the Houses, motions, or conference reports relating to promoting economic opportunity and self-sufficiency, which may include— (1) advancing policies that promote economic opportunities for all people of the United States; or (2) implementing work requirements in means tested welfare programs and promoting self-sufficiency, by the amounts provided in such legislation for those purposes, provided that such legislation would not increase the deficit over either the period of the total of fiscal years 2023 through 2026 or the period of the total of fiscal years 2023 through 2032. IV Budget process A Enforcement 4101. Point of order against advance appropriations in the Senate (a) In general (1) Point of order Except as provided in subsection (b), it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would provide an advance appropriation for a discretionary account. (2) Definition In this section, the term advance appropriation means any new budget authority provided in a bill or joint resolution making appropriations for fiscal year 2023 that first becomes available for any fiscal year after 2023, or any new budget authority provided in a bill or joint resolution making general appropriations or continuing appropriations for fiscal year 2024, that first becomes available for any fiscal year after 2024. (b) Exceptions Advance appropriations may be provided— (1) for fiscal years 2023 and 2024 for programs, projects, activities, or accounts identified in the joint explanatory statement of managers accompanying this concurrent resolution under the heading Accounts Identified for Advance Appropriations in an aggregate amount not to exceed $28,852,000,000 in new budget authority in each fiscal year; (2) for the Corporation for Public Broadcasting; and (3) for the Department of Veterans Affairs for the Medical Services, Medical Support and Compliance, Veterans Medical Community Care, and Medical Facilities accounts of the Veterans Health Administration. (c) Supermajority waiver and appeal (1) Waiver In the Senate, subsection (a) may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. (2) Appeal An affirmative vote of three fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). (d) Form of point of order A point of order under subsection (a) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (e) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or joint resolution, upon a point of order being made by any Senator pursuant to this section, and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. 4102. Point of order against legislation that would cause a net increase in outlays unless the Director of the Congressional Budget Office certifies that inflation is below 3 percent (a) Point of order It shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would cause a net increase in outlays relative to the most recently published Congressional Budget Office baseline unless the Director of the Congressional Budget Office certifies (based on the most recent data available to the Director) that inflation, as measured in either the average of the annualized changes in the 3 most recently published monthly reports on the consumer price index for all-urban consumers published by the Bureau of Labor Statistics of the Department of Labor, or the previous year's unadjusted annual change in that index, is below 3 percent. (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). 4103. Cost estimates for major legislation to incorporate macroeconomic effects (a) CBO and JCT estimates During the 117th Congress, any estimate provided by the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ) or by the Joint Committee on Taxation to the Congressional Budget Office under section 201(f) of such Act ( 2 U.S.C. 601(f) ) for major legislation considered in the Senate shall, to the greatest extent practicable, incorporate the budgetary effects of changes in economic output, employment, capital stock, and other macroeconomic variables resulting from such major legislation. (b) Contents Any estimate referred to in subsection (a) shall, to the extent practicable, include— (1) a qualitative assessment of the budgetary effects (including macroeconomic variables described in subsection (a)) of the major legislation in the 20-fiscal year period beginning after the last fiscal year of the most recently agreed to concurrent resolution on the budget that sets forth budgetary levels required under section 301 of the Congressional Budget Act of 1974 ( 2 U.S.C. 632 ); and (2) an identification of the critical assumptions and the source of data underlying that estimate. (c) Definitions In this section: (1) Major legislation The term major legislation means a bill, joint resolution, conference report, amendment, amendment between the Houses, or treaty considered in the Senate— (A) for which an estimate is required to be prepared pursuant to section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ) and that causes a gross budgetary effect (before incorporating macroeconomic effects and not including timing shifts) in a fiscal year in the period of years of the most recently agreed to concurrent resolution on the budget equal to or greater than— (i) 0.25 percent of the current projected gross domestic product of the United States for that fiscal year; or (ii) for a treaty, equal to or greater than $15,000,000,000 for that fiscal year; or (B) designated as such by— (i) the Chairman of the Committee on the Budget of the Senate for all direct spending and revenue legislation; or (ii) the Senator who is Chairman or Vice Chairman of the Joint Committee on Taxation for revenue legislation. (2) Budgetary effects The term budgetary effects means changes in revenues, direct spending outlays, and deficits. (3) Timing shifts The term timing shifts means— (A) provisions that cause a delay of the date on which outlays flowing from direct spending would otherwise occur from one fiscal year to the next fiscal year; or (B) provisions that cause an acceleration of the date on which revenues would otherwise occur from one fiscal year to the prior fiscal year. 4104. Surgical strike point of order in the Senate against directing budgetary treatment (a) Definition In this section, the term directs budgetary treatment with respect to a provision means that the provision, as determined by the Chairman of the Committee on the Budget of the Senate— (1) directs the congressional estimating process for determining the budgetary effects of legislation; (2) directs that a provision of legislation be considered a change in concepts and definitions under section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) ); or (3) reclassifies the budgetary treatment of funding. (b) Point of order (1) In general In the Senate, it shall not be in order to consider a provision that directs budgetary treatment in a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report, unless the provision is included in— (A) a bill or resolution which has been reported by the Committee on the Budget (or from the consideration of which such committee has been discharged); or (B) a motion on, amendment to, amendment between the Houses in relation to, or conference report on a bill or resolution described in subparagraph (A). (2) Point of order sustained If a point of order is made by a Senator against a provision described in paragraph (1), and the point of order is sustained by the Chair, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. (c) Form of the point of order A point of order under subsection (b)(1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 ( 2 U.S.C. 644(e) ). (d) Conference reports When the Senate is considering a conference report on, or an amendment between the Houses in relation to, a bill or resolution, upon a point of order being made by any Senator pursuant to subsection (b)(1), and such point of order being sustained, such material contained in such conference report or House amendment shall be stricken, and the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken. Any such motion in the Senate shall be debatable. In any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (e) Supermajority waiver and appeal In the Senate, this section may be waived or suspended only by an affirmative vote of three-fifths of the Members, duly chose and sworn. An affirmative vote of three-fifths of Members of the Senate, duly chosen and sworn shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under this section. 4105. Point of order against budget resolutions that do not include a balanced budget (a) Point of order It shall not be in order in the Senate to consider a concurrent resolution on the budget that does not reduce the deficit to zero on or before the end of the 9th fiscal year after the budget year. (b) Waiver and appeal Subsection (a) may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). 4106. Limits on waiver of budget points of order (a) Definition In this section, the term budget point of order means a point of order under the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621 et seq. ), the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ), the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 931 et seq. ), a concurrent resolution on the budget, or this Act. (b) Prohibition on waiving multiple points of order In the Senate, it shall not be in order to move to waive more than 1 budget point of order with respect to a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report as part of a single motion, including a motion to waive all applicable budget points of order. (c) Prohibition on preemptive waivers In the Senate, it shall not be in order to move to waive or suspend a budget point of order with respect to a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report unless the budget point of order has been specifically raised by a Senator. (d) No waiver It shall not be in order to move to waive or suspend this section. 4107. Reestablish supermajority enforcement of unfunded mandates in the Senate Section 4007 of S. Con. Res. 5 (117th Congress), the concurrent resolution on the budget for fiscal year 2021, is repealed. 4108. Reestablish emergency legislation Section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, is repealed. B Other provisions 4201. Budgetary treatment of certain discretionary administrative expenses (a) In general In the Senate, notwithstanding section 302(a)(1) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a)(1) ), section 13301 of the Budget Enforcement Act of 1990 ( 2 U.S.C. 632 note), and section 2009a of title 39, United States Code, the joint explanatory statement accompanying the conference report on any concurrent resolution on the budget shall include in its allocations under section 302(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a) ) to the Committees on Appropriations amounts for the discretionary administrative expenses of the Social Security Administration and of the Postal Service. (b) Special rule In the Senate, for purposes of enforcing sections 302(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(f) ), estimates of the level of total new budget authority and total outlays provided by a measure shall include any discretionary amounts described in subsection (a). 4202. Application and effect of changes in allocations and aggregates (a) Application Any adjustments of allocations and aggregates made pursuant to this resolution shall— (1) apply while that measure is under consideration; (2) take effect upon the enactment of that measure; and (3) be published in the Congressional Record as soon as practicable. (b) Effect of changed allocations and aggregates Revised allocations and aggregates resulting from these adjustments shall be considered for the purposes of the Congressional Budget Act of 1974 ( 2 U.S.C. 621 et seq. ) as allocations and aggregates contained in this resolution. (c) Budget committee determinations For purposes of this resolution the levels of new budget authority, outlays, direct spending, new entitlement authority, revenues, deficits, and surpluses for a fiscal year or period of fiscal years shall be determined on the basis of estimates made by the Committee on the Budget of the Senate. 4203. Adjustments to reflect changes in concepts and definitions Upon the enactment of a bill or joint resolution providing for a change in concepts or definitions, the Chairman of the Committee on the Budget of the Senate may make adjustments to the levels and allocations in this resolution in accordance with section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) ). 4204. Exercise of rulemaking powers Congress adopts the provisions of this title— (1) as an exercise of the rulemaking power of the Senate, and as such they shall be considered as part of the rules of the Senate and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and (2) with full recognition of the constitutional right of the Senate to change those rules at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate.
July 19, 2022 Committee discharged pursuant to Section 300 of the Congressional Budget Act and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117sconres43pcs/xml/BILLS-117sconres43pcs.xml |
117-sconres-44 | III 117th CONGRESS 2d Session S. CON. RES. 44 IN THE SENATE OF THE UNITED STATES September 12, 2022 Mr. Blunt (for himself, Ms. Klobuchar , Mr. McConnell , Mr. Schumer , and Mr. Hawley ) submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Authorizing the use of the rotunda of the Capitol for a ceremony to present the statue of Harry S. Truman from the people of Missouri.
1. Use of rotunda for ceremony for presentation of statue of Harry S. Truman from the people of Missouri The State of Missouri is authorized to use the rotunda of the Capitol on September 29, 2022, for a ceremony to present the statue of Harry S. Truman from the people of Missouri for placement in the rotunda of the Capitol. Physical preparations for the conduct of the ceremony shall be carried out in accordance with such conditions as the Architect of the Capitol may prescribe. | https://www.govinfo.gov/content/pkg/BILLS-117sconres44ats/xml/BILLS-117sconres44ats.xml |
117-sconres-45 | III 117th CONGRESS 2d Session S. CON. RES. 45 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Leahy submitted the following concurrent resolution; which was considered and agreed to CONCURRENT RESOLUTION Providing for a correction in the enrollment of H.R. 6833.
That, in the enrollment of H.R. 6833, the Clerk of the House of Representatives shall amend the title so as to read: Making continuing appropriations for fiscal year 2023, and for other purposes. . | https://www.govinfo.gov/content/pkg/BILLS-117sconres45ats/xml/BILLS-117sconres45ats.xml |
117-sconres-46 | III 117th CONGRESS 2d Session S. CON. RES. 46 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Carper (for himself, Mr. Blumenthal , Mr. Cardin , Mr. Markey , Mr. Merkley , Mr. Padilla , Mr. Whitehouse , Mr. Kaine , Mr. Van Hollen , Mr. King , and Mr. Peters ) submitted the following concurrent resolution; which was referred to the Committee on Environment and Public Works CONCURRENT RESOLUTION Commemorating the 50th anniversary of the Federal Water Pollution Control Act Amendments of 1972, commonly known as the Clean Water Act .
Whereas the Federal Water Pollution Control Act Amendments of 1972 ( Public Law 92–500 ; 86 Stat. 816), including the amendments made by that Act (collectively commonly known and referred to in this preamble as the Clean Water Act ), is one of the most important environmental laws in the United States and the Nation's principal safeguard against pollution, degradation, and destruction of surface waters, including streams, rivers, wetlands, and lakes; Whereas the Clean Water Act has made progress towards the objective of the legislation to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters” by— (1) significantly reducing water pollution; (2) substantially improving the quality of tens of thousands of waterbodies; and (3) dramatically reducing the rate of wetlands loss; Whereas, despite the improvements brought about by the Clean Water Act, failure to fully achieve the intended goals of the Clean Water Act are due to— (1) changes to interpretation of the Clean Water Act, which has weakened protections for our waters; (2) lack of adequate and equitable investments in clean water infrastructure and funding to implement and enforce the Clean Water Act; and (3) weak and inequitable enforcement and implementation of critical provisions of the Clean Water Act; and Whereas, as the United States embarks on the next 50 years of the Clean Water Act, Congress envisions a law that— (1) expands access to clean water for every community by— (A) protecting waters with cultural, historical, spiritual, and religious significance; (B) ensuring that rivers, streams, and other waterbodies are fishable and swimmable and serve as safe and reliable sources of recreation, drinking water, and subsistence; (C) restoring and safeguarding waterways and wetlands that provide vital fish and wildlife habitat and protect communities from floods and droughts; and (D) making healthy shorelines, waterfronts, and water-related recreation available and welcoming to all; (2) prioritizes affordable clean water investments in Black, Indigenous, People of Color, low-wealth, and other communities that have been most harmed by pollution; (3) incentivizes natural infrastructure and nature-based solutions; (4) builds climate resiliency and mitigation of climate impacts into our water infrastructure; (5) supports robust, transparent, and meaningful community engagement and community-led solutions and decisionmaking, including meaningfully incorporating the perspectives and solutions of Tribal communities; (6) ensures affordable clean water services for all; (7) protects and restores ecosystems by— (A) eliminating harmful algal blooms, algal toxins in drinking water supplies, and dead zones by reducing inputs of nitrogen and phosphorus from the most significant sources; (B) preventing destruction and degradation of remaining wetlands and restoring and protecting wetlands across the country; (C) restoring all waters, especially the most polluted waterways and waterways in the communities most impacted by pollution; (D) incorporating climate change science and modeling and indigenous knowledge into planning and restoration efforts; (E) improving water quality, healthy river flows, and groundwater recharge; (F) removing outdated infrastructure that is adversely impacting the health of waters; and (G) supporting significant protected areas and free-flowing riverine systems, including components of the National Wild and Scenic Rivers System, units of the National Park System, National Forests, units of the Wildlife Refuge System, and components of the National Wilderness Preservation System; (8) promotes an inclusive, transparent, and equitable approach to policy development, based on best available science, by— (A) proactively protecting human health and the environment from discharges of harmful pollutants, including new, emerging, and toxic contaminants; (B) basing decisions on the most credible climate projections; (C) accepting community-sourced and peer-reviewed science as a source of data for decisionmaking related to the Clean Water Act; (D) ensuring that all decisions comply with the full suite of applicable laws; (E) ensuring that States are consistent and timely in implementation of the Clean Water Act; and (F) increasing the reach and accuracy of water quality monitoring and assessment by providing funding to States, agencies, and other organizations conducting such activities; and (9) holds polluters accountable by including stronger enforcement measures, including— (A) prioritizing prosecutions of violations of the Clean Water Act that have affected Black, Indigenous, People of Color, low-wealth, and other communities that have been most harmed by pollution; (B) ensuring that Federal and State agencies carefully, clearly, and equitably apply the requirements of the Clean Water Act; (C) providing the resources needed to ensure that Federal and State agencies have the capacity to effectively implement and enforce the Clean Water Act; and (D) protecting our cleanest and most outstanding waters through classification of Outstanding National Resources Waters: Now, therefore, be it
That Congress— (1) commemorates the 50th anniversary of the enactment of the Federal Water Pollution Control Act Amendments of 1972 ( Public Law 92–500 ; 86 Stat. 816), including the amendments made by that Act (collectively commonly known and referred to in this resolution as the Clean Water Act ); (2) recognizes the historic achievements in improving water quality that have been made during the 50 years of implementation of the Clean Water Act; and (3) recognizes and seeks to address the shortcomings of the Clean Water Act in restoring and maintaining the chemical, physical, and biological integrity of the Nation's waters, including by— (A) expanding access to clean water for every community; (B) recognizing that a robust Clean Water Act is critical for the protection of human and environmental health, for the promotion of healthy and robust economies, and for maintaining a healthy quality of life; (C) increasing clean water infrastructure investments in communities throughout the Nation and targeting increased and affordable investments in communities most at risk of continued pollution; (D) addressing climate resiliency and mitigation of climate impacts on clean water infrastructure; (E) promoting an inclusive, transparent, and equitable approach to Clean Water Act policy development, based on the best available science; (F) holding polluters accountable; and (G) ensuring the protection and restoration of rivers, streams, lakes, wetlands, and natural ecosystems. | https://www.govinfo.gov/content/pkg/BILLS-117sconres46is/xml/BILLS-117sconres46is.xml |
117-sconres-47 | III 117th CONGRESS 2d Session S. CON. RES. 47 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Menendez (for himself, Mrs. Blackburn , Mr. Casey , Mr. Cassidy , Ms. Rosen , Mr. Cruz , and Mr. Cramer ) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations CONCURRENT RESOLUTION Commending the bravery, courage, and resolve of the women and men of Iran demonstrating in more than 80 cities and risking their safety to speak out against the Iranian regime's human rights abuses.
Whereas, on September 16, 2022, 22-year-old Mahsa Amini passed away in the custody of Iranian morality police following a 3-day coma due to wounds, including bone fracture, hemorrhage, and cerebral edema consistent with severe beating, inflicted by the police for purportedly wearing a hijab improperly; Whereas, on September 17, Iranians gathered in the streets of Tehran to protest the killing of Mahsa Amini; Whereas demonstrations have since spread to more than 80 cities and 20 universities in Iran, where women are removing or burning hijabs, cutting their hair, and dancing in front of Iranian security forces, joined by their fellow Iranian citizens; Whereas Iranian security forces have responded to such demonstrations with violence and detentions, including detentions of journalists and activists for covering the protests; Whereas the security forces have killed a reported 76 protestors, including at least 4 children; however, the number of injuries and deaths is likely higher but unobtainable due to internet blackouts; Whereas at least 1,200 Iranians have been arrested across Iran according to official sources, and many thousands more have been detained according to independent reports; Whereas videos, images, and demonstrations have spread to social media platforms and are an important way for the voices of the Iranian people to be heard; Whereas internet monitoring groups have reported that the Iranian regime has— (1) caused near-total disruption of internet connectivity in parts of Iran and partial disruptions in city centers; and (2) blocked WhatsApp, Twitter, Telegram, Facebook, Instagram, and video games with chat functions; Whereas common protest chants include— (1) Women, life, and freedom! ; (2) Iranians die but will not be suppressed! ; and (3) Death to the dictator Ayatollah Ali Khamenei! ; Whereas the Iranian regime has a long history of structural and legal discrimination against women, including barriers for women seeking justice against domestic violence and criminal prohibitions against women singing or showing hair in public and studying certain technical subjects; Whereas the Iranian regime approved of depriving one social right or more for any woman who posts an unveiled picture of herself on social media, and, in August 2022, approved of enforcing mandatory hijab laws through facial recognition; Whereas, through misogynistic criminal statutes, the Iranian regime for decades has detained and engaged in the ongoing persecution of women, including— (1) Saba Kord Afshari, who was sentenced to 15 years in prison for posting videos to social media without a hijab and transferred into Ward 6 of the notorious Qarchak Women's Prison, identified by the Secretary of the Treasury for gross violations of human rights; (2) Raheleh Ahmadi, mother of Afshari, who was sentenced to 2 years in prison for advocacy on behalf of Afshari; (3) Yasaman Aryani, her mother Monireh Arabshahi, and Mojgan Keshavarz, who were sentenced to between 16 and 23 years in prison for posting a video for International Women’s Day in 2019, during which they walked without headscarves through a metro train in Tehran, handing flowers to female passengers; (4) human rights attorney Nasrin Sotoudeh, who was sentenced in 2019 to 38 years in prison and 148 lashes for providing legal defense services to women charged with not wearing a hijab; (5) Narges Mohammadi, a prominent rights advocate, who— (A) was arrested in November 2019 on the second anniversary of countrywide protests and is currently serving a 2-year sentence in prison; and (B) previously, had been sentenced to 10 years in prison in May 2015 for establishing an illegal group , assembly and collusion to act against national security , and propaganda against the state ; (6) former Vice President for Women and Family Affairs Shahindokht Molaverdi, who was charged with encouraging corruption, prostitution, and sexual deviance , a common charge against women refusing mandatory hijab laws, and sentenced in December 2020 to 30 months in prison for defending the right of women to attend sporting events and criticizing the practice of child marriage; (7) six women who were sentenced by the Culture and Media Court of Tehran in July 2022 to each serve 1 year in prison for the offense of singing songs in public; (8) Niloufar Hamedi, one of the first Iranian journalists to report on Mahsa Amini’s death, who was arrested on September 22, 2022, and is being held in solitary confinement; and (9) countless other women; and Whereas peaceful protests in Iran over the last year have focused on grievances that include— (1) mismanagement of the economy and national resources; (2) prioritization of funding for terror groups and pariah regimes over social services for the people of Iran; and (3) widespread political corruption: Now, therefore, be it
That Congress— (1) commends the bravery, courage, and resolve of the women and men of Iran who are— (A) participating in the current protests to defend their fundamental human rights; and (B) risking their safety to speak out against the human rights abuses committed by the Iranian regime; (2) condemns— (A) the brutal beating and death of Mahsa Amini; and (B) the violent suppression by the Iranian regime of women and men participating in the current demonstrations, including children, and calls for transparent accountability for all killings of protesters by Iranian security forces; (3) supports internet freedom programs that circumvent the regime, including the Open Technology Fund, which provides support for VPNs and other alternatives that can be used to bypass attempts by authoritarian governments to censor internet access during times of protest, and commends private entities willing to provide programs to circumvent such censorship; (4) encourages continued efforts by the Biden Administration to respond to the protests, including the recent sanctioning of the Iranian morality police, and further encourages the Biden Administration— (A) to immediately impose, under existing authorities, additional human rights sanctions on officials and entities responsible for the repression of the current protests; (B) to prioritize efforts to expand unrestricted internet access in Iran, consistent with existing law; and (C) to work to develop a strategy to prevent the Iranian regime from obtaining and exploiting facial recognition data and software for the use of mass surveillance and enforcement of mandatory hijab; (5) encourages the private sector, following the recent clarification by the Biden Administration of sanctions exemptions on communications technology, to work with the Biden Administration to ensure protestors and activists have access to tools needed to circumvent government surveillance and repression; and (6) welcomes the efforts of the international community to support protestors in Iran, and calls on the international community— (A) to publicly condemn violence by the Iranian regime against peaceful protesters; (B) to speak out against violations by the regime of fundamental human rights, including the freedom of expression, assembly, and redress of grievances of the Iranian people; and (C) impose human rights sanctions on officials and entities that are responsible for the repression of current protests and involved in violating the human rights of the Iranian people. | https://www.govinfo.gov/content/pkg/BILLS-117sconres47is/xml/BILLS-117sconres47is.xml |
117-sconres-48 | III 117th CONGRESS 2d Session S. CON. RES. 48 IN THE SENATE OF THE UNITED STATES September 29, 2022 Mr. Warnock submitted the following concurrent resolution; which was referred to the Committee on Health, Education, Labor, and Pensions CONCURRENT RESOLUTION Recognizing the significance of equal pay and the disparity in wages paid to men as compared to wages paid to Black women.
Whereas September 21, 2022, is Black Women’s Equal Pay Day, which marks the number of days into 2022 that Black women must work in order to earn the same amount, since January 1, 2021, that White, non-Hispanic men were paid in 2021; Whereas section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ) prohibits discrimination in compensation for equal work on the basis of sex; Whereas title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) prohibits discrimination in compensation because of race, color, religion, national origin, or sex; Whereas despite the passage of the Equal Pay Act of 1963 ( Public Law 88–38 ; 77 Stat. 56) 5 decades ago, which requires that men and women in the same workplace be given equal pay for equal work, data from the Bureau of the Census shows that Black women working full-time, year-round, are paid 58 cents for every dollar paid to White, non-Hispanic men; Whereas if the current trends continue, on average, Black women will have to wait 100 years to achieve equal pay; Whereas the median annual pay for a Black woman in the United States working full-time, year-round, is $41,098, which means that, on average, Black women lose nearly $964,400 in potential earnings to the wage gap during the course of a 40-year career; Whereas lost wages mean Black women have less money to support themselves and their families, save and invest for the future, and spend on goods and services, causing businesses and the economy to suffer as a result; Whereas the median earnings of Black women are less than the median earnings of men at every level of academic achievement; Whereas, in the United States, more than 80 percent of Black mothers are key breadwinners or co-breadwinners for their families, but Black mothers working full time are paid only 52 percent as much as fathers; Whereas the lack of access to affordable, quality childcare, paid family and medical leave, paid sick leave, and other family-friendly workplace policies contributes to the wage gap by forcing many Black women to choose between their paycheck or job and getting quality care for themselves or their family members; Whereas if the wage gap were eliminated, on average, a Black woman working full time would have enough money for approximately 2.5 additional years of tuition and fees for a 4-year public university, the full cost of tuition and fees for a 2-year community college, more than 16 additional months of premiums for employer-based health insurance, 153 weeks of food for her family, 15 additional months of mortgage and utilities payments, 22 more months of rent, nearly 20 additional years of birth control, or enough money to pay off student loan debt in just over 1 year; Whereas 25 to 85 percent of women have been sexually harassed at the workplace, and research has found that only about 1 in 10 women who experience harassment, formally report incidents for reasons including lack of access to the complaints processes and fear of retaliation; Whereas workplace harassment forces many women to leave their occupation or industry; Whereas targets of harassment were 6.5 times as likely as nontargets to change jobs or pass up opportunities for advancement, contributing to the gender wage gap; Whereas Black women were the most likely of all racial and ethnic groups to have filed a sexual harassment charge; Whereas nearly 2/3 of workers paid the minimum wage or less are women, and there is an overrepresentation of women of color in low-wage and tipped occupations; Whereas more than 62 percent of women working in the private sector reported that they were either discouraged or prohibited from discussing wage and salary information, which can hide pay discrimination and prevent remedies; Whereas the pay disparity Black women face is part of a wider set of disparities Black women encounter in home ownership, unemployment, poverty, access to childcare, and the ability to accumulate wealth; Whereas the gender wage gap for Black women has only narrowed by 3 cents in the last 3 decades; Whereas true pay equity requires a multifaceted strategy that addresses the gendered and racial injustices that Black women face daily; Whereas the pandemic has disproportionately economically impacted Black women; and Whereas many national organizations have designated September 21, 2022, as Black Women’s Equal Pay Day to represent the additional time that Black women must work to compensate for the lower wages paid to Black women last year: Now, therefore, be it
That Congress— (1) recognizes the disparity in wages paid to Black women and its impact on women, families, and the United States; and (2) reaffirms its support for ensuring equal pay for equal work and narrowing the gender wage gap. | https://www.govinfo.gov/content/pkg/BILLS-117sconres48is/xml/BILLS-117sconres48is.xml |
117-sconres-49 | III 117th CONGRESS 2d Session S. CON. RES. 49 IN THE SENATE OF THE UNITED STATES November 17, 2022 Mr. Daines (for himself, Mr. Lankford , Mr. Marshall , Mr. Scott of Florida , Mr. Inhofe , Mr. Rubio , Mr. Braun , Mr. Hagerty , Mr. Wicker , Mr. Hawley , and Mrs. Blackburn ) submitted the following concurrent resolution; which was referred to the Committee on Foreign Relations CONCURRENT RESOLUTION Expressing support for the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family and urging that the United States be added as a signatory.
Whereas the United States strongly supports women reaching the highest attainable outcomes for health, life, dignity, and well-being throughout their lives; Whereas the historic coalition that issued the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family (in this preamble referred to as the Geneva Consensus Declaration ) was formed by a diverse group of countries committed to charting a more positive path to advance the health of women, protect the family as foundational to any healthy society, affirm the value of life in all stages of development, and uphold the sovereign right of countries to make their own laws to advance those core values, without external pressure; Whereas the Geneva Consensus Declaration was signed on October 22, 2020, by 35 countries from every region of the world, representing more than 1,600,000,000 people, which committed to working together on the core pillars enshrined in the Declaration, and 3 countries have subsequently signed; Whereas, although President Joseph R. Biden removed the United States as a signatory to the Geneva Consensus Declaration, at least temporarily, 36 countries remain signatories, and longstanding Federal laws that prohibit the United States from conducting or funding abortions, abortion lobbying, or coercive family planning in foreign countries remain in effect; Whereas the Geneva Consensus Declaration reaffirms that all are equal before the law and human rights of women are an inalienable, integral, and indivisible part of all human rights and fundamental freedoms ; Whereas the Geneva Consensus Declaration reaffirms the inherent dignity and worth of the human person and that every human being has the inherent right to life ; Whereas the Geneva Consensus Declaration reaffirms that there is no international right to abortion, nor any international obligation on the part of States to finance or facilitate abortion ; Whereas the Geneva Consensus Declaration reaffirms that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State ; and Whereas the Geneva Consensus Declaration coalition strengthens the collective voice of the signatory countries to prevent any country from being intimidated, isolated, or muted on the core values expressed in the Declaration: Now, therefore, be it
That Congress— (1) affirms the commitments to protect life and the family made in the Geneva Consensus Declaration on Promoting Women’s Health and Strengthening the Family (in this resolution referred to as the Geneva Consensus Declaration ) and applauds the signatory countries for their dedication to advancing women’s health, protecting life at every stage while affirming that there is no international right to abortion, and upholding the importance of the family as foundational to society; (2) declares that the principles affirming life and the family recognized by the Geneva Consensus Declaration remain universally valid; (3) welcomes opportunities to strengthen support for the Geneva Consensus Declaration; (4) will defend the sovereignty of every country to adopt national policies that promote women's health, protect the right to life, and strengthen the family, as enshrined in the Geneva Consensus Declaration; (5) will conduct oversight of the United States executive branch to ensure that the United States does not conduct or fund abortions, abortion lobbying, or coercive family planning in foreign countries, consistent with longstanding Federal law; (6) urges the signatory countries to the Geneva Consensus Declaration to defend the universal principles affirming life and the family expressed in the Declaration; and (7) calls on President Joseph R. Biden to once again add the United States as a signatory to the Geneva Consensus Declaration. | https://www.govinfo.gov/content/pkg/BILLS-117sconres49is/xml/BILLS-117sconres49is.xml |
117-sconres-50 | III 117th CONGRESS 2d Session S. CON. RES. 50 IN THE SENATE OF THE UNITED STATES December 8, 2022 Ms. Cortez Masto (for herself, Mr. Luján , Mr. Menendez , Mr. Padilla , Mr. Blumenthal , Mr. Booker , Mr. Brown , Ms. Duckworth , Mr. Durbin , Mrs. Feinstein , Mr. Heinrich , Mr. Hickenlooper , Mr. Kaine , Mr. Kelly , Ms. Klobuchar , Mr. Markey , Mr. Merkley , Mrs. Murray , Ms. Rosen , Mr. Sanders , Mr. Van Hollen , Ms. Warren , and Mr. Bennet ) submitted the following concurrent resolution; which was referred to the Committee on Health, Education, Labor, and Pensions CONCURRENT RESOLUTION Recognizing the significance of equal pay and the disparity in wages paid to men as compared to wages paid to Latina women.
Whereas December 8, 2022, is Latina Equal Pay Day, the observance of which marks the fact that Latina women must work nearly an additional 11 months, on average, to be paid what White, non-Hispanic men were paid in 2021; Whereas Latina women now make up the second largest group of women workers in the United States, after White women; Whereas there are 12,800,000 Hispanic women in the labor force in the United States, representing slightly more than 17 percent of all women in that labor force today; Whereas the labor force participation rate of Latina women in 2021 was higher than that of their White counterparts, which reflects that a growing share of Latina women are either working or actively looking for work; Whereas section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ) (referred to in this preamble as section 6(d) ) prohibits discrimination in compensation for equal work on the basis of sex; Whereas title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) prohibits discrimination in compensation because of race, color, religion, national origin, or sex; Whereas, despite section 6(d), which was first enacted as part of the Equal Pay Act of 1963 ( Public Law 88–38 ; 77 Stat. 56) more than 5 decades ago and requires that men and women in the same workplace be given equal pay for equal work, data from the Bureau of the Census shows that Latina women working full-time, year-round are typically paid 57 cents for each dollar paid to White, non-Hispanic men, while the average wage differential for Latina women working full-time, part-time, and part-year is 54 cents for each dollar paid to White, non-Hispanic men; Whereas a study conducted in 2019 found that, on average, a Latina woman loses more than $1,000,000 dollars in potential earnings over her lifetime to the wage gap; Whereas the American Community Survey 2016–2020 reported that— (1) the median annual pay for a Latina woman in the United States working full-time, year-round was $33,000; and (2) the median annual pay for all Latina women with reported earnings working full-time, part-time, or part-year was $25,312, placing a working mother with 2 children near poverty; Whereas job loss during the COVID–19 pandemic distorted measurements of average wages, as women with lower earnings in sectors such as leisure, hospitality, and retail were more likely to experience job loss and leave the labor force; Whereas the unemployment rate of Latina women peaked at 20.1 percent in April 2020, and the civilian labor force participation rate of Latina women fell from a high of 59.2 percent in October 2019 to 57 percent in September 2020; Whereas lost wages mean that Latina women have less money to support themselves and their families, save and invest for the future, and spend on goods and services; Whereas 51 percent of Latina women are unable to earn sick days through their jobs; Whereas more than 1/2 of low wage earners who are Latina women report that they spent most or all of their savings during the COVID–19 pandemic and 32 percent have no money left for emergencies, compared to 13 percent of White men who report that they have no money left for emergencies; Whereas the lack of affordable, accessible childcare during the COVID–19 pandemic led to 14 percent of Latina women, and 32 percent of immigrant Latina women, to quit their jobs or reduce their number of work hours to care for their children. Whereas the underpayment of workers who are Latina women causes businesses and the economy of the United States to suffer; Whereas the lack of access to affordable, quality childcare, paid family and medical leave, and other family-friendly workplace policies forces many Latina women to choose between their paycheck or job and getting quality care for themselves or their family members, a dynamic that contributes to the wage gap and has been further exacerbated by the COVID–19 pandemic, especially as Latina women disproportionately work in essential jobs that put them at greater risk of exposure to COVID–19; Whereas, if the wage gap were eliminated, on average, a Latina woman working full-time, year-round would have enough money to afford approximately 3 years of childcare, to pay off her student debt in 1 year, or to pay off 19 months of the average mortgage payment; Whereas 25 to 85 percent of women have been sexually harassed at the workplace, and research has found that only about 1 in 10 women who experience harassment formally report those incidents for reasons that include lack of access to the complaints processes and fear of retaliation; Whereas workplace harassment forces many women to leave their occupation or industry or pass up opportunities for advancement, which contributes to the gender wage gap; Whereas targets of workplace harassment were 6.5 times more likely than non-targets to change jobs; Whereas there is a high personal cost to women who have been sexually harassed, including unemployment, underemployment, and financial stress resulting from changing jobs, which leads to long-term consequences for earnings and career attainment; Whereas 2/3 of workers paid the minimum wage or less than the minimum wage in 2020 were women, and there is an overrepresentation of women of color in low wage and tipped occupations; Whereas the pay disparity that Latina women face is part of a wider set of disparities that Latina women encounter in homeownership, unemployment, poverty, access to childcare, and the ability to accumulate wealth; Whereas true pay equity requires a multifaceted strategy that addresses the gendered and racial injustices that Latina women face daily; and Whereas many national organizations have designated December 8, 2022, as Latina Equal Pay Day to represent the additional time that Latina women have had to work into this calendar year to receive the earnings of their White, non-Hispanic counterparts in the prior year: Now, therefore, be it
That Congress— (1) recognizes the disparity in wages paid to Latina women and its impact on women, families, and the economy of the United States; and (2) reaffirms its support for ensuring equal pay for equal work and closing the gender wage gap. | https://www.govinfo.gov/content/pkg/BILLS-117sconres50is/xml/BILLS-117sconres50is.xml |
117-sconres-51 | One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. CON. RES. 51 IN THE SENATE OF THE UNITED STATES December 23, 2022 Agreed to CONCURRENT RESOLUTION Providing for a correction in the enrollment of H.R. 2617.
That, in the enrollment of H.R. 2617, the Clerk of the House of Representatives shall make the following corrections: (1) Amend the title so as to read: Making consolidated appropriations for the fiscal year ending September 30, 2023, and for providing emergency assistance for the situation in Ukraine, and for other purposes. . (2) Strike the first section 1 immediately following the enacting clause and all that follows through the end of the first section 2, up to and including under subsection (b)(5) for that agency . (3) In title IV of division O, strike section 403. (4) Strike the final section 3 and all that follows through the end.
Secretary of the Senate Clerk of the House of Representatives | https://www.govinfo.gov/content/pkg/BILLS-117sconres51enr/xml/BILLS-117sconres51enr.xml |
117-sconres-52 | One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. CON. RES. 52 IN THE SENATE OF THE UNITED STATES December 23, 2022 Agreed to CONCURRENT RESOLUTION Providing for a correction in the enrollment of H.R. 4373.
That, in the enrollment of H.R. 4373, the Clerk of the House of Representatives shall amend the title so as to read: Making further continuing appropriations for the fiscal year ending September 30, 2023, and for other purposes. .
Secretary of the Senate Clerk of the House of Representatives | https://www.govinfo.gov/content/pkg/BILLS-117sconres52enr/xml/BILLS-117sconres52enr.xml |
117-sjres-1 | IIA 117th CONGRESS 1st Session S. J. RES. 1 IN THE SENATE OF THE UNITED STATES January 22, 2021 Mr. Cardin (for himself and Ms. Murkowski ) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary JOINT RESOLUTION Removing the deadline for the ratification of the equal rights amendment.
That notwithstanding any time limit contained in House Joint Resolution 208, 92nd Congress, as agreed to in the Senate on March 22, 1972, the article of amendment proposed to the States in that joint resolution shall be valid to all intents and purposes as part of the Constitution whenever ratified by the legislatures of three-fourths of the several States. | https://www.govinfo.gov/content/pkg/BILLS-117sjres1is/xml/BILLS-117sjres1is.xml |
117-sjres-2 | IIA 117th CONGRESS 1st Session S. J. RES. 2 IN THE SENATE OF THE UNITED STATES January 22, 2021 Mr. Scott of Florida introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary JOINT RESOLUTION Proposing amendments to the Constitution of the United States relative to the line item veto, a limitation on the number of terms that a Member of Congress may serve, and requiring a vote of two-thirds of the membership of both Houses of Congress on any legislation raising or imposing new taxes or fees.
That the following articles are proposed as amendments to the Constitution of the United States, all or any of which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission by the Congress: — 1. The President may reduce or disapprove any appropriation in any bill or joint resolution that is presented to the President under section 7 of Article I. 2. Any bill or joint resolution that the President approves and signs, after being amended under section 1, shall become law as so modified. 3. If the President reduces or disapproves an appropriation in a bill or joint resolution under section 1, not later than 10 days after the date on which the bill or joint resolution is presented to the President under section 7 of Article I, the President shall return to the House from which the bill or joint resolution originated— (a) the portion of the bill or joint resolution containing the reduced or disapproved appropriation; and (b) a statement of each objection of the President to the appropriation. 4. Congress may separately consider any appropriation that is reduced or disapproved under section 1 in the manner prescribed under section 7 of Article I for bills disapproved by the President. — 1. No person who has served 6 terms as a Representative shall be eligible for election to the House of Representatives. For purposes of this section, the election of a person to fill a vacancy in the House of Representatives shall be included as 1 term in determining the number of terms that such person has served as a Representative if the person fills the vacancy for more than 1 year. 2. No person who has served 2 terms as a Senator shall be eligible for election or appointment to the Senate. For purposes of this section, the election or appointment of a person to fill a vacancy in the Senate shall be included as 1 term in determining the number of terms that such person has served as a Senator if the person fills the vacancy for more than 3 years. 3. No term beginning before the date of the ratification of this article shall be taken into account in determining eligibility for election or appointment under this article. — 1. Legislation imposing or authorizing a new tax or fee may only be agreed to by a House of Congress if such legislation contains no other subject and is agreed to upon an affirmative vote of not less than two-thirds of the Members of such House of Congress, duly chosen and sworn. 2. Legislation raising any tax or fee, including any increase in a rate of tax or fee imposed on a percentage basis, any increase in an amount of a tax or fee imposed on a flat or fixed basis, or any decrease in or elimination of an exemption, waiver, credit, or deduction with respect to a tax or fee, may only be agreed to by a House of Congress if such legislation contains no other subject and is agreed to upon an affirmative vote of not less than two-thirds of the Members of such House of Congress, duly chosen and sworn. . | https://www.govinfo.gov/content/pkg/BILLS-117sjres2is/xml/BILLS-117sjres2is.xml |
117-sjres-3 | IIA 117th CONGRESS 1st Session S. J. RES. 3 IN THE SENATE OF THE UNITED STATES January 22, 2021 Mr. Cruz (for himself, Mr. Braun , Mr. Toomey , Mr. Young , Mr. Rubio , and Mr. Scott of Florida ) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States relative to limiting the number of terms that a Member of Congress may serve.
That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission by the Congress: — 1. No person who has served 3 terms as a Representative shall be eligible for election to the House of Representatives. For purposes of this section, the election of a person to fill a vacancy in the House of Representatives shall be included as 1 term in determining the number of terms that such person has served as a Representative if the person fills the vacancy for more than 1 year. 2. No person who has served 2 terms as a Senator shall be eligible for election or appointment to the Senate. For purposes of this section, the election or appointment of a person to fill a vacancy in the Senate shall be included as 1 term in determining the number of terms that such person has served as a Senator if the person fills the vacancy for more than 3 years. 3. No term beginning before the date of the ratification of this article shall be taken into account in determining eligibility for election or appointment under this article. . | https://www.govinfo.gov/content/pkg/BILLS-117sjres3is/xml/BILLS-117sjres3is.xml |
117-sjres-4 | IIA 117th CONGRESS 1st Session S. J. RES. 4 IN THE SENATE OF THE UNITED STATES January 22, 2021 Mr. Rubio (for himself, Mr. Cramer , Mrs. Blackburn , Mr. Young , Mr. Romney , Mr. Crapo , Mr. Toomey , Mrs. Capito , Mr. Tillis , Mr. Portman , Mr. Cornyn , and Mr. Braun ) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of not more than 9 justices.
Now, therefore, be it
That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission by the Congress: — 1. The Supreme Court of the United States shall be composed of not more than 9 justices. 2. The Congress shall have the power to enforce this article by appropriate legislation. . | https://www.govinfo.gov/content/pkg/BILLS-117sjres4is/xml/BILLS-117sjres4is.xml |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.