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118HR1619 | To amend the Richard B. Russell National School Lunch Act to require schools to provide fluid milk substitutes upon request of a student or the parent or guardian of such student, and for other purposes. | [
[
"C001125",
"Rep. Carter, Troy [D-LA-2]",
"sponsor"
],
[
"M000194",
"Rep. Mace, Nancy [R-SC-1]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1619 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1619
To amend the Richard B. Russell National School Lunch Act to require
schools to provide fluid milk substitutes upon request of a student or
the parent or guardian of such student, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Carter of Louisiana (for himself and Ms. Mace) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
A BILL
To amend the Richard B. Russell National School Lunch Act to require
schools to provide fluid milk substitutes upon request of a student or
the parent or guardian of such student, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FLUID MILK SUBSTITUTES.
Section 9(a)(2)(B) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(a)(2)(B)) is amended--
(1) in clause (i)--
(A) by striking ``may'' and inserting ``shall'';
(B) by striking ``and meets'' and inserting ``as
determined by the most recent Dietary Guidelines for
Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990
(7 U.S.C. 5341) or that meets''; and
(C) by striking ``for students who cannot consume
fluid milk because of a medical or other special
dietary need other than a disability described in
subparagraph (A)(iii)'';
(2) in clause (ii)--
(A) by striking ``may'' and inserting ``shall'';
(B) by striking ``the school notifies the State
agency'' and all that follows through ``if the
substitution is'';
(C) by striking ``by written statement of a medical
authority or'';
(D) by inserting ``student or a'' after ``by a'';
and
(E) by striking ``that identifies the medical or
other special dietary need that restricts the student's
diet''; and
(3) by striking clause (iii).
<all>
</pre></body></html>
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118HR162 | National Digital Reserve Corps Act | [
[
"G000594",
"Rep. Gonzales, Tony [R-TX-23]",
"sponsor"
],
[
"K000385",
"Rep. Kelly, Robin L. [D-IL-2]",
"cosponsor"
]
] | <p><strong>National Digital Reserve Corps Act</strong></p> <p>This bill establishes a National Digital Reserve Corps in the General Services Administration (GSA) to address the digital and cybersecurity needs of executive agencies.</p> <p>The GSA must establish standards for reservist eligibility and must ensure reservists have the necessary resources and security credentials for service. Reservists must agree to serve for three years and for at least 30 days per year as an active reservist, with up to $10,000 in annual compensation; reservists who fail to accept an offered appointment or complete required duties are subject to fines. The GSA may cover the costs of continuing education for reservists to support their service.</p> <p>The Department of Labor must issue regulations that ensure the reemployment, continuation of benefits, and nondiscrimination in reemployment of active reservists.</p> <p>In August 2021, President Joe Biden established the U.S. Digital Corps within the GSA to support the technological needs of executive agencies, including cybersecurity needs. The corps offers entry-level positions through two-year fellowships, with the option to convert to full-time career positions after completion of the fellowship. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 162 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 162
To amend title 5, United States Code, to establish a National Digital
Reserve Corps to help address the digital and cybersecurity needs of
Executive agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Tony Gonzales of Texas (for himself and Ms. Kelly of Illinois)
introduced the following bill; which was referred to the Committee on
Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to establish a National Digital
Reserve Corps to help address the digital and cybersecurity needs of
Executive agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Digital Reserve Corps
Act''.
SEC. 2. NATIONAL DIGITAL RESERVE CORPS.
(a) In General.--Subpart I of part III of title 5, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 104--NATIONAL DIGITAL RESERVE CORPS
``Sec. 10401. Definitions.
``Sec. 10402. Establishment.
``Sec. 10403. Organization.
``Sec. 10404. Assignments.
``Sec. 10405. Reservist continuing education.
``Sec. 10406. Congressional reports.
``SEC. 10401. DEFINITIONS.
``In this chapter:
``(1) Active reservist.--The term `active reservist' means
a reservist holding a position to which such reservist has been
appointed under section 10403(c)(2).
``(2) Administrator.--The term `Administrator' means the
Administrator of the General Services Administration.
``(3) Program.--The term `Program' means the program
established under section 10402(a).
``(4) Reservist.--The term `reservist' means an individual
who is a member of the National Digital Reserve Corps.
``SEC. 10402. ESTABLISHMENT.
``(a) Establishment.--There is established in the General Services
Administration a program to establish, manage, and assign a reserve of
individuals with relevant skills and credentials, to be know as the
`National Digital Reserve Corps', to help address the digital and
cybersecurity needs of Executive agencies.
``(b) Implementation.--
``(1) Guidance.--Not later than six months after the date
of the enactment of this section, the Administrator shall issue
guidance for the National Digital Reserve Corps, which shall
include procedures for coordinating with Executive agencies
to--
``(A) identify digital and cybersecurity needs
which may be addressed by the National Digital Reserve
Corps; and
``(B) assign active reservists to address such
needs.
``(2) Recruitment and initial assignments.--Not later than
one year after the date of the enactment of this section, the
Administrator shall begin recruiting reservists and assigning
active reservists under the Program.
``SEC. 10403. ORGANIZATION.
``(a) Administration.--
``(1) In general.--The National Digital Reserve Corps shall
be administered by the Administrator.
``(2) Responsibilities.--In carrying out the Program, the
Administrator shall--
``(A) establish standards for serving as a
reservist, including educational attainment,
professional qualifications, and background checks;
``(B) ensure the standards established under
subparagraph (A) are met;
``(C) recruit individuals to the National Digital
Reserve Corps;
``(D) activate and deactivate reservists as
necessary;
``(E) coordinate with Executive agencies to--
``(i) determine the digital and
cybersecurity needs which reservists shall be
assigned to address;
``(ii) ensure reservists have access,
resources, and equipment required to address
digital and cybersecurity needs which such
reservists are assigned to address; and
``(iii) analyze potential assignments for
reservists to determine outcomes, develop
anticipated assignment timelines, and identify
Executive agency partners;
``(F) ensure reservists acquire and maintain
appropriate security clearances; and
``(G) determine what additional resources, if any,
are required to successfully implement the Program.
``(b) National Digital Reserve Corps Participation.--
``(1) Service obligation agreement.--
``(A) In general.--An individual may become a
reservist only if such individual enters into a written
agreement with the Administrator to become a reservist.
``(B) Contents.--The agreement under subparagraph
(A) shall--
``(i) require the individual seeking to
become a reservist to serve as a reservist for
a three-year period, during which such
individual shall serve not less then 30 days
per year as an active reservist; and
``(ii) set forth all other the rights and
obligations of the individual and the General
Services Administration.
``(2) Compensation.--The Administrator shall determine the
appropriate compensation for service as a reservists, except
that the annual pay for such service shall not exceed $10,000.
``(3) Employment protections.--The Secretary of Labor shall
prescribe such regulations as necessary to ensure the
reemployment, continuation of benefits, and non-discrimination
in reemployment of active reservists, provided that such
regulations shall include, at a minimum, those rights and
obligations set forth under chapter 43 of title 38.
``(4) Penalties.--
``(A) In general.--A reservist that fails to accept
an appointment under subsection (c)(2) or fails to
carry out the duties assigned to reservist under such
an appointment shall, after notice and an opportunity
to be heard--
``(i) cease to be a reservist; and
``(ii) be fined an amount equal to the sum
of--
``(I) an amount equal to the
amounts, if any, paid under section
10405 with respect to such reservist,
and
``(II) the difference between the
amount of compensation such reservist
would have received if the reservist
completed the entire term of service as
a reservist agreed to in the agreement
described in paragraph (1) and the
amount of compensation such reservist
has received under such agreement.
``(B) Exception.--Subparagraph (A) shall not apply
with respect to a failure of a reservist to accept an
appointment under subsection (c)(2) or to carry out the
duties assigned to the reservist under such an
appointment if--
``(i) the failure was due to the death or
disability of such reservist; or
``(ii) the Administrator determines that
subparagraph (A) should not apply with respect
to the failure.
``(c) Hiring Authority.--
``(1) Corps leadership.--The Administrator may appoint,
without regard to the provisions of subchapter I of chapter 33
(other than sections 3303 and 3328) of this title, qualified
candidates to positions in the competitive service in the
General Service Administration for which the primary duties are
related to the management or administration of the National
Digital Reserve Corps, as determined by the Administrator.
``(2) Corps reservists.--
``(A) In general.--The Administrator may appoint,
without regard to the provisions of subchapter I of
chapter 33 (other than sections 3303 and 3328),
qualified reservists to temporary positions in the
competitive service for the purpose of assigning such
reservists under section 10404 and to otherwise carry
out the National Digital Reserve Corps.
``(B) Appointment limits.--
``(i) In general.--The Administrator may
not appoint an individual under this paragraph
if, during the 365-day period ending on the
date of such appointment, such individual has
been an officer or employee of the executive or
legislative branch of the United States
Government, of any independent agency of the
United States, or of the District of Columbia
for not less than 130 days.
``(ii) Automatic appointment termination.--
The appointment of an individual under this
paragraph shall terminate upon such individual
being employed as an officer or employee of the
executive or legislative branch of the United
States Government, of any independent agency of
the United States, or of the District of
Columbia for 130 days during the previous 365
days.
``(C) Employee status.--An individual appointed
under this paragraph shall be considered a special
Government employee (as such term is defined in section
202(a) of title 18).
``(D) Additional employees.--Individuals appointed
under this paragraph shall be in addition to any
employees of the General Services Administration whose
duties relate to the digital or cybersecurity needs of
the General Services Administration.
``SEC. 10404. ASSIGNMENTS.
``(a) In General.--The Administrator may assign active reservists
to address the digital and cybersecurity needs of Executive agencies,
including cybersecurity services, digital education and training, data
triage, acquisition assistance, guidance on digital projects,
development of technical solutions, and bridging public needs and
private sector capabilities.
``(b) Assignment-Specific Access, Resources, Supplies, or
Equipment.--The head of an Executive agency shall, to the extent
practicable, provide each active reservist assigned to address a
digital or cybersecurity need of such Executive agency under subsection
(a) with any specialized access, resources, supplies, or equipment
required to address such digital or cybersecurity need.
``(c) Duration.--An assignment of an individual under subsection
(a) shall terminate on the earlier of--
``(1) the date determined by the Administrator;
``(2) the date on which the Administrator receives
notification of the decision of the head of the Executive
agency, the digital or cybersecurity needs of which such
individual is assigned to address under subsection (a), that
such assignment should terminate; or
``(3) the date on which the assigned individual ceases to
be an active reservist.
``SEC. 10405. RESERVIST CONTINUING EDUCATION.
``(a) In General.--Subject to the availability of appropriations,
the Administrator may pay for reservists to acquire training and
receive continuing education, including attending conferences and
seminars and obtaining certifications, that will enable reservists to
more effectively meet the digital and cybersecurity needs of Executive
agencies.
``(b) Application.--The Administrator shall establish a process for
reservists to apply for the payment of reasonable expenses related to
the training or continuing education described in subsection (a).
``(c) Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter, the Administrator
shall submit to Congress a report on the expenditures under this
subsection.
``SEC. 10406. CONGRESSIONAL REPORTS.
``Not later than two years after the date of the enactment of this
section, and annually thereafter, the Administrator shall submit to
Congress a report on the Program, including--
``(1) the number of reservists;
``(2) a list of Executive agencies that have submitted
requests for support from the National Digital Reserve Corps;
``(3) the nature and status of such requests; and
``(4) with respect to each such request to which active
reservists have been assigned and for which work by the
National Digital Reserve Corps has concluded, an evaluation of
such work and the results of such work by--
``(A) the Executive agency that submitted the
request; and
``(B) the reservists assigned to such request.''.
(b) Clerical Amendment.--The table of chapters for part III of
title 5, United States Code, is amended by inserting after the item
related to chapter 103 the following new item:
``104. National Digital Reserve Corps....................... 10401''.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $30,000,000, to remain available until fiscal year 2025,
to carry out the program established under section 10402(a) of title 5,
United States Code, as added by this Act.
<all>
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118HR1620 | MORE Savings Act | [
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] | <p><b>Maximizing Opioid Recovery Emergency Savings Act or the MORE Savings Act</b></p> <p>This bill modifies coverage of opioid treatments and recovery support services under Medicare, Medicaid, and private health insurance.</p> <p>Specifically, the bill requires the Center for Medicare and Medicaid Innovation to test a model in which specified opioid treatments and recovery support services are provided under Medicare without cost-sharing (e.g., coinsurance, copayments, and deductibles). </p> <p>The bill also allows state Medicaid programs to cover recovery support services as part of medication-assisted treatment (MAT) and increases the applicable Federal Medical Assistance Percentage for MAT.</p> <p>Additionally, beginning in 2025, private health insurers must cover specified opioid treatments and MAT-associated recovery support services without cost-sharing.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1620 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1620
To promote affordable access to evidence-based opioid treatments under
the Medicare program and require coverage of medication assisted
treatment for opioid use disorders, opioid overdose reversal
medications, and recovery support services by health plans without
cost-sharing requirements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Ms. Dean of Pennsylvania (for herself and Mr. McGarvey) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To promote affordable access to evidence-based opioid treatments under
the Medicare program and require coverage of medication assisted
treatment for opioid use disorders, opioid overdose reversal
medications, and recovery support services by health plans without
cost-sharing requirements.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maximizing Opioid Recovery Emergency
Savings Act'' or the ``MORE Savings Act''.
SEC. 2. TESTING OF ELIMINATION OF MEDICARE COST-SHARING FOR EVIDENCE-
BASED OPIOID TREATMENTS.
Section 1115A(b)(2) of the Social Security Act (42 U.S.C.
1315a(b)(2)) is amended--
(1) in subparagraph (A), in the last sentence, by inserting
``, and shall include the model described in subparagraph (D)
(which shall be implemented by not later than six months after
the date of the enactment of the Maximizing Opioid Recovery
Emergency Savings Act)'' before the period at the end; and
(2) by adding at the end the following new subparagraph:
``(D) Affordable access to evidence-based opioid
treatments.--
``(i) In general.--The model described in
this subparagraph is a model that seeks to
provide affordable access to evidence-based
opioid treatments and community-based recovery
support services by eliminating coinsurance,
copayments, and deductibles otherwise
applicable under parts B and D of title XVIII
(including as such parts are applied under part
C of such title) for the following items and
services that are otherwise covered under such
parts:
``(I) Drugs and biologicals
prescribed or furnished to treat opioid
use disorders or reverse overdose.
``(II) Behavioral health and
community support services furnished
for the treatment of opioid use
disorders, including treatment of
addiction in non-hospital residential
facilities licensed to furnish such
treatment.
``(III) Recovery support services
to maintain a healthy lifestyle
following opioid misuse treatment, such
as peer counseling and transportation.
``(ii) Selection of sites.--The CMI shall
select 15 States in which to conduct the model
under this subparagraph. A State shall meet
each of the following criteria in order to be
selected under the preceding sentence:
``(I) The State has a high
proportion of Medicare beneficiaries.
``(II) The State has a high rate of
overdose deaths due to opioids.
``(III) The State has a significant
percentage of rural areas.
``(iii) Termination and modification
provision not applicable for first five years
of the model.--The provisions of paragraph
(3)(B) shall apply to the model under this
subparagraph beginning on the date that is five
years after such model is implemented, but
shall not apply to such model prior to such
date.''.
SEC. 3. COVERAGE OF OPIOID TREATMENTS.
(a) In General.--Title XXVII of the Public Health Service Act is
amended by inserting after section 2719A (42 U.S.C. 300gg-19a) the
following:
``SEC. 2720. COVERAGE OF OPIOID TREATMENTS.
``A group health plan and a health insurance issuer offering group
or individual health insurance coverage shall, at a minimum, provide
coverage for and shall not impose any cost-sharing requirements for--
``(1) prescription drugs for the treatment of opioid use
disorders or to reverse overdose;
``(2) behavioral health services for the treatment of
opioid use disorders, including treatment of opioid use
disorders in non-hospital residential facilities licensed to
provide such treatment; or
``(3) community recovery support services that are provided
in conjunction with, where appropriate, medication-assisted
treatment for an opioid use disorder, such as peer counseling
and transportation, to support the enrollee in maintaining a
healthy lifestyle following opioid misuse treatment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to plan years beginning on or after January 1, 2025.
SEC. 4. ENHANCED FEDERAL MATCH FOR MEDICATION-ASSISTED TREATMENT AND
RECOVERY SUPPORT SERVICES UNDER MEDICAID.
(a) In General.--Section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)) is amended by adding at the end the following:
``Notwithstanding the first sentence of this subsection, during the
portion of the period described in subsection (a)(29) that begins on
the date of enactment of this sentence, the Federal medical assistance
percentage shall be 90 percent with respect to amounts expended during
such portion of such period by a State that is one of the 50 States or
the District of Columbia as medical assistance for medication-assisted
treatment (as defined in subsection (ee)(1)).''.
(b) State Option To Provide Recovery Support Services as Part of
Medication-Assisted Treatment.--Section 1905(ee)(1) of the Social
Security Act (42 U.S.C. 1396d(ee)(1)) is amended--
(1) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) at the option of a State, includes recovery
support services, such as peer counseling and
transportation, that are provided to an individual in
conjunction with the provision of such drugs and
biological products to support the individual in
maintaining a healthy lifestyle following opioid misuse
treatment.''.
<all>
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118HR1621 | COVID–19 National Memorial Act | [
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"Rep. Espaillat, Adriano [D-NY-13]",
"sponsor"
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"Rep. Torres, Ritchie [D-NY-15]",
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[
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] | <p><b>COVID-19 National Memorial Act </b></p> <p>This bill provides for the establishment of a memorial at a designated location in the Bronx, New York, to honor the lives lost and the heroes who helped the nation to recover from the COVID-19 pandemic.</p> <p>The bill also establishes the COVID-19 National Memorial Commission to (1) submit to the Department of the Interior and Congress a report containing recommendations for the planning, design, construction, and long-term management of a permanent memorial; (2) advise Interior on the boundaries of the memorial site; (3) advise Interior in the development of a management plan for the memorial site; and (4) provide significant opportunities for public participation in the planning and design of the memorial.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1621 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1621
To authorize a national memorial to commemorate those whose lives were
lost to COVID-19 and those who helped the country to recover, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Espaillat (for himself, Mr. Torres of New York, and Mr. Bowman)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To authorize a national memorial to commemorate those whose lives were
lost to COVID-19 and those who helped the country to recover, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COVID-19 National Memorial Act''.
SEC. 2. MEMORIAL.
There is established a memorial located at a designated location in
the Bronx, New York, to honor the lives lost and the heroes who helped.
SEC. 3. ADVISORY COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``COVID-19 National Memorial Commission'' (hereafter in this Act
referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 15 members,
including the Director of the National Park Service, or the Director's
designee, and 14 members appointed by the Secretary.
(c) Term.--The term of the members of the Commission shall be for
the life of the Commission.
(d) Chair.--The members of the Commission shall select the Chair of
the Commission.
(e) Vacancies.--Any vacancy in the Commission shall not affect its
powers if a quorum is present, but shall be filled in the same manner
as the original appointment.
(f) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members, but not less often than
quarterly. Notice of the Commission meetings and agendas for the
meetings shall be published in local newspapers in the vicinity of
Somerset County and in the Federal Register. Meetings of the Commission
shall be subject to section 552b of title 5, United States Code
(relating to open meetings).
(g) Quorum.--A majority of the members serving on the Commission
shall constitute a quorum for the transaction of any business.
(h) No Compensation.--Members of the Commission shall serve without
compensation, but may be reimbursed for expenses incurred in carrying
out the duties of the Commission.
(i) Duties.--The duties of the Commission shall be to--
(1) not later than 3 years after the date of the enactment
of this Act, submit to the Secretary and Congress a report
containing recommendations for the planning, design,
construction, and long-term management of a permanent memorial;
(2) advise the Secretary on the boundaries of the memorial
site;
(3) advise the Secretary in the development of a management
plan for the memorial site;
(4) consult and coordinate closely with the State of New
York, New York City, the Bronx Borough, and other interested
parties; and
(5) provide significant opportunities for public
participation in the planning and design of the memorial.
(j) Powers.--The Commission may--
(1) make such expenditures for services and materials for
the purpose of carrying out this Act as the Commission
considers advisable from funds appropriated or received as
gifts for that purpose;
(2) subject to approval by the Secretary, solicit and
accept donations of funds and gifts, personal property,
supplies, or services from individuals, foundations,
corporations, and other private or public entities to be used
in connection with the construction or other expenses of the
memorial;
(3) hold hearings, enter into contracts for personal
services and otherwise;
(4) do such other things as are necessary to carry out this
Act; and
(5) by a vote of the majority of the Commission, delegate
such of its duties as it determines appropriate to employees of
the National Park Service.
(k) Termination.--The Commission shall terminate upon dedication of
the completed memorial.
SEC. 4. DUTIES OF THE SECRETARY.
The Secretary is authorized to--
(1) provide assistance to the Commission, including advice
on collections, storage, and archives;
(2) consult and assist the Commission in providing
information, interpretation, and the conduct of oral history
interviews;
(3) provide assistance in conducting public meetings and
forums held by the Commission;
(4) provide project management assistance to the Commission
for planning, design, and construction activities;
(5) provide programming and design assistance to the
Commission for possible memorial exhibits, collections, or
activities;
(6) provide staff assistance and support to the Commission;
(7) participate in the formulation of plans for the design
of the memorial, to accept funds raised by the Commission for
construction of the memorial, and to construct the memorial;
(8) acquire from willing sellers the land or interests in
land for the memorial site by donation, purchase with donated
or appropriated funds, or exchange; and
(9) to administer the memorial as a unit of the National
Park System in accordance with this Act and with the laws
generally applicable to units of the National Park System.
<all>
</pre></body></html>
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118HR1622 | Student Loan Accountability Act | [
[
"F000465",
"Rep. Ferguson, A. Drew, IV [R-GA-3]",
"sponsor"
],
[
"G000579",
"Rep. Gallagher, Mike [R-WI-8]",
"cosponsor"
],
[
"M001205",
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"cosponsor"
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[
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[
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] | <p><strong>Student Loan Accountability Act</strong></p> <p>This bill generally prohibits the Departments of Education, Justice, or the Treasury from taking any action to cancel or forgive the outstanding balances, or portion of balances, of covered loans. <em>Covered loans</em> refer to Federal Family Education Loans, Federal Direct Loans, Federal Perkins Loans, and loans under the Health Education Assistance Loan Program.</p> <p>The prohibition does not apply to targeted federal student loan forgiveness, cancellation, or repayment programs carried out under the Higher Education Act of 1965.</p> <p>Additionally, the bill repeals the temporary tax-free treatment of discharged student loan debt. It also prohibits tax return information from being shared for the purpose of administering a student loan cancellation plan.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1622 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1622
To prohibit the mass cancellation of student loans.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Ferguson (for himself, Mr. Gallagher, Mrs. Miller of West Virginia,
Mr. Wenstrup, Mr. Kustoff, Mr. LaHood, and Mr. Smith of Nebraska)
introduced the following bill; which was referred to the Committee on
Ways and Means, and in addition to the Committees on Education and the
Workforce, and Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the mass cancellation of student loans.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Loan Accountability Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Statutory authority has not been provided to the
executive branch of the Federal Government to cancel student
loans on a mass scale.
(2) It is unfair for taxpayers who paid student loans or
did not attend college to pay for those who chose to take
student loans.
(3) Canceling student loan debt would disproportionately
assist wealthy borrowers over underprivileged borrowers.
SEC. 3. PROHIBITION ON MASS CANCELLATION OF STUDENT LOANS.
(a) Prohibition.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Education, the Secretary of the Treasury,
or the Attorney General shall not take any action to cancel or
forgive the outstanding balances, or portion of balances, of
covered loans, except as provided in paragraph (2).
(2) Exemption.--The prohibition described in paragraph (1)
shall not apply to targeted Federal student loan forgiveness,
cancellation, or repayment programs carried out under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(b) Definitions.--In this section, the term ``covered loan''
means--
(1) a loan made, insured, or guaranteed under part B, D, or
E of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.; 1087a et seq.; 1087aa et seq.) before, on, or
after the date of enactment of this Act; or
(2) a loan under the Health Education Assistance Loan
Program under title VII of the Public Health Service Act (42
U.S.C. 292 et seq.) made before, on, or after the date of
enactment of this Act.
(c) Limitation.--The Secretary of Education, the Secretary of the
Treasury, or the Attorney General may not implement, or publish in any
form, any regulation, or take any action, that modifies, alters,
amends, cancels, discharges, forgives, or defers the repayment of any
student debt not expressly permitted within statute or regulation,
regarding covered loans, except to the extent that such regulation or
action reflects the clear and unequivocal intent of Congress in
legislation.
SEC. 4. REPEAL OF CERTAIN STUDENT LOAN FORGIVENESS MODIFICATIONS.
(a) In General.--Section 108(f) of the Internal Revenue Code of
1986 is amended by striking paragraph (5).
(b) Effective Date.--The amendment made by this section shall apply
to discharges of loans after the date of the enactment of this Act.
SEC. 5. PROHIBITION OF TAX DATA SHARING.
(a) In General.--Section 6103(l)(13)(D)(ii) of the Internal Revenue
Code of 1986 is amended by adding ``or the use of return information
for the purpose of administering a student loan cancellation plan
unrelated to reasons authorized under subparagraphs (A), (B), and (C)''
after ``investigations or prosecutions''.
(b) Effective Date.--The amendment made by this section shall apply
to disclosures made after the date of the enactment of this Act.
<all>
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118HR1623 | To amend the Homeland Security Act of 2002 to exclude certain propane storage facilities from certain chemical security standards under the Department of Homeland Security, and for other purposes. | [
[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1623 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1623
To amend the Homeland Security Act of 2002 to exclude certain propane
storage facilities from certain chemical security standards under the
Department of Homeland Security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Finstad (for himself and Mr. Costa) introduced the following bill;
which was referred to the Committee on Homeland Security, and in
addition to the Committee on Energy and Commerce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to exclude certain propane
storage facilities from certain chemical security standards under the
Department of Homeland Security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXCLUSION OF CERTAIN PROPANE STORAGE FACILITIES FROM CERTAIN
CHEMICAL SECURITY STANDARDS UNDER THE DEPARTMENT OF
HOMELAND SECURITY.
(a) In General.--Title XXI of the Homeland Security Act of 2002 (6
U.S.C. 621 et seq.) is amended--
(1) in paragraph (4) of section 2101--
(A) in subparagraph (D), by striking ``or'' after
the semicolon at the end;
(B) in subparagraph (E), by inserting ``or'' after
the semicolon at the end; and
(C) by adding at the end the following new
subparagraph:
``(F) subject to section 2110, a facility that
stores propane for sale to or use by a dwelling (as
such term is defined in section 802(b) of the Fair
Housing Act (42 U.S.C. 3602(b))), sale to or use in
agricultural production (as such term is defined in
section 4279.2 of title 7, Code of Federal
Regulations), or sale to or use by small business
concerns (as such term is described under section 3 of
the Small Business Act (15 U.S.C. 632)) that are
located in rural areas (as such term is defined in
section 520 of the Housing Act of 1949 (42 U.S.C.
1490));''; and
(2) by adding at the end the following new section:
``SEC. 2110. DETERMINATION RELATING TO CERTAIN PROPANE STORAGE
FACILITIES.
``If the Secretary makes a determination that a propane storage
facility does not satisfy the requirements of an excluded facility, the
Secretary shall--
``(1) submit to Congress a report relating thereto; and
``(2) provide notification to the owner or operator of such
propane storage facility relating thereto.''.
(b) Clerical Amendments.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 2109 the following new item:
``Sec. 2110. Determination relating to certain propane storage
facilities.''.
<all>
</pre></body></html>
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] | <p><b>Puppy Protection Act of 2023</b></p> <p> This bill requires the Department of Agriculture to expand standards that govern the humane handling, care, treatment, and transportation of animals to include new requirements for commercial dog dealers. Specifically, the standards must require dog dealers to provide to dogs</p> <ul> <li>adequate housing, exercise, and veterinary care; </li> <li>appropriate and nutritious food; </li> <li>continuous access to potable water; and</li> <li> meaningful socialization with humans and compatible dogs for at least 30 minutes each day. </li> </ul> <p>The standards must also include requirements for breeders to use safe breeding practices and make all reasonable efforts to find humane placement for retired breeding dogs.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1624 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1624
To amend the Animal Welfare Act to provide for the humane treatment of
dogs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Fitzpatrick (for himself, Mr. McGovern, Mr. Reschenthaler, and Mr.
Panetta) introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Animal Welfare Act to provide for the humane treatment of
dogs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puppy Protection Act of 2023''.
SEC. 2. ADDITIONAL REQUIREMENTS FOR DEALERS.
(a) Humane Treatment of Dogs by Dealers.--Section 13(a) of The
Animal Welfare Act (7 U.S.C. 2143(a)) is amended by adding at the end
the following new paragraph:
``(9) In addition to the requirements under paragraph (2), the
standards described in paragraph (1) shall, with respect to dealers,
include requirements--
``(A) that such dealer provide adequate housing for dogs
that includes--
``(i) completely solid flooring;
``(ii) indoor space sufficient to allow the tallest
dog in an enclosure to stand on his or her hind legs
without touching the roof of the enclosure;
``(iii) with respect to dogs over 8 weeks in age,
primary enclosures that, with the length of the dog
measured from the tip of the nose to the base of the
tail, provide at least--
``(I) 12 square feet of indoor floor space
per each dog up to 25 inches long;
``(II) 20 square feet of indoor floor space
per each dog between 25 and 35 inches long; and
``(III) 30 square feet of indoor floor
space per each dog 35 inches and longer;
``(iv) enclosures that are not stacked or otherwise
placed on top of or below another enclosure; and
``(v) temperature control that--
``(I) is appropriate for the age, breed,
and condition of the dogs in the enclosure; and
``(II) is between 45 and 85 degrees
Fahrenheit, when dogs are present in the
enclosure;
``(B) that appropriate and nutritious food be provided to
each dog at least twice per day, in an amount sufficient to
maintain the good health and physical condition of each such
dog;
``(C) that each dog has continuous access to potable water
that is not frozen and is free of feces, algae, and other
contaminants;
``(D) that each dog has adequate exercise, including--
``(i) for dogs over the age of 12 weeks,
unrestricted access from their primary enclosures
during daylight hours to an outdoor exercise area that
is--
``(I) at ground-level;
``(II) a solid surface;
``(III) enclosed (by a fence or other
structure);
``(IV) properly controlled for the safety
of the dogs; and
``(V) allows the dog to extend to full
stride, play, and engage in other types of
mentally stimulating and social behaviors; or
``(ii) if the dealer obtains a certification from
the attending veterinarian stating that the dog should
not have unfettered access to an outdoor exercise area
for a specific medical reason, an alternative exercise
plan prescribed by the veterinarian for the dog that
meets the requirements under section 3.8a of title 9,
Code of Federal Regulations;
``(E) that each dog has meaningful socialization with
humans and compatible dogs for at least 30 minutes each day
that--
``(i) includes positive interaction with a human
such as petting, stroking, grooming, feeding, playing
with, exercising, or other touching of the dog that is
beneficial to the well-being of the dog; and
``(ii) does not include time spent in veterinary
care;
``(F) that each dog receives adequate veterinary care,
including--
``(i) prompt treatment of any disease, illness or
injury by a licensed veterinarian;
``(ii) a thorough hands-on examination by a
licensed veterinarian at least once each year, which
shall include a dental exam;
``(iii) core vaccinations recommended by the
current version of the American Animal Hospital
Association Canine Vaccination Guidelines; and
``(iv) medications to prevent intestinal parasites,
heartworm disease, fleas, and ticks that are approved
by a licensed veterinarian for canine use;
``(G) with respect to safe breeding practices for dogs,
including--
``(i) a screening program for known prevalent
inheritable diseases that may be disabling or likely to
significantly affect the lifespan or quality of life of
the mother or her offspring;
``(ii) prohibiting breeding, unless each dog bred
has been screened by a veterinarian prior to each
attempt to breed and is found to be free from health
conditions that may be disabling to, or likely to
significantly affect the lifespan or quality of life
of, the mother or her offspring (as documented by a
licensed veterinarian upon examination);
``(iii) prohibiting the breeding of a female dog--
``(I) to produce more than two litters in
any 18-month period; or
``(II) more than 6 litters in that dog's
lifetime;
``(iv) that female dogs of small breeds (having a
maximum weight range at maturity that is below 40
pounds) not be bred--
``(I) before reaching the age of 18 months;
or
``(II) after reaching the age of 9 years;
``(v) that female dogs of large breeds (having
expected weight ranges at maturity that include 40 or
more pounds) not be bred--
``(I) before reaching the age of 2 years;
or
``(II) after reaching the age of 7 years;
and
``(vi) that any canine caesarian section be
performed by a licensed veterinarian;
``(H) that dogs be housed with other dogs, unless health or
behavioral issues make group housing unsafe; and
``(I) to make all reasonable efforts to find humane
placement for retired breeding dogs (such as with an adoptive
family, rescue organization, or other appropriate owner for
that dog, and not including selling at auction or otherwise
placing a retired breeding dog with another breeder for
breeding purposes).''.
(b) Conforming Amendment.--Section 13(a)(2)(B) of the Animal
Welfare Act (7 U.S.C. 2143(a)(2)(B)) is amended by inserting ``subject
to paragraph (9),'' before ``for exercise of dogs''.
SEC. 3. REGULATIONS.
Not later than 18 months after the date of the enactment of this
Act, the Secretary shall issue final regulations establishing the
standards for the care of dogs by dealers, as required by this Act.
<all>
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118HR1625 | St. Patrick’s Day Act | [
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"F000466",
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"sponsor"
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[
"L000599",
"Rep. Lawler, Michael [R-NY-17]",
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]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1625 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1625
To amend title 5, United States Code, to establish St. Patrick's Day as
a Federal holiday.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Fitzpatrick introduced the following bill; which was referred to
the Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 5, United States Code, to establish St. Patrick's Day as
a Federal holiday.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``St. Patrick's Day Act''.
SEC. 2. ST. PATRICK'S DAY.
Section 6103(a) of title 5, United States Code, is amended by
inserting after the item relating to Washington's Birthday the
following:
``St. Patrick's Day.''.
<all>
</pre></body></html>
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|
118HR1626 | Collegiate Freedom of Association Act | [
[
"G000574",
"Rep. Gallego, Ruben [D-AZ-3]",
"sponsor"
],
[
"S000250",
"Rep. Sessions, Pete [R-TX-17]",
"cosponsor"
],
[
"G000583",
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"cosponsor"
],
[
"R000575",
"Rep. Rogers, Mike D. [R-AL-3]",
"cosponsor"
]
] | <p><b>Collegiate Freedom of Association Act</b></p> <p>This bill addresses freedom of association protections for college students in single-sex social organizations.</p> <p>Specifically, the bill prohibits institutions of higher education that participate in federal student-aid programs from</p> <ul> <li>taking adverse actions against students who are members or prospective members of single-sex social organizations based solely on the practice of limiting membership to only individuals of one sex; or</li> <li>taking actions that require or coerce members or prospective members of such organizations to waive this prohibition, including as a condition of enrolling in the institution.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1626 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1626
To amend the Higher Education Act of 1965 to provide for certain
freedom of association protections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Gallego introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to provide for certain
freedom of association protections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collegiate Freedom of Association
Act''.
SEC. 2. FREEDOM OF ASSOCIATION PROTECTIONS.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. FREEDOM OF ASSOCIATION PROTECTIONS.
``(a) Non-Retaliation Against Students of Single-Sex Social
Organizations.--An institution of higher education that receives funds
under this Act shall not--
``(1) take any action to require or coerce a student or
prospective student who is a member or prospective member of a
single-sex social organization to waive the requirements of
paragraph (2), including as a condition of enrolling in the
institution; or
``(2) take any adverse action against a student who is a
member or a prospective member of a single-sex social
organization based solely on the membership practice of such
organization limiting membership to only individuals of one
sex.
``(b) Rules of Construction.--Nothing in this section shall--
``(1) require an institution of higher education to
officially recognize a single-sex organization;
``(2) prohibit an institution of higher education from
taking an adverse action against a student who joins a single-
sex social organization for a reason including academic
misconduct or nonacademic misconduct, or because the
organization's purpose poses a clear harm to the students or
employees, so long as that adverse action is not based solely
on the membership practice of the organization of limiting
membership to only individuals of one sex; or
``(3) inhibit the ability of the faculty of an institution
of higher education to express an opinion (either individually
or collectively) about membership in a single-sex social
organization, or otherwise inhibit the academic freedom of such
faculty to research, write, or publish material about
membership in such an organization.
``(c) Definitions.--In this section:
``(1) Adverse action.--The term `adverse action' means any
of the following actions taken by an institution of higher
education with respect to a member or prospective member of a
single-sex social organization:
``(A) Expulsion, suspension, probation, censure,
condemnation, formal reprimand, or any other
disciplinary action, coercive action, or sanction taken
by an institution of higher education or administrative
unit of such institution.
``(B) An oral or written warning with respect to an
action described in subparagraph (A).
``(C) An action to deny participation in any
education program or activity.
``(D) An action to withhold, in whole or in part,
any financial assistance (including scholarships and on
campus employment), or denying the opportunity to apply
for financial assistance, a scholarship, a graduate
fellowship, or on-campus employment.
``(E) An action to deny or restrict access to on-
campus housing.
``(F) An act to deny any certification,
endorsement, or letter of recommendation that may be
required by a student's current or future employer, a
government agency, a licensing board, an institution of
higher education, a scholarship program, or a graduate
fellowship to which the student seeks to apply.
``(G) An action to deny participation in any sports
team, club, or other student organization, including a
denial of any leadership position in any sports team,
club, or other student organization.
``(H) An action to require any student to certify
that such student is not a member of a single-sex
social organization or to disclose the student's
membership in a single-sex social organization.
``(2) Single-sex social organization.--The term `single-sex
social organization' means a social fraternity or sorority
described in section 501(c) of the Internal Revenue Code of
1986 which is exempt from taxation under section 501(a) of such
Code, or an organization that has been historically single-sex,
the active membership of which consists primarily of students
or alumni of an institution of higher education.''.
<all>
</pre></body></html>
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118HR1627 | Sergeant Steve Owen Defending Our Defenders Act | [
[
"G000061",
"Rep. Garcia, Mike [R-CA-27]",
"sponsor"
],
[
"B001298",
"Rep. Bacon, Don [R-NE-2]",
"cosponsor"
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[
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] | <p><strong></strong><b>Sergeant Steve Owen Defending Our Defenders Act</b></p> <p>This bill establishes federal criminal offenses involving the murder of federal, state, or local law enforcement officers. Violators are subject to life in prison or death. </p> <p>The bill sets forth aggravating factors (e.g., intent to ambush or prior history of promoting violence against a law enforcement officer) to be considered in determining whether to impose the death penalty.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1627 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1627
To amend title 18, United States Code, to make the murder of a Federal,
State, or local law enforcement officer a crime punishable by life in
prison or death.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Mike Garcia of California (for himself, Mr. Bacon, Ms. Tenney, Mr.
Bishop of North Carolina, Mr. McClintock, and Mr. Higgins of Louisiana)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to make the murder of a Federal,
State, or local law enforcement officer a crime punishable by life in
prison or death.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sergeant Steve Owen Defending Our
Defenders Act''.
SEC. 2. MURDER OF LAW ENFORCEMENT OFFICERS.
(a) In General.--Chapter 51 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1123. Murder of law enforcement officers
``(a) Federal Law Enforcement Officers.--In the case of an
individual who commits an offense described in section 1111 and the
victim of the offense is a Federal law enforcement officer (as defined
in section 2 of the Law Enforcement Congressional Badge of Bravery Act
of 2008 (34 U.S.C. 50301)) acting in the course of the official duties
of the officer, the individual shall be punished by death or by
imprisonment for life.
``(b) State and Local Law Enforcement Officers.--In the case of an
individual who travels in interstate or foreign commerce or uses any
facility of interstate or foreign commerce, including the mail,
telephone, radio, or television, with the intent to commit an offense
described in section 1111 or who uses a weapon or instrument that has
traveled in interstate or foreign commerce to commit said offense, and
the victim of the offense is a State or local law enforcement officer
(as defined in section 2 of the Law Enforcement Congressional Badge of
Bravery Act of 2008 (34 U.S.C. 50301)) acting in the course of the
official duties of the officer, the individual shall be punished by
death or by imprisonment for life.
``(c) Aggravating Factors.--In determining whether a sentence of
death is to be imposed on a defendant convicted of an offense described
in subsection (a) or (b), the jury, or if there is no jury, the court,
shall consider, in addition to the factors described in section
3592(c), each of the following aggravating factors for which notice has
been given and determine which, if any, exist:
``(1) Intent to ambush.--The defendant committed the
offense by an act of ambush.
``(2) Prior statements advocating for or promoting violence
against law enforcement officers.--The defendant has a prior
history of advocating for or promoting acts of violence,
including murder or assault, against a law enforcement officer.
``(3) Participation in or affiliation with anarchist or
other violence promoting organization.--The defendant is a
member of or affiliated with any organization that the Attorney
General or other high ranking law enforcement official has
determined to be an anarchist organization, a domestic
terrorist organization, or any other organization or group that
actively promotes violence or the overthrow of the Federal
Government.
``(4) Occurrence during organized anti-law enforcement
officer activity.--The offense was committed during a time and
in a place when there was active organized activity against or
targeting law enforcement officers.
``(5) Attempt to prevent lawful execution of law
enforcement duties.--The defendant committed the offense in
attempt to evade or otherwise prevent the law enforcement
officer from carrying out a lawful arrest or other lawful
authorized law enforcement activity.
``(6) Prior threats.--The defendant has personally made
prior threats of violence against a law enforcement officer.
``(d) Rule of Construction.--Nothing in this section shall be
construed as--
``(1) indicating an intent on the part of Congress to
prevent any State, any possession or Commonwealth of the United
States, or the District of Columbia, from exercising
jurisdiction over any offense over which the State, possession,
Commonwealth, or District of Columbia would have jurisdiction
in the absence of this section; or
``(2) depriving State and local law enforcement agencies of
responsibility for prosecuting acts that may be violations of
this section and that are violations of State or local law.''.
(b) Table of Sections.--The table of sections for chapter 51 of
title 18, United States Code, is amended by inserting after the item
relating to section 1122 the following:
``1123. Murder of law enforcement officers.''.
<all>
</pre></body></html>
| [
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118HR1628 | CBD Product Safety and Standardization Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1628 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1628
To authorize the regulation of interstate commerce with respect to food
containing cannabidiol derived from hemp, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Griffith (for himself, Ms. Craig, Ms. Titus, Mr. Grothman, and Mr.
Pocan) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To authorize the regulation of interstate commerce with respect to food
containing cannabidiol derived from hemp, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CBD Product Safety and
Standardization Act of 2023''.
SEC. 2. REGULATION OF INTERSTATE COMMERCE WITH RESPECT TO FOOD
CONTAINING CANNABIDIOL DERIVED FROM HEMP.
(a) Standards and Regulations.--Chapter IV of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 342 et seq.) is amended by inserting
after section 409 the following:
``SEC. 409A. FOOD CONTAINING CANNABIDIOL DERIVED FROM HEMP.
``(a) Standards.--The standards specified in this section for a
food (other than a dietary supplement) containing cannabidiol derived
from hemp (as defined in section 297A of the Agricultural Marketing Act
of 1946) are that the food--
``(1) is--
``(A) in conformity with a regulation issued
pursuant to section 409(c)(1)(A);
``(B) the subject of a notice submitted to the
Secretary under subpart E of part 170 of title 21, Code
of Federal Regulations (or any successor regulations);
or
``(C) generally recognized, among experts qualified
by scientific training and experience to evaluate its
safety, as having been adequately shown through
scientific procedures to be safe under the conditions
of its intended use, within the meaning of section
201(s); and
``(2) complies with all other applicable requirements
under, or pursuant to, this Act and the Fair Packaging and
Labeling Act.
``(b) Regulations.--The Secretary shall issue, through notice and
comment rulemaking pursuant to section 553 of title 5, United States
Code, regulations specifying, with respect to a food containing
cannabidiol derived from hemp--
``(1) a maximum amount of cannabidiol derived from hemp per
serving;
``(2) labeling and packaging requirements; and
``(3) conditions of intended use, including any conditions
specific to a food category described under subpart A of part
170 of title 21, Code of Federal Regulations (or any successor
regulations).
``(c) Effective Date.--The standards under this section shall apply
beginning on the date of enactment of the CBD Product Safety and
Standardization Act of 2023, regardless of whether regulations have
been issued under subsection (b).''.
(b) Prohibited Acts.--Section 301(ll) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 331(ll)) is amended, in the matter
preceding paragraph (1), by inserting ``(other than a food containing
cannabidiol that meets the requirements specified in section 409A)''
after ``made public''.
(c) Conforming Amendments.--
(1) Adulteration.--Section 402 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 342) is amended by adding at the
end the following:
``(j) If it is a food (other than a dietary supplement) that
contains cannabidiol derived from hemp (as defined in section 297A of
the Agricultural Marketing Act of 1946), unless such food meets the
requirements specified in section 409A.''.
(2) Misbranding.--Section 403 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343) is amended by adding at the
end the following:
``(z) If it is a food (other than a dietary supplement) that
contains cannabidiol derived from hemp (as defined in section 297A of
the Agricultural Marketing Act of 1946), unless the labeling of such
food meets the requirements specified in or pursuant to section
409A.''.
<all>
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118HR1629 | Hemp and Hemp-Derived CBD Consumer Protection and Market Stabilization Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1629 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1629
To make hemp, cannabidiol derived from hemp, and any other ingredient
derived from hemp lawful for use under the Federal Food, Drug, and
Cosmetic Act as a dietary ingredient in a dietary supplement, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Griffith (for himself, Ms. Craig, Mr. Pocan, Mr. Cohen, Mr. Trone,
Ms. Pingree, Mr. Blumenauer, Mr. Newhouse, Mr. Panetta, Ms. Barragan,
Mr. Joyce of Ohio, Mr. Grothman, and Mr. Gaetz) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To make hemp, cannabidiol derived from hemp, and any other ingredient
derived from hemp lawful for use under the Federal Food, Drug, and
Cosmetic Act as a dietary ingredient in a dietary supplement, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hemp and Hemp-Derived CBD Consumer
Protection and Market Stabilization Act of 2023''.
SEC. 2. USE OF HEMP AND CANNABIDIOL DERIVED FROM HEMP AS DIETARY
INGREDIENT.
(a) In General.--Beginning on the date that is 90 days after the
date of enactment of this Act, notwithstanding section 201(ff)(3)(B) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)(3)(B)),
hemp, cannabidiol derived from hemp, and any other ingredient derived
from hemp shall be lawful for use under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) as a dietary ingredient in a
dietary supplement, provided that such dietary supplement complies
with--
(1) the requirements for a dietary supplement which
contains a new dietary ingredient in section 413 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 350b); and
(2) all other applicable requirements for a dietary
supplement in the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) and the Fair Packaging and Labeling Act (15
U.S.C. 1451 et seq.).
(b) Definitions.--In this section:
(1) Dietary supplement.--The term ``dietary supplement''
has the meaning given such term in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(2) Hemp.--The term ``hemp'' has the meaning given such
term in section 297A of the Agricultural Marketing Act of 1946
(7 U.S.C. 1639o).
(3) New dietary ingredient.--The term ``new dietary
ingredient'' has the meaning given such term in section 413 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b).
<all>
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118HR163 | Security First Act | [
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] | <p><b>Security First Act</b></p> <p>This bill reauthorizes the Operation Stonegarden program from FY2024 through FY2027 and addresses other border security issues. (Operation Stonegarden provides grants to enhance the border security capabilities of state, local, and tribal governments.)</p> <p>From FY2024 through FY2027, the money from unreported monetary instruments seized from individuals crossing the U.S.-Mexico border and transferred into the Department of the Treasury general fund shall be made available without further appropriation to the Department of Homeland Security (DHS) to fund Operation Stonegarden. </p> <p>DHS must report to Congress on (1) DHS hiring practices from 2018 to 2021, and (2) whether certain Mexican drug cartels meet the criteria to be designated as foreign terrorist organizations. DHS must also periodically report to Congress about the technology needed to secure the U.S.-Mexico land border.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 163 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 163
To authorize certain appropriations for certain fiscal years for
Operation Stonegarden, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Tony Gonzales of Texas introduced the following bill; which was
referred to the Committee on Homeland Security, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize certain appropriations for certain fiscal years for
Operation Stonegarden, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security First Act''.
SEC. 2. OPERATION STONEGARDEN APPROPRIATIONS AND TRUST FUND.
(a) Certain Appropriations.--There is authorized to be appropriated
for each of fiscal years 2024 through 2027 $180,000,000 for the
Operation Stonegarden grant program, and not less than $60,000,000 for
each of fiscal years 2024 through 2027 to procure technology and
equipment, including communications equipment, sensors, and drone
technology.
(b) Operation Stonegarden Trust Fund.--
(1) Creation of trust fund.--There is established in the
Treasury of the United States a trust fund to be known as the
``Operation Stonegarden Trust Fund'' (referred to in this
section as the ``Trust Fund''), consisting of amounts
transferred to the Trust Fund under paragraph (2).
(2) Transfers to trust fund.--The Secretary of the Treasury
shall transfer to the Trust Fund, from the general fund of the
Treasury, for fiscal year 2024 and each fiscal year thereafter
until 2027, an amount equivalent to the amount received into
the general fund during that fiscal year attributable to
unreported monetary instruments seized by U.S. Customs and
Border Protection from individuals crossing the United States
and Mexico border.
(3) Use of trust fund.--Amounts in the Trust Fund shall be
made available to the Secretary of Homeland Security, without
further appropriation, to fund the Operation Stonegarden grant
program.
(4) Limitation.--The Secretary may only expend funds made
available from the Trust Fund to carry out the activity
described in paragraph (3).
(5) Monetary instrument.--
(A) In general.--Except as provided in subparagraph
(B), a monetary instrument means--
(i) coin or currency of the United States
or of any other country;
(ii) traveler's checks in any form;
(iii) negotiable instruments, including
checks, promissory notes, and money orders in
bearer form, endorsed without restriction, made
out to a fictitious payee, or otherwise in such
form that title thereto passes upon delivery;
(iv) incomplete instruments, including
checks, promissory notes, and money orders that
are signed but on which the name of the payee
has been omitted; and
(v) securities or stock in bearer form or
otherwise in such form that title thereto
passes upon delivery.
(B) Exception.--A monetary instrument referred to
in subparagraph (A) does not include--
(i) checks or money orders made payable to
the order of a named person which have not been
endorsed or which bear restrictive
endorsements;
(ii) warehouse receipts; or
(iii) bills of lading.
SEC. 3. REPORT RELATING TO HIRING PRACTICES OF THE DEPARTMENT FROM 2018
TO 2021.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report relating to the hiring practices of
the Department that includes--
(1) information relating to the recruiting practices of the
Department from 2018 to 2021; and
(2) recommendations with respect to improving the
operational capacity of the Department workforce.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4. DESIGNATION OF MEXICAN DRUG CARTELS AS TERRORIST ORGANIZATIONS.
(a) Report.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on whether
Mexican drug cartels meet the criteria for designation as
foreign terrorist organizations.
(2) Mexican drug cartels described.--The Mexican drug
cartels described in this paragraph are each of the following:
(A) Jalisco New Generation Cartel.
(B) Sinaloa Cartel.
(C) Juarez Cartel.
(D) Tijuana Cartel.
(E) Gulf Cartel.
(F) Los Zetas.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Homeland Security of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' has the meaning given the term in
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
(3) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 5. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND UPDATES.
(a) Technology Needs Analysis.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall submit, to the
appropriate congressional committees, a technology needs analysis for
border security technology along the Southwest border.
(b) Contents.--The analysis required under subsection (a) shall
include an assessment of--
(1) the technology needs and gaps along the Southwest
border--
(A) to prevent terrorists and instruments of terror
from entering the United States;
(B) to combat and reduce cross-border criminal
activity, including, but not limited to--
(i) the transport of illegal goods, such as
illicit drugs; and
(ii) human smuggling and human trafficking;
and
(C) to facilitate the flow of legal trade across
the Southwest border;
(2) recent technological advancements in--
(A) manned aircraft sensor, communication, and
common operating picture technology;
(B) unmanned aerial systems and related technology,
including counter-unmanned aerial system technology;
(C) surveillance technology, including--
(i) mobile surveillance vehicles;
(ii) associated electronics, including
cameras, sensor technology, and radar;
(iii) tower-based surveillance technology;
(iv) advanced unattended surveillance
sensors; and
(v) deployable, lighter-than-air, ground
surveillance equipment;
(D) nonintrusive inspection technology, including
non-X-ray devices utilizing muon tomography and other
advanced detection technology;
(E) tunnel detection technology; and
(F) communications equipment, including--
(i) radios;
(ii) long-term evolution broadband; and
(iii) miniature satellites;
(3) any other technological advancements that the Secretary
determines to be critical to the Department's mission along the
Southwest border;
(4) whether the use of the technological advances described
in paragraphs (2) and (3) will--
(A) improve border security;
(B) improve the capability of the Department to
accomplish its mission along the Southwest border;
(C) reduce technology gaps along the Southwest
border; and
(D) enhance the safety of any officer or agent of
the Department or any other Federal agency;
(5) the Department's ongoing border security technology
development efforts, including efforts by--
(A) U.S. Customs and Border Protection;
(B) the Science and Technology Directorate; and
(C) the technology assessment office of any other
operational component;
(6) the technology needs for improving border security,
such as--
(A) information technology or other computer or
computing systems data capture;
(B) biometrics;
(C) cloud storage; and
(D) intelligence data sharing capabilities among
agencies within the Department;
(7) any other technological needs or factors, including
border security infrastructure, such as physical barriers or
dual-purpose infrastructure, that the Secretary determines
should be considered; and
(8) currently deployed technology or new technology that
would improve the Department's ability--
(A) to reasonably achieve operational control and
situational awareness along the Southwest border; and
(B) to collect metrics for securing the border at
and between ports of entry, as required under
subsections (b) and (c) of section 1092 of division A
of the National Defense Authorization Act for Fiscal
Year 2017 (6 U.S.C. 223).
(c) Updates.--
(1) In general.--Not later than 2 years after the
submission of the analysis required under subsection (a), and
biannually thereafter for the following 4 years, the Secretary
shall submit an update to such analysis to the appropriate
congressional committees.
(2) Contents.--Each update required under paragraph (1)
shall include a plan for utilizing the resources of the
Department to meet the border security technology needs and
gaps identified pursuant to subsection (b), including
developing or acquiring technologies not currently in use by
the Department that would allow the Department to bridge
existing border technology gaps along the Southwest border.
(d) Items To Be Considered.--In compiling the technology needs
analysis and updates required under this section, the Secretary shall
consider and examine--
(1) technology that is deployed and is sufficient for the
Department's use along the Southwest border;
(2) technology that is deployed, but is insufficient for
the Department's use along the Southwest border;
(3) technology that is not deployed, but is necessary for
the Department's use along the Southwest border;
(4) current formal departmental requirements documentation
examining current border security threats and challenges faced
by any component of the Department;
(5) trends and forecasts regarding migration across the
Southwest border;
(6) the impact on projected staffing and deployment needs
for the Department, including staffing needs that may be
fulfilled through the use of technology;
(7) the needs and challenges faced by employees of the
Department who are deployed along the Southwest border;
(8) the need to improve cooperation among Federal, State,
Tribal, local, and Mexican law enforcement entities to enhance
security along the Southwest border;
(9) the privacy implications of existing technology and the
acquisition and deployment of new technologies and supporting
infrastructure, with an emphasis on how privacy risks might be
mitigated through the use of technology, training, and policy;
(10) the impact of any ongoing public health emergency that
impacts Department operations along the Southwest border; and
(11) the ability of, and the needs for, the Department to
assist with search and rescue efforts for individuals or groups
that may be in physical danger or in need of medical
assistance.
(e) Form.--To the extent possible, the Secretary shall submit the
technology needs analysis and updates required under this section in
unclassified form, but may submit such documents, or portions of such
documents, in classified form if the Secretary determines that such
action is appropriate.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security of the House
of Representatives.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Southwest border.--The term ``Southwest border'' means
the international land border between the United States and
Mexico, including the ports of entry along such border.
<all>
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118HR1630 | PROSPECT Act | [
[
"H001081",
"Rep. Hayes, Jahana [D-CT-5]",
"sponsor"
],
[
"N000188",
"Rep. Norcross, Donald [D-NJ-1]",
"cosponsor"
]
] | <p><b>Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act or the PROSPECT Act</b></p> <p>This bill establishes various grant programs to increase the supply of, and access to, high-quality, early-childhood care. Specifically, grants are established for</p> <ul> <li> planning and developing expanded access to free infant and toddler child care for student parents attending community college or minority-serving institutions;</li> <li>providing free infant and toddler child care to such student parents, including developing on-campus child care centers that meet specified requirements;</li> <li>training, mentorships, and technical support to community child care agencies and the professional development of licensed and unlicensed child care professionals; and<br> </li> <li>increasing the workforce pipeline of high-quality infant and toddler child care providers, particularly in locations with a low supply of affordable care.</li> </ul> <p>The bill also revises the formula for providing federal matching funds to states providing child care assistance.</p> <p>Further, the bill requires the Department of Education’s college cost calculator to include information about the dependent care allowance with respect to the cost of attendance and financial aid.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1630 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1630
To establish competitive Federal grants that will empower community
colleges and minority-serving institutions to become incubators for
infant and toddler child care talent, training, and access on their
campuses and in their communities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mrs. Hayes (for herself and Mr. Norcross) introduced the following
bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To establish competitive Federal grants that will empower community
colleges and minority-serving institutions to become incubators for
infant and toddler child care talent, training, and access on their
campuses and in their communities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing and Resourcing Our Student
Parents and Early Childhood Teachers Act'' or the ``PROSPECT Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
TITLE I--ESTABLISHMENT OF INFANT AND TODDLER CHILD CARE LEADERSHIP
GRANTS
Sec. 101. Purpose.
Sec. 102. Definitions.
Sec. 103. Authorization of appropriations.
Subtitle A--General Provisions
Sec. 111. Program authorized.
Sec. 112. Application; selection criteria.
Sec. 113. Amount, duration, and administration of grants.
Subtitle B--Planning and Implementation Grants
Sec. 121. Grants authorized.
Sec. 122. Planning grants.
Sec. 123. Access grants providing infant and toddler child care for
community college or minority-serving
institution student parents.
Sec. 124. Impact grants.
Sec. 125. Pipeline grants.
Sec. 126. Evaluation criteria for grants.
Sec. 127. Report to Congress.
Sec. 128. Nondiscrimination in programs and activities.
TITLE II--CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM
Sec. 201. Eligibility.
Sec. 202. Conforming amendments.
Sec. 203. Increased Federal matching payments for child care.
TITLE III--OUTREACH REGARDING THE DEPENDENT CARE ALLOWANCE FOR FEDERAL
STUDENT AID
Sec. 301. Sharing dependent care allowance information for Federal
student aid.
SEC. 3. FINDINGS.
Congress finds the following:
(1) A child's brain grows at a faster rate between birth
and age 3 than at any later point in the child's lifetime.
(2) Decades of research shows that children under age 3
that receive quality child care are more likely to have the
behavioral, cognitive, and language skills development
necessary for success in school, college, and life.
(3) According to a 2018 survey, 83 percent of parents with
a child under age 5 responded that finding quality, affordable
child care was a serious problem in their area.
(4) In 2017, on average, center-based child care for an
infant cost 61 percent more than for a preschooler, over
$11,000 annually per child, and in 28 States, more than the
cost of public college tuition.
(5) In the 2015-2016 academic year, approximately 4,300,000
postsecondary education students were raising children while in
college, and over half of those students had children
preschool-aged or younger.
(6) According to a 2016 survey, 95 percent of child care
centers at 2-year and 4-year colleges across the United States
had a waiting list, with the average list containing 82
children.
(7) Student parents were 20 percent more likely to leave
college without a degree than students without children.
(8) The Child Care Access Means Parents in School Federal
Grant program under subpart 7 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070e et seq.) helps
over 3,300 students at institutions of higher education afford
child care each year, but this program impacts just 0.5 percent
of the entire student parent population, and many institutions
of higher education do not open their subsidized child care
programs to children under age 3.
(9) The share of community colleges and 4-year institutions
of higher education with on-campus child care has been in
decline. Community colleges saw a 10 percent decrease in the
number of campuses with child care between 2002 and 2017.
(10) Student parents are more likely to be enrolled at
community colleges and minority-serving institutions than other
institutions of higher education. Over a quarter of all
community college students are parents, and in the 2015-2016
academic year, 40 percent of Black women attending college were
parents, 3 times the rate for White male college students.
(11) Community colleges and minority-serving institutions
lead the higher education sector in educating infant and
toddler child care providers, especially child care providers
of color, so they are the optimal actors for driving quality
infant and toddler child care access in their regions.
TITLE I--ESTABLISHMENT OF INFANT AND TODDLER CHILD CARE LEADERSHIP
GRANTS
SEC. 101. PURPOSE.
The purposes of this title are to expand access to infant and
toddler child care for children of students at public community
colleges and at minority-serving institutions and to grow, diversify,
and strengthen the workforce pipeline of highly effective infant and
toddler child care providers, especially in communities of color and
infant and toddler child care deserts.
SEC. 102. DEFINITIONS.
In this title:
(1) Community college.--The term ``community college''
means a public institution of higher education, as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), that provides an educational program of not less than
2 years that culminates in an associate degree and is
acceptable for full credit toward a baccalaureate degree.
(2) Community college or minority-serving institution
student parent.--The term ``community college or minority-
serving institution student parent'' means an individual who--
(A) is a parent or legal guardian of a child who
qualifies for infant and toddler child care; and
(B) is a full-time or part-time student at a
community college or minority-serving institution
participating in an eligible entity.
(3) Culturally responsive teaching.--The term ``culturally
responsive teaching'' means teaching--
(A) using the cultural characteristics,
experiences, and perspectives of ethnically diverse
students as conduits for teaching them more
effectively; and
(B) based on understanding the influences of race,
culture, and ethnicity in teaching and learning and
using the cultural experiences and contributions of
different ethnic groups as instrumental tools for
teaching academic and social knowledge and skills.
(4) Drop-in.--The term ``drop-in'', when used with respect
to child care--
(A) means child care that--
(i) does not require prescheduling a
definite number of scheduled days or hours per
week; or
(ii) is short term, such as less than 5
hours per day; and
(B) includes child care described in subparagraph
(A) that requires parents to provide 24-hour notice
before using the child care or provides child care
subject to availability.
(5) Dual language learner.--The term ``dual language
learner'' means a child who--
(A) is acquiring 2 or more languages at the same
time; or
(B) is learning a second language while continuing
to develop the child's first language, including a
child who may also be identified by a State or locality
as bilingual or limited English proficient or as an
English language learner, an English learner, or a
child who speaks a language other than English.
(6) Early childhood educator preparation program.--The term
``early childhood educator preparation program'' means a
postsecondary course of study that--
(A) is designed to prepare individuals to teach in
early childhood settings serving children between birth
and age 5; and
(B) leads to a degree (including an associate's,
bachelor's, or graduate degree) or a State or
nationally recognized credential enabling individuals
to teach in early childhood settings, including a child
development associate credential or a State teaching
license.
(7) Eligible entity.--The term ``eligible entity'' means--
(A) a community college;
(B) a minority-serving institution; or
(C) a consortium of 2 or more community colleges or
minority-serving institutions.
(8) Flex infant and toddler child care.--The term ``flex
infant and toddler child care'' means infant and toddler child
care for which a child is registered to attend weekly, but for
a total of less than five days per week.
(9) High school.--The term ``high school'' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(10) Infant and toddler child care.--The term ``infant and
toddler child care'' means child care for children who are
under the age of 3 as of the first day of the academic year of
the applicable community college or minority-serving
institution.
(11) Infant and toddler child care desert.--The term
``infant and toddler child care desert'' means a community that
the State or tribal entity involved determines has a low supply
of quality, affordable infant and toddler child care.
(12) Infant or toddler with a disability.--The term
``infant or toddler with a disability'' has the meaning given
the term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(13) Low-income.--The term ``low-income'' means an
individual from a family with an income at or below 150 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) applicable to a
family of the size involved.
(14) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(15) Nontraditional hours.--The term ``nontraditional
hours'' means--
(A) the hours before 9 a.m. and after 4 p.m.; and
(B) any hours during weekends, breaks during the
academic year, and holidays.
(16) On-campus.--The term ``on-campus'', when used with
respect to a childcare center, means a childcare center that is
located on the campus of a community college or minority-
serving institution.
(17) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(18) Service area.--The term ``service area'', when used
with respect to an eligible entity, means the area served by
the eligible entity.
(19) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title a
total of $9,000,000,000 for fiscal years 2024 through 2028.
Subtitle A--General Provisions
SEC. 111. PROGRAM AUTHORIZED.
(a) In General.--From amounts made available under section 103, the
Secretary shall award to eligible entities--
(1) planning grants under section 122;
(2) access grants under section 123, which will provide
free high-quality child care for as many as 500,000 infants and
toddlers who have a community college or minority-serving
institution student parent, helping to reduce barriers that
impact the ability of community college or minority-serving
institution student parents attending community college or a
minority-serving institution to graduate, and reducing their
postgraduation debt;
(3) impact grants under section 124, which will expand the
supply and quality of child care in the community by providing
training, mentorship, technical support, and expansion funding
to new and existing child care providers in the service area of
the eligible entity; and
(4) pipeline grants under section 125, which will fund
eligible entities to--
(A) launch and expand early childhood educator
preparation programs; and
(B) form strategic partnerships with regional
institutions to expand, diversify, and strengthen the
workforce pipeline for infant and toddler care
providers.
(b) Administration.--In administering this title, the Secretary
shall--
(1) consult with the Secretary of Health and Human Services
with respect to all grants carried out under this Act; and
(2) consult with the Administrator of the Small Business
Administration with respect to impact grants carried out under
section 124.
SEC. 112. APPLICATION; SELECTION CRITERIA.
(a) Application.--
(1) In general.--An eligible entity desiring a grant under
subtitle B shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
(2) Contents.--An application submitted under paragraph (1)
shall include--
(A) a landscape review on the need for infant and
toddler child care within the current and prospective
student populations of the eligible entity and in the
broader service area of the eligible entity, with an
emphasis on community college or minority-serving
institution student parents in communities of color and
low-income parents;
(B) a landscape review of the infant and toddler
care workforce within the service area of the eligible
entity;
(C) a high-level vision (which, in the case of an
eligible entity desiring a planning grant under section
122, will be clarified and adjusted through the needs
assessment and activities carried out under the grant)
for how to leverage 1 or more access, impact, or
pipeline grants under subtitle B to enhance access and
quality in the infant and toddler child care landscape
of the service area of the eligible entity;
(D) a description of how the eligible entity will
advance child development (including social and
emotional development), family engagement, and
culturally responsive and linguistically responsive
pedagogy for infant and toddler child care within its
child care center or early childhood education programs
(as applicable), through professional development,
required coursework, or targeted outreach and
enrollment;
(E) an assurance that the eligible entity will
submit annual reports that document how funds were
allocated and the impact of the grant;
(F) a commitment that wages for child care staff at
each on-campus child care center of a participating
community college or minority-serving institution
during the grant period shall be--
(i) comparable to wages for elementary
educators with similar credentials and
experience in the State; and
(ii) at a minimum, at a rate that is enough
to provide a living wage for all child care
staff; and
(G) in the case of an impact, access, or pipeline
grant under subtitle B, an assurance that the eligible
entity will continue to convene and consult an infant
and toddler care committee described in section
122(a)(1).
(b) Selection Criteria.--
(1) In general.--The Secretary shall award grants under
subtitle B on a competitive basis, in accordance with the
priorities described in paragraph (2), and in a manner that
supports eligible entities that--
(A) enroll a high percentage of students who are
eligible for a Federal Pell Grant under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) and
who have children under age 3;
(B) are located within or in the immediate vicinity
of an infant and toddler child care desert; or
(C) have a clear and compelling plan for--
(i) in the case of a planning grant under
section 122, carrying out the activities of the
planning grant;
(ii) in the case of an access grant under
section 123, expanding access to free infant
and toddler child care for community college or
minority-serving institution student parents;
(iii) in the case of an impact grant under
section 124, expanding the supply and quality
of child care in the community by providing
training, mentorship, technical support, and
startup funding, in collaboration with existing
child care agencies and organizations; or
(iv) in the case of a pipeline grant under
section 125, growing and strengthening the
workforce pipeline of highly effective infant
and toddler child care providers, especially
such providers serving infant and toddler child
care deserts, by expanding early childhood
education programs or upgrading an on-campus
child care center into a lab school.
(2) Priorities in awarding grants.--In awarding grants
under subtitle B, the Secretary shall, to the extent
practicable based on the strength of the applications and the
availability of appropriations--
(A) first, ensure that not less than 80 percent of
the funds appropriated for grants under subtitle B are
awarded to eligible entities that are eligible
institutions, as defined in section 312(b) of the
Higher Education Act of 1965 (20 U.S.C. 1058(b));
(B) second, ensure that not less than 1 eligible
entity in each State is awarded a grant; and
(C) third, provide special consideration to
applications described in paragraph (3).
(3) Additional consideration and funding.--In awarding
grants under subtitle B and subject to paragraph (2), the
Secretary shall provide special consideration, and may provide
additional funding as needed, including funding to exceed the
limits described in section 113(a), for--
(A) applications for access grants under section
123 that will provide--
(i) infant and toddler child care for
children of all ages between birth and age 3;
(ii) infant and toddler child care
available during nontraditional hours;
(iii) infant and toddler child care that
has the supports and staffing needed for
children who are dual language learners;
(iv) infant and toddler child care that has
the supports and staffing needed for children
in need of trauma-informed care and infants and
toddlers with disabilities, which may include
providing training for infant and toddler child
care staff to support the needs of infants and
toddlers with disabilities or coordinating with
service providers to deliver services under
section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419;
1431 et seq.); and
(v) child care and aftercare for children
age 3 and older, especially for children that
age out of the infant and toddler child care
program supported under this title, and for
siblings of children enrolled in campus-
sponsored infant and toddler care; and
(B) applications for pipeline grants under section
125 that propose to--
(i) develop and teach courses on culturally
responsive and linguistically responsive
teaching in early childhood education; and
(ii) develop and teach courses on
supporting infants and toddlers with
disabilities who are under age 3.
(c) Prerequisites for Access, Impact, and Pipeline Grants.--An
eligible entity shall receive and timely complete all requirements of a
planning grant under section 122 before receiving an access, impact, or
pipeline grant under section 123, 124, or 125.
SEC. 113. AMOUNT, DURATION, AND ADMINISTRATION OF GRANTS.
(a) Amount of Grants.--Each grant awarded under subtitle B to an
eligible entity shall be in an amount of--
(1) in the case of a grant awarded to an individual
community college or minority-serving institution, not more
than $20,000,000; and
(2) in the case of a grant to a consortium of community
colleges or minority-serving institutions, not more than
$220,000,000.
(b) Duration of Grants.--A grant awarded under subtitle B shall be
for a period of 4 years, except that a planning grant awarded under
section 122 shall be for a period of 1 year.
(c) Number of Grants.--
(1) Planning grants.--No eligible entity shall receive more
than 1 planning grant under section 122.
(2) Impact, access, and pipeline grants.--An eligible
entity may receive multiple grants under sections 123, 124, and
125, including 2 or more grants under different sections for
the same grant period or for overlapping grant periods.
(d) Annual Grant Competitions.--The Secretary shall conduct annual
grant competitions for the grants under subtitle B.
(e) Rule of Construction.--Nothing in this title shall be construed
to limit any program or grant established under any other Federal law,
including the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), or the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.).
Subtitle B--Planning and Implementation Grants
SEC. 121. GRANTS AUTHORIZED.
From amounts made available under section 103, the Secretary shall
award to eligible entities--
(1) planning grants under section 122, to enable the
eligible entities to assess the infant and toddler care needs
of current and prospective community college or minority-
serving institution student parents and the surrounding
community and develop a detailed proposal to address such
needs;
(2) access grants under section 123, which will provide
free high-quality child care for up to 500,000 children under
the age of 3 of community college or minority-serving
institution student parents, helping to reduce barriers that
impact the ability of community college or minority-serving
institution student parents to graduate, and reducing their
postgraduation debt;
(3) impact grants under section 124, which will expand the
supply and quality of child care in the community by providing
training, mentorship, technical support, and expansion funding
to new and existing child care providers in the service area of
the eligible entities; and
(4) pipeline grants under section 125, which will fund
eligible entities to--
(A) launch and expand early childhood educator
preparation programs; and
(B) form strategic partnerships with regional
institutions to expand, diversify, and strengthen the
workforce pipeline for infant and toddler child care
providers.
SEC. 122. PLANNING GRANTS.
(a) Use of Funds.--An eligible entity receiving a grant under this
section shall use grant funds to--
(1) establish an infant and toddler child care committee
that is reflective and inclusive of the community being served
and composed of members who are--
(A) student parents at the participating community
college or minority-serving institution;
(B) faculty of any participating community college
or minority-serving institution;
(C) representatives of a local educational agency
(as defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801))
serving the service area of the eligible entity;
(D) where applicable, a local public charter school
provider;
(E) representatives of a local child care resource
and referral agency; and
(F) infant and toddler child care professionals
(such as representatives from a local Head Start or
Early Head Start program, home-based infant and toddler
child care providers, and child care providers with
expertise working with infants or toddlers with
disabilities);
(2) conduct an infant and toddler child care needs
assessment of current and prospective community college or
minority-serving institution student parents, the infant and
toddler child care workforce, and the service area of the
eligible entity, that includes information on the level of need
for--
(A) infant and toddler child care during
nontraditional hours;
(B) 3-year-old child care, toddler care, and infant
care;
(C) care for infants and toddlers with
disabilities;
(D) care for children from households that speak a
language other than English; and
(E) child care in specific communities, especially
infant and toddler child care deserts;
(3) begin research, outreach, and planning for expanding
access to free infant and toddler child care for community
college or minority-serving institution student parents, which
may include drafting a delivery agreement with infant and
toddler child care providers in the community to provide infant
and toddler child care to community college or minority-serving
institution student parents; and
(4) develop a detailed proposal, with a focus on the needs
of parents of children under age 3, to address those needs,
which may include applying for an impact, access, or pipeline
grant under section 123, 124, or 125.
(b) Reporting Requirements.--Not later than 30 days after the end
of a grant period under this section, the eligible entity that received
the grant shall prepare and submit a report to the Secretary that
includes--
(1) the results of the needs assessment conducted under
subsection (a)(2);
(2) the detailed proposal developed under subsection
(a)(4); and
(3) in the case of an eligible entity that desires an
impact, access, or pipeline grant under section 123, 124, or
125, an application for the grant.
SEC. 123. ACCESS GRANTS PROVIDING INFANT AND TODDLER CHILD CARE FOR
COMMUNITY COLLEGE OR MINORITY-SERVING INSTITUTION STUDENT
PARENTS.
(a) Use of Grants.--An eligible entity receiving a grant under this
section shall use grant funds to expand access to free infant and
toddler child care for community college or minority-serving
institution student parents by carrying out 1 or more of the following:
(1) Paying the infant and toddler child care costs of
community college or minority-serving institution student
parents at an on-campus child care center, State licensed off-
campus child care center, or State licensed or registered home-
based child care provider.
(2)(A) Operating an on-campus child care center that
provides infant and toddler child care; or
(B) contracting with a child care provider that is
operating 1 or more child care centers (as of the date of the
contract) to operate an on-campus child care center that
provides infant and toddler child care.
(3) Coordinating with local child care resource and
referral agencies for services such as helping community
college or minority-serving institution student parents find
infant and toddler child care.
(4) Expanding the resources for existing on-campus child
care centers, as of the date of the application for the grant,
by--
(A) expanding the space of the center for infant
and toddler child care;
(B) purchasing equipment to be used for infant and
toddler child care; or
(C) hiring staff to accommodate additional children
under the age of 3.
(5) Lengthening the hours of an existing on-campus infant
and toddler child care center or keeping the on-campus infant
and toddler child care center open during breaks (including
summer).
(6) Establishing capacity for drop-in infant and toddler
child care or flex infant and toddler child care for the
children of community college or minority-serving institution
student parents.
(7) Renovating campus facilities to allow for the operation
of an on-campus child care center that--
(A) satisfies the standards that apply to
alterations or (as applicable) new construction under
title II or III of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12131 et seq., 12181 et seq.), as
the case may be; and
(B)(i) meets a high-quality standard, according to
a State quality rating and improvement system or the
standards applicable to an Early Head Start program
under the Head Start Act (42 U.S.C. 9831 et seq.); or
(ii) is accredited through the National Association
for the Education of Young Children or another
organization of similar expertise, as determined by the
Secretary.
(b) Requirements of On-Campus Child Care Centers.--In order for an
on-campus child care center of a community college or minority-serving
institution participating in an eligible entity to be supported with
funds from a grant under this section, the on-campus child care center
shall meet the following requirements:
(1) The child care center shall be licensed by the State
and shall meet a high-quality standard described in subsection
(a)(7)(B)(i) or be accredited in accordance with subsection
(a)(7)(B)(ii).
(2) Children of community college or minority-serving
institution student parents shall receive priority enrollment
in the child care center, with priority going first to low-
income community college or minority-serving institution
student parents, although dependents of faculty and staff of
the community college or minority-serving institution and
community members may be enrolled once the enrollment needs of
all requesting community college or minority-serving
institution student parents are fulfilled.
(3) The child care center shall provide infant and toddler
child care to children of community college or minority-serving
institution student parents, without regard as to whether the
parent is a full-time or part-time student.
(4) Not less than 85 percent of the community college or
minority-serving institution student parents using the on-
campus child care center for infant and toddler child care
shall be eligible to receive Federal Pell Grants under section
401 of the Higher Education Act of 1965 (20 U.S.C. 1070a),
except that the Secretary may grant a waiver from this
requirement if the Secretary determines necessary.
(5) The child care center shall provide drop-in infant and
toddler child care for community college and minority-serving
institution student parents and may not impose minimum
enrollment requirements for children of community college or
minority-serving institution student parents. The Secretary
shall promulgate regulations that specify the percentage of
infant and toddler child care slots that must be reserved for
drop-in infant and toddler child care under this paragraph.
(6) The child care center--
(A) shall provide infant and toddler child care for
children under the age of 3 (as of the first day of the
academic year of the community college or minority-
serving institution supporting the child care center)
of community college and minority-serving institution
student parents for free;
(B) may charge faculty and staff of the community
college or minority institution and community members
fees, using a sliding scale based on family income, to
enroll their children in the child care center; and
(C) shall comply with the suspension and expulsion
performance standard for Head Start programs under
section 1302.17 of title 45, Code of Federal
Regulations, or any successor standard.
(7)(A) The child care center shall maintain a continuity of
care for the children of parents who--
(i) were community college or minority-serving
institution student parents during any reasonable or
unavoidable break in the parents' enrollment; or
(ii) transferred from a community college to a 4-
year minority-serving institution during the student's
enrollment at the 4-year institution.
(B) The child care center may charge a parent described in
subparagraph (A) a fee for the child care services provided
during the period when the parent is not enrolled in the
community college or minority-serving institution, using a
sliding scale based on family income during this period, as
long as the fee does not exceed 7 percent of the family's
income.
(8) The child care center shall pay its child care staff a
wage that--
(A) is comparable to wages for elementary educators
with similar credentials and experience in the State;
and
(B) at a minimum, provides a living wage for all
child care staff of the child care center; and
(9) The child care center, if not a child care provider
covered by subsection (c) of section 658H of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858f), shall
comply with that section in the same manner and to the same
extent as such a child care provider, with respect to
background checks for child care staff members (including
prospective child care staff members) for the center.
(c) Consultation and Reports.--
(1) Consultation.--An eligible entity receiving a grant
under this section shall, for each year of the grant, consult
with an infant and toddler child care committee described in
section 122(a)(2) regarding the results of the grant and the
contents of the annual report submitted to the Secretary.
(2) Reports.--An eligible entity receiving a grant under
this section shall, for each year of the grant, prepare and
submit a report to the Secretary that includes--
(A) the number of community college or minority-
serving institution student parents that received
access to State licensed or registered child care
because of the grant, in the aggregate and
disaggregated by age, gender, race and ethnicity,
family income, disability status, and full-time or
part-time enrollment status in the community college or
minority-serving institution;
(B) the number of children under age 3 enrolled in
each on-campus child care center supported under the
grant, disaggregated by age, gender, disability status,
marital status of parents, and race and ethnicity;
(C) for each on-campus child care center supported
under the grant, the number of suspensions of children
enrolled in the child care center, in the aggregate and
disaggregated by race and ethnicity, gender, and
disability status;
(D) the demographics, including race, ethnicity,
and gender of the staff and leadership of all child
care centers supported under the grant;
(E) the most frequent times of the day and days of
the week, and the average number of hours per week,
that on-campus child care centers were used by
community college or minority-serving institution
student parents, and the child care hours per week
provided to community college or minority-serving
institution student parents, disaggregated by child
care provided at nontraditional hours and traditional
daytime, weekday child care;
(F) semester-to-semester persistence and fall-to-
fall persistence rates of community college or
minority-serving institution student parents with
children enrolled in infant and toddler child care
sponsored by the community college or minority-serving
institution, compared to the persistence rate of
community college or minority-serving institution
student parents with children under 3 who are not
enrolled in community college or minority-serving
institution sponsored child care--
(i) collected in accordance with
regulations promulgated by the Secretary; and
(ii) in the aggregate and disaggregated as
described in subparagraph (A) and by the age of
the children of the community college or
minority-serving institution students;
(G) the degree or certificate completion rate of
community college minority-serving institution student
parents with children enrolled in child care that is
sponsored by the community college or minority-serving
institution and is not infant and toddler child care,
in the aggregate and disaggregated as described in such
subparagraph and by the age of the children of the
community college or minority-serving institution
student parents; and
(H) if grant funds are used to renovate campus
facilities under subsection (a)(7), proof of the on-
campus child care center's compliance with the
standards that apply to alterations or (as applicable)
new construction under title II or III of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.,
12181 et seq.), as the case may be.
(3) Cross-tabulation.--In each report submitted by an
eligible entity under paragraph (2), the eligible entity shall
also provide the information described in subparagraphs (A),
(B), (C), and (F)(ii) of such paragraph cross-tabulated by, at
a minimum, gender, disability status, and each major racial and
ethnic group, which shall be presented in a manner that--
(A) is first anonymized and does not reveal
personally identifiable information about an individual
community college or minority-serving institution
student parent or child enrolled in the child care
center;
(B) does not include a number of individuals in any
subgroup of community college or minority-serving
institution student parents or children enrolled in the
child care center that is insufficient to yield
statistically reliable information or that would reveal
personally identifiable information about an
individual; and
(C) is consistent with the requirements of section
444 of the General Education Provisions Act (20 U.S.C.
1232g, commonly known as the ``Family Educational
Rights and Privacy Act of 1974'').
(d) Definition.--In subsection (b)(9), the term ``child care staff
member'' means an individual--
(1) who is employed by a child care center covered by
subsection (b) for compensation; or
(2) whose activities involve the care or supervision of
children for, or unsupervised access to children who are cared
for or supervised by, such a child care center.
SEC. 124. IMPACT GRANTS.
(a) Use of Funds.--Grants awarded under this section shall be used
by eligible entities to expand the supply and quality of child care in
the community by providing training, mentorship, technical support, and
startup funding, in collaboration with existing (as of the date of
application for the grant) child care agencies and organizations,
through carrying out 1 or more of the following activities:
(1) Contracting with local child care resource and referral
organizations to support onsite technical assistance for child
care providers, and training, mentorships, and business
technical assistance related to existing (as of the date of the
grant) or new start-up child care programs.
(2) Contracting with local child care resource and referral
organizations to provide staffed family child care networks,
such as a hub that supports a group of home-based care
providers to promote high-quality care.
(3) Establishing a network of child care providers in the
community, or partnering with an existing, as of the date of
application, provider or network (such as an Early Head Start
program operating in the community) to facilitate provider
access to training, coaching, mentorship, licensure, technical
support, and expansion funding.
(4) Developing content for training for community child
care providers (including home-based providers and unlicensed
providers) on strong child care business practices and other
supports and training the providers may require.
(5) Compensating qualified individuals to deliver training
for community members on providing high-quality child care.
(6) Awarding microenterprise grants for State licensed,
qualified early childhood education professionals, State
licensed child care centers, and State licensed or registered
home-based child care providers to open a child care program
that provides infant and toddler child care, or to expand
infant and toddler child care (including expanding access to
serve infants or toddlers with disabilities) at a child care
program in areas with low access to affordable, quality infant
and toddler child care.
(7) Developing and communicating clear pathways for
community child care providers and current and prospective
students of infant and toddler child care education,
particularly individuals with low incomes and from historically
underrepresented groups, to take advantage of professional
development, certificate, and associate degree offerings, for
the purpose of advancing their skills and careers.
(8) Prioritizing child care programs, pathways, and
resources in communities of color and low-income communities.
(9) Developing and delivering child care professional
development and courses in languages other than English.
(b) Rule Regarding Professional Development.--If an eligible entity
elects to use grant funds under this section for professional
development, the eligible entity shall ensure that--
(1) a portion of the professional development is open,
available, and easily accessible to unlicensed child care
providers and a portion of the professional development is
available to State licensed or registered child care providers;
and
(2) not more than 30 percent of the funds provided through
the grant under this section are allocated toward professional
development.
(c) Consultation and Reports.--
(1) Consultation.--An eligible entity receiving a grant
under this section shall, for each year of the grant, consult
with an infant and toddler child care committee described in
section 122(a)(2) and the lead agency for the applicable State
designated under section 658D of the Child Care Development and
Block Grant Act of 1990 (42 U.S.C. 9858b) regarding the results
of the grant and the contents of the annual report submitted to
the Secretary.
(2) Reports.--An eligible entity receiving a grant under
this section shall, for each year of the grant, prepare and
submit a report to the Secretary that includes--
(A) the number of child care providers that
attended child care professional development sessions
coordinated by the eligible entity under the grant, and
the type of training received;
(B)(i) the number of child care providers fluent in
a language other than English that received
professional development through the grant, including
the number of such child care providers reached through
the development and delivery of coursework in languages
other than English; and
(ii) the number of such child care providers that
received professional development through the grant and
graduated with an infant toddler credential, a child
development associate credential, or associate degree
related to early childhood development;
(C) the number of community colleges or minority-
serving institutions that joined or established
networks of child care providers;
(D) the number of State licensed child care spots
created for children under 3 as a result of the
training or microenterprise grants provided, in the
aggregate and disaggregated by location in an infant
and toddler child care desert, location in a community
of color, and, for recipients of microenterprise grants
under subsection (a)(6), race, ethnicity, and gender of
recipient;
(E) the number of participants in mentorship
programs supported under the grant, in the aggregate
and disaggregated by race, ethnicity, and gender; and
(F) the number of community child care providers
receiving technical support from the on-campus child
care center or network or the child care resource and
referral agency under the grant.
(3) Cross-tabulation.--In each report submitted by an
eligible entity under paragraph (2), the eligible entity shall
also provide the information described in paragraph (2)(E)
cross-tabulated by, at a minimum, gender and each major racial
and ethnic group, which shall be presented in a manner that--
(A) is first anonymized and does not reveal
personally identifiable information about an individual
participant in a mentorship program;
(B) does not include a number of individuals in any
subgroup of mentorship program participants that is
insufficient to yield statistically reliable
information or that would reveal personally
identifiable information about an individual; and
(C) is consistent with the requirements of section
444 of the General Education Provisions Act (20 U.S.C.
1232g, commonly known as the ``Family Educational
Rights and Privacy Act of 1974'').
SEC. 125. PIPELINE GRANTS.
(a) Use of Funds.--Grants awarded under this section shall be used
by eligible entities to grow and strengthen the workforce pipeline of
highly effective infant and toddler child care providers, especially
such providers serving infant and toddler child care deserts, through
carrying out 1 or more of the following activities:
(1) Establishing--
(A) an associate degree program that includes not
less than 2 courses specifically on infants and
toddlers; or
(B) a stackable child development associate
credential, infant toddler credential, or early
childhood education certificate, that can be
incorporated into a higher-level credential or
certificate.
(2) Hiring faculty to adopt and teach previously developed
competency-based high-quality infant-toddler courses, or to
develop and teach infant-toddler courses, which may include
courses required for an infant or toddler care certificate,
such as courses on child growth and development, the physical
and nutritional needs of children, communicating with families,
language development, child mental health, supporting infants
and toddlers with disabilities, and effective interactions with
children.
(3) Developing and executing a plan for increased
coordination between an early childhood educator preparation
program of a participating community college or minority-
serving institution and an on-campus child care center of the
community college or minority-serving institution, to enhance
the quality of both the child care and the early childhood
educator preparation program.
(4) Creating or enhancing a partnership between a
participating community college and a 4-year degree-granting
institution, to support and coordinate associate degree
programs or provide for articulation agreements in early
childhood education with related baccalaureate degree programs.
(5) Upgrading an on-campus child care center into a child
care lab school for the purpose of facilitating early childhood
educator preparation program practicum work, which may include
installing one-way observation windows or live-feed cameras.
(6) Awarding microgrants to students in early childhood
educator preparation programs for tuition, books,
transportation, permitting or licensing fees, apprenticeships,
and time spent doing practicum work.
(7) Developing and teaching courses on culturally
responsive teaching in early childhood education.
(8) Forming partnerships with local public high schools to
establish early childhood education career and technical
education programs, including programs that lead to a degree or
credential or provide opportunities for students to enter the
community college or minority-serving institution with
postsecondary credits that can be counted towards an early
childhood education certificate, credential, or degree.
(b) Consultation and Reports.--
(1) Consultation.--An eligible entity receiving a grant
under this section shall, for each year of the grant, consult
with an infant and toddler child care committee described in
section 122(a)(2) regarding the results of the grant and the
contents of the annual report submitted to the Secretary.
(2) Reporting requirements.--An eligible entity receiving a
grant under this section shall, for each year of the grant,
prepare and submit a report to the Secretary that includes--
(A) the number of students that enrolled in early
childhood educator preparation programs due to the
support provided by the grant, in the aggregate and
disaggregated by credential or degree type of the
program and by age, gender, race or ethnic group,
ability to speak a second language, family income
level, disability status, and full-time or part-time
student status;
(B) the amount of funds allocated to early
childhood educator preparation program students through
microgrants under this section, in the aggregate and
disaggregated by usage of funds and by demographics of
the students receiving the microgrants, including age,
gender, race or ethnic group, second language ability,
parent status, family income level, disability status,
and full-time or part-time student status;
(C) the persistence, retention, and completion
rates of students receiving the microgrants, as
compared to such rates for students not receiving the
microgrants;
(D) the number of students dual-enrolled in high
school and a community college or minority-serving
institution early childhood educator preparation
program;
(E) the number of students that completed degrees,
certificates, or credentials in dual-enrollment
programs, in the aggregate and disaggregated by degree,
certificate, and credential type; and
(F) the details of any partnerships or articulation
agreements established with local public high schools
or local 4-year degree-granting institutions of higher
education.
(3) Cross-tabulation.--In each report submitted by an
eligible entity under paragraph (2), the eligible entity shall
also provide the information described in subparagraphs (A) and
(B) of such paragraph cross-tabulated by, at a minimum, gender,
each major racial and ethnic group, and disability status,
which shall be presented in a manner that--
(A) is first anonymized and does not reveal
personally identifiable information about an individual
student;
(B) does not include a number of individuals in any
subgroup of students that is insufficient to yield
statistically reliable information or that would reveal
personally identifiable information about an
individual; and
(C) is consistent with the requirements of section
444 of the General Education Provisions Act (20 U.S.C.
1232g, commonly known as the ``Family Educational
Rights and Privacy Act of 1974'').
SEC. 126. EVALUATION CRITERIA FOR GRANTS.
For each year of the grant program under this title, the Secretary
shall evaluate the effectiveness of grants under chapter 1. Each
evaluation shall include the following criteria:
(1) For access grants awarded under section 123--
(A) the number of community college or minority-
serving institution student parents that received
access to licensed or registered infant and toddler
child care due to the grant, in the aggregate and
disaggregated by age, gender, race or ethnic group,
family income level, disability status, marital status,
and full-time or part-time student status;
(B) the most frequent times, and the average number
of hours per week, that on-campus child care centers
were used by community college or minority-serving
institution student parents;
(C) semester-to-semester persistence and fall-to-
fall persistence rates of community college or
minority-serving institution student parents with
children enrolled in infant or toddler child care
sponsored by the community college or minority-serving
institution, compared to such rate for students with
children not enrolled in the community college or
minority-serving institution child care program, in the
aggregate and disaggregated by the categories described
in subparagraph (A); and
(D) degree and certificate completion rate of
community college or minority-serving institution
student parents with children enrolled in child care
sponsored by the community college or minority-serving
institution, compared to such rate for students with
children not enrolled in such a sponsored child care
program, in the aggregate and disaggregated by the
categories described in subparagraph (A).
(2) For impact grants awarded under section 124--
(A) the number of attendees for the child care
professional development sessions coordinated by the
eligible entity under the grants;
(B) the number of community colleges or minority-
serving institutions that joined or established
networks of child care providers as a result of the
grants;
(C) the number of State licensed child care spots
created for children under 3 in infant and toddler
child care deserts and communities of color that were
established as a result of microenterprise grants
supported under section 124(a)(6); and
(D) the number of child care providers fluent in a
language other than English that received professional
development under the grants.
(3) For pipeline grants under section 125--
(A) the number of early childhood educator
preparation programs that were established with funding
under the grants;
(B) the number of existing early childhood educator
preparation programs that expanded course, certificate,
or degree offerings as a result of funding under the
grants;
(C) the number of students that enrolled in early
childhood educator preparation programs because of
funding provided under the grants, in the aggregate and
disaggregated by--
(i) type of degree or credential; and
(ii) student age, gender, race or ethnic
group, second language ability, family income
level, disability status, and status as
enrolled full- or part-time;
(D) the amount of funds allocated to early
childhood educator preparation program students through
microgrants supported under section 125(a)(6), in the
aggregate and disaggregated by--
(i) category of usage of funds; and
(ii) the categories described in
subparagraph (C)(ii);
(E) persistence, retention, and completion rates of
students receiving such microgrants, as compared to
students not receiving microgrants;
(F) the number of new early childhood educator
preparation program partnerships formed between
community colleges or minority-serving institutions and
area high schools as a result of the grants;
(G) the number of students dual-enrolled in high
school and community college early childhood educator
preparation programs as a result of the grants; and
(H) the number of students that completed a degree
or credential in a dual-enrollment program as a result
of the grants, in the aggregate and disaggregated by
degree or credential.
SEC. 127. REPORT TO CONGRESS.
The Secretary shall prepare and submit to Congress an annual report
on the grant program under this title that includes--
(1) the results from the most recent evaluation under
section 126; and
(2) information regarding the progress made by the grants
based on the most recent reports submitted under sections
122(b), 123(c), 124(c), and 125(b).
SEC. 128. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.
(a) Nondiscrimination.--No person in the United States shall, on
the basis of actual or perceived race, color, religion, national
origin, sex (which includes sexual orientation, gender identity,
pregnancy, childbirth, medical conditions related to pregnancy or
childbirth, or sex stereotypes), or disability, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded, in whole or in
part, with funds made available under this title or with amounts
appropriated for grants, contracts, or certificates similar to a child
care certificate as defined in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n), administered
with such funds.
(b) Enforcement.--Subsection (a) shall be enforced in the same
manner and by the same means, as if such subsection was incorporated in
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and
as if a violation of subsection (a) was treated as if it was a
violation of section 601 of such Act (42 U.S.C. 2000d).
(c) Rule of Construction.--Nothing in this section shall be
construed to alter or change any provisions of section 658N of the
Child Care and Development Block Grant of 1990 (42 U.S.C. 9858l).
TITLE II--CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM
SEC. 201. ELIGIBILITY.
(a) In General.--Section 658P(4)(C)(i) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)(C)(i)) is
amended by striking ``job training or educational program'' and
inserting ``job training or educational program (which may be a program
of study at an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), a program of
secondary education, or a program of study leading to the recognized
equivalent of a secondary school diploma)''.
(b) Plan Requirements.--Section 658E(c)(2) of such Act (42 U.S.C.
9858c(c)(2)) is amended by adding at the end the following:
``(W) Eligibility standards.--The plan shall
contain an assurance that the State will not use any
requirement for the eligibility of a child under this
subchapter that is more restrictive than the
requirements of (including regulations issued under)
this subchapter, such as a family income standard, or a
work, training, or education standard, that is more
restrictive than the standards specified in section
658P(4).''.
SEC. 202. CONFORMING AMENDMENTS.
Section 658H(c) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858f(c)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``or a child care center covered by section
123(b) of the Preparing and Resourcing Our Student Parents and
Early Childhood Teachers Act'' before ``if such''; and
(2) in paragraph (2), by inserting ``, including a child
care center covered by section 123(b) of the Preparing and
Resourcing Our Student Parents and Early Childhood Teachers
Act,'' before ``shall be ineligible''.
SEC. 203. INCREASED FEDERAL MATCHING PAYMENTS FOR CHILD CARE.
Section 418(a)(2)(C) of the Social Security Act (42 U.S.C.
618(a)(2)(C)) is amended to read as follows:
``(C) Federal matching of state expenditures.--The
Secretary shall pay to each eligible State for a fiscal
year an amount equal to the lesser of--
``(i) the State's allotment under
subparagraph (B); or
``(ii) the sum of--
``(I) in the case of a State that
provides payments for child care
assistance for infants and toddlers
(within the meaning of section 658G of
the Child Care and Development Block
Grant Act of 1990) at not less than 75
percent of the market rates, based on
the most recent market rate survey
conducted under section 658E(c)(4)(B)
of that Act or using an alternative
methodology, such as a cost estimation
model, that has been developed by the
State lead agency and approved by the
Administration for Children and
Families, taking into account the
geographic area, type of child care,
and age of the child, 90 percent of the
State's expenditures for such
assistance; and
``(II) the amount equal to the
Federal medical assistance percentage
that applies to the State for the
fiscal year under section 1905(b)
(without regard to any adjustments to
such percentage applicable under that
section or any other provision of law)
of so much of the State's expenditures
for child care in that fiscal year for
children other than infants and
toddlers.''.
TITLE III--OUTREACH REGARDING THE DEPENDENT CARE ALLOWANCE FOR FEDERAL
STUDENT AID
SEC. 301. SHARING DEPENDENT CARE ALLOWANCE INFORMATION FOR FEDERAL
STUDENT AID.
Section 132(h)(4) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)(4)) is amended--
(1) in the paragraph heading, by inserting ``and
information'' after ``Disclaimer'';
(2) in subparagraph (B), by striking ``and'' after the
semicolon;
(3) in subparagraph (C), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(D) explaining--
``(i) that a student with a dependent may
be eligible to include a dependent care
allowance described in section 471(a)(8) in the
student's cost of attendance;
``(ii) the effect that a dependent care
allowance may have on the amount of financial
aid available to the student from the
institution; and
``(iii) how to apply for the dependent care
allowance.''.
<all>
</pre></body></html>
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118HR1631 | Pro Codes Act | [
[
"I000056",
"Rep. Issa, Darrell E. [R-CA-48]",
"sponsor"
],
[
"R000305",
"Rep. Ross, Deborah K. [D-NC-2]",
"cosponsor"
],
[
"R000606",
"Rep. Raskin, Jamie [D-MD-8]",
"cosponsor"
],
[
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"Rep. Titus, Dina [D-NV-1]",
"cosponsor"
],
[
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"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1631 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1631
To amend title 17, United States Code, to reaffirm the importance of,
and include requirements for, works incorporated by reference into law,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Issa (for himself and Ms. Ross) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 17, United States Code, to reaffirm the importance of,
and include requirements for, works incorporated by reference into law,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting and Enhancing Public
Access to Codes Act'' or the ``Pro Codes Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress, the executive branch, and State and local
governments have long recognized that the people of the United
States benefit greatly from the work of private standards
development organizations with expertise in highly specialized
areas.
(2) The organizations described in paragraph (1) create
technical standards and voluntary consensus standards through a
process requiring openness, balance, consensus, and due process
to ensure all interested parties have an opportunity to
participate in standards development.
(3) The standards that result from the process described in
paragraph (2) are used by private industry, academia, the
Federal Government, and State and local governments that
incorporate those standards by reference into laws and
regulations.
(4) The standards described in paragraph (3) further
innovation, commerce, and public safety, all without cost to
governments or taxpayers because standards development
organizations fund the process described in paragraph (2)
through the sale and licensing of their standards.
(5) Congress and the executive branch have repeatedly
declared that, wherever possible, governments should rely on
voluntary consensus standards and have set forth policies and
procedures by which those standards are incorporated by
reference into laws and regulations and that balance the
interests of access with protection for copyright.
(6) Circular A-119 of the Office of Management and Budget
entitled ``Federal Participation in the Development and Use of
Voluntary Consensus Standards and in Conformity Assessment
Activities'', issued in revised form on January 27, 2016,
recognizes the benefits of voluntary consensus standards and
incorporation by reference, stating that ``[i]f a standard is
used and published in an agency document, your agency must
observe and protect the rights of the copyright holder and meet
any other similar obligations.''.
(7) Federal agencies have relied extensively on the
incorporation by reference system to leverage the value of
technical standards and voluntary consensus standards for the
benefit of the public, resulting in more than 23,000 sections
in the Code of Federal Regulations that incorporate by
reference technical and voluntary consensus standards.
(8) State and local governments have also recognized that
technical standards and voluntary consensus standards are
critical to protecting public health and safety, which has
resulted in many such governments--
(A) incorporating those standards by reference into
their laws and regulations; or
(B) entering into license agreements with standards
development organizations to use the standards created
by those organizations.
(9) Standards development organizations rely on copyright
protection to generate the revenues necessary to fund the
voluntary consensus process and to continue creating and
updating these important standards.
(10) The people of the United States have a strong interest
in--
(A) ensuring that standards development
organizations continue to utilize a voluntary consensus
process--
(i) in which all interested parties can
participate; and
(ii) that continues to create and update
standards in a timely manner to--
(I) account for technological
advances;
(II) address new threats to public
health and safety; and
(III) improve the usefulness of
those standards; and
(B) the provision of access that allows people to
read technical and voluntary consensus standards that
are incorporated by reference into laws and
regulations.
(11) As of the date of enactment of this Act, many
standards development organizations make their standards
available to the public free of charge online in a manner that
does not substantially disrupt the ability of those
organizations to earn revenue from the industries and
professionals that purchase copies and subscription-access to
those standards (such as through read-only access), which
ensures that the public may read the current, accurate version
of such a standard without significantly interfering with the
revenue model that has long supported those organizations and
their creation of, and investment in, new standards.
(12) Through this Act, and the amendments made by this Act,
Congress intends to balance the goals of furthering the
creation of standards and ensuring public access to standards
that are incorporated by reference into law or regulation.
SEC. 3. WORKS INCORPORATED BY REFERENCE INTO LAW.
(a) In General.--Chapter 1 of title 17, United States Code, is
amended by adding at the end the following:
``Sec. 123. Works incorporated by reference into law
``(a) Definitions.--In this section:
``(1) Circular a-119.--The term `Circular A-119' means
Circular A-119 of the Office of Management and Budget entitled
`Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities',
issued in revised form on January 27, 2016.
``(2) Incorporated by reference.--
``(A) In general.--The term `incorporated by
reference' means, with respect to a standard, that the
text of a Federal, State, local, or municipal law or
regulation--
``(i) references all or part of the
standard; and
``(ii) does not copy the text of that
standard directly into that law or regulation.
``(B) Application.--The creation or publication of
a work that includes both the text of a law or
regulation and all or part of a standard that has been
incorporated by reference, as described in subparagraph
(A), shall not affect the status of the standard as
incorporated by reference under that subparagraph.
``(3) Standard.--The term `standard' means a standard or
code that is--
``(A) a technical standard, as that term is defined
in section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (15 U.S.C. 272 note); or
``(B) a voluntary consensus standard, as that term
is used for the purposes of Circular A-119.
``(4) Standards development organization.--The term
`standards development organization' means a holder of a
copyright under this title that plans, develops, establishes,
or coordinates voluntary consensus standards using procedures
that incorporate the attributes of openness, balance of
interests, due process, an appeals process, and consensus in a
manner consistent with the requirements of Circular A-119.
``(5) Publicly accessible online.--
``(A) In general.--The term `publicly accessible
online', with respect to material, means that the
material is displayed for review in a readily
accessible manner on a public website.
``(B) Rule of construction.--If a user is required
to create an account or agree to the terms of service
of a website or organization in order to access
material online, that requirement shall not be
construed to render the material not publicly
accessible online for the purposes of subparagraph (A),
if there is no monetary cost to the user to access that
material.
``(b) Standards Incorporated by Reference Into Law or Regulation.--
A standard to which copyright protection subsists under section 102(a)
at the time of its fixation shall retain such protection,
notwithstanding that the standard is incorporated by reference, if the
applicable standards development organization, within a reasonable
period of time after obtaining actual or constructive notice that the
standard has been incorporated by reference, makes all portions of the
standard so incorporated publicly accessible online at no monetary
cost.
``(c) Burden of Proof.--In any proceeding in which a party asserts
that a standards development organization has failed to comply with the
requirements under subsection (b) for retaining copyright protection
with respect to a standard, the burden of proof shall be on the party
making that assertion to prove that the standards development
organization has failed to comply with those requirements.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 1 of title 17, United States Code, is amended by adding at the
end the following:
``123. Works incorporated by reference into law.''.
<all>
</pre></body></html>
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|
118HR1632 | NPR and PBS Act | [
[
"J000304",
"Rep. Jackson, Ronny [R-TX-13]",
"sponsor"
]
] | <p><strong></strong> <b>No Partisan Radio and Partisan Broadcasting Services Act or the NPR and PBS Act</b></p> <p>This bill prohibits federal funding of National Public Radio (NPR) and the Public Broadcasting Service (PBS), including by prohibiting the use of federal funds received by a public broadcast station to pay dues to or purchase programming from NPR or PBS.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1632 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1632
To eliminate taxpayer funding for the partisan broadcasting outlets
known as National Public Radio and the Public Broadcasting Service, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Jackson of Texas introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To eliminate taxpayer funding for the partisan broadcasting outlets
known as National Public Radio and the Public Broadcasting Service, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Partisan Radio and Partisan
Broadcasting Services Act'' or the ``NPR and PBS Act''.
SEC. 2. PROHIBITION ON FEDERAL FUNDING FOR NATIONAL PUBLIC RADIO AND
PUBLIC BROADCASTING SERVICE.
(a) In General.--After the date of the enactment of this Act, no
Federal funds may, directly or indirectly, be made available to or used
to support an organization described in subsection (b), including
through the payment of dues to or the purchase of programming from such
organization by a public broadcast station using Federal funds received
by such station.
(b) Organizations Described.--The organizations described in this
subsection are--
(1) the organization known, as of the date of the enactment
of this Act, as ``National Public Radio'';
(2) the organization known, as of the date of the enactment
of this Act, as the ``Public Broadcasting Service''; and
(3) any successor organization to an organization described
in paragraph (1) or (2).
<all>
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118HR1633 | RAIL Act | [
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[From the U.S. Government Publishing Office]
[H.R. 1633 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1633
To enhance safety requirements for trains transporting hazardous
materials, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Johnson of Ohio (for himself, Mrs. Sykes, Mr. Miller of Ohio, Mr.
Landsman, Mr. Balderson, Ms. Kaptur, Mr. Carey, Mrs. Beatty, Mr. Joyce
of Ohio, Ms. Brown, and Mr. Turner) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To enhance safety requirements for trains transporting hazardous
materials, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reducing Accidents
In Locomotives Act'' or the ``RAIL Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Defined term.
Sec. 3. Recommendations for safety.
Sec. 4. Rail car inspections.
Sec. 5. Defect detectors.
Sec. 6. Increasing maximum civil penalties for violations of rail
safety regulations.
Sec. 7. Safer tank cars.
Sec. 8. Hazardous materials training for first responders.
SEC. 2. DEFINED TERM.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. RECOMMENDATIONS FOR SAFETY.
(a) Rulemaking.--Not later than 1 year after the date on which the
National Transportation Safety Board issues the report on the East
Palestine, Ohio crash, the Secretary, in consultation with the
Administrator of the Federal Railroad Administration, shall issue
regulations, or modify existing regulations, based on such report
establishing safety requirements, in accordance with subsection (b),
with which a rail carrier operating a train transporting hazardous
materials that is not subject to the requirements for a high-hazard
flammable train under section 174.310 of title 49, Code of Federal
Regulations, shall comply with respect to the operation of each such
train and the maintenance of specification tank cars.
(b) Requirements.--The regulations issued pursuant to subsection
(a) shall require rail carriers--
(1) to provide advance notification and information
regarding the transportation of hazardous materials described
in subsection (a) to each State emergency response
commissioner, the tribal emergency response commission, or any
other State or tribal agency responsible for receiving the
information notification for emergency response planning
information;
(2) to include, in the notification provided pursuant to
paragraph (1), a written gas discharge plan with respect to the
applicable hazardous materials being transported; and
(3) to reduce or eliminate blocked crossings resulting from
delays in train movements.
(c) Additional Requirements.--In developing the regulations
required under subsection (a), the Secretary shall include requirements
regarding--
(1) train length and weight;
(2) train consist;
(3) route analysis and selection;
(4) speed restrictions;
(5) track standards;
(6) track, bridge, and rail car maintenance;
(7) signaling and train control; and
(8) response plans.
SEC. 4. RAIL CAR INSPECTIONS.
(a) Rulemaking.--
(1) Inspection requirements.--Not later than 1 year after
date of the enactment of this Act, the Secretary shall review
and update, as necessary, applicable regulations under chapters
I and II of subtitle B of title 49, Code of Federal
Regulations--
(A) to create minimum time requirements that a
qualified mechanical inspector must spend when
inspecting a rail car or locomotive; and
(B) to ensure that all rail cars and locomotives in
train consists that carry hazardous materials are
inspected by a qualified mechanical inspector at
intervals determined by the Secretary.
(2) Abbreviated pre-departure inspection.--The Secretary
shall immediately amend section 215.13(c) of title 49, Code of
Federal Regulations (permitting an abbreviated pre-departure
inspection procedure) with respect to rail cars in train
consists carrying hazardous materials.
(b) Audits.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall initiate audits
of Federal rail car inspection programs, subject to the
requirements under part 215 of title 49, Code of Federal
Regulations, which--
(A) consider whether such programs are in
compliance with such part 215;
(B) assess the type and content of training and
performance metrics that such programs provide rail car
inspectors;
(C) determine whether such programs provide
inspectors with adequate time to inspect rail cars;
(D) determine whether such programs reflect the
current operating practices of the railroad carrier;
and
(E) ensure that such programs are not overly
reliant on train crews.
(2) Audit scheduling.--The Secretary shall--
(A) schedule the audits required under paragraph
(1) to ensure that--
(i) each Class I railroad is audited not
less frequently than once every 5 years; and
(ii) a select number, as determined by the
Secretary, of Class II and Class III railroads
are audited annually; and
(B) conduct the audits described in subparagraph
(A)(ii) in accordance with--
(i) the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601
note); and
(ii) appendix C of part 209 of title 49,
Code of Federal Regulations.
(3) Updates to inspection program.--If, during an audit
required under this subsection, the auditor identifies a
deficiency in a railroad's inspection program, the railroad
shall update the program to eliminate such deficiency.
(4) Consultation and cooperation.--
(A) Consultation.--In conducting any audit required
under this subsection, the Secretary shall consult with
the railroad being audited and its employees, including
any nonprofit employee labor organization representing
the mechanical employees of the railroad.
(B) Cooperation.--The railroad being audited and
its employees, including any nonprofit employee labor
organization representing mechanical employees, shall
fully cooperate with any audit conducted pursuant to
this subsection--
(i) by providing any relevant documents
requested; and
(ii) by making available any employees for
interview without undue delay or obstruction.
(C) Failure to cooperate.--If the Secretary
determines that a railroad or any of its employees,
including any nonprofit employee labor organization
representing mechanical employees of the railroad is
not fully cooperating with an audit conducted pursuant
to this subsection, the Secretary shall electronically
notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of such noncooperation.
(c) Review of Regulations.--The Secretary shall triennially
determine whether any update to part 215 of title 49, Code of Federal
Regulations, is necessary to ensure the safety of rail cars transported
by rail carriers.
(d) Annual Report.--The Secretary shall publish an annual report on
the public website of the Federal Railroad Administration that--
(1) summarizes the findings of the prior year's audits;
(2) summarizes any updates made pursuant to this section;
and
(3) excludes any confidential business information or
sensitive security information.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to limit the deployment of pilot programs for the
installation, test, verification, and review of automated rail
and train inspection technologies; or
(2) to direct the Secretary to waive any existing
inspection requirements under chapter I or II of subtitle B of
title 49, Code of Federal Regulations, as part of pilot
programs.
SEC. 5. DEFECT DETECTORS.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue regulations
establishing requirements for the installation, repair, testing,
maintenance, and operation of wayside defect detectors for each rail
carrier operating a train consist carrying hazardous materials.
(b) Requirements.--The regulations issued pursuant to subsection
(a) shall include requirements regarding--
(1) the frequency of the placement of wayside defect
detectors, including a requirement that all Class I railroads
install a hotbox detector along every 10-mile segment of rail
track over which trains carrying hazardous materials operate;
(2) performance standards for such detectors;
(3) the maintenance and repair requirements for such
detectors;
(4) reporting data and maintenance records of such
detectors;
(5) appropriate steps the rail carrier must take when
receiving an alert of a defect or failure from or regarding a
wayside defect detector; and
(6) the use of hotbox detectors to prevent derailments from
wheel bearing failures, including--
(A) the temperatures, to be specified by the
Secretary, at which an alert from a hotbox detector is
triggered to warn of a potential wheel bearing failure;
and
(B) any actions that shall be taken by a rail
carrier upon receiving an alert from a hotbox detector
of a potential wheel bearing failure.
(c) Defect and Failure Identification.--The Secretary shall specify
the categories of defects and failures that wayside defect detectors
covered by regulations issued pursuant to subsection (a) shall address,
including--
(1) axles;
(2) wheel bearings;
(3) brakes;
(4) signals;
(5) wheel impacts; and
(6) other defects or failures specified by the Secretary.
(d) Safety Placards.--
(1) In general.--In issuing regulations under subsection
(a), the Secretary shall require that placards covered under
section 172.519 of title 49, Code of Federal Regulations, be
able to withstand heat in excess of 180 degrees.
(2) Update based on recommendations.--The Secretary may,
upon recommendation from the National Transportation Safety
Board, issue such regulations as are necessary to increase the
heat threshold described in paragraph (1).
SEC. 6. INCREASING MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF RAIL
SAFETY REGULATIONS.
(a) Civil Penalties Related to Transporting Hazardous Materials.--
Section 5123(a) of title 49, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``$75,000'' and inserting ``the greater of 0.5
percent of the person's annual income or annual operating
income or $750,000''; and
(2) in paragraph (2), by striking ``$175,000'' and
inserting ``the greater of 1 percent of the person's annual
income or annual operating income or $1,750,000''.
(b) General Violations of Chapter 201.--Section 21301(a)(2) of
title 49, United States Code, is amended--
(1) by striking ``$25,000.'' and inserting ``the greater of
0.5 percent of the person's annual income or annual operating
income or $250,000''; and
(2) by striking ``$100,000.'' and inserting ``the greater
of 1 percent of the person's annual income or annual operating
income or $1,000,000''.
(c) Accident and Incident Violations of Chapter 201; Violations of
Chapters 203 Through 209.--Section 21302(a) is amended--
(1) in paragraph (1), by striking ``203-209'' each place it
appears and inserting ``203 through 209''; and
(2) in paragraph (2)--
(A) by striking ``$25,000'' and inserting ``the
greater of 0.5 percent of the person's annual income or
annual operating income or $250,000''; and
(B) by striking ``$100,000'' and inserting ``the
greater of 1 percent of the person's annual income or
annual operating income or $1,000,000''.
(d) Violations of Chapter 211.--Section 21303(a)(2) is amended--
(1) by striking ``$25,000.'' and inserting ``the greater of
0.5 percent of the person's annual income or annual operating
income or $250,000''; and
(2) by striking ``$100,000.'' and inserting ``the greater
of 1 percent of the person's annual income or annual operating
income or $1,000,000''.
SEC. 7. SAFER TANK CARS.
(a) Phase-Out Schedule.--Beginning on May 1, 2028, a rail carrier
may not use DOT-111 specification railroad tank cars that do not comply
with DOT-117, DOT-117P, or DOT-117R specification requirements, as in
effect on the date of enactment of this Act, to transport Class 3
flammable liquids regardless of the composition of the train consist.
(b) Conforming Regulatory Amendments.--
(1) In general.--The Secretary--
(A) shall immediately remove or revise the date-
specific deadlines in any applicable regulations or
orders to the extent necessary to conform with the
requirement under subsection (a); and
(B) may not enforce any date-specific deadlines or
requirements that are inconsistent with the requirement
under subsection (a).
(2) Rule of construction.--Except as required under
paragraph (1), nothing in this section may be construed to
require the Secretary to issue regulations to implement this
section.
SEC. 8. HAZARDOUS MATERIALS TRAINING FOR FIRST RESPONDERS.
(a) Annual Registration Fee.--Section 5108(g) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Additional fee for class i rail carriers.--In
addition to the fees collected pursuant to paragraphs (1) and
(2), the Secretary shall establish and annually impose and
collect from each Class I rail carrier a fee in an amount equal
to $1,000,000.''.
(b) Assistance for Local Emergency Response Training.--Section
5116(j)(1)(A) of title 49, United States Code, is amended--
(1) by striking ``liquids'' and inserting ``materials'';
and
(2) in paragraph (3), by amending subparagraph (A) to read
as follows:
``(A) In general.--To carry out the grant program
established pursuant to paragraph (1), the Secretary
may expend, during each fiscal year--
``(i) the amounts collected pursuant to
section 5108(g)(4); and
``(ii) any amounts recovered during such
fiscal year from grants awarded under this
section during a prior fiscal year.''.
(c) Supplemental Training Grants.--Section 5128(b)(4) of title 49,
United States Code is amended by striking ``$2,000,000'' and inserting
``$4,000,000''.
<all>
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118HR1634 | HELLPP Act | [
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] | <p><b>Helping Ensure Life- and Limb-Saving Access to Podiatric Physicians Act or the HELLPP Act</b></p> <p>This bill adds podiatrists as covered physicians under the Medicaid program. </p> <p>Additionally, the bill revises certain documentation requirements related to Medicare coverage of therapeutic shoes for individuals with diabetes. </p> <p>Finally, the bill subjects payments made to a Medicaid provider or supplier to a continuing levy for federal taxes owed by the provider or supplier. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1634 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1634
To amend title XIX of the Social Security Act to cover physician
services delivered by podiatric physicians to ensure access by Medicaid
beneficiaries to appropriate quality foot and ankle care, to amend
title XVIII of such Act to modify the requirements for diabetic shoes
to be included under Medicare, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Johnson of Ohio (for himself and Ms. DeGette) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to cover physician
services delivered by podiatric physicians to ensure access by Medicaid
beneficiaries to appropriate quality foot and ankle care, to amend
title XVIII of such Act to modify the requirements for diabetic shoes
to be included under Medicare, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Ensure Life- and Limb-Saving
Access to Podiatric Physicians Act'' or the ``HELLPP Act''.
SEC. 2. RECOGNIZING DOCTORS OF PODIATRIC MEDICINE AS PHYSICIANS UNDER
THE MEDICAID PROGRAM.
(a) In General.--Section 1905(a)(5)(A) of the Social Security Act
(42 U.S.C. 1396d(a)(5)(A)) is amended by striking ``section
1861(r)(1)'' and inserting ``paragraphs (1) and (3) of section
1861(r)''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by subsection (a) shall apply to services
furnished on or after January 1, 2024.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State legislation
in order for the plan to meet the additional requirement
imposed by the amendment made by subsection (a), the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet these additional requirements before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to
be a separate regular session of the State legislature.
SEC. 3. CLARIFYING MEDICARE DOCUMENTATION REQUIREMENTS FOR THERAPEUTIC
SHOES FOR PERSONS WITH DIABETES.
(a) In General.--Section 1861(s)(12) of the Social Security Act (42
U.S.C. 1395x(s)(12)) is amended to read as follows:
``(12) subject to section 4072(e) of the Omnibus Budget
Reconciliation Act of 1987, extra-depth shoes with inserts or
custom molded shoes with inserts (in this paragraph referred to
as `therapeutic shoes') for an individual with diabetes, if--
``(A) the physician who is managing the
individual's diabetic condition--
``(i) documents that the individual has
diabetes;
``(ii) certifies that the individual is
under a comprehensive plan of care related to
the individual's diabetic condition; and
``(iii) documents agreement with the
prescribing podiatrist or other qualified
physician (as established by the Secretary)
that it is medically necessary for the
individual to have therapeutic shoes;
``(B) the therapeutic shoes are prescribed by a
podiatrist or other qualified physician (as established
by the Secretary) who--
``(i) examines the individual and
determines the medical necessity for the
individual to receive the therapeutic shoes;
and
``(ii) communicates in writing the medical
necessity to a certifying doctor of medicine or
osteopathy for the individual to have
therapeutic shoes along with findings that the
individual has peripheral neuropathy with
evidence of callus formation, a history of pre-
ulcerative calluses, a history of previous
ulceration, foot deformity, previous
amputation, or poor circulation; and
``(C) the therapeutic shoes are fitted and
furnished by a podiatrist or other qualified supplier
individual (as established by the Secretary), such as a
pedorthist or orthotist, who is not the physician
described in subparagraph (A) (unless the Secretary
finds that the physician is the only such qualified
individual in the area);''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to items and services furnished on or after January
1, 2024.
(c) Rule of Construction.--Nothing in this section shall be
construed as expanding Medicare coverage for therapeutic shoes for
individuals with diabetes.
SEC. 4. BUDGET SAVINGS: STRENGTHENING MEDICAID PROGRAM INTEGRITY
THROUGH CONTINUOUS LEVY ON PAYMENTS TO MEDICAID PROVIDERS
AND SUPPLIERS.
(a) In General.--Section 6331(h)(2) of the Internal Revenue Code of
1986 (defining specified payment) is amended by striking ``and'' at the
end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(D) any payment to any Medicaid provider or
supplier under a State plan under title XIX of the
Social Security Act.''.
(b) Effective Date.--The amendments made by this section shall
apply to levies issued after the date of the enactment of this Act.
<all>
</pre></body></html>
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118HR1635 | To amend title 38, United States Code, to increase the amount of survivors' and dependents' educational assistance provided to an eligible individual pursuing a program of education at an institution in the Republic of the Philippines. | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1635 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1635
To amend title 38, United States Code, to increase the amount of
survivors' and dependents' educational assistance provided to an
eligible individual pursuing a program of education at an institution
in the Republic of the Philippines.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mrs. Kiggans of Virginia (for herself and Mr. Levin) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to increase the amount of
survivors' and dependents' educational assistance provided to an
eligible individual pursuing a program of education at an institution
in the Republic of the Philippines.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INCREASE OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL
ASSISTANCE FOR PROGRAMS OF EDUCATION IN REPUBLIC OF
PHILIPPINES.
Section 3532 of title 38, United States Code, is amended--
(1) by striking subsection (d); and
(2) by resdesignating subsections (e) through (g) as
subsections (d) through (f), respectively.
<all>
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|
118HR1636 | DEJOY Act | [
[
"K000391",
"Rep. Krishnamoorthi, Raja [D-IL-8]",
"sponsor"
]
] | <p><strong>Delivering Envelopes Judiciously On-time Year-round Act or the DEJOY Act</strong></p> <p>This bill requires the U.S. Postal Service (USPS) to maintain the service standards for first-class mail that were in effect on January 1, 2021. The Postmaster General proposed in March 2021 a 10-year restructuring plan for the USPS that would lengthen the permissible mail-delivery window. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1636 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1636
To amend title 39, United States Code, to maintain certain service
standards for first-class mail, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Krishnamoorthi introduced the following bill; which was referred to
the Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 39, United States Code, to maintain certain service
standards for first-class mail, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delivering Envelopes Judiciously On-
time Year-round Act'' or the ``DEJOY Act''.
SEC. 2. SERVICE STANDARDS FOR FIRST-CLASS MAIL.
Section 3691 of title 39, United States Code, is amended by adding
at the end the following:
``(e) Service Standards for First-Class Mail.--Notwithstanding any
other provision of this title, the service standards for first-class
mail shall be such standards as in effect on January 1, 2021.''.
<all>
</pre></body></html>
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118HR1637 | Comprehensive Care for Alzheimer’s Act | [
[
"L000585",
"Rep. LaHood, Darin [R-IL-16]",
"sponsor"
],
[
"C001053",
"Rep. Cole, Tom [R-OK-4]",
"cosponsor"
],
[
"T000469",
"Rep. Tonko, Paul [D-NY-20]",
"cosponsor"
],
[
"H001038",
"Rep. Higgins, Brian [D-NY-26]",
"cosponsor"
],
[
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"Rep. Duncan, Jeff [R-SC-3]",
"cosponsor"
],
[
"B001300",
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"cosponsor"
],
[
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"cosponsor"
],
[
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"cosponsor"
],
[
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"cosponsor"
],
[
"C001103",
"Rep. Carter, Earl L. \"Buddy\" [R-GA-1]",
"cosponsor"
],
[
"W000797",
"Rep. Wasserman Schultz, Debbie [D-FL-25]",
"cosponsor"
],
[
"N000191",
"Rep. Neguse, Joe [D-CO-2]",
"cosponsor"
],
[
"M000871",
"Rep. Mann, Tracey [R-KS-1]",
"cosponsor"
],
[
"F000475",
"Rep. Finstad, Brad [R-MN-1]",
"cosponsor"
],
[
"C001090",
"Rep. Cartwright, Matt [D-PA-8]",
"cosponsor"
],
[
"P000607",
"Rep. Pocan, Mark [D-WI-2]",
"cosponsor"
],
[
"T000483",
"Rep. Trone, David J. [D-MD-6]",
"cosponsor"
],
[
"P000616",
"Rep. Phillips, Dean [D-MN-3]",
"cosponsor"
],
[
"S000168",
"Rep. Salazar, Maria Elvira [R-FL-27]",
"cosponsor"
],
[
"S001207",
"Rep. Sherrill, Mikie [D-NJ-11]",
"cosponsor"
]
] | <p><b>Comprehensive Care for Alzheimer's Act</b></p> <p>This bill allows the Center for Medicare and Medicaid Innovation (CMMI) to test a Dementia Care Management Model that provides comprehensive care to Medicare beneficiaries with Alzheimer's disease or a related dementia.</p> <p>Under the model, participating health care providers receive payment under Medicare for comprehensive care management services that are provided to individuals with diagnosed dementia, excluding Medicare Advantage enrollees, hospice care recipients, and nursing home residents. Required services include medication management, care coordination, and health, financial, and environmental monitoring, as well as trainings and other support services for unpaid caregivers. Providers must furnish services through interdisciplinary teams and must ensure access to a team member or primary care provider 24-7. The CMMI must set payments and determine quality measures for the model in accordance with specified requirements. </p> <p>The bill also allows the CMMI to design a similar model under Medicaid.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1637 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1637
To recommend that the Center for Medicare and Medicaid Innovation test
the effect of a dementia care management model, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. LaHood (for himself, Mr. Cole, Mr. Tonko, and Mr. Higgins of New
York) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To recommend that the Center for Medicare and Medicaid Innovation test
the effect of a dementia care management model, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Care for Alzheimer's
Act''.
SEC. 2. CMI TESTING OF DEMENTIA CARE MANAGEMENT.
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is
amended--
(1) in subsection (b)(2)(B), by adding at the end the
following new clause:
``(xxviii) Furnishing comprehensive care
management services to eligible individuals
with Alzheimer's disease or a related dementia
through a Dementia Care Management Model, as
described in subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Dementia Care Management Model.--
``(1) Description of model and requirements.--
``(A) In general.--The Dementia Care Management
Model described in this subsection is a model under
which payments are made under title XVIII to eligible
entities that furnish comprehensive care management
services to eligible individuals with Alzheimer's
disease or a related dementia, in order to test the
effectiveness of comprehensive care management services
on patient health, care quality, and care experience,
as well as on unpaid caregivers, and on reducing
spending under title XVIII without reducing the quality
of care.
``(B) Voluntary participation.--Participation under
the Dementia Care Management Model shall be voluntary
with respect to both eligible individuals and eligible
entities.
``(C) Implementation of dementia care management
model.--
``(i) In general.--The Secretary shall--
``(I) implement the Dementia Care
Management Model as a stand-alone
model;
``(II) incorporate the Dementia
Care Management Model into the Primary
Care First Model; or
``(III) incorporate the Dementia
Care Management Model into--
``(aa) the Primary Care
First Model; and
``(bb) the Direct
Contracting Model.
``(ii) Additional authority.--In addition
to the models described in subclauses (I)
through (III) of clause (i), the Secretary may
incorporate the Dementia Care Management Model
into other existing coordinated care models
established under title XVIII or under this
section, including accountable care
organizations, value-based purchasing
arrangements, and such other coordinated care
models as the Secretary determines to be
appropriate.
``(2) Comprehensive care management services defined.--In
this subsection, the term `comprehensive care management
services' means the following services furnished by an eligible
entity with respect to an eligible individual:
``(A) Continuous monitoring and assessment.--An
eligible entity shall regularly assess and continuously
monitor the following:
``(i) Neuropsychiatric symptoms, including
behavior, physical safety, and function of an
eligible individual.
``(ii) Comorbidities.
``(iii) Financial resources and needs.
``(iv) Caregiver supports and resources,
including caregiver education, training, and
support.
``(v) The well-being of unpaid caregivers
of the eligible individual.
``(vi) Potential risks and harms of the
eligible individual's home and environment and
the need for support for activities of daily
living.
``(B) Ongoing dementia care plan.--An eligible
entity shall develop and implement an Alzheimer's
disease or related dementia care plan, including
advance care planning as appropriate, for an eligible
individual. The care plan shall include patient-
centered goals for the eligible individual as well as
goals for unpaid caregivers of the eligible individual.
Such care plan shall be continuously evaluated and
modified as appropriate.
``(C) Psychosocial interventions.--An eligible
entity may implement psychosocial interventions
designed to prevent or reduce the burden of cognitive,
functional, behavioral, and psychological challenges as
well as the associated stress on unpaid caregivers of
the eligible individual.
``(D) Self-management tools.--An eligible entity
shall provide self-management tools to enhance the
skills of the unpaid caregiver of the eligible
individual to manage the Alzheimer's disease or related
dementia of the eligible individual and to navigate the
health care system. Such tools shall include training
and support for unpaid caregivers in managing the
limitations of eligible individuals, including
education, problem solving strategies, care navigation
support, support after discharge from a hospital or
nursing home, and decision-making support.
``(E) Medication management.--An eligible entity
shall furnish evidence-based medication review and
management services to an eligible individual,
including polypharmacy management, using a planned
process to reduce or stop medications that may no
longer be of benefit or may be having adverse cognitive
effects, prescribing approved medications, and
enhancing adherence to appropriate medications.
``(F) Treatment of related conditions.--An eligible
entity shall provide interventions to prevent or treat
conditions related to the Alzheimer's disease or
related dementia of the eligible individual, such as
depression and delirium.
``(G) Care coordination.--An eligible entity shall
provide ongoing care management services and shall
coordinate services and supports among providers of
services and suppliers, as well as social and community
resources. Such services shall include necessary
assistance for referrals to social and community-based
organizations, collaboration with primary care
providers and the interdisciplinary team of the
eligible individual, and support for care transitions
and continuity of care.
``(H) Exclusion of palliative care and hospice
care.--Comprehensive care management services shall not
include palliative care or hospice care.
``(I) Other services.--The Secretary may require or
permit other services, as appropriate.
``(3) Eligible entity defined.--In this subsection, the
term `eligible entity' means an entity, such as a health
system, hospital, physician or nonphysician group practice,
multiple physician practices, a Federally qualified health
center, a rural health clinic, or an accountable care
organization, that--
``(A) is qualified to furnish comprehensive care
management services to an eligible individual, and any
unpaid caregiver of such eligible individual, under the
Dementia Care Management Model either directly or
through arrangements with Medicare participating
providers of services and suppliers as well as social
and community-based organizations;
``(B) is accountable for the quality of
comprehensive care management services furnished to an
eligible individual under the model;
``(C) furnishes comprehensive care management
services through an interdisciplinary team that has at
least 1 physician, physician assistant, nurse
practitioner, or advanced practice nurse who devotes 25
percent or more of patient contact time to the
evaluation and care of patients with acquired cognitive
impairment;
``(D) furnishes comprehensive care management
services in a culturally appropriate manner;
``(E) utilizes a comprehensive, person-centered
care management approach;
``(F) furnishes wellness and healthcare planning,
including medication review and management;
``(G) supports family and caregiver engagement;
``(H) provides access to a primary care provider or
a member of the interdisciplinary team 24 hours a day 7
days a week;
``(I) has relationships with medical and nonmedical
community-based organizations that support patients
with Alzheimer's disease or a related dementia and
their caregivers; and
``(J) meets such other requirements as the
Secretary may determine to be appropriate.
``(4) Eligible individual defined.--In this subsection, the
term `eligible individual' means an individual--
``(A) who--
``(i) is entitled to, or enrolled for,
benefits under part A of title XVIII and
enrolled under part B of such title (including
such an individual who is a dual eligible
individual described in subsection
(a)(4)(A)(iii)); and
``(ii) is not enrolled under part C of such
title or under a PACE program under section
1894;
``(B) who has been diagnosed with a form of
dementia;
``(C) who has not made an election to receive
hospice care; and
``(D) who is not a resident of a nursing home.
``(5) Patient pathways.--
``(A) Initial placement.--
``(i) Placement of patients into care
pathways.--An eligible entity shall assign an
eligible individual to an appropriate pathway
(as described in clauses (ii), (iii), and (iv))
based on an assessment of the clinical and
financial status of the eligible individual
that is conducted not later than 60 days after
the eligible individual is enrolled in the
model.
``(ii) Pathway for uncomplicated dementia
diagnosis.--During the preceding 12-month
period, the eligible individual has not more
than 1 unplanned inpatient hospitalization or
visit to a hospital emergency department.
``(iii) Pathway for dementia diagnosis with
enhanced care coordination needs.--During the
preceding 12-month period, the eligible
individual--
``(I)(aa) has 2 or more unplanned
inpatient hospitalizations or visits to
a hospital emergency department; or
``(bb) has a psychiatric
hospitalization; and
``(II) has sufficient financial or
caregiver resources (as determined by
the Secretary).
``(iv) Pathway for dementia diagnosis with
complex care needs.--During the preceding 12-
month period, the eligible individual--
``(I)(aa) has 2 or more unplanned
inpatient hospitalizations or visits to
a hospital emergency department; or
``(bb) has a psychiatric
hospitalization; and
``(II) has insufficient financial
or caregiver resources (as determined
by the Secretary).
``(B) Regular patient assessments for appropriate
pathway.--
``(i) In general.--After determination of
the initial pathway, at a frequency to be
determined by the Secretary, but not less than
once per year, an eligible entity shall
reassess the pathway determination of each
eligible individual enrolled under the model.
``(ii) Increased adl limitations.--Each
eligible individual enrolled in the pathway for
uncomplicated dementia diagnosis (as described
in subparagraph (A)(ii)) who has had increased
limitations in performing activities of daily
living since the prior assessment shall be
assigned to the pathway for dementia diagnosis
with enhanced care coordination needs (as
described in subparagraph (A)(iii)) or the
pathway for dementia diagnosis with complex
care needs (as described in subparagraph
(A)(iv)), depending on the eligible
individual's financial and caregiver resources
applicable to each pathway.
``(iii) Enhanced or complex care needs.--
Each eligible individual enrolled in the
pathway for dementia diagnosis with enhanced
care coordination needs (as described in
subparagraph (A)(iii)) or the pathway for
dementia diagnosis with complex care needs (as
described in subparagraph (A)(iv)) shall be
assigned to 1 of the 2 pathways based on the
eligible individual's financial and caregiver
resources applicable to each pathway.
``(6) Quality assessment.--
``(A) In general.--The Secretary shall specify
appropriate measures to assess the quality of care
furnished by an eligible entity under the Dementia Care
Management Model. Such measures shall include, as
appropriate, measures for clinical processes and
outcomes, patient and caregiver experience of care, and
utilization of services for which payment is made under
the original medicare fee-for-service program under
title XVIII, including measures for--
``(i) emergency department utilization;
``(ii) inpatient hospital utilization;
``(iii) documented advanced care plan;
``(iv) medication review;
``(v) screening for future fall risk;
``(vi) depression screening for caregivers;
``(vii) caregiver stress assessment; and
``(viii) caregiver assessment of outcomes.
``(B) Reporting.--An eligible entity shall submit
data in a form and manner determined by the Secretary
on measures specified by the Secretary.
``(C) Performance assessment.--In order to assess
the quality of care furnished by an eligible entity
under the model, the Secretary shall establish--
``(i) quality performance standards; and
``(ii) methodologies for quality
performance scoring and related payment
adjustments.
``(D) Stakeholder input.--The Secretary shall seek
input from eligible entities on final measure
specifications, including appropriate adjustment for
patient preferences.
``(7) Payments.--
``(A) In general.--Under the Dementia Care
Management Model, the Secretary shall establish payment
amounts for care management services furnished to
eligible individuals, including initial investment
costs. Such amounts shall reflect start-up costs and
initial investments incurred by an eligible entity in
establishing the Dementia Care Management Model.
``(B) Capitated basis.--Payments under the Dementia
Care Management Model shall be made on a capitated
basis, such as a per-member, per-month payment, or such
other similar payment mechanisms that the Secretary
determines to be appropriate. Payments shall vary based
on the assigned pathway of each patient as described in
paragraph (5).
``(C) Quality bonus.--Under the Dementia Care
Management Model, additional payments shall be made to
any eligible entity for quality bonuses based on the
performance of the eligible entity in providing quality
care (as determined under paragraph (6)).
``(D) Zero cost-sharing.--An eligible individual
shall not be liable for any cost-sharing, including
deductibles, coinsurance, or copayments, for care
management services for dementia care furnished to such
eligible individual under the model.
``(E) Supplemental to payments for covered
services.--Payments made under the model shall be in
addition to any payments for items or services not
provided under the model for which payment may be made
under title XVIII for services furnished to such
eligible individuals.
``(F) Nonduplication.--Payments for care management
services furnished to eligible individuals under the
Dementia Care Management Model may not duplicate
payments for services furnished to such eligible
individuals for which payments are made under the
original medicare fee-for-service program under title
XVIII.
``(8) Waivers.--The Secretary shall waive provisions of
this title, and title XVIII, to permit an eligible entity
operating a Dementia Care Management Model to provide the
following:
``(A) Beneficiary rewards.--Gift cards or other
rewards for patients who successfully participate in
the program (as determined by the Secretary).
``(B) Caregivers.--Supports for caregivers.
``(C) Telehealth.--Telehealth services without
regard to geographic or other originating site
limitations under section 1834(m).
``(D) Services from community organizations.--
Payments, cost-sharing support, or both, for nonmedical
services furnished by community-based organizations,
such as limited caregiving services, respite care,
adult day care counseling services, and such other
services as the Secretary determines to be appropriate.
``(9) Modifications for application in the primary care
first and direct contracting models.--
``(A) In general.--Except as provided under
subparagraph (B), if the Secretary elects to
incorporate the Dementia Care Management Model into the
Primary Care First Model, the Direct Contracting Model,
or both, as provided for under paragraph (1)(C)(i), the
Secretary shall maintain the requirements of this
subsection.
``(B) Permissible modifications.--The Secretary may
adjust the requirements of this subsection to the
extent necessary to ensure consistency of the Dementia
Care Management Model with the Primary Care First
Model, the Direct Contracting Model, or both, with
respect to--
``(i) any eligible entity, including
beneficiary alignment thresholds;
``(ii) any eligible individual;
``(iii) capitated payments; and
``(iv) quality-bonus payments.
``(C) Consultation with stakeholders.--Prior to
making any adjustment under subparagraph (B), the
Secretary shall consult with appropriate stakeholders
and patient advocacy organizations.
``(10) Outreach to underrepresented minority populations.--
An eligible entity shall carry out public outreach and
education efforts, including the dissemination of information,
for members of underrepresented minority populations regarding
participation in the Dementia Care Management Model to ensure
diversity in the patient population of such model.
``(11) Option to expand to medicaid.--The Secretary may
design a model under which payments are made under title XIX,
in a similar manner to the manner in which payments are made
under title XVIII under the Dementia Care Management Model
described in this subsection, to eligible entities that furnish
comprehensive care management services to individuals who are
eligible for medical assistance under a State plan under title
XIX (or a waiver of such a plan) with Alzheimer's disease or a
related dementia, in order to test the effectiveness of
comprehensive care management services on patient health, care
quality, and care experience, as well as on unpaid caregivers,
and on reducing spending under title XIX without reducing the
quality of care.''.
<all>
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118HR1638 | Improving Access to Mental Health Act of 2023 | [
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] | <p><b>Improving Access to Mental Health Act of </b><b>2023</b></p> <p>This bill increases the Medicare reimbursement rate for clinical social worker services. The bill excludes clinical social worker services from the prospective payment system in which predetermined amounts form the basis for payment under Medicare.</p> <p>Additionally, the bill alters the definition of <em>clinical social worker services</em> as it relates to Medicare. Under current law, such services (1) include services performed for the diagnosis and treatment of mental illnesses, and (2) exclude services furnished to an inpatient of a skilled nursing facility as a condition of the facility's participation in the Medicare program. The bill repeals these provisions and instead specifies that such services include certain types of health behavior assessment and intervention.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1638 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1638
To amend title XVIII of the Social Security Act to improve access to
mental health services under the Medicare program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Ms. Lee of California (for herself, Mr. Fitzpatrick, Mr. Pocan, Ms.
Blunt Rochester, Ms. Tokuda, Mr. Trone, Ms. McCollum, Ms. Schakowsky,
Mr. Lynch, Mr. Cohen, Mr. Garcia of Illinois, Mr. Smith of Washington,
Mrs. Watson Coleman, Ms. Scanlon, Ms. Kuster, Mr. Carter of Louisiana,
Ms. Porter, Mr. Tonko, and Mr. Grijalva) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to improve access to
mental health services under the Medicare program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Mental Health
Act of 2023''.
SEC. 2. IMPROVED ACCESS TO MENTAL HEALTH SERVICES UNDER THE MEDICARE
PROGRAM.
(a) Access to Clinical Social Workers.--Section 1833(a)(1)(F)(ii)
of the Social Security Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is amended by
striking ``75 percent of the amount determined for payment of a
psychologist under clause (L)'' and inserting ``85 percent of the fee
schedule amount provided under section 1848''.
(b) Access to Clinical Social Worker Services Provided to Residents
of Skilled Nursing Facilities.--
(1) Exclusion of clinical social worker services from the
skilled nursing facility prospective payment system.--Section
1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C.
1395yy(e)(2)(A)(ii)) is amended by inserting ``clinical social
worker services,'' after ``qualified psychologist services,''.
(2) Conforming amendment.--Section 1861(hh)(2) of the
Social Security Act (42 U.S.C. 1395x(hh)(2)) is amended by
striking ``and other than services furnished to an inpatient of
a skilled nursing facility which the facility is required to
provide as a requirement for participation''.
(c) Access to the Complete Set of Clinical Social Worker
Services.--Section 1861(hh)(2) of the Social Security Act (42 U.S.C.
1395x(hh)(2)), as amended by subsection (b)(2), is amended--
(1) by striking ``for the diagnosis and treatment of mental
illnesses (other than services'' and inserting ``, including
services for the diagnosis and treatment of mental illnesses or
services for health and behavior assessment and intervention
(identified as of January 1, 2023, by HCPCS codes 96156, 96158-
96161, 96164-96168, and 96170-96171 (and any succeeding codes))
but not including services''; and
(2) by striking ``inpatient of a hospital)'' and inserting
``inpatient of a hospital,''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2024.
<all>
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118HR1639 | VA Zero Suicide Demonstration Project Act of 2023 | [
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[From the U.S. Government Publishing Office]
[H.R. 1639 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1639
To direct the Secretary of Veterans Affairs to establish the Zero
Suicide Initiative pilot program of the Department of Veterans Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mrs. Lee of Nevada (for herself, Mr. Tony Gonzales of Texas, Mr.
Sablan, Mrs. Gonzalez-Colon, Ms. Brownley, Mr. Hudson, Mr. Allred, and
Ms. Slotkin) introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Veterans Affairs to establish the Zero
Suicide Initiative pilot program of the Department of Veterans Affairs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VA Zero Suicide Demonstration
Project Act of 2023''.
SEC. 2. ZERO SUICIDE INITIATIVE PILOT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
establish a pilot program called the ``Zero Suicide Initiative''
(referred to in this section as the ``program'').
(b) Curriculum.--The program shall implement the curriculum of the
Zero Suicide Institute of the Education Development Center (referred to
in this section as the ``Institute'') to improve safety and suicide
care for veterans, thereby significantly reducing rates of suicide.
(c) Development.--
(1) In general.--The first year of the program shall be
dedicated to program development, including planning and site
selection.
(2) Consultation.--In developing the program, the Secretary
shall consult with--
(A) the Secretary of Health and Human Services;
(B) the National Institutes of Health;
(C) public and private institutions of higher
education;
(D) educators;
(E) experts in suicide assessment, treatment, and
management;
(F) veterans service organizations; and
(G) professional associations the Secretary of
Veterans Affairs determines relevant to the purposes of
the program.
(d) Staff Leaders; Program Elements.--The program shall consist of
not less than ten weeks of education regarding suicide care, beginning
with the selection of five to ten staff leaders from each site selected
under subsection (e) who shall carry out the following program
elements:
(1) Complete the organizational self-study of the Institute
as a team.
(2) Attend the two-day Zero Suicide Academy of the
Institute.
(3) Formulate a plan to collect data to support evaluation
and quality improvement using the data elements worksheet of
the Institute.
(4) Communicate to staff at the respective site the
adoption of a specific suicide care approach.
(5) Administer the workforce survey of the Institute to all
staff at the respective site to learn more about perceived
comfort with and competence in caring for patients at risk of
suicide.
(6) Review, develop, and implement training on processes
and policies regarding patients at risk of suicide, including--
(A) screening;
(B) assessment;
(C) use of electronic health records;
(D) risk formulation;
(E) treatment; and
(F) care transition.
(e) Sites.--
(1) Number.--The Secretary shall carry out the program at
five medical centers of the Department of Veterans Affairs, one
of which primarily serves veterans who live in rural and remote
areas as determined by the Secretary.
(2) Timeline.--The Secretary shall select--
(A) 15 candidate sites for the program not later
than 180 days after the date of the enactment of this
Act; and
(B) the final five sites not later than 270 days
after the date of the enactment of this Act.
(3) Consultation.--In selecting sites at which to carry out
the program, the Secretary shall consult with experts including
officials of--
(A) the National Institute of Mental Health;
(B) the Substance Abuse and Mental Health Services
Administration of the Department of Health and Human
Services;
(C) the Office of Mental Health and Suicide
Prevention of the Department of Veterans Affairs;
(D) the Health Services Research Division of the
Department of Veterans Affairs;
(E) the Office of Health Care Transformation of the
Department of Veterans Affairs; and
(F) the Zero Suicide Institute.
(4) Factors.--In selecting sites for the program, the
Secretary shall consider the following factors:
(A) Interest in, and capacity of, the staff of the
medical centers to implement the program.
(B) Geographic variation.
(C) Variations in size of medical centers.
(D) Regional suicide rates of veterans.
(E) Demographic and health characteristics of
populations served by each medical center.
(f) Annual Progress Report.--
(1) In general.--Not later than two years after the date on
which the Secretary establishes the program, and annually
thereafter until termination of the program, the Secretary
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the program.
(2) Elements.--Each report under paragraph (1) shall
include the following:
(A) Progress of staff leaders at each site in
carrying out tasks under paragraphs (1) through (5) of
subsection (d).
(B) The percentage of staff at each site trained
under paragraph (6) of subsection (d).
(C) An assessment of whether policies and
procedures implemented at each site align with
standards of the Institute with regards to--
(i) suicide screening;
(ii) lethal means counseling;
(iii) referrals for comprehensive
assessment of suicidality;
(iv) safety planning for patients receiving
referrals under clause (iii);
(v) risk management during care
transitions; and
(vi) outreach to high-risk patients.
(D) A comparison of the suicide-related outcomes at
program sites and those of other medical centers of the
Department of Veterans Affairs, including--
(i) the percentage of patients screened for
suicide risk;
(ii) the percentage of patients counseled
in lethal means safety;
(iii) the percentage of patients screened
for suicide risk referred for comprehensive
assessment of suicidality;
(iv) the percentage of patients referred
for comprehensive assessment who complete
safety planning;
(v) emergency department utilization;
(vi) inpatient psychiatric
hospitalizations;
(vii) the number of suicide attempts among
all patients and among patients referred for
comprehensive assessment of suicidality; and
(viii) the number of suicide deaths among
all patients and among patients referred for
comprehensive assessment of suicidality.
(g) Final Report.--
(1) In general.--Not later than one year after the
termination of the program, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a final
report.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A detailed analysis of information in the
annual reports under subsection (f).
(B) An evaluation of the effectiveness and outcomes
of the program, including an evaluation of all data
collected during the program.
(C) The determination of the Secretary whether it
is feasible to continue the program.
(D) The recommendations of the Secretary whether to
expand the program to additional sites, extend the
program, or make the program permanent.
(h) Termination; Extension.--
(1) In general.--Subject to paragraph (2), the program
shall terminate on the date that is five years after the date
on which the Secretary establishes the program under subsection
(a).
(2) Authority to extend.--The Secretary may extend the
program for not more than two years if the Secretary notifies
Congress in writing of such extension not less than 180 days
before the termination date under paragraph (1).
<all>
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118HR164 | Close Biden’s Open Border Act | [
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] | <p><strong>Close Biden's Open Border Act</strong></p> <p>This bill provides $15 billion for the Department of Homeland Security to construct a border wall along the southern border of the United States. </p> <p>It also imposes a two-year moratorium on funding for U.S. contributions to the United Nations (U.N.). During the two-year period, funds may not be authorized or otherwise made available for contributions to the U.N.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 164 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 164
To provide appropriations for a border wall and provide for a
moratorium on certain other funding, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Good of Virginia (for himself, Mr. Rosendale, Mr. Tiffany, Mr.
Gaetz, Mrs. Miller of Illinois, and Mr. Massie) introduced the
following bill; which was referred to the Committee on Appropriations,
and in addition to the Committee on Foreign Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide appropriations for a border wall and provide for a
moratorium on certain other funding, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Close Biden's Open Border Act''.
SEC. 2. BORDER WALL FUNDING.
(a) In General.--There is appropriated, out of any amounts in the
Treasury not otherwise appropriated, $15,000,000,000 for the Secretary
of Homeland Security to construct a border wall along the southern
border of the United States. To the extent available, such amounts
shall be derived from the unobligated balance of amounts appropriated
(as of the day before the date of the enactment of this Act) for the
purpose described in subsection (b).
(b) Moratorium.--Notwithstanding any other provision of law, no
amounts may be authorized to be appropriated or otherwise made
available, during the 2-year period beginning on the date of the
enactment of this Act, for United States contributions to the United
Nations.
<all>
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118HR1640 | Save Our Gas Stoves Act | [
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] | <p><b>Save Our Gas Stoves Act</b></p> <p>This bill places limits on energy conservation standards for kitchen ranges or ovens under the Energy Policy and Conservation Act.</p> <p>The Department of the Energy (DOE) may not prescribe or amend energy conservation standards for kitchen ranges or ovens if they would result in the unavailability of a product on account of the type of fuel the range or oven uses. </p> <p>In addition, DOE may not finalize, implement, or enforce the proposed rule titled <i>Energy Conservation Program: Energy Conservation Standards for Consumer Conventional Cooking Products</i> issued on February 1, 2023, or any substantially similar rule. The proposed rule prescribes energy conservation standards for consumer conventional cooking tops, including electric cooking tops, gas cooking tops, electrical ovens, and gas ovens.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1640 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1640
To prohibit the Secretary of Energy from finalizing, implementing, or
enforcing the proposed rule titled ``Energy Conservation Program:
Energy Conservation Standards for Consumer Conventional Cooking
Products'', and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mrs. Lesko (for herself and Mr. Burgess) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To prohibit the Secretary of Energy from finalizing, implementing, or
enforcing the proposed rule titled ``Energy Conservation Program:
Energy Conservation Standards for Consumer Conventional Cooking
Products'', and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Our Gas Stoves Act''.
SEC. 2. STANDARDS FOR KITCHEN RANGES AND OVENS.
Section 325(h) of the Energy Policy and Conservation Act (42 U.S.C.
6295(h)) is amended by adding at the end the following:
``(3) The Secretary may not determine that imposition of an energy
conservation standard under this section for kitchen ranges or ovens is
economically justified for purposes of subsection (o) unless the
Secretary determines that imposition of such energy conservation
standard is not likely to result in the unavailability in the United
States of a type (or class) of product based on what type of fuel the
product consumes.''.
SEC. 3. PROHIBITION ON RULEMAKING.
The Secretary of Energy may not finalize, implement, or enforce the
proposed rule titled ``Energy Conservation Program: Energy Conservation
Standards for Consumer Conventional Cooking Products'' (88 Fed. Reg.
6818 (February 1, 2023)) or any substantially similar rule.
<all>
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118HR1641 | USPS Subpoena Authority Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1641 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1641
To amend title 39, United States Code, to enhance the administrative
subpoena authority of the United States Postal Service, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Ms. Malliotakis (for herself and Ms. Meng) introduced the following
bill; which was referred to the Committee on Oversight and
Accountability
_______________________________________________________________________
A BILL
To amend title 39, United States Code, to enhance the administrative
subpoena authority of the United States Postal Service, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USPS Subpoena Authority Act''.
SEC. 2. UNITED STATES POSTAL SERVICE ADMINISTRATIVE SUBPOENA AUTHORITY.
Section 3016(a)(1) of title 39, United States Code, is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
(2) by striking subparagraph (A) and inserting the
following:
``(A) In general.--In any investigation relating to
a covered offense, the Postmaster General may issue in
writing and cause to be served a subpoena requiring the
production and testimony described in subparagraph (B).
In this subparagraph, the term `covered offense' means
a violation of--
``(i) any section in this chapter;
``(ii) any section of chapter 83 of title
18 insofar as such violation involves the use
of the mails;
``(iii) any other provision of law
enumerated in section 3001(a); or
``(iv) the Controlled Substances Act (21
U.S.C. 801 et seq.), insofar as such violation
involves the use of the mails.
``(B) Production and testimony.--Except as provided
in subparagraph (C), a subpoena issued under
subparagraph (A) may require--
``(i) the production of any records
(including books, papers, documents, and other
tangible things that constitute or contain
evidence) that the Postmaster General considers
relevant or material to such investigation; and
``(ii) testimony by the custodian of the
things required to be produced concerning the
production and authenticity of those things.
``(C) Application.--A subpoena issued in connection
with an investigation under section 3005(a) shall not
require testimony as set forth in subparagraph
(B)(ii).''; and
(3) in subparagraph (D), as redesignated by paragraph (1)
of this section, by amending clause (iii) to read as follows:
``(iii) delegation of subpoena approval
authority be limited to the Postal Service's
General Counsel, a Deputy General Counsel, or
the Chief Postal Inspector.''.
<all>
</pre></body></html>
| [
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 50 (Friday, March 17, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nBy Ms. MALLIOTAKIS:\nH.R. 1641.\nCongress has the power to enact this legislation pursuant\nto the following:\nArticle I, Section 8, Clause 7 and 18\nThe single subject of this legislation is:\nTo amend title 39, United States Code, to enhance the\nadministrative subpoena authority of the United States Postal\nService, and for other purposes.\n[Page H1295]\n</pre>",
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118HR1642 | Law Enforcement Officer and Firefighter Recreation Pass Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1642 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1642
To amend the Federal Lands Recreation Enhancement Act to provide for an
annual National Recreational Pass for law enforcement officers and
firefighters.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. McClintock (for himself, Mr. Johnson of Louisiana, Mr. Stauber, Mr.
Valadao, and Mr. Moylan) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Lands Recreation Enhancement Act to provide for an
annual National Recreational Pass for law enforcement officers and
firefighters.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officer and
Firefighter Recreation Pass Act''.
SEC. 2. NATIONAL RECREATIONAL PASSES FOR LAW ENFORCEMENT OFFICERS.
Section 805(b) of the Federal Lands Recreation Enhancement Act (16
U.S.C. 6804(b)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) Annual passes.--The Secretary shall make the National
Parks and Federal Recreational Lands Pass available, at no
cost, to--
``(A) a member of the Armed Forces and their
dependents; or
``(B) a law enforcement officer or firefighter,
who provide adequate proof of eligibility for such pass as
determined by the Secretary.''.
(2) by adding at the end the following:
``(4) Definitions.--In this subsection:
``(A) Firefighter.--The term `firefighter' means
any employee of the Federal Government, a State, a unit
of local government, or an Indian Tribe who performs
work directly related to suppressing fires, including
wildland fires.
``(B) Law enforcement officer.--The term `law
enforcement officer' means any officer, agent, or
employee of the Federal Government, a State, a unit of
local government, or an Indian Tribe authorized by law
or by a government agency to engage in or supervise the
prevention, detection, or investigation of any
violation of criminal law or who is authorized by law
to supervise sentenced criminal offenders.''.
<all>
</pre></body></html>
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118HR1643 | New Deal for New Americans Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1643 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1643
To establish the National Office of New Americans, to reduce obstacles
to United States citizenship, to support the integration of immigrants
into the social, cultural, economic, and civic life of the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Ms. Meng (for herself, Mr. Garcia of Illinois, Ms. Jayapal, Mr.
Blumenauer, Ms. Bush, Ms. Chu, Ms. Clarke of New York, Mr. Espaillat,
Mr. Johnson of Georgia, Ms. Kelly of Illinois, Ms. Lee of California,
Mr. McGovern, Ms. Norton, Mr. Pocan, Ms. Pressley, Ms. Scanlon, Ms.
Schakowsky, Mr. Smith of Washington, Ms. Tlaib, and Mrs. Watson
Coleman) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Education and the Workforce, House Administration, Foreign Affairs, and
Homeland Security, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the National Office of New Americans, to reduce obstacles
to United States citizenship, to support the integration of immigrants
into the social, cultural, economic, and civic life of the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New Deal for New
Americans Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--NEW AMERICANS AND INTEGRATION
Sec. 101. Definitions.
Sec. 102. National office of New Americans.
Sec. 103. Federal initiative on New Americans.
TITLE II--PROGRAMS TO PROMOTE CITIZENSHIP, INTEGRATION, AND PROSPERITY
Sec. 201. Definitions.
Sec. 202. Sense of Congress on access to legal counsel.
Sec. 203. Legal services and Immigration Assistance Grant Program.
Sec. 204. English as a Gateway to Integration Grant Program.
Sec. 205. Workforce Development and Shared Prosperity Grant Program.
Sec. 206. Department of Homeland Security grants.
Sec. 207. United States Citizenship and Integration Foundation.
Sec. 208. Pilot program to promote immigrant integration at State and
ocal levels.
Sec. 209. Authorization of appropriations for Foundation and pilot
program.
TITLE III--REDUCING BARRIERS TO CITIZENSHIP
Sec. 301. Sense of Congress.
Sec. 302. Immigration service fees.
Sec. 303. Waiver of English requirement for senior New Americans.
Sec. 304. Reduce financial obstacles to naturalization.
Sec. 305. Naturalization for certain United States high school
graduates.
Sec. 306. Family integration.
Sec. 307. Revision of grounds for deportation.
Sec. 308. Waiver to ensure access to citizenship.
Sec. 309. Naturalization ceremonies.
Sec. 310. Proud to Be a United States Citizen Program.
Sec. 311. Mission of U.S. Citizenship and Immigration Services.
Sec. 312. Automatic registration of eligible individuals.
Sec. 313. Department of Homeland Security assistance in registration.
Sec. 314. Voter protection and security in automatic registration.
Sec. 315. Effective date.
TITLE IV--REFUGEE RESETTLEMENT AND INTEGRATION
Sec. 401. Definition of Secretary.
Sec. 402. Minimum number of refugees to be admitted.
Sec. 403. Pre-arrival English language and work orientation training
for approved refugee applicants.
Sec. 404. Update of reception and placement grants.
Sec. 405. Case Management Grant Program.
Sec. 406. Increase in cash payments.
TITLE V--PROTECTIONS FOR IMMIGRANTS
Sec. 501. Personally identifiable information.
Sec. 502. Voluntary participation in integration and inclusion
activities.
SEC. 2. DEFINITIONS.
In this Act:
(1) Immigrant.--The term ``immigrant'' means an individual
who--
(A) is not a citizen or national of the United
States;
(B) is present in the United States; and
(C)(i) is in any status under the immigration laws;
or
(ii)(I) is not in any status under the
immigration laws; and
(II) intends to reside permanently
in the United States.
(2) Immigration laws.--The term ``immigration laws'' has
the meaning given the term in section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)).
(3) Refugee.--The term ``refugee'' has the meaning given
the term in section 101(a) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)).
TITLE I--NEW AMERICANS AND INTEGRATION
SEC. 101. DEFINITIONS.
In this title:
(1) Director.--The term ``Director'' means the Director of
the National Office of New Americans.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(3) Office.--The term ``Office'' means the National Office
of New Americans established by section 102(a).
SEC. 102. NATIONAL OFFICE OF NEW AMERICANS.
(a) Establishment of the National Office of New Americans.--There
is established within the Executive Office of the President an office
to be known as the ``National Office of New Americans''.
(b) Purposes.--The purposes of the Office are the following:
(1) To welcome and support immigrants and refugees in the
United States.
(2) To promote and support immigrant and refugee
integration into, and inclusion in, the social, cultural,
economic, and civic life of the United States.
(3) To ensure that the Federal Government and Federal
agencies promote the pursuit of United States citizenship among
immigrants and refugees.
(4) To ensure access to quality English language learning
programs that support the successful integration of immigrant
adults, including by enhancing--
(A) employment and career prospects and economic
integration; and
(B) social integration in local communities and
participation in civic life, including engagement with
State and local governments, schools, and private and
nonprofit community institutions.
(5) To improve access to workforce development programs,
including by ensuring that such programs meet the demand and
the unique language, training, and educational needs of
immigrants and refugees.
(6) To coordinate the efforts of Federal, State, and local
entities to support the effective social, economic, linguistic,
and civic integration of immigrants, refugees, and the children
of immigrants and refugees.
(7) To provide advice and leadership to the President,
Members of Congress, and other Federal Government officials on
the challenges and opportunities facing such entities with
respect to immigrant and refugee integration.
(8) To evaluate the scale, quality, and effectiveness of
Federal Government efforts with respect to immigrant and
refugee social and economic integration, including access to
United States citizenship, English language learning,
education, and workforce development programs.
(9) To identify the anticipated effects of new Federal
policies on existing integration efforts and advise the
President on how to address potential integration needs and the
effects of such policies.
(10) With respect to immigrant and refugee integration
efforts, to consult on a biannual basis with State and local
government officials on challenges and opportunities presented
by such efforts.
(11) With respect to the activities described in paragraphs
(8) through (10), to ensure the inclusion of the perspectives
of immigrants and refugees.
(12) With respect to the administration of the grant
programs under title II, to consult with the applicable heads
of Federal agencies.
(13) To submit to the President and the appropriate
committees of Congress a biannual report that describes the
activities of the Office and the results of the consultation
processes described in paragraphs (10) through (12).
(c) Director.--
(1) In general.--The Office shall be headed by a Director,
who shall be appointed by the President, by and with the advice
and consent of the Senate.
(2) Responsibilities.--The Director shall--
(A) establish policies, objectives, and priorities
for the Office with respect to immigrant and refugee
integration;
(B) with the assistance of the Deputy Director for
Citizenship and Inclusion, the Deputy Director for
Workforce and the Economy, the Deputy Director for
Children's Integration Success, and the Associate
Director of State and Local Affairs, carry out the
purposes of the Office, as described in subsection (b);
(C) serve as the Chair of the Federal Initiative
for New Americans established under section 103;
(D) make recommendations to the President on
changes in the organization, management, programs, and
budget of the Federal agencies to promote the
integration of immigrants and refugees;
(E) with respect to efforts to promote United
States citizenship and the integration of immigrants
and refugees, consult, support, and coordinate with
State and local governments; and
(F) serve as a member of the Domestic Policy
Council and the National Economic Council.
(3) Powers of the director.--In carrying out the
responsibilities under paragraph (2) and the purposes under
subsection (b), the Director may--
(A) select, appoint, employ, and fix compensation
of such officers and employees as may be necessary to
carry out such responsibilities and purposes;
(B) with the concurrence of the head of the
applicable Federal agency, direct the temporary
reassignment within the Federal Government of personnel
employed by such Federal agency;
(C) use for administrative purposes, on a
reimbursable basis, the available services, equipment,
personnel, and facilities of Federal, State, and local
agencies;
(D) procure the services of experts and
consultants, in accordance with section 3109 of title
5, United States Code (relating to appointments in the
Federal service) at rates of compensation for
individuals not to exceed the daily equivalent of the
rate of pay payable for level GS-18 of the General
Schedule under section 5332 of title 5, United States
Code;
(E) accept and use donations of property from
Federal, State, and local government agencies;
(F) use the mail in the same manner as other
Federal agencies; and
(G) monitor the implementation of immigrant and
refugee integration-related activities of the Federal
Government, including by--
(i) conducting program and performance
audits and evaluations of each Federal agency;
and
(ii) requesting assistance from the
Inspector General of the applicable Federal
agency in such audits and evaluations.
(d) Deputy Directors.--
(1) In general.--There shall be in the Office a Deputy
Director for Citizenship and Inclusion, a Deputy Director for
Workforce and the Economy, and a Deputy Director for Children's
Integration and Success, each of whom shall be appointed by the
President, in consultation with the Director.
(2) Responsibilities.--
(A) Deputy director for citizenship and
inclusion.--The Deputy Director for Citizenship and
Inclusion shall, among other duties as assigned by the
Director, assist the Director in promoting--
(i) inclusion of immigrants and refugees in
the social, economic, and civic life of their
communities and the United States; and
(ii) access to United States citizenship.
(B) Deputy director for workforce and the
economy.--The Deputy Director for Workforce and the
Economy shall, among other duties as assigned by the
Director, assist the Director in--
(i) promoting participation of immigrants
and refugees in the United States workforce;
and
(ii) increasing the contributions of
immigrants and refugees to the United States
economy.
(C) Deputy director for children's integration
success.--The Deputy Director for Children's
Integration Success shall, among other duties as
assigned by the Director, assist the Director in
ensuring that Federal policies and programs intended to
support the healthy development and educational success
of children are effective in reaching and serving the
children of immigrant families.
(e) Bureau of State and Local Affairs.--
(1) In general.--There is established within the Office a
Bureau of State and Local Affairs.
(2) Associate director.--
(A) In general.--The Bureau of State and Local
Affairs shall be headed by an Associate Director of
State and Local Affairs, who shall be appointed by the
President, in consultation with the Director.
(B) Duties.--The Associate Director of State and
Local Affairs shall, among other duties as assigned by
the Director, assist the Director in coordinating the
efforts of State and local entities to support the
economic, linguistic, and civic integration of
immigrants, refugees, and the children of immigrants
and refugees.
(f) Limitation.--An individual may not serve as Director, Deputy
Director for Citizenship and Inclusion, Deputy Director for Workforce
and the Economy, Deputy Director for Children's Integration Success, or
Associate Director of State and Local Affairs while serving in any
other position in the Federal Government.
(g) Access by Congress.--The establishment of the Office within the
Executive Office of the President shall not affect access to the Office
by a Member of Congress or any member of a committee of the Senate or
the House of Representatives, including access to--
(1) any information, document, or study in the possession
of, or conducted by or at the direction of, the Director; or
(2) personnel of the Office.
SEC. 103. FEDERAL INITIATIVE ON NEW AMERICANS.
(a) Establishment.--Not later than 180 days after the confirmation
of the Director of the Office, the Director shall establish within the
Office a Federal Initiative on New Americans (referred to in this
section as the ``Initiative'').
(b) Purpose.--The purposes of the Initiative are--
(1) to welcome and support immigrants and refugees in the
United States;
(2) to establish a coordinated Federal program to respond
effectively to immigrant and refugee integration issues; and
(3) to advise and assist the Director in identifying and
implementing the necessary policies to carry out such program.
(c) Membership.--The Initiative shall be composed of--
(1) the Director, who shall serve as chairperson;
(2) the Secretary of the Treasury;
(3) the Attorney General;
(4) the Secretary of Commerce;
(5) the Secretary of Labor;
(6) the Secretary of Health and Human Services;
(7) the Secretary of Housing and Urban Development;
(8) the Secretary of Education;
(9) the Secretary of Homeland Security;
(10) the Secretary of State;
(11) the Director of the Office of Refugee Resettlement;
(12) the Director of the Small Business Administration;
(13) the Director of the Office of Management and Budget;
(14) the Director of the Bureau of Consumer Financial
Protection; and
(15) any other individual--
(A) invited by the Director to participate; and
(B) who occupies a position listed under level I or
II of the Executive Schedule, as provided in sections
5312 and 5313 of title 5, United States Code.
(d) Duties.--
(1) In general.--The Initiative shall meet at the call of
the chairperson and perform such duties as the chairperson
reasonably requires.
(2) Coordinated response to immigrant and refugee issues.--
The Initiative shall join with Federal agencies in providing a
coordinated Federal response to adequately address matters that
affect the lives of immigrant and refugee families and local
communities with growing immigrant and refugee populations,
including access to--
(A) English language learning;
(B) adult education and workforce training;
(C) occupational licensure;
(D) early childhood care and education;
(E) elementary, secondary, and postsecondary
education;
(F) health care;
(G) naturalization;
(H) civic engagement;
(I) immigration assistance and legal services;
(J) economic development;
(K) language access services; and
(L) other services the Director identifies as
aiding the integration of immigrants and refugees into
the social, cultural, economic, and civic life of the
United States.
(3) Liaison with federal agencies.--
(A) In general.--Each member of the Initiative
shall serve as a liaison to the Federal agency of the
member to ensure that the Federal agency coordinates
with and responds to the recommendations of the
Initiative in a timely and meaningful manner.
(B) Duties of a liaison.--The duties of each member
as a Federal agency liaison include--
(i) developing, for the applicable Federal
agency, immigrant and refugee integration goals
and indicators;
(ii) implementing the biannual consultation
process described in section 102(b)(10) by
consulting with the State and local
counterparts of the Federal agency;
(iii) reporting to the Initiative on the
progress made by the Federal agency in
achieving the goals and indicators described in
clause (i); and
(iv) upon request by the Director and
subject to laws governing disclosure of
information, providing such information as may
be required to carry out the responsibilities
of the Director and the functions of the
Office.
(4) Recommendations of the initiative.--Not later than 1
year after the date on which the Initiative becomes fully
operational, and every 2 years thereafter, the Director shall
submit to Congress a report that includes the following:
(A) Findings from the consultation process
described in section 102(b)(10), including a
description of the immigrant and refugee integration
opportunities offered by, and integration challenges
facing, State and local governments.
(B) An assessment of the effects of, and
recommendations with respect to, pending legislation
and executive branch policy proposals.
(C) A description of the possible effects of
pending legislation and executive branch policy
proposals on immigrant and refugee integration.
(D) An identification of any Federal program or
policy that has a negative impact on immigrants,
refugees, and local communities with growing immigrant
and refugee populations, as compared to the general
population, and recommendations for changes to any such
program or policy.
(E) Recommendations on legislative solutions to
better support the successful integration of immigrants
and refugees and the children of immigrants and
refugees.
TITLE II--PROGRAMS TO PROMOTE CITIZENSHIP, INTEGRATION, AND PROSPERITY
SEC. 201. DEFINITIONS.
In this title:
(1) Foundation.--The term ``Foundation'' means the United
States Citizenship and Integration Foundation established under
section 207.
(2) Service area.--The term ``service area'' means the
jurisdiction or geographical area in which an entity carries
out activities using funds awarded under this title.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
SEC. 202. SENSE OF CONGRESS ON ACCESS TO LEGAL COUNSEL.
It is the sense of Congress that--
(1) immigration law is so complex that it is nearly
impossible, and therefore unjust, for immigrants to navigate
the immigration system without legal assistance or represent
themselves in immigration court;
(2) immigrants without legal counsel are far more likely,
as compared to immigrants with legal counsel, to be denied
immigration benefits or be deported, which may result in dire
consequences, including--
(A) the denial of lawful immigration status or
United States citizenship;
(B) loss of livelihood;
(C) the separation of an immigrant from, or the
inability of an immigrant to support, his or her
family;
(D) life-threatening danger in the country of
origin of an immigrant; and
(E) a long-term or permanent ban on reentering the
United States; and
(3) consistent with the United States values of fairness
and justice and the Fifth Amendment to the Constitution of the
United States, which guarantees all individuals the due process
of law, any individual subject to immigration proceedings or
the appeal of a proceeding before an immigration judge or the
Attorney General should have the right to be represented by
counsel, including Government-funded counsel, regardless of the
ability of the individual to pay.
SEC. 203. LEGAL SERVICES AND IMMIGRATION ASSISTANCE GRANT PROGRAM.
(a) In General.--The Attorney General, acting through the Director
of the Executive Office for Immigration Review, in consultation with
the Director of the National Office of New Americans, shall award legal
services and immigration assistance grants to eligible entities.
(b) Eligibility Criteria.--An entity eligible to receive a grant
under this section is a State or unit of local government, a Tribal
government, a private organization, a community-based organization, or
a nonprofit organization that--
(1) provides authorized direct legal assistance to
immigrants;
(2) in the case of an entity that has previously been
awarded a grant under this section, uses matching funds from
non-Federal sources, which may include in-kind contributions,
equal to 25 percent of the amount received under this section;
(3) provides immigration education, outreach, and quality
paralegal services to immigrants, in coordination with
immigration attorneys or representatives accredited by the
Recognition and Accreditation Program of the Executive Office
for Immigration Review; and
(4) submits to the Director of the Executive Office for
Immigration Review an application at such time, in such manner,
and containing such information as the Director may reasonably
require.
(c) Use of Funds.--
(1) In general.--Funds awarded under this section shall be
used to provide to eligible immigrants legal assistance
relating to the immigration status of such immigrants, or
related services, which may include--
(A) outreach and education to identify and support
immigrants in need of legal services;
(B) liaison services to connect immigrants with
trusted legal service providers, social service
organizations, and government representatives;
(C) screening to assess the eligibility of an
immigrant for any status under the immigration laws;
(D) completing applications for immigration
benefits;
(E) translation and interpretation services;
(F) gathering documents, including documents
relating to proof of identification, employment,
residence, family relationships, and tax payment;
(G) completing applications for any waiver under
the immigration laws for which an eligible immigrant
and qualifying family members may be eligible; and
(H) with respect to applications relating to United
States citizenship, assistance with application
preparation and the naturalization process, including
preparation for the English and civics exams.
(2) Eligible immigrants.--An immigrant shall be eligible to
receive the assistance described in paragraph (1) if the
immigrant is seeking--
(A) to become a lawful permanent resident or
naturalized citizen of the United States;
(B) to establish that he or she has derived or
acquired United States citizenship; or
(C) relief from removal and authorization to remain
lawfully in the United States.
(d) Conditions.--As a condition of receiving a grant under this
section, a participating entity shall--
(1) submit to the Attorney General a certification that the
proposed uses of grant funds by the entity--
(A) are consistent with this section; and
(B) meet the criteria determined by the Attorney
General, in consultation with the Director of the
National Office of New Americans; and
(2) make a reasonable effort to estimate the number of
immigrants who live in the service area.
(e) Annual Report and Evaluation.--Not later than 90 days after the
end of each fiscal year for which an entity receives grant funds under
this section, the entity shall submit to the Director of the Executive
Office for Immigration Review the following:
(1) A report that describes--
(A) each activity carried out by the entity funded
entirely or partially by the grant funds;
(B) the service area;
(C) the estimate made under subsection (d)(2);
(D) the number of immigrants who received legal
assistance funded entirely or partially by the grant
funds;
(E) a disaggregation of the costs of each service
provided using the grant funds and the average per
capita cost of providing the service; and
(F) the primary languages spoken in the service
area.
(2) An evaluation of any program of the entity for which
grant funds were used, including--
(A) an assessment of the effectiveness of the
program;
(B) recommendations for improving the program;
(C) an assessment of whether the legal services
needs of the service area have been met; and
(D) in the case of an assessment under subparagraph
(C) that such needs have not been met, a description of
the additional assistance required to meet such needs.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for fiscal years
2024 through 2025.
(g) Definitions.--In this section:
(1) Service area.--The term ``service area'' means the
jurisdiction or geographical area in which an entity carries
out activities using funds awarded under this section.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
SEC. 204. ENGLISH AS A GATEWAY TO INTEGRATION GRANT PROGRAM.
(a) Authorization.--The Assistant Secretary for Career, Technical,
and Adult Education at the Department of Education and the Assistant
Secretary for the Administration for Children and Families at the
Department of Health and Human Services (referred to in this section as
the ``Assistant Secretaries''), in consultation with the Director of
the National Office of New Americans, shall award English as a Gateway
to Integration grants to eligible entities.
(b) Eligibility.--An entity eligible to receive a grant under this
section is a State or unit of local government, a Tribal government, a
private organization, an educational institution, a community-based
organization, or a nonprofit organization that--
(1) in the case of any applicant that has previously
received a grant under this section, uses matching funds from
non-Federal sources, which may include in-kind contributions,
equal to 25 percent of the amount received from the English as
a Gateway to Integration program to carry out such program;
(2) submits to the Assistant Secretaries an application at
such time, in such manner, and containing such information as
the Assistant Secretaries may reasonably require, including--
(A) a description of the target population to be
served, including demographics, literacy levels,
integration needs, and English language levels of the
target population; and
(B) the assessment and performance measures that
the grant recipient plans to use to evaluate the
integration and English language learning progress of
students and overall success of the instruction and
program;
(3) demonstrates collaboration with public and private
entities to provide the instruction and assistance described in
subsection (c)(1);
(4) provides integration-focused English language programs
that--
(A) teach integration and English language skills
to--
(i) lower-educated individuals;
(ii) limited English proficient (LEP)
individuals; and
(iii) parents and others who are caretakers
of young children;
(B) support and promote the social, economic, and
civic integration of adult English language learners
and their families; and
(C) equip adult English language learners for
ongoing independent study and learning beyond classroom
or formal instruction; and
(5)(A) is located in 1 of the 10 States with the highest
rate of foreign-born residents; or
(B) is located in an area that has experienced a large
increase in the population of immigrants during the most recent
10-year period relative to past migration patterns, based on
data compiled by the Office of Immigration Statistics or the
United States Census Bureau.
(c) Use of Funds.--
(1) In general.--Funds awarded under this section shall be
used to provide English language and integration knowledge and
skill instruction along with student guidance and navigation
services to learners. Such instruction shall advance the
integration of students in order to help them--
(A) build their knowledge of United States history
and civics;
(B) prepare for United States citizenship and the
naturalization process;
(C) gain digital literacy;
(D) understand and support children's success
within the early childhood, K-12, and postsecondary
education systems;
(E) gain financial literacy;
(F) build an understanding of the housing market
and systems in the United States;
(G) learn about and access the United States,
State, and local health care systems;
(H) prepare for a high school equivalency diploma
or postsecondary training or education; and
(I) prepare for and secure employment.
(2) Design of program.--Funds awarded under this section
shall be used to support program designs that may include the
following elements:
(A) English language and integration knowledge and
skill instruction in a classroom setting, along with
associated guidance and navigation supports provided
that such setting is in a geographic location
accessible to the population served.
(B) English language and integration knowledge and
skill instruction programs that may incorporate online
and digital components, such as the use of mobile
phones, computers, and blended or distance learning
platforms.
(C) Educational support and specialized instruction
for adult English language learners with low levels of
literacy in their first language.
(D) Two-generation approaches designed to support
children's school success and lift family integration
trajectories.
(d) Certification.--In order to receive a payment under this
section, a participating entity shall submit to the Assistant
Secretaries a certification that the proposed uses of grant funds by
the entity are consistent with this section and meet all necessary
criteria determined by the Assistant Secretaries.
(e) Annual Report and Evaluation.--Not later than 90 days after the
end of each fiscal year for which an entity receives grant funds under
this section, the entity shall submit to the Assistant Secretaries the
following:
(1) A report that describes--
(A) the activities undertaken by the entity that
were funded entirely or partially by the grant funds;
(B) the service area;
(C) the number of immigrants in the service area;
(D) the primary languages spoken in the service
area;
(E) the number of adult English language learners
receiving assistance that was funded entirely or
partially by grant funds received by the entity under
this section; and
(F) a breakdown of the costs of the program
services provided and the average per capita cost of
providing such instruction.
(2) An evaluation of any program of the entity using grant
funds under this section, including--
(A) an assessment of--
(i) the effectiveness of such program and
recommendations for improving the program; and
(ii) whether the English language and
integration knowledge and skill instruction
needs of the service area have been met;
(B) in the case of an assessment under subparagraph
(A)(ii) that such needs have not been met, a
description of the additional assistance required to
meet such needs; and
(C) the results of any assessment or evaluation of
progress or success described in subsection (b)(2)(B).
(f) Definitions.--In this section:
(1) Adult english language learner.--The term ``adult
English language learner'' refers to an individual age 16 or
older who is not enrolled in secondary school and who is
limited English proficient.
(2) English language learner; limited english proficient.--
The terms ``English language learner'' and ``limited English
proficient'' describe an individual who does not speak English
as their primary language and who has a limited ability to
read, speak, write, or understand English.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for fiscal years
2024 through 2025.
SEC. 205. WORKFORCE DEVELOPMENT AND SHARED PROSPERITY GRANT PROGRAM.
(a) Declaration of Policy.--It is the policy of the United States--
(1) that adults shall have equitable access to education
and workforce programs that--
(A) help them learn basic skills in reading,
writing, mathematics, and the English language; and
(B) equip them with occupational skills needed to
secure or advance in employment, fill employer needs,
and support themselves and their families;
(2) to strengthen the economy by helping adults with
limited skills to attain recognized postsecondary credentials
(as defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102)); and
(3) that workforce programs for adults with limited skills
use a pre-apprenticeship or integrated education and training
approach that allows adults to acquire basic skills while
pursuing occupational or industry-specific training.
(b) Authorization.--The Assistant Secretary for Career, Technical,
and Adult Education at the Department of Education and the Assistant
Secretary for Employment and Training at the Department of Labor
(referred to in this section as the ``Assistant Secretaries''), in
consultation with the Director of the National Office of New Americans,
shall award Workforce Development and Shared Prosperity grants, on a
competitive basis, to State, local, and Tribal governments or other
qualifying entities described in subsection (c), in collaboration with
State and local governments.
(c) Qualifying Entities.--Qualifying entities under this section
may include--
(1) an educational institution;
(2) a private organization;
(3) a community-based organization; or
(4) a nonprofit organization.
(d) Eligibility.--A State, local, or Tribal government or
qualifying entity in collaboration with a State, local, or Tribal
government is eligible to receive a grant under this section provided
that the State, local, or Tribal government or entity--
(1) supports and promotes the economic integration of
immigrants;
(2) has expertise in workforce development and adult
education for the purpose of developing and implementing pre-
apprenticeship programs or integrated education and training
programs;
(3) in carrying out the grant program, includes at least
one entity--
(A) with expertise in providing training in a
workforce sector in which immigrant workers are heavily
represented or in which there is a demonstrated need
for immigrant workers to fill jobs; and
(B) with expertise in providing adult basic
education services to immigrants;
(4) uses matching funds from non-Federal sources, which may
include in-kind contributions, equal to 25 percent of the
amount received from the Workforce Development and Shared
Prosperity grants program to carry out such program; and
(5) submits to the Assistant Secretaries an application at
such time, in such manner, and containing such information as
the Assistant Secretaries may reasonably require, including--
(A) a description of the target population to be
served, including demographics, and English
proficiency, educational, and skill levels of the
target population;
(B) the specific integrated education and training
model to be implemented;
(C) how the program will be designed and
implemented by educators with expertise in adult
education, English language instruction and
occupational skills training;
(D) the occupation or industry for which the
program will prepare students for employment and the
education and training progress or employer-recognized
credentials the program is designed to support
participants in achieving;
(E) evidence of employer demand for the skills or
occupational training offered by the grant program;
(F) how the program will provide student support
services including guidance counseling in order to
promote student success; and
(G) the assessment and performance measures that
the grant recipient plans to use to evaluate--
(i) the progress of adult learners in
acquiring basic skills such as reading,
writing, mathematics, and the English language;
and
(ii) the success of the grant program in
preparing students for employment and in
helping them find employment or advance in
employment.
(e) Certification.--In order to receive a payment under this
section, a participating entity shall submit to the Assistant
Secretaries a certification that the proposed uses of grant funds by
the entity are consistent with this section and meet all necessary
criteria determined by the Assistant Secretaries in consultation with
the Director of the National Office of New Americans.
(f) Annual Report and Evaluation.--Not later than 90 days after the
end of each fiscal year for which an entity receives grant funds under
this section, the entity shall submit to the Assistant Secretaries the
following:
(1) A report that describes--
(A) the activities undertaken by the entity that
were funded entirely or partially by the grant funds;
(B) the service area;
(C) the number of immigrants in the service area;
(D) the primary languages spoken in the service
area; and
(E) a breakdown of the costs of each of the
services provided and the average per capita cost of
providing such services.
(2) An evaluation of any program of the entity using grant
funds under this section, including--
(A) an assessment of--
(i) the effectiveness of such program and
recommendations for improving the program; and
(ii) whether the adult education and
workforce development needs of the service area
have been met and if not, what further
assistance is required to meet such need;
(B) in the case of an assessment under subparagraph
(A)(ii) that such needs have not been met, a
description of the additional assistance required to
meet such needs; and
(C) the results of any assessment or evaluation of
progress or success described in subsection (d)(5)(G).
(g) Definitions.--In this section:
(1) Adult education.--The term ``adult education'' means
academic instruction and education services below the
postsecondary level that increase an individual's ability to
read, write, and speak English and perform mathematics or other
activities necessary for the attainment of a secondary school
diploma or its recognized equivalent, transition to
postsecondary education and training, or obtain employment.
(2) Integrated education and training.--The term
``integrated education and training'' means instruction that
provides adult education, literacy and English language
activities concurrently and contextually with workforce
preparation activities and workforce training for a specific
occupation or occupational cluster for the purpose of
educational and career advancement.
(3) Pre-apprenticeship program.--The term ``pre-
apprenticeship program'' means a program or set of services
designed to prepare individuals to enter and succeed in a
registered apprenticeship program.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000 for fiscal years
2024 through 2025.
SEC. 206. DEPARTMENT OF HOMELAND SECURITY GRANTS.
(a) Consideration of Grant Recipients.--With respect to grants
administered and awarded to public or private nonprofit organizations
by the Secretary of Homeland Security, unless otherwise required by
law, in making determinations about such grants, the Secretary shall
not consider enrollment in or use by such organizations of the E-Verify
Program described in section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
(b) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 to the Secretary of Homeland Security for the
Citizenship and Integration Grant Program of U.S. Citizenship and
Immigration Services to award grants to public or private nonprofit
organizations.
SEC. 207. UNITED STATES CITIZENSHIP AND INTEGRATION FOUNDATION.
(a) Establishment.--The Secretary of Homeland Security, acting
through the Director of U.S. Citizenship and Immigration Services and
in coordination with the Director of the National Office of New
Americans, shall establish a nonprofit corporation or a not-for-profit,
public benefit, or similar entity, which shall be known as the ``United
States Citizenship and Integration Foundation''.
(b) Purposes.--The purposes of the Foundation shall be--
(1) to spur innovation in the promotion and expansion of
citizenship preparation programs for individuals lawfully
admitted for permanent residence (as defined in section 101(a)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)));
(2) to evaluate and identify best practices in citizenship
promotion and preparation and to make recommendations to the
Director of U.S. Citizenship and Immigration Services and the
Director of the National Office for New Americans about how to
bring such best practices to scale;
(3) to support direct assistance for immigrants seeking
lawful permanent resident status (within the meaning of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)), or
naturalization as a United States citizen; and
(4) to support immigrant integration efforts in partnership
with State and local entities.
(c) Gifts to Foundation.--To carry out the purposes described in
subsection (b), the Foundation may--
(1) solicit, accept, and make gifts of money and other
property, in accordance with section 501(c)(3) of the Internal
Revenue Code of 1986;
(2) engage in coordinated work with the Department of
Homeland Security, including U.S. Citizenship and Immigration
Services, and the National Office of New Americans; and
(3) accept, hold, administer, invest, and spend any gift,
devise, or bequest of real or personal property made to the
Foundation.
(d) Activities.--The Foundation shall carry out the purposes
described in subsection (b) by--
(1) making United States citizenship instruction and
naturalization application services accessible to low-income
and other underserved lawful permanent resident populations;
(2) developing, identifying, and sharing best practices in
United States citizenship promotion and preparation;
(3) supporting innovative and creative solutions to
barriers faced by individuals seeking--
(A) to become naturalized citizens of the United
States; or
(B) to obtain certificates of citizenship;
(4) increasing the use of, and access to, technology in
United States citizenship preparation programs;
(5) engaging communities in the process of United States
citizenship and civic integration;
(6) fostering public education and awareness;
(7) coordinating the immigrant integration efforts of the
Foundation with the integration efforts of U.S. Citizenship and
Immigration Services and the National Office of New Americans;
and
(8) awarding grants to State and local governments
consistent with such purposes.
(e) Council of Directors.--To the extent consistent with section
501(c)(3) of the Internal Revenue Code of 1986, the Foundation shall
have a council of directors (referred to in this section as the
``Council''), which shall be comprised of--
(1) the Director of U.S. Citizenship and Immigration
Services;
(2) the Director of the National Office of New Americans;
(3) the head of the Domestic Policy Council; and
(4) 10 individuals from national private and public
nonprofit organizations that promote and assist lawful
permanent residents with naturalization.
(f) Executive Director.--
(1) In general.--The Council shall appoint an Executive
Director of the Foundation, who shall oversee the daily
operations of the Foundation.
(2) Powers.--The Executive Director shall carry out the
purposes described in subsection (b) on behalf of the
Foundation by--
(A) accepting, holding, administering, investing,
and spending any gift, devise, or bequest of real or
personal property made to the Foundation;
(B) entering into contracts and other financial
assistance agreements with individuals, public and
private organizations, professional societies, and
government agencies to carry out the activities of the
Foundation;
(C) entering into such other contracts, leases,
cooperative agreements, and other transactions as the
Executive Director considers appropriate to carry out
the activities of the Foundation; and
(D) charging such fees for professional services
provided by the Foundation as the Executive Director
considers reasonable and appropriate.
(g) Deadline.--The Secretary of Homeland Security shall ensure that
the Foundation is established and operational not later than 1 year
after the date of the enactment of this Act.
SEC. 208. PILOT PROGRAM TO PROMOTE IMMIGRANT INTEGRATION AT STATE AND
OCAL LEVELS.
(a) Grants Authorized.--The Director of the National Office of New
Americans (referred to in this section as the ``Director''), in
coordination with the Assistant Secretary for Career, Technical, and
Adult Education and the Assistant Secretary for Elementary and
Secondary Education at the Department of Education, the Assistant
Secretary for Employment and Training at the Department of Labor, the
Assistant Secretary for the Administration of Children and Families at
the Department of Health and Human Services, and the Chief of the
Office of Citizenship at U.S. Citizenship and Immigration Services,
shall establish a pilot program to award grants, on a competitive
basis, to State, local, and Tribal governments--
(1) to establish new immigrant councils to carry out
programs to integrate new immigrants; and
(2) to carry out programs to integrate new immigrants.
(b) Application.--To be considered for a grant under this section,
a State, local, or Tribal government may submit an application to the
Director at such time, in such manner, and containing such information
as the Director may reasonably require, including--
(1) a proposal to carry out 1 or more activities described
in subsection (c);
(2) the number of new immigrants who live in the
jurisdiction of the applicant; and
(3) a description of the challenges presented by
introducing and integrating new immigrants into the State,
local, or Tribal community, as applicable.
(c) Activities.--A grant awarded under this section may be used--
(1) to form a new immigrant council, which shall--
(A) consist of not fewer than 15 and not more than
19 representatives of the State, local, or Tribal
government, as applicable;
(B) include, to the extent practicable,
representatives from--
(i) the business community;
(ii) faith-based organizations;
(iii) civic organizations;
(iv) philanthropic organizations;
(v) nonprofit organizations, including
nonprofit organizations with legal and advocacy
experience working with immigrant communities;
(vi) key education stakeholders, such as
State educational agencies, local educational
agencies, community colleges, and teachers;
(vii) State, local, or Tribal economic
development agencies;
(viii) State, local, or Tribal health and
human services agencies;
(ix) State, local, or Tribal early
childhood coordinating councils; and
(x) State, local, or Tribal public
libraries; and
(C) meet not less frequently than once each
quarter;
(2) to provide subgrants to local communities, units of
local government, Tribal governments, and nonprofit
organizations (including veterans and civic organizations);
(3) to develop, implement, expand, or enhance a
comprehensive plan to introduce and integrate new immigrants
into the applicable State by--
(A) supporting English language and integration
knowledge and skills development;
(B) engaging with immigrant parents and other
primary caretakers to support the healthy development,
kindergarten readiness, and education success of
children;
(C) improving and expanding access to workforce
training programs;
(D) teaching United States history, civics, and
citizenship rights and responsibilities;
(E) improving financial literacy; and
(F) focusing on other key areas of importance with
respect to integration into the social, cultural,
economic, and civic life of the United States; and
(4) to engage receiving communities in the citizenship and
civic integration process by--
(A) increasing local service capacity;
(B) building meaningful connections between newer
immigrants and long-time residents;
(C) publicizing the contributions of receiving
communities and new immigrants; and
(D) engaging leaders from all sectors of receiving
communities.
(d) Reporting and Evaluation.--
(1) Annual report.--Not later than 90 days after the end of
each fiscal year for which an entity receives a grant under
this section, the entity shall submit to the Director an annual
report that describes--
(A) each activity carried out by the grant
recipient using grant funds;
(B) the service;
(C) the number of new immigrants in the service
area; and
(D) the primary languages spoken in the service
area.
(2) Annual evaluation.--Not later than 90 days after the
end of each fiscal year for which an entity receives a grant
under this section, the Director shall conduct an annual
evaluation of the grant program established under this
section--
(A) to assess and improve the effectiveness of the
grant program;
(B) to assess the future needs of--
(i) new immigrants; and
(ii) with respect to immigrant integration,
State, local, and Tribal governments; and
(C) to ensure that grant recipients and subgrantees
use grant funds in accordance with this section.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS FOR FOUNDATION AND PILOT
PROGRAM.
There are authorized to be appropriated for the first 2 fiscal
years after the date of the enactment of this Act such sums as may be
necessary to establish the Foundation and the pilot program described
in section 208. Such amounts may be invested and any amounts resulting
from such investments shall remain available for the operations of the
Foundation and such pilot program without further appropriation.
TITLE III--REDUCING BARRIERS TO CITIZENSHIP
SEC. 301. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the naturalization of immigrants--
(A) brings civic, economic, and social benefits to
the United States;
(B) enhances the richness and diversity of the
United States; and
(C) strengthens the United States;
(2) millions of immigrants are eligible for naturalization
but cannot access citizenship due a variety of reasons,
including cost barriers, language access, and a lack of legal
services and information;
(3) the inability of millions of eligible immigrants to
become citizens of the United States deprives the United States
and the people of the United States of civic, economic, and
social benefits; and
(4) consistent with the process for naturalization
established by the Constitution of the United States, codified
by statute, and strengthened by regulations, the Federal
Government, in coordination with State and local governments,
community-based organizations, and other stakeholders, should
establish policies and programs to encourage eligible
immigrants to apply for naturalization and to facilitate the
naturalization process, with the objective of helping 2,000,000
new Americans naturalize by the end of 2024.
SEC. 302. IMMIGRATION SERVICE FEES.
(a) In General.--Section 286(m) of the Immigration and Nationality
Act (8 U.S.C. 1356(m)) is amended to read as follows:
``(m) Immigration Service Fees.--
``(1) In general.--Except as provided in paragraph (2), all
fees designated by the Secretary of Homeland Security in
regulations as `immigration adjudication fees' shall be
deposited as offsetting receipts into the `Immigration
Examinations Fee Account' in the Treasury of the United States,
whether such fees are collected directly by the Secretary or
through clerks of courts.
``(2) Guam and virgin islands.--
``(A) Guam.--All fees described in paragraph (1)
that are received by the Secretary of Homeland Security
from applicants residing in Guam shall be remitted to
the Department of Revenue and Taxation of Guam.
``(B) Virgin islands.--All fees described in
paragraph (1) that are received by the Secretary of
Homeland Security from applicants residing in the
United States Virgin Islands shall be remitted to the
Treasury Division of the United States Virgin Islands.
``(C) Restrictions.--All fees remitted pursuant to
subparagraph (A) or (B) may not be expended for costs
associated with--
``(i) the civil revocation of
naturalization;
``(ii) Operation Second Look;
``(iii) Operation Janus;
``(iv) any activities or operations
conducted by U.S. Immigration and Customs
Enforcement (including Homeland Security
Investigations) or U.S. Customs and Border
Protection; or
``(v) any other activity or operation that
is not directly related to immigration
adjudications.
``(3) Fees for adjudication and naturalization services.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Homeland Security may set fees for
providing adjudication and naturalization services at a
level that will--
``(i) ensure recovery of the full costs of
providing such services, or a portion of such
services, including the costs of naturalization
and similar services provided without charge to
asylum applicants or other immigrants; and
``(ii) recover the full cost of
administering the collection of fees under this
paragraph, or a portion of such administrative
costs.
``(B) Report requirement before fee increase.--The
Secretary of Homeland Security may not increase any fee
under this paragraph above the level of such fee as of
January 1, 2019, before the date that is 60 days after
the date on which the Secretary submits a report to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives that--
``(i) identifies the direct and indirect
costs associated with providing adjudication
and naturalization services;
``(ii) distinguishes the costs referred to
in clause (i) from immigration enforcement and
national security costs;
``(iii) identifies the costs allocated for
premium processing services to business
customers, as prescribed under subsection (u);
``(iv) describes the extent to which the
fee prescribed in subsection (u) is set at a
level that ensures full recovery of the costs
referred to in clause (iii);
``(v) identifies the amount of funding that
is being allocated for the infrastructure
improvements in the adjudications and customer-
service processes prescribed under subsection
(u); and
``(vi) contains information regarding the
amount by which such fee will be increased.
``(C) Adjudications delay and backlog report.--The
Secretary of Homeland Security shall submit a quarterly
report to the congressional committees referred to in
subparagraph (B) that identifies each instance in
which--
``(i) the processing time of more than 10
percent of adjudications in any single category
of immigration benefits surpasses the agency's
stated processing goal as of January 1, 2019;
``(ii) the processing time of more than 5
percent of applications for legal permanent
residence surpasses 150 days; and
``(iii) the processing time of more than 5
percent of applications for naturalization
surpasses 150 days.
``(4) Fee waivers for adjudication and naturalization
services.--
``(A) No fee.--Except as provided in subparagraph
(E), if an alien's income is less than 150 percent of
the Federal poverty line, no fee shall be charged or
collected for--
``(i) an application, petition, appeal,
motion, or other service described in this
subsection; or
``(ii) the biometrics capture or background
check associated with the items described in
clause (i).
``(B) Reduced fee.--If an alien's income is less
than 250 percent of the Federal poverty line, not more
than 50 percent of the applicable fee shall be charged
or collected for an application, petition, appeal,
motion, or service described in this subsection.
``(C) Special circumstances.--If an alien is under
financial hardship due to extraordinary expenses or
other circumstances affecting his or her financial
situation to the degree that he or she is unable to pay
a fee, no fee shall be charged or collected for--
``(i) an application, petition, appeal,
motion, or other service described in this
subsection; or
``(ii) the biometrics capture or background
check associated with the items described in
clause (i).
``(D) No fee charged for waiver request.--No fee
shall be charged for a fee waiver or reduction request
described in subparagraph (A), (B), or (C).
``(E) No waiver for certain fees.--The fee for
employment-based petitions and applications prescribed
under subsection (u) may not be waived.
``(F) Means-tested benefits.--The Secretary of
Homeland Security shall consider the receipt of means-
tested benefits as a criterion for the purpose of
demonstrating eligibility for a fee waiver or reduction
under subparagraph (A), (B), or (C).
``(G) Application for fee waiver.--An alien
requesting a waiver or reduction of fees under
subparagraph (A), (B), or (C) may submit--
``(i) a completed form, as prescribed by
the Secretary; or
``(ii) an applicant-generated, written
request for permission to have their
immigration benefit request processed without
payment of the required fee.
``(H) Federal poverty line defined.--In this
paragraph, the term `Federal poverty line' has the
meaning given the term `poverty line' in section 673(2)
of the Omnibus Budget Reconciliation Act of 1981 (42
U.S.C. 9902(2)), including any revision required under
such section applicable to a family of the size
involved.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Homeland Security should set fees
under section 286(m)(3) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)(3)) at a level that ensures recovery of only
the direct costs associated with the services described in such
section; and
(2) Congress should appropriate to the Secretary of
Homeland Security such funds as may be necessary to pay for--
(A) the indirect costs associated with the services
described in such section;
(B) the adjudication of refugee and asylum
processing;
(C) the costs of administering the Systematic Alien
Verification for Entitlements Program (commonly known
as ``SAVE'');
(D) the adjudication of naturalization applications
not covered in full by the fees paid by applicants;
(E) the reduction or elimination of fees granted to
fee waiver applicants; and
(F) grants to public and private nonprofit
organizations for the purposes of citizenship and
training.
(c) Technical Amendment.--Section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356) is amended--
(1) in subsections (a) and (b), by striking ``Service''
each place such term appears and inserting ``Department of
Homeland Security'';
(2) in subsections (d), (e), (f), (h), (i), (j), (k), (l),
(n), (o), (q), (t), and (u), by striking ``Attorney General''
each place such term appears and inserting ``Secretary of
Homeland Security'';
(3) in subsection (k), (l), and (t), by striking
``Immigration and Naturalization Service'' each place such term
appears and inserting ``Department of Homeland Security''; and
(4) in subsection (r)--
(A) in paragraph (2), by striking ``Department of
Justice'' and inserting ``Department of Homeland
Security''; and
(B) in paragraphs (3) and (4), by striking
``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.
SEC. 303. WAIVER OF ENGLISH REQUIREMENT FOR SENIOR NEW AMERICANS.
Section 312 of the Immigration and Nationality Act (8 U.S.C. 1423)
is amended by striking subsection (b) and inserting the following:
``(b) The requirements under subsection (a) shall not apply to any
person who--
``(1) is unable to comply with such requirements because of
physical or mental disability, including developmental or
intellectual disability; or
``(2) on the date on which the person's application for
naturalization is filed under section 334--
``(A) is older than 65 years of age; and
``(B) has been living in the United States for
periods totaling at least 5 years after being lawfully
admitted for permanent residence.
``(c) The requirement under subsection (a)(1) shall not apply to
any person who, on the date on which the person's application for
naturalization is filed under section 334--
``(1) is older than 50 years of age and has been living in
the United States for periods totaling at least 20 years after
being lawfully admitted for permanent residence;
``(2) is older than 55 years of age and has been living in
the United States for periods totaling at least 15 years after
being lawfully admitted for permanent residence; or
``(3) is older than 60 years of age and has been living in
the United States for periods totaling at least 10 years after
being lawfully admitted for permanent residence.
``(d) The Secretary of Homeland Security may waive, on a case-by-
case basis, the requirement under subsection (a)(2) on behalf of any
person who, on the date on which the person's application for
naturalization is filed under section 334--
``(1) is older than 60 years of age; and
``(2) has been living in the United States for periods
totaling at least 10 years after being lawfully admitted for
permanent residence.''.
SEC. 304. REDUCE FINANCIAL OBSTACLES TO NATURALIZATION.
Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427)
is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) The Secretary of Homeland Security shall impose a fee in an
amount not to exceed $50 for the consideration of an application for
naturalization. Nothing in this subsection may be construed to limit
the authority of the Secretary to set adjudication fees for other
benefit applications other than naturalization in accordance with
section 286(m).''.
SEC. 305. NATURALIZATION FOR CERTAIN UNITED STATES HIGH SCHOOL
GRADUATES.
(a) In General.--Title III of the Immigration and Nationality Act
(8 U.S.C. 1401 et seq.) is amended by inserting after section 320 the
following:
``SEC. 321. CITIZENSHIP FOR CERTAIN UNITED STATES HIGH SCHOOL
GRADUATES.
``(a) Requirements Deemed Satisfied.--An alien described in
subsection (b) shall be deemed to have satisfied the requirements under
section 312(a).
``(b) Aliens Described.--An alien is described in this subsection
if the alien submits an application for naturalization under section
334 that contains--
``(1) transcripts from public or private schools in the
United States demonstrating that the alien completed--
``(A) grades 9 through 12 in the United States and
was graduated with a high school diploma; and
``(B) a curriculum that reflects knowledge of
United States history, government, and civics; and
``(2) a copy of the alien's high school diploma.''.
(b) Clerical Amendment.--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 320 the following:
``Sec. 321. Citizenship for certain United States high school
graduates.''.
(c) Applicability.--The amendments made by this section--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to applicants for naturalization who apply
for naturalization on or after such date.
(d) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
promulgate regulations to carry out the amendment made by subsection
(a).
SEC. 306. FAMILY INTEGRATION.
Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)(i)) is amended by striking ``21 years of age'' and
inserting ``18 years of age''.
SEC. 307. REVISION OF GROUNDS FOR DEPORTATION.
Section 237(a) of the Immigration and Nationality Act (8 U.S.C.
1227(a)) is amended by striking paragraph (5).
SEC. 308. WAIVER TO ENSURE ACCESS TO CITIZENSHIP.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in section 212 (8 U.S.C. 1182)--
(A) in subsection (a)(6)(C)--
(i) in clause (ii)--
(I) by inserting ``and willfully''
after ``falsely'' each place such term
appears; and
(II) in subclause (I), by striking
``or any other Federal or State law'';
and
(ii) by striking clause (iii); and
(B) in subsection (i), by amending paragraph (1) to
read as follows:
``(1) The Attorney General or the Secretary of Homeland
Security may, in the discretion of the Attorney General or the
Secretary, waive the application of subsection (a)(6)(C)(ii)
with respect to an immigrant who is the parent, spouse, son, or
daughter of a United States citizen or of an alien lawfully
admitted for permanent residence, or with respect to an alien
granted classification under clause (iii) or (iv) of section
204(a)(1)(A), if the Attorney General or the Secretary
determines that the admission to the United States of such
alien would not be contrary to the national welfare, safety, or
security of the United States.''; and
(2) in section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)), by
inserting ``and willfully'' after ``falsely'' each place such
term appears.
SEC. 309. NATURALIZATION CEREMONIES.
(a) In General.--The Chief of the Office of Citizenship of the
External Affairs Directorate of U.S. Citizenship and Immigration
Services, in consultation with the Deputy Director for Citizenship and
Inclusion of the National Office of New Americans, the Director of the
National Park Service, the Archivist of the United States, and other
appropriate Federal officials, shall develop and implement a strategy
to enhance the public awareness of naturalization ceremonies.
(b) Venues.--In developing a strategy under subsection (a), the
Chief and the Deputy Director shall consider the use of outstanding and
historic locations as venues for select naturalization ceremonies.
(c) Reporting Requirement.--The Secretary shall annually submit a
report to Congress that describes--
(1) the content of the strategy developed under subsection
(a); and
(2) the progress made towards the implementation of such
strategy.
SEC. 310. PROUD TO BE A UNITED STATES CITIZEN PROGRAM.
(a) Establishment.--Not later than January 1, 2024, the Secretary
of Homeland Security shall establish the ``Proud to Be a United States
Citizen Program'' (referred to in this section as the ``Program'') to
promote United States citizenship.
(b) Outreach Activities.--In carrying out the Program, the
Secretary shall--
(1) develop outreach materials targeted to noncitizens who
have been lawfully admitted for permanent residence to
encourage such aliens to apply to become citizens of the United
States;
(2) disseminate the outreach materials developed pursuant
to paragraph (1) through public service announcements,
advertisements, and such other media as the Secretary
determines is appropriate;
(3) conduct outreach activities targeted to noncitizens
believed to be eligible to apply for naturalization through
communications by text, email, and the United States postal
service, including--
(A) notifying individuals of their possible
eligibility to apply for naturalization;
(B) informing such individuals about the
requirements and benefits of United States citizenship;
(C) providing such individuals with partially
completed naturalization applications, using available
data about such individuals and instructions about how
to complete the application; and
(D) providing such individuals with information
about where to get free or low-cost assistance to apply
for naturalization and to prepare for the required
English and civics exams.
SEC. 311. MISSION OF U.S. CITIZENSHIP AND IMMIGRATION SERVICES.
Section 451 of the Homeland Security Act of 2002 (6 U.S.C. 271) is
amended--
(1) by striking ``Bureau of'' each place such term appears
and inserting ``U.S.''; and
(2) in subsection (a)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6), respectively;
and
(B) by inserting after paragraph (1) the following:
``(2) Mission statement.--The mission of U.S. Citizenship
and Immigration Services is to secure America's promise as a
Nation that welcomes immigrants and refugees by--
``(A) providing accurate and useful information to
its customers;
``(B) granting humanitarian, immigration, and
citizenship benefits;
``(C) promoting an awareness and understanding of
citizenship; and
``(D) ensuring the integrity of the United States
immigration system.''.
SEC. 312. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) Definitions.--In this section and section 313:
(1) Automatic registration system.--The term ``automatic
registration system'' means a system developed by a State
that--
(A) except as provided in subparagraph (B),
registers all newly naturalized individuals to vote in
elections for Federal office conducted in such State by
transferring the information necessary for voter
registration from the Department of Homeland Security
to the State voter registration database; and
(B) excludes from registration--
(i) any individual who affirmatively
declines to be registered; and
(ii) any individual who is determined to be
ineligible for registration.
(2) Newly naturalized citizen.--The term ``newly
naturalized citizen'' means an individual who--
(A) has an approved application for naturalization
as a United States citizen;
(B) has taken the oath described in section 337 of
the Immigration and Nationality Act (8 U.S.C. 1448);
and
(C) has received a certificate of naturalization
under section 338 of such Act (8 U.S.C. 1449).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Automatic Registration System for the Newly Naturalized.--
(1) In general.--The chief election official of each State
shall establish and operate an automatic registration system
for newly naturalized citizens to vote in elections for Federal
office conducted in the State, in accordance with this section.
(2) Use of department of homeland security records.--The
chief election official of each State shall--
(A) upon receiving information from the Secretary
about a newly naturalized citizen who has not declined
voter registration--
(i) ensure that such individual fulfills
any local or State qualifications to register
to vote relating to legal competency and past
criminal convictions; and
(ii) determine whether such individual is
subject to privacy protections for victims of
domestic violence or people with sensitive or
high-profile professions;
(B) not later than 15 days after receiving
information from the Secretary about an individual
pursuant to section 313, ensure that the individual is
registered to vote in elections for Federal office
conducted in the State unless the individual is
disqualified from voting by reason of incompetency or
past criminal conviction;
(C) not later than 45 days after receiving
information from the Secretary about an individual
pursuant to section 313, send written notice to the
individual, in addition to other means of notice
established under this section, of the individual's
voter registration status; and
(D) exclude from all public availability or
disclosure the voter registration records of any newly
naturalized citizens who are protected by applicable
State or local laws that prevent publication of the
home address and other personally identifying
information about victims of domestic violence and
people with sensitive or high-profile professions.
(c) Contents of Written Notice to Newly Registered Voters.--The
written notice required under subsection (b)(2)(C) shall--
(1) indicate the individual has been registered to vote;
(2) describe the substantive qualifications of an elector
in the State, as listed in the mail voter registration
application form for elections for Federal office prescribed
pursuant to section 9 of the National Voter Registration Act of
1993 (52 U.S.C. 20508);
(3) set forth the consequences for false registration;
(4) instruct the individual to cancel his or her voter
registration if he or she does not meet all of the
qualifications referred to in paragraph (2); and
(5) providing instructions for--
(A) cancelling voter registration, if necessary
pursuant to paragraph (4); and
(B) correcting any erroneous information in the
individual's voter registration record.
(d) Treatment of Individuals Younger Than 18 Years of Age.--A State
may not refuse to register a newly naturalized citizen under this
section on the grounds that the individual is younger than 18 years of
age on the date on which the Secretary receives information with
respect to the individual if the individual is at least 16 years of age
on such date.
SEC. 313. DEPARTMENT OF HOMELAND SECURITY ASSISTANCE IN REGISTRATION.
(a) In General.--The Secretary shall--
(1) assist the chief election official of each State to
carry out the functions set forth in section 312(b) in
accordance with this section; and
(2) provide each individual approved for naturalization
with a document that--
(A) informs the individual of--
(i) the substantive qualifications of an
elector in the State, as set forth in the mail
voter registration application form for
elections for Federal office prescribed
pursuant to section 9 of the National Voter
Registration Act of 1993 (52 U.S.C. 20508); and
(ii) the consequences of false voter
registration;
(B) instructs the individual to decline to register
to vote if the individual does not meet all of the
qualifications referred to in subparagraph (A)(i);
(C) informs the individual that--
(i) voter registration is voluntary; and
(ii) registering to voter or declining to
register to vote--
(I) will not affect the
individual's citizenship status;
(II) will not affect the
availability of services or benefits to
which the individual is entitled; and
(III) will not be used for other
purposes;
(D) informs the individual that affiliation or
enrollment with a political party may be required to
participate in an election to select the party's
candidate in an election for Federal office;
(E) provides any individual who accepts voter
registration the option of affiliating or enrolling
with a political party;
(F) informs the individual that he or she will not
be registered to vote if he or she--
(i) signs the document;
(ii) does not take the oath of allegiance
to the United States required for
naturalization under section 337 of the
Immigration and Nationality Act (8 U.S.C.
1448); and
(iii) is not issued a certificate of
naturalization;
(G) instructs any individual who accepts voter
registration to provide his or her residential address
or coordinates if different from his or her mailing
address on file with U.S. Citizenship and Immigration
Services;
(H) directs individuals to--
(i) sign in a designated space to decline
voter registration; or
(ii) sign in a different designated space
to attest that the individual--
(I) affirms that information
provided on the document is true and
complete to the best of the
individual's knowledge;
(II) will fulfill nationally
applicable age, citizenship, and
residency requirements to vote upon the
individual's naturalization; and
(III) accepts voter registration if
determined by State election officials
to be eligible to register in the
individual's State and municipality of
residence; and
(I) provides a phone number and other widely
accessible means of contacting U.S. Citizenship and
Immigration Services with questions about, or for
assistance with, completing sections of the document
concerning automatic voter registration, as set forth
in subsection (d).
(b) Instructions on Automatic Registration.--The Secretary shall
require each individual approved for naturalization to sign and submit
to the Secretary the document received pursuant to subsection (a)(2) at
the time he or she takes the oath described in section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448) to acknowledge that he
or she understands the information contained in the document and will
comply with the applicable requirement.
(c) Information Submission.--Not later than 15 days after a newly
naturalized citizen submits a signed document to the Secretary in
accordance with subsection (b), unless the individual declines to be
registered to vote when signing the document, the Secretary shall
submit to the appropriate State election official, in a format
compatible with the statewide voter database maintained under section
303 of the Help America Vote Act of 2002 (52 U.S.C. 21083) to the
extent possible--
(1) the individual's given names and surnames;
(2) the individual's date of birth;
(3) the individual's residential address or coordinates;
(4) confirmation that the individual is a citizen of the
United States;
(5) the date on which the individual was sworn in as a
United States citizen;
(6) the individual's signature in electronic form, if
available; and
(7) information regarding the individual's affiliation or
enrollment with a political party, if the individual provides
such information.
(d) Registration Assistance.--The Secretary shall--
(1) publish information about, and instructions for,
accepting or declining automatic voter registration for newly
naturalized citizens--
(A) on the U.S. Citizenship and Immigration
Services website; and
(B) in materials routinely provided to approved
applicants for United States citizenship; and
(2) create a telephonic hotline staffed by live operators
to provide assistance with registration to approved applicants
for United States citizenship.
SEC. 314. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.
(a) Protections for Errors in Registration.--An individual may not
be prosecuted under any Federal or State law, adversely affected in any
civil adjudication concerning immigration status or naturalization, or
subject to an allegation in any legal proceeding that the individual is
not a citizen of the United States on the ground that the individual--
(1) is not eligible to vote in elections for Federal
office, but--
(A) was automatically registered to vote under this
title; or
(B) was automatically registered to vote under this
title and subsequently voted without willful intent to
do so unlawfully;
(2) was automatically registered to vote under this title
at an incorrect address; or
(3) declined the opportunity to register to vote or did not
make an affirmation of citizenship, including through automatic
registration, under this title.
(b) Limits on Use of Automatic Registration.--The automatic
registration of any individual, an individual's declination to register
to vote, or an individual's failure to make an affirmation of
citizenship under this title may not be used as evidence against that
individual in any State or Federal law enforcement proceeding. An
individual's lack of knowledge or willfulness of such registration may
be conclusively demonstrated by the individual's testimony.
(c) Contributing Agencies' Protection of Information.--Nothing in
this title may be construed to authorize the Department of Homeland
Security to collect, retain, transmit, or publicly disclose, except to
State election officials, as authorized under this title--
(1) an individual's decision to decline to register to vote
or to not register to vote;
(2) an individual's decision to not affirm his or her
citizenship; or
(3) any information that a contributing agency transmits
pursuant to section 313(c), except in pursuing the agency's
ordinary course of business.
(d) Public Disclosure Prohibited.--State election officials may not
publicly disclose, with respect to any individual for whom any a State
election official receives information from the Department of Homeland
Security--
(1) any information that is not necessary to voter
registration;
(2) any voter information otherwise shielded from
disclosure under State law or section 8(a) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(a));
(3) any portion of the individual's Social Security number;
(4) any portion of the individual's motor vehicle driver's
license number;
(5) the individual's signature;
(6) the individual's telephone number; or
(7) the individual's email address.
SEC. 315. EFFECTIVE DATE.
Sections 312, 313, and 314 shall take effect on January 1, 2024.
TITLE IV--REFUGEE RESETTLEMENT AND INTEGRATION
SEC. 401. DEFINITION OF SECRETARY.
In this title, the term ``Secretary'' means the Secretary of State.
SEC. 402. MINIMUM NUMBER OF REFUGEES TO BE ADMITTED.
Section 207(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1157(a)(2)) is amended by inserting after ``as the President
determines'' the following: ``(except that in any fiscal year after
fiscal year 2018, such number may not be less than 125,000)''.
SEC. 403. PRE-ARRIVAL ENGLISH LANGUAGE AND WORK ORIENTATION TRAINING
FOR APPROVED REFUGEE APPLICANTS.
(a) In General.--The Secretary shall establish overseas refugee
training programs to offer to refugees described in subsection (b)
optional English-as-a-second-language and work orientation training
before departure for the United States.
(b) Refugees Described.--Refugees described in this subsection are
refugees who have been--
(1) approved for admission to the United States;
(2) conditionally approved for admission to the United
States; or
(3) selected at the discretion of the U.S. Refugee
Admission Program.
(c) Design and Implementation.--In designing and implementing the
programs referred to in subsection (a), the Secretary shall consult
with or enter into a contract with 1 or more nongovernmental or
international organizations that has--
(1) direct affiliation with the United States refugee
resettlement program; and
(2) appropriate expertise in developing curriculum and
teaching English as a second language.
(d) Impact on Processing Times.--The Secretary shall ensure that
training programs under this section--
(1) are offered to refugees as strictly optional;
(2) occur within applicable processing times; and
(3) do not delay or prevent the departure for the United
States of any refugee who has been approved for admission to
the United States.
(e) Timeline for Implementation.--
(1) Initial implementation.--Not later than 1 year after
the date of the enactment of this Act, the Secretary shall
ensure that training programs under this section are fully and
consistently operational in not fewer than 3 refugee processing
regions.
(2) Additional implementation.--Not later than 2 years
after the date of the enactment of this Act, the Secretary
shall notify the appropriate committees of Congress that such
training programs are fully and consistently operational in not
fewer than 5 refugee processing regions.
(f) Gao Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on the implementation of this section
that includes--
(A) an assessment of--
(i) the quality of English-as-a-second-
language curricula and instruction; and
(ii) the benefits to refugees of the work
orientation and English-as-a-second-language
training programs; and
(B) recommendations on whether such programs should
be continued, broadened, or modified.
(2) Report.--Not later than 4 years after the date of the
enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress a report on the findings
of the study under paragraph (1).
(g) Rule of Construction.--Nothing in this section shall be
construed to require a refugee to participate in a training program
under this section as a precondition for the admission of the refugee
to the United States.
SEC. 404. UPDATE OF RECEPTION AND PLACEMENT GRANTS.
Beginning in fiscal year 2023, in setting the amount of reception
and placement grants for refugees, the Secretary shall ensure that--
(1) the grant amount is adjusted to an amount that is
adequate to provide for the anticipated initial resettlement
needs of refugees and includes adjustments for inflation and
the cost of living;
(2) the administrative portion of such grants provided at
the beginning of the fiscal year to each national resettlement
agency is sufficient to ensure adequate local and national
capacity to serve the initial resettlement needs of the number
of refugees the Secretary anticipates the agency will resettle
during the fiscal year; and
(3) additional amounts are provided to each national
resettlement agency promptly upon the arrival of refugees that,
exclusive of the amounts provided pursuant to 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 amount described in
paragraph (1).
SEC. 405. CASE MANAGEMENT GRANT PROGRAM.
(a) Establishment.--The Director of the Office of Refugee
Resettlement shall make grants to national resettlement agencies to
operate a case management system for the purpose of offering case
management to qualified individuals to assist in accessing any service,
benefit, or assistance for which qualified individuals are eligible
provided by--
(1) the Office of Refugee Resettlement;
(2) any other Federal, State, or local agency; and
(3) a private entity or a nonprofit organization.
(b) Period of Qualification.--
(1) In general.--Except as provided in paragraph (2), a
qualified individual may receive case management services under
this section during the period beginning on the date on which
the qualified individual was determined to be eligible for
resettlement, acculturation, or subsistence services provided
by the Office of Refugee Resettlement and ending on the date
that is 1 year after the date on which the qualified individual
ceases to be so eligible.
(2) Exceptional circumstances.--
(A) In general.--Notwithstanding paragraph (1), an
individual described in subparagraph (B) may receive
such case management services during the period
beginning on the date on which such individual was
determined to be eligible for resettlement,
acculturation, or subsistence services provided by the
Office of Refugee Resettlement and ending on the date
that is 3 years after the date on which such individual
ceases to be so eligible.
(B) Exceptional circumstances.--An individual
described in this subparagraph is a qualified
individual who--
(i) is 65 years of age or older;
(ii) has extraordinary resettlement or
acculturation needs that impede the ability of
the individual to achieve durable self-
sufficiency;
(iii) is a refugee resettled from a
situation of protracted displacement;
(iv) is a member of a family caring for an
unattached refugee minor; or
(v) on the date on which the individual was
admitted to the United States--
(I) had a disability or serious
medical condition;
(II) had a mental health condition;
(III) was part of a household
headed by a single parent; or
(IV) was a victim of a severe form
of violence.
(c) Savings Clause.--Nothing in this section shall be construed as
affecting the authority of the Director of the Office of Refugee
Resettlement under section 412(e)(7)(A) of the Immigration and
Nationality Act (8 U.S.C. 1522(e)(7)(A)) or of any other section of
such Act to provide case management services to qualified individuals
who have been in the United States for longer than 3 years.
(d) Definitions.--In this section:
(1) Qualified individual.--The term ``qualified
individual'' means an individual who was, at any time, eligible
for resettlement, acculturation, or subsistence services
provided by the Office of Refugee Resettlement.
(2) Resettlement, acculturation, or subsistence services.--
The term ``resettlement, acculturation, or subsistence
services'' includes each of the services provided by the Office
of Refugee Resettlement to aliens (as defined in section 101(a)
of the Immigration and Nationality Act (8 U.S.C. 1101(a))),
except the case management services under this section.
SEC. 406. INCREASE IN CASH PAYMENTS.
(a) In General.--Section 412 of the Immigration and Nationality Act
(8 U.S.C. 1522) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following:
``(C) Subject to the availability of funds,
assistance and social services for employment and
health and living expenses under this section shall be
available to refugees for a period of not less than 1
year.'';
(B) in paragraph (5), by adding at the end the
following: ``Subject to the availability of funds, such
assistance and services shall be made available to
refugees for a period of not less than 1 year.''; and
(2) in subsection (e)(1)--
(A) by striking ``(1)'' and inserting ``(1)(A)'';
and
(B) by adding at the end the following:
``(B) Subject to the availability of funds, such
assistance shall be provided for not less than 1 year
beginning on the first day of the month in which a
refugee enters the United States.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is the earlier of--
(1) the first day of the first fiscal year beginning after
the date of the enactment of this Act; or
(2) the date on which a final rule is promulgated to
implement such amendments.
(c) Rule of Construction.--Nothing in this section or in the
amendments made by this section shall be construed as limiting or
reducing assistance provided for a period that is more than 1 year.
TITLE V--PROTECTIONS FOR IMMIGRANTS
SEC. 501. PERSONALLY IDENTIFIABLE INFORMATION.
A recipient of a grant described in, or established under, this
title may not be required, as a condition of receiving such a grant, to
transmit the personally identifiable information of an immigrant, or a
family member or household member of an immigrant, served by the
recipient.
SEC. 502. VOLUNTARY PARTICIPATION IN INTEGRATION AND INCLUSION
ACTIVITIES.
The participation of an immigrant in any integration or inclusion
activity under this Act shall be strictly voluntary.
<all>
</pre></body></html>
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|
118HR1644 | 7(a) Loan Agent Oversight Act | [
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] | <p><b>7(a) Loan Agent Oversight Act</b></p> <p>This bill requires the Small Business Administration (SBA) to submit an annual report containing specified information related to 7(a) loan agents. These agents provide fee-based referral and loan application services related to the SBA's 7(a) Program. Under the 7(a) Program, the SBA provides loans and loan guarantees to small business borrowers who cannot obtain credit elsewhere on reasonable terms and conditions.</p> <p>The required report must include (1) the number and type of agents assisting applicants for 7(a) loans, (2) the number of fraudulent loans made for which an applicant used the services of a 7(a) agent, and (3) the number and aggregate dollar value of referral fees paid to 7(a) agents.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1644 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1644
To amend the Small Business Act to require a report on 7(a) agents, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Meuser (for himself and Mr. Phillips) introduced the following
bill; which was referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Act to require a report on 7(a) agents, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``7(a) Loan Agent Oversight Act''.
SEC. 2. REPORT ON 7(A) AGENTS.
Section 47 of the Small Business Act (15 U.S.C. 657t) is amended by
adding at the end the following new subsection:
``(j) Annual Report.--
``(1) In general.--The Director shall submit to Congress,
in addition to the report required under subsection (h)(2), an
annual report including, for the calendar year covered by the
report--
``(A) the number of 7(a) agents assisting
applicants for loans under section 7(a), disaggregated
by 7(a) agents who are attorneys, accountants,
consultants, packagers, and lender service providers
(as defined by section 103.1 of title 13, Code of
Federal Regulations);
``(B) the number of fraudulent loans made for which
an applicant used services of a 7(a) agent;
``(C) the purchase rate by the Administrator of
loans for which an applicant used services of a 7(a)
agent;
``(D) the number and aggregate dollar value of
referral fees paid to 7(a) agents, disaggregated by
whether the applicant or 7(a) lender paid such fees;
``(E) without identifying individual 7(a) agents by
name, a consolidated analysis of the risk created by
the individual 7(a) agents responsible for not less
than 1 percent of--
``(i) the dollar value of loans made with
the assistance of 7(a) agents; and
``(ii) the number of loans made with the
assistance of 7(a) agents;
``(F) an analysis of interest rates on loans for
which an applicant or 7(a) lender used services of an
agent; and
``(G) a description of how the Administrator
communicates with 7(a) agents.
``(2) Definitions.--In this subsection:
``(A) 7(a) agent.--The term `7(a) agent' means a
person who provides covered services on behalf of a
lender or applicant.
``(B) Covered services.--The term `covered
services' means--
``(i) assistance with completing an
application for a loan under section 7(a)
(including preparing a business plan, cash flow
projections, financial statements, and related
documents); or
``(ii) consulting, broker, or referral
services with respect to a loan under section
7(a).''.
<all>
</pre></body></html>
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118HR1645 | Biochar Research Network Act of 2023 | [
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"Rep. Miller-Meeks, Mariannette [R-IA-1]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1645 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1645
To amend the Agricultural Research, Extension, and Education Reform Act
of 1998 to direct the Secretary of Agriculture to establish a national
biochar research network, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mrs. Miller-Meeks (for herself, Ms. Pingree, Ms. Schrier, Mr. Newhouse,
Mr. Panetta, and Mr. Casten) introduced the following bill; which was
referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Agricultural Research, Extension, and Education Reform Act
of 1998 to direct the Secretary of Agriculture to establish a national
biochar research network, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biochar Research Network Act of
2023''.
SEC. 2. NATIONAL BIOCHAR RESEARCH NETWORK.
Title IV of the Agricultural Research, Extension, and Education
Reform Act of 1998 is amended by inserting before section 404 (7 U.S.C.
7624) the following:
``SEC. 403. NATIONAL BIOCHAR RESEARCH NETWORK.
``(a) Establishment.--The Secretary shall establish a national
biochar research network (referred to in this section as the `research
network') of not more than 20 research sites or facilities described in
subsection (c) to test the full range of biochar types across soil
types, soil health and soil management conditions, application methods,
and climatic and agronomic regions--
``(1) to assess the soil carbon sequestration potential of
various biochars and management systems integrating biochar
use;
``(2) to understand how to use biochar productively to
contribute to climate mitigation, crop production, resilience
to extreme weather events, ecosystem and soil health, natural
resource conservation, and farm profitability; and
``(3) to deliver science-based, region-specific, cost-
effective, and practical information to farmers, ranchers,
foresters, land reclamation managers, urban land managers, and
other land and natural resource managers and businesses on
sustainable biochar production and application.
``(b) Scope.--
``(1) In general.--The research network shall encompass--
``(A) agriculture, horticulture, rangeland,
forestry, and other biochar uses; and
``(B) a broad range of feedstocks, production
processes, and application treatments.
``(2) Research.--The research conducted by the research
network shall include--
``(A) cross-site and mechanistic experiments--
``(i) to fill critical knowledge gaps and
gain a more complete understanding of the
impact of various types of biochar in varying
site conditions on soil properties, plant
growth, greenhouse gas emissions, and carbon
sequestration in different soils, climates, and
other natural and agronomic conditions;
``(ii) to provide mechanistic and
technoeconomic insights on thermochemical
conversion processes in biochar production and
the coproduction of biochar and bioenergy,
including interactions of feedstock properties
with reactor conditions and processes on the
relative proportions and properties of biochar,
biofuels, and value-added coproducts, as well
as process efficiency;
``(iii) to generate data to develop,
calibrate, and validate robust mechanistic
models to predict the full life cycle of
greenhouse gas, crop response, and related
agronomic and environmental implications of
particular applications of biochar;
``(iv) to generate data to help guide the
design of new, more efficient biochar and
bioenergy production reactors and
biorefineries; and
``(v) to generate data to develop,
calibrate, and validate testing methodologies
for biochar to identify potential contaminants
or other factors that may cause unintended
consequences; and
``(B) site-specific farm and forestry systems
assessments and pilot-scale biochar production and
application systems--
``(i) to refine the most promising soil-
based uses, sources, and methods of producing
and applying biochar in particular regions--
``(I) to enhance productivity;
``(II) to increase profitability,
scalability, and portability;
``(III) to reduce greenhouse gas
emissions;
``(IV) to improve ecosystem and
soil health;
``(V) to strengthen resilience to
extreme weather events; and
``(VI) to explore soil, crop,
climate, management, and biochar
interactions;
``(ii) to develop new knowledge to support
decisions on sustainable production and use of
biochar;
``(iii) to collect relevant data needed for
full life cycle greenhouse gas and economic
analyses and complete those analysis;
``(iv) to predict plant response, soil
health, soil carbon sequestration, ecosystem
health, water quality, greenhouse gas, and
economic outcomes for specific implementations
of biochar technology;
``(v) to provide data to evaluate local
biomass feedstocks, support selection of
sustainable biochar production methods, and
address biochar production issues; and
``(vi) to share research results to inform
farmers, horticulturalists, ranchers,
foresters, urban biochar users, extension
agents and specialists, and technical
assistance providers on the most advantageous
ways to use biochar to increase profitability,
raise productivity, lower costs, improve soil
and plant health, and enhance resilience to
extreme weather events while contributing to
carbon sequestration and greenhouse gas
reductions.
``(c) Eligibility.--An entity shall be eligible to be selected to
conduct research as part of the research network if the entity is--
``(1) a State agricultural experiment station or a State
forestry experiment station;
``(2) a research facility of the Agricultural Research
Service, the Forest Service, or any other agency of the
Department of Agriculture that the Secretary determines to be
appropriate; or
``(3) a research facility of the Department of Energy, the
Department of Commerce, or the Department of the Interior.
``(d) Administration.--
``(1) In general.--The research network shall be
administered by the Administrator of the Agricultural Research
Service, in partnership with--
``(A) the Chief of the Forest Service;
``(B) the Director of the National Institute of
Food and Agriculture;
``(C) the Secretary of Energy;
``(D) the Secretary of Commerce;
``(E) the Secretary of the Interior; and
``(F) such other agencies of the Department of
Agriculture as the Secretary determines to be
appropriate.
``(2) Conservation.--The Secretary, acting through the
Chief of the Natural Resources Conservation Service--
``(A) may develop or revise practice standards
informed by the research conducted by the research
network; and
``(B) shall coordinate the activities of the
research network with--
``(i) the development, expansion, and
refinement of conservation practice standards
for biochar production and use for soil and
forest health, climate adaptation and
mitigation, and other conservation purposes;
and
``(ii) improvements and expansion of
conservation program technical and financial
support for biochar production, application,
and integration into soil health management
systems and other conservation approaches.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2023 through 2028.''.
<all>
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|
118HR1646 | New Markets for State-Inspected Meat and Poultry Act of 2023 | [
[
"M001195",
"Rep. Mooney, Alexander X. [R-WV-2]",
"sponsor"
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"M001205",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1646 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1646
To amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to allow the interstate sale of State-inspected meat and
poultry, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Mooney introduced the following bill; which was referred to the
Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Federal Meat Inspection Act and the Poultry Products
Inspection Act to allow the interstate sale of State-inspected meat and
poultry, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Markets for State-Inspected Meat
and Poultry Act of 2023''.
SEC. 2. STATE-INSPECTED MEAT.
Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is
amended--
(1) by striking the section designation and inserting the
following:
``SEC. 301. SALE OF INSPECTED MEAT AND MEAT FOOD PRODUCTS.'';
(2) in subsection (a)--
(A) by striking ``In furtherance of this policy''
in the matter preceding paragraph (1) and all that
follows through ``(1) The Secretary'' in paragraph (1)
and inserting the following:
``(B) State programs.--
``(i) In general.--The Secretary'';
(B) by striking ``(a) It is'' and inserting the
following:
``(a) State Meat Inspection Program.--
``(1) In general.--
``(A) Policy.--It is''; and
(C) in paragraph (1)(B) (as so designated)--
(i) in clause (i) (as so designated), by
striking ``solely for distribution within such
State'' and inserting ``for distribution''; and
(ii) by adding at the end the following:
``(ii) Interstate commerce.--
``(I) In general.--Notwithstanding
any other provision of this Act, the
Secretary may allow the shipment in
interstate commerce of carcasses, parts
of carcasses, meat, and meat food
products inspected under the State meat
inspection program described in clause
(i).
``(II) Acceptance of interstate
shipments of meat and meat food
products.--Notwithstanding any
provision of State law, a State or
local government shall not prohibit or
restrict the movement or sale of meat
or meat food products that have been
inspected and passed in accordance with
this Act for interstate commerce.'';
(3) in subsection (b), by striking ``(b) The appropriate''
and inserting the following:
``(b) Cooperation of State Agency.--The appropriate'';
(4) in subsection (c)--
(A) by striking ``(c)(1) If the Secretary'' and
inserting the following:
``(c) Enforcement of Federal Requirements.--
``(1) Designation of states.--
``(A) In general.--If the Secretary'';
(B) in paragraph (1) (as so designated)--
(i) in subparagraph (A) (as so
designated)--
(I) in the first sentence, by
striking ``solely for distribution
within such State'' and inserting ``for
distribution''; and
(II) in the second sentence, by
striking ``If the Secretary'' and
inserting the following:
``(B) Designation of states.--
``(i) In general.--Except as provided under
clause (ii), if the Secretary'';
(ii) in subparagraph (B) (as so
designated)--
(I) in clause (i) (as so
designated)--
(aa) in the first sentence,
by striking ``wholly''; and
(bb) by striking ``State;
Provided, That if'' and
inserting the following:
``State.
``(ii) Exception.--If''; and
(II) in clause (ii) (as so
designated)--
(aa) in the first
sentence--
(AA) by striking
``such designation''
and inserting ``a
designation made under
clause (i)''; and
(BB) by striking
``he'' each place it
appears and inserting
``the Secretary''; and
(bb) in the second
sentence, by striking ``The
Secretary shall'' and inserting
the following:
``(C) Publication of designation.--The Secretary
shall'';
(iii) in subparagraph (C) (as so
designated)--
(I) in the first sentence--
(aa) by striking ``if
such''; and
(bb) by striking ``were''
after ``transactions''; and
(II) in the second sentence, by
striking ``Thereafter, upon request''
and inserting the following:
``(D) Revocation of designation.--On request'';
(iv) in subparagraph (D) (as so
designated)--
(I) in the first sentence, by
striking ``such designation'' and
inserting ``a designation made under
subparagraph (B)(i)''; and
(II) by striking ``title IV of this
Act: And provided further, That,
notwithstanding''; and inserting the
following: ``title IV.
``(E) Adulterated meat or meat food product.--
``(i) In general.--Notwithstanding''; and
(v) in subparagraph (E) (as so
designated)--
(I) in clause (i) (as so
designated)--
(aa) in the first
sentence--
(AA) by striking
``within such State'';
and
(BB) by striking
``section 301 of the
Act'' and inserting
``this section''; and
(bb) in the second
sentence, by striking ``If the
State'' and inserting the
following:
``(ii) Enforcement.--If the State''; and
(II) in clause (ii) (as so
designated), by striking ``as though
engaged in commerce'';
(C) in paragraph (2), by striking ``(2) The
provisions'' and inserting the following:
``(2) Exceptions to inspection.--The provisions'';
(D) in paragraph (3)--
(i) by striking ``(3) Whenever'' and
inserting the following:
``(3) Termination of designation.--If''; and
(ii) by striking ``he'' and inserting ``the
Secretary''; and
(E) in paragraph (4), by striking ``(4) The
Secretary'' and inserting the following:
``(4) Report.--The Secretary''; and
(5) in subsection (d), by striking ``(d) As used in'' and
inserting the following:
``(d) Definition of State.--In''.
SEC. 3. STATE-INSPECTED POULTRY PRODUCTS.
Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is
amended--
(1) by striking the section heading and designation and
inserting the following:
``SEC. 5. SALE OF INSPECTED POULTRY PRODUCTS.'';
(2) in subsection (a)--
(A) by striking ``In furtherance of this policy''
in the matter preceding paragraph (1) and all that
follows through ``(1) The Secretary'' in paragraph (1)
and inserting the following:
``(B) State programs.--
``(i) In general.--The Secretary'';
(B) by striking ``(a) It is'' and inserting the
following:
``(a) State Poultry Product Inspection Program.--
``(1) In general.--
``(A) Policy.--It is''; and
(C) in paragraph (1)(B) (as so designated)--
(i) in clause (i) (as so designated), by
striking ``solely for distribution within such
State'' and inserting ``for distribution''; and
(ii) by adding at the end the following:
``(ii) Interstate commerce.--
``(I) In general.--Notwithstanding
any other provision of this Act, the
Secretary may allow the shipment in
interstate commerce of poultry products
inspected under the State poultry
product inspection program described in
clause (i).
``(II) Acceptance of interstate
shipments of poultry products.--
Notwithstanding any provision of State
law, a State or local government shall
not prohibit or restrict the movement
or sale of poultry products that have
been inspected and passed in accordance
with this Act for interstate
commerce.'';
(3) in subsection (b), by striking ``(b) The appropriate''
and inserting the following:
``(b) Cooperation of State Agency.--The appropriate'';
(4) in subsection (c)--
(A) by striking ``(c)(1) If the Secretary'' and
inserting the following:
``(c) Enforcement of Federal Requirements.--
``(1) Designation of states.--
``(A) In general.--If the Secretary'';
(B) in paragraph (1) (as so designated)--
(i) in subparagraph (A) (as so
designated)--
(I) in the first sentence, by
striking ``solely for distribution
within such State'' and inserting ``for
distribution''; and
(II) in the second sentence, by
striking ``If the Secretary'' and
inserting the following:
``(B) Designation of states.--
``(i) In general.--Except as provided under
clause (ii), if the Secretary'';
(ii) in subparagraph (B) (as so
designated)--
(I) in clause (i) (as so
designated)--
(aa) in the first sentence,
by striking ``wholly''; and
(bb) by striking ``State:
Provided, That if'' and
inserting the following:
``State.
``(ii) Exception.--If''; and
(II) in clause (ii) (as so
designated)--
(aa) in the first
sentence--
(AA) by striking
``such designation''
and inserting ``a
designation made under
clause (i)''; and
(BB) by striking
``he'' each place it
appears and inserting
``the Secretary''; and
(bb) in the second
sentence, by striking ``The
Secretary shall'' and inserting
the following:
``(C) Publication of designation.--The Secretary
shall'';
(iii) in subparagraph (C) (as so
designated)--
(I) in the first sentence--
(aa) by striking ``if
such''; and
(bb) by striking ``were''
after ``transactions''; and
(II) in the second sentence, by
striking ``However, notwithstanding''
and inserting the following:
``(D) Adulterated poultry product.--
``(i) In general.--Notwithstanding''; and
(iv) in subparagraph (D) (as so
designated)--
(I) in clause (i) (as so
designated)--
(aa) in the first
sentence--
(AA) by striking
``within such State'';
and
(BB) by striking
``subparagraph (a)(4)
of this section'' and
inserting ``subsection
(a)(4)''; and
(bb) in the second
sentence, by striking ``If the
State'' and inserting the
following:
``(ii) Enforcement.--If the State''; and
(II) in clause (ii) (as so
designated), by striking ``as though
engaged in commerce'';
(C) in paragraph (2), by striking ``(2) The
provisions'' and inserting the following:
``(2) Exceptions to inspection.--The provisions'';
(D) in paragraph (3), by striking ``(3) Whenever''
and inserting the following:
``(3) Termination of designation.--If''; and
(E) in paragraph (4), by striking ``(4) The
Secretary'' and inserting the following:
``(4) Report.--The Secretary''; and
(5) in subsection (d), by striking ``(d) As used in'' and
inserting the following:
``(d) Definition of State.--In''.
<all>
</pre></body></html>
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|
118HR1647 | Salem Maritime National Historical Park Redesignation and Boundary Study Act | [
[
"M001196",
"Rep. Moulton, Seth [D-MA-6]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1647 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1647
To redesignate the Salem Maritime National Historic Site as the ``Salem
Maritime National Historical Park'', and for the purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Moulton introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To redesignate the Salem Maritime National Historic Site as the ``Salem
Maritime National Historical Park'', and for the purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Salem Maritime National Historical
Park Redesignation and Boundary Study Act''.
SEC. 2. SALEM MARITIME NATIONAL HISTORICAL PARK.
(a) Redesignation.--The Salem Maritime National Historic Site shall
hereafter be known and designated as the ``Salem Maritime National
Historical Park''.
(b) References in Law.--Any reference to the Salem Maritime
National Historic Site in any law, regulation, map, document, record,
or other paper of the United States shall be deemed to be a reference
to the Salem Maritime National Historical Park.
SEC. 3. BOUNDARY STUDY.
(a) In General.--The Secretary shall conduct a boundary study to
evaluate the suitability and feasibility of including in the National
Park System, as part of the Salem Maritime National Historical Park (as
redesignated by section 2(a)), sites and resources in the study area
associated with the study area's--
(1) maritime history;
(2) coastal defenses; and
(3) military history, including National Guard and militia
activity.
(b) Report.--Not later than 3 years after the date on which funds
are made available to conduct the study required under subsection (a),
the Secretary shall submit to the Committee on Natural Resources of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report containing--
(1) the results of the study; and
(2) any findings, conclusions, and recommendations of the
Secretary.
(c) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``study area'' means Salem,
Massachusetts, and its vicinity, and includes the Salem Armory
Visitor Center building and adjacent Salem Armory Park.
<all>
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118HR1648 | Airport Technology and Efficiency Improvement Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1648 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1648
To establish a grant program for use of ``internet of things''
technologies in airports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Nehls introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To establish a grant program for use of ``internet of things''
technologies in airports, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Technology and Efficiency
Improvement Act of 2023''.
SEC. 2. ELIGIBILITY OF SENSOR PROJECTS FOR AIRPORT IMPROVEMENT PROGRAM.
Section 47119(a)(1)(B)(ii) of title 49, United States Code, is
amended by striking ``cameras'' and inserting ``sensors with the
capability to detect travelers for security purposes, such as cameras
and Light Detection and Ranging (commonly known as `LiDAR'),''.
SEC. 3. NON-MOVEMENT AREA SURVEILLANCE SURFACE DISPLAY SYSTEMS PILOT
PROGRAM.
(a) Increase in Number of Eligible Sponsors.--Section 47143(b)(1)
of title 49, United States Code, is amended by striking ``5 eligible
sponsors'' and inserting ``10 eligible sponsors''.
(b) Priority for Low-Light Sensors.--Section 47143(b) of title 49,
United States Code, is amended by adding at the end the following:
``(3) Priority.--In making grants under the pilot program,
the Administrator shall prioritize projects utilizing sensors
that in low-light and degraded visual conditions can categorize
and distinguish between humans, animals, and other objects.''.
(c) Change of Sunset Date.--Section 47143(c) of title 49, United
States Code, is amended by striking ``October 1, 2023'' and inserting
``October 1, 2028''.
SEC. 4. SMART AIRPORTS PILOT PROGRAM.
(a) Establishment.--Subchapter I of chapter 471 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 47145. Smart airports pilot program
``(a) In General.--The Administrator of the Federal Aviation
Administration shall establish and carry out a pilot program (in this
section referred to as the `Program') to support the acquisition and
installation of `internet of things' technologies by airports to create
a more consumer-friendly and digitally connected airport experience.
Under the Program, the Administrator shall make grants, on a
competitive basis, to airports to carry out eligible projects described
in subsection (b).
``(b) Eligible Projects.--The Administrator may make a grant under
the Program only for a project that facilitates the acquisition and
installation by an airport of sensor systems, software, passenger
signals, or other technologies consistent with the purposes of the
Program, including projects that facilitate--
``(1) the modernization of technologies to provide more
efficient check-ins, shortened security lines, and Wi-Fi and
GPS upgrades, as well as improvements of aircraft turnaround
times for on-time boarding and flights; and
``(2) the acquisition of sensors and software systems with
the ability to provide efficiency gains in airports, including
shortening wait times and improving traveler experience through
smart signals in parking garages, security lines, or airport
commerce.
``(c) Grants.--
``(1) Number.--The Administrator shall seek to make grants
under the Program to not fewer than 5 airports.
``(2) Amount.--No grant under the Program may exceed
$2,000,000.
``(d) Priority.--In making grants under the Program, the
Administrator shall prioritize projects that do not collect facial and
biometric data of passengers not identified as a security threat.
``(e) Sunset.--The authority to make grants under this section
shall terminate on September 30, 2029.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the Program $5,000,000 for each of fiscal
years 2024 through 2029.''.
(b) Clerical Amendment.--The analysis for chapter 471 of title 49,
United States Code, is amended by inserting after the item relating to
section 47144 the following new item:
``47145. Smart airports pilot program.''.
<all>
</pre></body></html>
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|
118HR1649 | EAGLE Act of 2023 | [
[
"P000614",
"Rep. Pappas, Chris [D-NH-1]",
"sponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
],
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"B001298",
"Rep. Bacon, Don [R-NE-2]",
"cosponsor"
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"C001119",
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"D000230",
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[
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"cosponsor"
],
[
"D000629",
"Rep. Davids, Sharice [D-KS-3]",
"cosponsor"
]
] | <p><strong></strong><b>Establishing Accreditation Grants for Law Enforcement Act of 2023 or the EAGLE Act of 2023 </b></p> <p>This bill requires the Department of Justice to provide grants to eligible local law enforcement agencies for activities related to obtaining qualified accreditation or recertification. Such accreditation or recertification shall be provided by a professional law enforcement organization involved in developing standards for law enforcement at the national, state, regional, or tribal level, such as the Commission on Accreditation for Law Enforcement Agencies.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1649 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1649
To direct the Attorney General to establish a grant program to provide
for the qualified accreditation and re-certification of local law
enforcement agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Pappas (for himself, Mr. Fitzpatrick, Mr. Bacon, Ms. Craig, Mr.
Davis of North Carolina, Ms. Kuster, Mr. Obernolte, and Ms. Sherrill)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To direct the Attorney General to establish a grant program to provide
for the qualified accreditation and re-certification of local law
enforcement agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Establishing Accreditation Grants
for Law Enforcement Act of 2023'' or the ``EAGLE Act of 2023''.
SEC. 2. GRANT PROGRAM FOR LOCAL LAW ENFORCEMENT AGENCY ACCREDITATION.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Attorney General shall establish a grant
program (in this Act referred to as the ``Program'') to provide for the
qualified accreditation or re-certification of a local law enforcement
agency.
(b) Grant Authority.--In carrying out the Program, the Attorney
General shall award a grant to an eligible recipient under subsection
(c).
(c) Eligible Recipient.--The Attorney General shall award a grant
under the Program to a local law enforcement agency that submits an
application pursuant to subsection (d).
(d) Application.--To be eligible under the Program, a local law
enforcement agency shall submit to the Attorney General an application
that demonstrates--
(1) the financial need of the local law enforcement agency;
and
(2) amount requested by the local law enforcement agency,
including amount to be spent on--
(A) accreditation or re-certification fees;
(B) on-site assessment charges; and
(C) extension fees.
(e) Eligible Projects.--Grant funds awarded under the Program may
only be used to assist in the qualified accreditation or re-
certification of a local law enforcement agency.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Program $10,000,000 for fiscal year 2024.
(g) Period of Availability.--Funds made available to carry out the
Program shall remain available until expended.
(h) Definitions.--In this Act:
(1) Qualified accreditation or re-certification.--The term
``qualified accreditation or re-certification'' means
accreditation or re-certification of a local law enforcement
agency by a professional law enforcement organization involved
in the development of standards of accreditation for law
enforcement agencies at the national, State, regional, or
Tribal level, such as the Commission on Accreditation for Law
Enforcement Agencies (CALEA).
(2) Local law enforcement agency.--The term ``local law
enforcement agency'' means an agency of a unit of local
government that is authorized by law to supervise the
prevention, detection, investigation, or prosecution of any
violation of criminal law and that has less than 350 employees.
<all>
</pre></body></html>
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118HR165 | New Source Review Permitting Improvement Act | [
[
"G000568",
"Rep. Griffith, H. Morgan [R-VA-9]",
"sponsor"
]
] | <p><b>New Source Review Permitting Improvement Act</b> </p> <p>This bill modifies terminology for purposes of the New Source Review (NSR) permitting program of the Environmental Protection Agency (EPA).</p> <p>In order for a change to a stationary source to be a <i>modification</i> (a change to a stationary source that increases the air pollutant emissions or results in new pollutants) for purposes of the NSR permitting program, the maximum hourly emission rate achievable by such source must be higher than the maximum hourly rate achievable by such source during any hour in the 10-year period preceding the change.</p> <p>A change at a stationary source is not considered to be a <i>modification</i> under the bill if it is designed to (1) reduce the amount of any air pollutant emitted; or (2) restore, maintain, or improve the reliability of operations at, or safety of, the source. However, such changes are not excepted if the EPA determines the increase in the maximum achievable hourly emission rate from such change would cause an adverse effect on human health or the environment.</p> <p><i>Construction</i>, in connection with a major emitting facility (a type of stationary source), does not include a change at such a facility that does not result in a significant emissions increase or a significant net emissions increase.</p> <p>In relation to major emitting facilities in nonattainment areas, the terms <i>modifications </i>and <i>modified</i> do not include changes at such facilities that do not result in a significant emissions increase or a significant net emissions increase.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 165 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 165
To amend sections 111, 169, and 171 of the Clean Air Act to clarify
when a physical change in, or change in the method of operation of, a
stationary source constitutes a modification or construction, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Griffith introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend sections 111, 169, and 171 of the Clean Air Act to clarify
when a physical change in, or change in the method of operation of, a
stationary source constitutes a modification or construction, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Source Review Permitting
Improvement Act''.
SEC. 2. CLARIFICATION OF DEFINITION OF A MODIFICATION: EMISSION RATE
INCREASES, POLLUTION CONTROL, EFFICIENCY, SAFETY, AND
RELIABILITY PROJECTS.
Paragraph (4) of section 111(a) of the Clean Air Act (42 U.S.C.
7411(a)) is amended--
(1) by inserting ``(A)'' before ``The term'';
(2) by inserting before the period at the end the
following: ``. For purposes of the preceding sentence, a change
increases the amount of any air pollutant emitted by such
source only if the maximum hourly emission rate of an air
pollutant that is achievable by such source after the change is
higher than the maximum hourly emission rate of such air
pollutant that was achievable by such source during any hour in
the 10-year period immediately preceding the change''; and
(3) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), the term
`modification' does not include a change at a stationary source
that is designed--
``(i) to reduce the amount of any air pollutant
emitted by the source per unit of production; or
``(ii) to restore, maintain, or improve the
reliability of operations at, or the safety of, the
source,
except, with respect to either clause (i) or (ii), when the
change would be a modification as defined in subparagraph (A)
and the Administrator determines that the increase in the
maximum achievable hourly emission rate of a pollutant from
such change would cause an adverse effect on human health or
the environment.''.
SEC. 3. CLARIFICATION OF DEFINITION OF CONSTRUCTION FOR PREVENTION OF
SIGNIFICANT DETERIORATION.
Subparagraph (C) of section 169(2) of the Clean Air Act (42 U.S.C.
7479(2)) is amended to read as follows:
``(C) The term `construction', when used in connection with
a major emitting facility, includes a modification (as defined
in section 111(a)) at such facility, except that for purposes
of this subparagraph a modification does not include a change
at a major emitting facility that does not result in a
significant emissions increase, or a significant net emissions
increase, in annual actual emissions at such facility.''.
SEC. 4. CLARIFICATION OF DEFINITION OF MODIFICATIONS AND MODIFIED FOR
NONATTAINMENT AREAS.
Paragraph (4) of section 171 of the Clean Air Act (42 U.S.C. 7501)
is amended to read as follows:
``(4) The terms `modifications' and `modified' mean a
modification as defined in section 111(a)(4), except that such
terms do not include a change at a major emitting facility that
does not result in a significant emissions increase, or a
significant net emissions increase, in annual actual emissions
at such facility.''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to treat any change as a modification for purposes of any
provision of the Clean Air Act (42 U.S.C. 7401 et seq.) if such change
would not have been so treated as of the day before the date of
enactment of this Act.
<all>
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118HR1650 | Police Officers Protecting Children Act | [
[
"P000048",
"Rep. Pfluger, August [R-TX-11]",
"sponsor"
],
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"M000317",
"Rep. Malliotakis, Nicole [R-NY-11]",
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"cosponsor"
],
[
"D000600",
"Rep. Diaz-Balart, Mario [R-FL-26]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1650 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1650
To allow certain qualified law enforcement officers and retired law
enforcement officers to carry a concealed firearm to protect children
in a school zone.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Pfluger (for himself, Ms. Malliotakis, Mr. Bacon, and Ms. Tenney)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To allow certain qualified law enforcement officers and retired law
enforcement officers to carry a concealed firearm to protect children
in a school zone.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Officers Protecting Children
Act''.
SEC. 2. CERTAIN QUALIFIED LAW ENFORCEMENT OFFICERS AND RETIRED LAW
ENFORCEMENT OFFICERS ALLOWED TO CARRY A CONCEALED
FIREARM, AND DISCHARGE A FIREARM, IN A SCHOOL ZONE.
Section 922(q) of title 18, United States Code, is amended--
(1) in paragraph (2)(B)--
(A) by striking ``or'' at the end of clause (vi);
and
(B) by redesignating clause (vii) as clause (ix)
and inserting after clause (vi) the following:
``(vii) by a qualified law enforcement officer (as
defined in section 926B) who is authorized under such
section to carry a concealed firearm, if the firearm is
concealed;
``(viii) by a qualified retired law enforcement
officer (as defined in section 926C) who is authorized
under such section to carry a concealed firearm, if the
firearm is concealed; or''; and
(2) in paragraph (3)(B)--
(A) by striking ``or'' at the end of clause (iii);
(B) by striking the period at the end of clause
(iv) and inserting a semicolon; and
(C) by adding at the end the following:
``(v) by a qualified law enforcement officer (as
defined in section 926B) who is authorized under such
section to carry a concealed firearm; or
``(vi) by a qualified retired law enforcement
officer (as defined in section 926C) who is authorized
under such section to carry a concealed firearm.''.
<all>
</pre></body></html>
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|
118HR1651 | Small Business 7(a) Loan Agent Transparency Act | [
[
"P000616",
"Rep. Phillips, Dean [D-MN-3]",
"sponsor"
],
[
"M001204",
"Rep. Meuser, Daniel [R-PA-9]",
"cosponsor"
]
] | <p><b>Small Business 7(a) Loan Agent Transparency Act</b></p> <p>This bill provides oversight of 7(a) loan agents, including by requiring the Small Business Administration (SBA) to establish a registration system for such agents whereby certain data may be collected and by mandating that such agents register with the system and pay an annual registration fee.</p> <p>These agents provide referral and loan application services related to the SBA's 7(a) Program. Under the 7(a) Program, the SBA provides loans and loan guarantees to small business borrowers who cannot obtain credit elsewhere on reasonable terms and conditions.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1651 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1651
To amend the Small Business Act to establish requirements for 7(a)
agents, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Phillips (for himself and Mr. Meuser) introduced the following
bill; which was referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Act to establish requirements for 7(a)
agents, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business 7(a) Loan Agent
Transparency Act''.
SEC. 2. REQUIREMENTS FOR 7(A) AGENTS.
(a) Office of Credit Risk Management Duties.--Section 47(b) of the
Small Business Act (15 U.S.C. 657t(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraph:
``(4) any 7(a) agent.''.
(b) Enforcement Authority.--
(1) Office of credit risk management.--Section 47(e) of the
Small Business Act (15 U.S.C. 657t(e)) is amended by inserting
``or 7(a) agent'' after ``7(a) lender'' each place such term
appears.
(2) Lender oversight committee.--Section 48(c)(2) of the
Small Business Act (15 U.S.C. 657u(c)(2)) is amended by
striking ``and any Lending Partner or Intermediary
participant'' and inserting ``, any 7(a) agent (as defined in
section 47), or any Lending Partner or Intermediary
participant''.
(c) Registration System.--Section 47 of the Small Business Act (15
U.S.C. 657t) is amended by adding at the end the following new
subsections:
``(j) Registration System for 7(a) Agents.--
``(1) In general.--The Director shall establish a
registration system for 7(a) agents that assigns a unique
identifier to each 7(a) agent and collects data necessary for
the Director to submit the report required under paragraph (4).
``(2) Requirements.--A 7(a) agent shall--
``(A) register in the system established under
paragraph (1) before providing covered services to a
lender or applicant; and
``(B) effective 1 year after the date of the
enactment of this subsection, submit an annual fee for
such registration to the Director.
``(3) Database.--The Director shall establish and maintain
an electronic database of the types of covered services
provided by each 7(a) agent.
``(k) Definitions.--In this section:
``(1) 7(a) agent.--The term `7(a) agent' means a person who
provides covered services on behalf of a lender or applicant.
``(2) Covered services.--The term `covered services'
means--
``(A) assistance with completing an application for
a loan under section 7(a) (including preparing a
business plan, cash flow projections, financial
statements, and related documents); or
``(B) consulting, broker, or referral services with
respect to a loan under section 7(a).''.
(d) Effective Date.--This Act and the amendments made by this Act
shall take effect 6 months after the date of the enactment of this Act.
<all>
</pre></body></html>
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118HR1652 | Access to White House Visitor Logs Act | [
[
"Q000023",
"Rep. Quigley, Mike [D-IL-5]",
"sponsor"
]
] | <p><strong>Access to White House Visitor Logs Act</strong></p> <p>This bill directs the President to establish and update, every 90 days, a publicly available database that contains records of</p> <ul> <li>the name of each visitor at the White House, the residence of the Vice President, or any other location at which the President or Vice President regularly conducts official business;</li> <li>the name of each individual with whom the visitor met; and</li> <li>the purpose of the visit.</li> </ul> <p>The President shall not include in the database any such record (1) the posting of which would implicate personal privacy or law enforcement concerns or threaten national security, or (2) relating to a purely personal guest. </p> <p>For a particularly sensitive meeting, the President shall (1) include in the database the number of visitors, and (2) post the applicable records in the database when their release is no longer sensitive. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1652 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1652
To require the disclosure of certain visitor access records.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Quigley introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To require the disclosure of certain visitor access records.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to White House Visitor Logs
Act''.
SEC. 2. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS.
(a) Definitions.--In this section:
(1) Covered location.--The term ``covered location''
means--
(A) the White House;
(B) the residence of the Vice President; and
(C) any other location at which the President or
the Vice President regularly conducts official
business.
(2) Covered records.--The term ``covered records'' means
information relating to a visit at a covered location, which
shall include--
(A) the name of each visitor at the covered
location;
(B) the name of each individual with whom each
visitor described in subparagraph (A) met at the
covered location; and
(C) the purpose of the visit.
(b) Requirement.--Except as provided in subsection (c), not later
than 30 days after the date of enactment of this Act, the President
shall establish and update, every 90 days, a publicly available
database that contains covered records for the preceding 30-day period.
(c) Exceptions.--
(1) In general.--The President shall not include in the
database established under subsection (b) any covered record--
(A) the posting of which would implicate personal
privacy or law enforcement concerns or threaten
national security; or
(B) relating to a purely personal guest at a
covered location.
(2) Sensitive meetings.--With respect to a particularly
sensitive meeting at a covered location, the President shall--
(A) include the number of visitors at the covered
location in the database established under subsection
(b); and
(B) post the applicable covered records in the
database established under subsection (b) when the
President determines that release of the covered
records is no longer sensitive.
<all>
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118HR1653 | PAST Act of 2023 | [
[
"Q000023",
"Rep. Quigley, Mike [D-IL-5]",
"sponsor"
]
] | <p><b>Promoting Accountability and Security in Transitions Act of 2023 or the PAST Act</b> <strong>of 2023</strong></p> <p>This bill revises requirements for preservation of presidential records and requires that information be made available to the next administration in a timely fashion.</p> <p>Specifically, the bill (1) requires the President to receive written guidance from the National Archives and Records Administration (NARA) before destroying any records, (2) prohibits White House staff from using nonofficial electronic messaging accounts that cannot be easily copied or forwarded to official accounts, (3) establishes consequences for former Presidents who destroy presidential records, (4) requires former Presidents to cover the cost of digitizing records for display in a presidential library, and (5) requires NARA to ensure that newly inaugurated Presidents are granted easy access to national security information.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1653 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1653
To amend chapter 22 of title 44, United States Code, to ensure
Presidential records are preserved, duly created when non-official
electronic messaging accounts are used, and made available to the
public and the next administration in a timely fashion to advance
national security and accountability, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Quigley introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend chapter 22 of title 44, United States Code, to ensure
Presidential records are preserved, duly created when non-official
electronic messaging accounts are used, and made available to the
public and the next administration in a timely fashion to advance
national security and accountability, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Accountability and
Security in Transitions Act of 2023'' or the ``PAST Act of 2023''.
SEC. 2. SENSE OF CONGRESS.
The sense of Congress is the following:
(1) The preservation of Presidential records (as defined in
section 2201 of title 44, United States Code) is a legal
obligation for every Presidential administration, as
Presidential records are the most important and widely used
source for studying how the executive branch of the Federal
Government works, how it has changed over time, and how it
might evolve to serve the needs of a new era.
(2) The preservation of Presidential records is therefore
vital for--
(A) the public to be able to understand and learn
from the past;
(B) future policymaking to build on the past
administration's successes and experience;
(C) ensuring accountability for results,
performance, and conduct; and
(D) other purposes that serve to strengthen
American democracy.
(3) Any effort to destroy, alter, or remove Presidential
records in violation of chapter 22 of title 44, United States
Code--
(A) threatens the values described in paragraph
(2); and
(B) may subject a person engaging in such efforts
to other criminal penalties under section 641 or 2071
of title 18, United States Code.
(4) The lawful disposal of Presidential records that no
longer have administrative, historical, informational, or
evidentiary value must follow a process as described in section
2203 of title 44, United States Code.
(5) What constitutes a Presidential record is determined
solely by whether the record relates to the ``carrying out of
constitutional, statutory, or other official or ceremonial
duties of the President'', as indicated in the definition of
the term ``Presidential records'' in section 2201 of title 44,
United States Code, and by the content of the information
contained in the record.
(6) For communication between agencies and the Executive
Office of the President, the copy of the record belonging to
the agency is retained as an agency record pursuant to section
3301 of title 44, United States Code.
(7) Consistent with section 2203 of title 44, United States
Code, any Presidential records created with non-official
electronic media shall be ``preserved'', which includes a
comprehensive documentation of all records and associated
metadata and attachments.
(8) Applications or software with an automatic deleting
functionality are antithetical to the legal and historical
obligations described under chapter 22 of title 44, United
States Code.
(9) Periods of Presidential transition are moments where
the national security of the United States is most vulnerable,
necessitating an early, good faith, and consistent commitment
by the outgoing administration to ensure continuity of
operations as it relates to national security and protecting
critical infrastructure, among other reasons.
(10) Agencies and the Executive Office of the President are
required by law to cooperate with the Archivist of the United
States and the Federal Transition Coordinator of the General
Service Administration, who is tasked with ensuring agencies
comply with all statutory requirements relating to transition
planning under section 4(c) of the Presidential Transition Act
of 1963 (3 U.S.C. 102 note).
(11) During a Presidential transition, Presidential
records, which contain valuable information regarding
agreements or negotiations with foreign governments and
international organizations and the actions and beliefs of
foreign nations or actors are of enormous value to the national
security.
(12) Any effort to delay briefings, coordination, and
sharing information regarding key national security
relationships, threats, and operations with an incoming
administration or the destruction, removal, or alteration of
Presidential records that attest to the information described
in this section could pose a grave danger to the national
security.
(13) An expeditious ascertainment of the plausible
President-elect and Vice-President-elect by the Administrator
of General Services plays a vital role in ensuring continuity
of Government and protecting national security such that the
risk of redundant expenditure is overwhelmed by the advantages
of an early access to transition resources to allow for
transition planning.
(14) The National Archives and Records Administration plays
an essential role in ensuring the official proceedings of
Government are documented to improve democracy in the United
States, protect national security, provide continuity of
Government during a transition, and promote accountability for
actions taking during a Presidency.
(15) The robust funding of the National Archives and
Records Administration and protection of its officers and
employees from political interference is a national imperative
and must be a priority for Congress.
SEC. 3. DEFINITIONS.
Section 2201 of title 44, United States Code, is amended--
(1) in paragraph (1), by inserting ``, and includes the
metadata associated with all such material'' before the period;
and
(2) by adding at the end the following:
``(6) The term `electronic messaging account' includes
electronic mail, chat or instant messaging, text messaging,
voicemail messaging, and other messaging platforms or apps,
such as social media or mobile applications, among other
applications.
``(7) The term `official electronic messaging account'
includes electronic messaging accounts provided by an executive
agency or the Executive Office of the President.
``(8) The term `dispose', with respect to documentary
material, means to remove, deface, alter, corrupt, delete,
erase, or otherwise destroy the documentary material.''.
SEC. 4. MANAGEMENT AND CUSTODY OF PRESIDENTIAL RECORDS.
(a) In General.--Section 2203 of title 44, United States Code, is
amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (g), (h), and (i), respectively;
(2) by redesignating subsection (d) as subsection (e);
(3) by striking subsection (c) and inserting the following:
``(c) The President shall obtain the advice of the Archivist in
applying standards, procedures, and techniques designed to--
``(1) improve the management of records;
``(2) promote the maintenance and security of records
determined appropriate for preservation; and
``(3) facilitate the segregation and disposal of records of
temporary value.
``(d)(1) During the President's term of office, if the President
wishes to dispose of those Presidential records of such President that
no longer have administrative, historical, informational, or
evidentiary value--
``(A) the President shall request, in writing, the views of
the Archivist concerning the proposed disposal of such
Presidential records; and
``(B) the Archivist shall indicate, in writing, whether the
Archivist intends to take any action under subsection (g) of
this section with respect to the Presidential records.
``(2) Not later than 5 business days after the date on which the
Archivist provides a written indication under paragraph (1)(B), the
Archivist shall make publicly available on a website any communications
received or sent by the Archivist regarding the potential disposal of
Presidential records under paragraph (1).'';
(4) in subsection (e), as so redesignated--
(A) by striking ``subsection (c)'' and inserting
``subsection (d)''; and
(B) by striking ``subsection (e)'' and inserting
``subsection (g)''; and
(5) by inserting after subsection (e), as so redesignated,
the following:
``(f) In January of each even-numbered year, the Archivist shall,
in coordination with the Office of Administration of the Executive
Office of the President, submit to the Chairman and Ranking Member of
each committee of jurisdiction of either House of Congress, of the
Committee on Appropriations of the Senate, and of the Committee on
Appropriations of the House of Representatives and to the President a
report that--
``(1) is based on inspections conducted by the Archivist,
in coordination with the Office of Administration of the
Executive Office of the President, of the Presidential records
management programs of the Executive Office of the President;
and
``(2) evaluates--
``(A) the records management activities and
training conducted and standard operating procedures
and guidance issued pursuant to this section; and
``(B) responses to any recommendations resulting
from inspections or studies conducted under this
section.''.
(b) Conforming Amendments.--
(1) Section 2105(a)(2) of title 44, United States Code, is
amended by striking ``paragraph (f)(2)'' and inserting
``subsection (i)(2)''.
(2) Chapter 22 of title 44, United States Code, is
amended--
(A) in section 2204(b)(2)(A), by striking ``section
2203(d)(1)'' and inserting ``2203(i)(1)''; and
(B) in section 2206(1), by striking ``section
2203(f)(3)'' and inserting ``section 2203(i)(4)''.
SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS.
Section 2204 of title 44, United States Code, is amended--
(1) in subsection (b)(3), by striking ``shall not be
subject to judicial review, except as provided'' and inserting
``shall be subject to judicial review, including as provided'';
and
(2) in subsection (e)--
(A) by inserting ``(1)'' before ``The United
States''; and
(B) by adding at the end the following:
``(2)(A) A person seeking access to a Presidential record to which
access is restricted under subsection (a) may file an action in the
United States District Court for the District of Columbia seeking
release of the Presidential record.
``(B) In an action filed under subparagraph (A), the court shall
direct the release of a Presidential record, or a reasonably segregable
portion thereof, if the court determines that the Presidential record,
or the reasonably segregable portion thereof, is not within any of the
categories specified in subsection (a) and there is not a valid claim
of constitutionally based privilege against disclosure.''.
SEC. 6. EXCEPTIONS TO RESTRICTED ACCESS.
Section 2205(2)(C) of title 44, United States Code, is amended--
(1) by striking ``to any committee or subcommittee
thereof'' and inserting ``upon request by the Chairman or
Ranking Member of a committee or subcommittee thereof, to such
Chairman or ranking member,''; and
(2) by striking ``its business'' and inserting ``the
business of the committee or subcommittee''.
SEC. 7. REGULATIONS.
Section 2206 of title 44, United States Code, is amended--
(1) by inserting ``(a)'' before ``The Archivist'';
(2) in subsection (a), as so designated--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following:
``(5) provisions--
``(A) for what constitutes official and non-
official electronic messaging accounts; and
``(B) establishing procedures for documenting--
``(i) Presidential records created on non-
official electronic messaging accounts
(including emerging technologies, applications,
and platforms); and
``(ii) required metadata;
``(6) provisions for the preservation of digital media,
including from social media accounts, that may appear to be
personal records or private property but the preservation of
which may be required under this chapter; and
``(7) provisions for the appropriate circumstances and
controls for the use of messaging applications and software
with automatic deleting or other similar functionalities.'';
and
(3) by adding at the end the following:
``(b) The Archivist shall issue, and shall annually update,
implementation guidance with respect to the regulations described in
paragraphs (5) and (6) of subsection (a).''.
SEC. 8. DISCLOSURE REQUIREMENT FOR OFFICIAL BUSINESS CONDUCTED USING
NON-OFFICIAL ELECTRONIC MESSAGING ACCOUNTS.
(a) In General.--Section 2209(a) of title 44, United States Code,
is amended--
(1) in the matter preceding paragraph (1), by striking
``create or send'' and inserting ``create, send, or receive'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margin accordingly; and
(3) by striking ``The President,'' and inserting the
following:
``(1) Limitations.--Not later than 90 days after assuming
office, the President shall publicly release guidelines for
officers and employees of the Executive Office of the President
who create or receive documentary material that--
``(A) prohibit the use of non-official electronic
messaging accounts that cannot be easily copied or
forwarded to an official electronic messaging account
for official business; and
``(B) prohibit the use of messaging accounts or
software with automatic deleting or other similar
functionalities.
``(2) Requirements for use.--The President,''.
SEC. 9. PRESIDENTIAL TRANSITION ACT OF 1963.
The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended--
(1) in section 3--
(A) in subsection (a)(8)(A), by striking clause (v)
and inserting the following:
``(v)(I)(aa) Activities under this paragraph shall include the
preparation of a detailed classified, compartmented summary by the
relevant outgoing executive branch officials of--
``(AA) specific strategic, tactical, and operational
threats to national security;
``(BB) major military or covert operations; and
``(CC) pending decisions on possible uses of military force
or covert actions.
``(bb) The summary prepared under item (aa) shall be provided to
the President-elect and members of office staff with appropriate
clearances that are designated by the President-elect as soon as
possible after the date of the general elections held to determine the
electors of President and Vice President under section 1 or 2 of title
3, United States Code.
``(II) The Archivist of the United States shall collaborate with
the Federal Transition Coordinator and agencies, including the
Executive Office of the President, to ensure that the President-elect
and members of office staff with appropriate clearances that are
designated by the President-elect can easily access national security
information (including documents, videos, audio, and briefings) created
by the previous administration after the inauguration of the President-
elect.
``(III) The Archivist of the United States shall submit to the
Chairman and Ranking Member of each committee of jurisdiction of either
House of Congress, of the Committee on Appropriations of the Senate,
and of the Committee on Appropriations of the House of Representatives
a report if the Archivist of the United States believes there appears
to be noncompliance with the requirements under this clause.''; and
(B) in subsection (c)--
(i) by inserting ``(1)'' before ``The
terms''; and
(ii) by adding at the end the following:
``(2)(A) Not later than 6 days after the date of a general election
described in paragraph (1), the Administrator shall make the
ascertainment described in paragraph (1) without any interference or
undue pressure from the President or a candidate for President, or any
representative thereof, based on provisional results from State
election officials and expert analysis of results.
``(B) Given the imperatives of an orderly transition, if there is a
plausible chance that the apparent successful candidate for the office
of President and Vice President, respectively, are not the incumbent,
or if the incumbent was not a candidate, the Administrator shall
provide a portion of the services and facilities authorized to be
provided under this section to all parties with a plausible chance of
being the successful candidate.''; and
(2) in section 4--
(A) in subsection (d)--
(i) in paragraph (2)--
(I) in subparagraph (B), by
striking ``and'' at the end;
(II) in subparagraph (C), by
striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the
following:
``(D) under the guidance of the Archivist of the
United States, monitor compliance with chapter 22 of
title 44, United States Code, including the
preservation of all records and prevention of any
records from being disposed unless done in accordance
with such chapter.'';
(ii) in paragraph (3)--
(I) by redesignating subparagraphs
(C) and (D) as subparagraphs (D) and
(E), respectively; and
(II) by inserting after
subparagraph (B) the following:
``(C) the Archivist of the United States;''; and
(iii) by adding at the end the following:
``(5) Role of the archivist.--
``(A) In general.--Not later than 120 days before
the date of a Presidential election, the Archivist of
the United States shall send a written communication to
all officers and employees of the Executive Office of
the President who create or receive documentary
material (as defined under section 2201 of title 44,
United States Code)--
``(i) describing the requirements under
chapter 22 of title 44, United States Code; and
``(ii) establishing a timeline for
cooperation with the Archivist of the United
States to ensure an orderly and timely
transition of records subject to such chapter
if there is a Presidential transition.
``(B) Reporting.--
``(i) In general.--Not later than 30 days
after the date of a Presidential election which
results in a Presidential transition, the
Archivist of the United States, in coordination
with the Federal Transition Coordinator, shall
submit to the Chairman and Ranking Member of
each committee of jurisdiction of either House
of Congress, of the Committee on Appropriations
of the Senate, and of the Committee on
Appropriations of the House of Representatives
a report discussing the status of the
transition activities of the White House
Transition Coordinating Council and identifying
concerns, if any, regarding compliance with
chapter 22 of title 44, United States Code.
``(ii) Noncompliance.--The Archivist of the
United States shall submit to the Chairman and
Ranking Member of each committee of
jurisdiction of either House of Congress, of
the Committee on Appropriations of the Senate,
and of the Committee on Appropriations of the
House of Representatives a report if the
Archivist of the United States believes there
appears to be noncompliance with the
requirements or timeline described in
subparagraph (A).'';
(B) in subsection (e)(2)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) under the guidance of the Archivist of the
United States, monitor compliance with chapter 22 of
title 44, United States Code, including the
preservation of all records and prevention of any
records from being disposed unless done in accordance
with such chapter.'';
(C) by redesignating subsection (i) as subsection
(j); and
(D) by inserting after subsection (h) the
following:
``(i) Role of the Archivist.--
``(1) In general.--Not later than 120 days before the date
of a Presidential election, the Archivist of the United States
shall send a written communication to the head of each agency--
``(A) describing the requirements under chapter 33
of title 44, United States Code; and
``(B) establishing a timeline for cooperation with
the Archivist of the United States to ensure an orderly
and timely transition of records subject to such
chapter if there is a Presidential transition.
``(2) Reporting.--
``(A) In general.--Not later than 30 days after the
date of a Presidential election which results in a
Presidential transition, the Archivist of the United
States, in coordination with the Federal Transition
Coordinator, shall submit to the Chairman and Ranking
Member of each committee of jurisdiction of either
House of Congress, of the Committee on Appropriations
of the Senate, and of the Committee on Appropriations
of the House of Representatives a report discussing the
status of the transition activities of agencies and
identifying concerns, if any, regarding compliance with
chapter 33 of title 44, United States Code.
``(B) Noncompliance.--The Archivist of the United
States shall submit to the Chairman and Ranking Member
of each committee of jurisdiction of either House of
Congress, of the Committee on Appropriations of the
Senate, and of the Committee on Appropriations of the
House of Representatives a report if the Archivist of
the United States believes there appears to be
noncompliance with the requirements or timeline
described in paragraph (1).''.
SEC. 10. FORMER PRESIDENTS.
The Act entitled ``An Act to provide retirement, clerical
assistants, and free mailing privileges to former Presidents of the
United States, and for other purposes'', approved August 25, 1958
(commonly known as the ``Former Presidents Act of 1958'') (3 U.S.C. 102
note), is amended by adding at the end the following:
``(h) If the Archivist of the United States determines that a
former President did not comply with major requirements under chapter
22 of title 44, United States Code, or the Presidential Transition Act
of 1963 (3 U.S.C. 102 note), the monetary amounts described in
subsections (a) and (b) shall be withheld until the later of--
``(1) 1 year after the date on which the Archivist makes
that determination; or
``(2) the date on which the Archivist determines the former
President has adequately complied with the requirements.''.
SEC. 11. PRESIDENTIAL ARCHIVAL DEPOSITORY.
Section 2112 of title 44, United States Code, is amended--
(1) in subsection (b)--
(A) by striking ``When the Archivist'' and
inserting ``(1) Subject to paragraph (2), when the
Archivist''; and
(B) by adding at the end the following:
``(2) The Archivist may not deposit papers, documents, or
other historical materials accepted under section 2111 of this
title or other Federal records appropriate for preservation in
a Presidential archival depository relating to a former
President under paragraph (1) until after the date on which the
Archivist determines that the former President has adequately
complied with the requirements under chapter 22 relating to
Presidential records (as defined in section 2201).'';
(2) in subsection (g), by adding at the end the following:
``(6)(A) Notwithstanding paragraphs (3), (4), and (5) (to the
extent that such paragraphs are inconsistent with this paragraph), this
subsection shall be administered in accordance with this paragraph with
respect to any Presidential archival depository created as a depository
for the papers, documents, and other historical materials and
Presidential records pertaining to any President who takes any action,
including destruction, alteration, concealment, or removal, that
threatens or damages the integrity and statutory preservation
requirements under chapter 22 for Presidential records (as defined in
section 2201).
``(B) For purposes of subparagraphs (A)(ii), (B)(i)(II), and
(B)(ii)(II) of paragraph (3) the percentage of 100 percent shall apply
instead of 60 or 20 percent.''; and
(3) by adding at the end the following:
``(h) None of the funds in the account in the National Archives
Trust Fund that may be expended for the benefit and in the interest of
a Presidential archival depository relating to a former President may
be used for the cost of digitizing records the former President wishes
to deposit in and make available through the Presidential archival
depository.''.
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118HR1654 | DEPOSIT Act | [
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] | <p> <strong>Deliver Executive Profits On Seized Institutions to Taxpayers Act or the DEPOSIT Act</strong></p> <p>This bill imposes an increased tax rate on bonuses paid after March 1, 2023, and profits from sales of bank stock received by highly-paid bank executives employed by failing banks that were closed and for which the Federal Deposit Insurance Corporation has been appointed conservator or receiver. The bill expresses the sense of the Congress that revenues from such increased taxes be returned to the Deposit Insurance Fund of the Federal Deposit Insurance Corporation.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1654 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1654
To amend the Internal Revenue Code of 1986 to impose a higher rate of
tax on bonuses and profits from sales of stock received by executives
employed by failing banks that were closed and for which the Federal
Deposit Insurance Corporation has been appointed as conservator or
receiver.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Schiff (for himself, Mr. Levin, Mr. Gomez, Mr. Takano, Ms.
McCollum, Mrs. Watson Coleman, Mr. Garamendi, Mr. Mullin, Mr. Grijalva,
Mr. McGovern, Ms. Pingree, Mr. Goldman of New York, Mr. Swalwell, Mr.
Evans, Mr. Boyle of Pennsylvania, Mr. Pocan, Ms. Eshoo, Mr. Carson, and
Mr. Khanna) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to impose a higher rate of
tax on bonuses and profits from sales of stock received by executives
employed by failing banks that were closed and for which the Federal
Deposit Insurance Corporation has been appointed as conservator or
receiver.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deliver Executive Profits On Seized
Institutions to Taxpayers Act'' or the ``DEPOSIT Act''.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that the revenue raised from the
tax imposed under section 1(k) of the Internal Revenue Code of 1986 (as
added by section 3) will be returned to the Deposit Insurance Fund (as
defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813)).
SEC. 3. HIGHER RATE OF TAX ON BONUSES AND STOCK PROFITS RECEIVED BY
CERTAIN BANK EXECUTIVES.
(a) In General.--Section 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(k) Rate of Tax on Profits Received by Certain Bank Executives.--
``(1) In general.--In the case of any applicable individual
who receives any excluded profits during the taxable year, the
tax imposed by this section shall be equal to--
``(A) the tax which would be imposed by this
section if the taxable income of such individual for
the taxable year were reduced (but not below zero) by
the amount of the excluded profits received by such
individual during such taxable year, plus
``(B) 90 percent of the excluded profits described
in subclause (I) of paragraph (2)(B)(i) which were
received by such individual during such taxable year,
plus
``(C) 100 percent of the excluded profits described
in subclause (II) of such paragraph which were received
by such individual during such taxable year.
``(2) Definitions.--For purposes of this subsection--
``(A) Applicable individual.--The term `applicable
individual' means any individual--
``(i) who--
``(I) was employed by an insured
depository institution for which the
Federal Deposit Insurance Corporation
has been appointed conservator or
receiver, and
``(II) served as an executive
officer for such institution prior to
such conservatorship or receivership,
and
``(ii) with respect to the taxable year in
which the excluded profits were received, whose
adjusted gross income (reduced by the amount of
such excluded profits) for such taxable year
was greater than $250,000.
``(B) Excluded profits.--
``(i) In general.--The term `excluded
profits' means, with respect to any applicable
individual for any taxable year--
``(I) any payment in the nature of
a bonus which is paid--
``(aa) after March 1, 2023,
and
``(bb) by any insured
depository institution within
the 60-day period prior to the
date on which the Federal
Deposit Insurance Corporation
was appointed conservator or
receiver for such institution,
or
``(II) any profit made by such
applicable individual from the sale of
any security of the insured depository
institution that employs such
applicable individual, if that sale
occurs not more than 60 days before the
date on which the Federal Deposit
Insurance Corporation is appointed
conservator or receiver with respect to
the insured depository institution.
``(ii) Controlled groups.--
``(I) In general.--For purposes of
clause (i), all persons treated as a
single employer under subsection (a) or
(b) of section 52 or under subsection
(m) or (o) of section 414 shall be
treated as one person.
``(II) Inclusion of foreign
corporations.--For purposes of
subclause (I), in applying subsections
(a) and (b) of section 52 to this
section, section 1563 shall be applied
without regard to subsection (b)(2)(C)
thereof.
``(C) Executive officer.--The term `executive
officer' means, with respect to any insured depository
institution, its president, any vice president of such
institution in charge of a principal business unit,
division or function (such as sales, administration or
finance), any other officer who performs a policy
making function or any other person who performs
similar policy making functions for such institution.
Executive officers of subsidiaries may be deemed
executive officers of such institution if they perform
such policy making functions for such institution.
``(D) Insured depository institution.--The term
`insured depository institution' has the same meaning
given such term under section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act.
<all>
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118HR1655 | Jobs to Compete Act | [
[
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1655 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1655
To amend the Higher Education Act of 1965 to extend Federal Pell Grant
eligibility to certain short-term workforce programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Scott of Virginia (for himself, Ms. Blunt Rochester, and Ms.
Norton) introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to extend Federal Pell Grant
eligibility to certain short-term workforce programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs to Compete Act''.
SEC. 2. WORKFORCE PELL GRANTS.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a),
as amended by section 703 of the FAFSA Simplification Act (title VII of
division FF of Public Law 116-260), is further amended by adding at the
end the following:
``(k) Workforce Pell Grants Program.--
``(1) In general.--For award year 2025-2026 and each
succeeding award year, the Secretary shall award grants
(referred to as a `Workforce Pell Grants') to eligible students
under paragraph (2) in accordance with this subsection.
``(2) Eligible students.--To be eligible to receive a
Workforce Pell Grant under this subsection for any period of
enrollment, a student shall meet the eligibility requirements
for a Federal Pell Grant under this section, except that the
student--
``(A) notwithstanding the eligibility requirements
with respect to the program of study, shall be
enrolled, or accepted for enrollment, in an eligible
workforce program described in section 481(b)(3),
offered by an eligible institution of higher education
(as defined in section 481(b)(3)(F)); and
``(B) notwithstanding the eligibility requirements
with respect to the first undergraduate baccalaureate
course of study under subsection (d)(1) may have
completed such first undergraduate baccalaureate course
of study, but shall not have received a
postbaccalaureate degree.
``(3) Terms and conditions of awards.--The Secretary shall
award Workforce Pell Grants under this subsection in the same
manner and with the same terms and conditions as the Secretary
awards Federal Pell Grants under subsection (b), except that a
student who is eligible for a grant equal to less than the
amount of the minimum Federal Pell Grant because the eligible
workforce program in which the student is enrolled or accepted
for enrollment is less than an academic year (in hours of
instruction or weeks of duration) may still be eligible for a
Workforce Pell Grant.
``(4) Prevention of double benefits.--No eligible student
described in paragraph (2) may, for the same period of
enrollment, receive both a grant under this subsection and a
Federal Pell Grant under subsection (b) or (c).
``(5) Inclusion in total eligibility period.--Any period
during which a student receives a Workforce Federal Pell Grant
under this subsection shall be included in calculating the
student's period of eligibility for Federal Pell Grants under
subsection (d), and the eligibility requirements regarding
students who are enrolled in an undergraduate program on less
than a full-time basis shall similarly apply to students who
are enrolled in an eligible workforce program at an eligible
institution of higher education on less than a full-time
basis.''.
SEC. 3. PROGRAM ELIGIBILITY FOR WORKFORCE PELL GRANTS.
(a) Eligible Workforce Programs.--Section 481(b) of the Higher
Education Act of 1965 (20 U.S.C. 1088(b)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Eligible program for purposes of workforce pell
grants.--
``(A) In general.--A program is an eligible program
for purposes of the Workforce Pell Grants program under
section 401(k) (referred to in this paragraph as an
`eligible workforce program') only if the program--
``(i) is at least 150 clock hours of
instruction, but less than 600 clock hours of
instruction (or an equivalent number of credit
hours) offered during a minimum of 8 weeks, but
less than 15 weeks;
``(ii) in a case in which the State in
which the program is located, or a Federal
agency, has established the minimum number of
clock hours (or an equivalent number of credit
hours) required for the training provided by
such program, does not exceed by more than 50
percent such minimum number of clock hours (or
credit hours);
``(iii) is a career and technical education
program at an eligible institution of higher
education;
``(iv) provides an education aligned with
the requirements of high-skill, high-wage, or
in-demand industry sectors or occupations
(including in nontraditional fields) in the
State or local area in which the program is
provided, as determined by an accrediting
agency or association recognized by the
Secretary pursuant to section 496(a)(4)(C),
after validation of such determination by--
``(I) the State board or local
board that serves such State or local
area;
``(II) the eligible agency for such
State, on the basis of the sectors or
occupations in such State that such
eligible agency identifies under
section 122(d)(13)(C) of the Carl D.
Perkins Career and Technical Education
Act of 2006;
``(III) the eligible agency for
such State, on the basis of the results
of the comprehensive needs assessment
submitted to the agency under section
134(b)(1) of the Carl D. Perkins Career
and Technical Education Act of 2006
with respect to the local area in which
the program is provided; or
``(IV) an industry or sector
partnership convened by or acting in
partnership with the State board or
local board that serves such State or
local area;
``(v) is a program--
``(I) provided through an eligible
training provider, as described under
section 122(d) of the Workforce
Innovation and Opportunity Act; and
``(II) subject to the reporting
requirements of section 116(d)(4) of
the Workforce Innovation and
Opportunity Act, or would be subject to
such requirements except for a waiver
issued to a State under section 189(i)
of the Workforce Innovation and
Opportunity Act;
``(vi) has been determined by the eligible
institution of higher education providing such
program (after validation of that determination
by at least one of the entities described in
subclauses (I) through (IV) of clause (iv)) to
provide academic content, an amount of
instructional time, competencies, and a
recognized postsecondary credential that are
sufficient to--
``(I) meet the hiring requirements
of potential employers in the sectors
or occupations described in clause
(iv); and
``(II) satisfy any applicable
educational prerequisite requirement
for professional licensure or
certification in the State or States in
which the program is offered, so that a
student who completes the program and
seeks employment is qualified to
practice or find employment in such
sectors or occupations that the program
prepares students to enter, including,
if applicable, being qualified to take
any relevant licensure or certification
examinations that may be needed to
practice such employment;
``(vii) subject to subparagraph (E),
provides a student, upon completion of the
program, with a recognized postsecondary
credential that is stackable and portable
across multiple employers and geographical
areas;
``(viii) not later than 18 months after the
date the program has been approved as an
eligible workforce program under this
paragraph, has demonstrated that students who
complete the program receive a median increase
of 20 percent of median earnings as compared to
median earnings of such students prior to
enrolling in such program, in accordance with
subparagraph (B);
``(ix) not later than 18 months after the
date the program has been approved as an
eligible workforce program under this
paragraph, has demonstrated (on the basis of
the data collected under section 131(i) and
such other information as the Secretary may
require) that the median earnings of students
who complete such program, as calculated in
accordance with subparagraph (B)(i)(II), exceed
the median earnings for adults who are at least
25 years old, but younger than 35 years old,
with only high school diploma (or a recognized
equivalent) in the State in which the program
is located, based on data from the Bureau of
the Census and approved by the Secretary;
``(x) publishes prominently on the website
of the institution, and provides a written
disclosure to each prospective student prior to
entering into an enrollment agreement for such
program (which each such student shall confirm
receiving through a written affirmation prior
to entering such enrollment agreement)
containing, at a minimum, the following
information calculated, as applicable, in
accordance with section 131(i), including--
``(I) the required tuition and fees
of the program;
``(II) the difference between
required tuition and fees described in
subclause (I) and any grant aid (which
does not need to be repaid) provided to
the student;
``(III) the completion rate of the
program;
``(IV) the employment rates of
students who complete the program,
measured at approximately 6 months and
1 year, respectively, after completion
of the program;
``(V) median earnings of students
who complete the program, as calculated
in accordance with subparagraph
(B)(i)(II));
``(VI) median earnings of students
who do not complete the program,
calculated based on earnings
approximately 6 months after ceasing
enrollment in the program;
``(VII) the ratio of the amount
that is the difference between required
tuition and fees and any grant aid
provided to the student described in
subclause (II) to the median earnings
of students described in subclause (V);
``(VIII) an explanation, in clear
and plain language that shall be
specified by the Secretary, of the
ratio described in subclause (VII); and
``(IX) in the case of a program
that prepares students for a
professional licensure or certification
examination, the share of such students
who pass such examinations;
``(xi) prepares students to pursue one or
more related certificate or degree programs at
one or more institutions of higher education
(which may include the eligible institution of
higher education providing the eligible
workforce program), including--
``(I) by ensuring the acceptability
of the credits received under the
workforce program toward meeting such
certificate or degree program
requirements (such as through an
articulation agreement as defined in
section 486A); and
``(II) subject to subparagraph (B),
by ensuring that a student who
completes noncredit coursework in the
workforce program, upon completion of
the workforce program and enrollment in
such a related certificate or degree
program, will receive academic credit
for such noncredit coursework that will
be accepted toward meeting such
certificate or degree program
requirements;
``(xii) is not offered exclusively through
distance education or a correspondence course,
except as determined by the Secretary to be
necessary, on a temporary basis, in connection
with a--
``(I) major disaster or emergency
declared by the President under section
401 or 501 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 and
5191); or
``(II) national emergency declared
by the President under section 201 of
the National Emergencies Act (50 U.S.C.
1601 et seq.);
``(xiii) includes counseling for students
to--
``(I) support each such student in
achieving the student's education and
career goals; and
``(II) ensure that each such
student receives information on--
``(aa) the sectors or
occupations described in clause
(iv) for which the eligible
workforce program provides
training (including the median
earnings of students who have
completed the program, as
calculated in accordance with
subparagraph (B)(i)(II), and
are employed in such sectors or
occupations);
``(bb) the related
certificate or degree programs
described in clause (xi) for
which the workforce program
provides preparation; and
``(cc) other sources of
financial aid or other
assistance for any component of
the student's cost of
attendance (as defined in
section 472);
``(xiv) meets requirements that are
applicable to a program of training to prepare
students for gainful employment in a recognized
occupation;
``(xv) has been offered by an institution
for not less than 1 year prior to a
determination by such agency or association
under this paragraph;
``(xvi) has a verified completion rate of
at least 70 percent, calculated so as to ensure
that a student shall be counted as a completion
if the student completes the program within 150
percent of the normal time for completion;
``(xvii) has a verified a employment
placement rate of at least 70 percent, as
determined in accordance with the regulations
of the Secretary;
``(xviii) submits to the Secretary, for
each institutional fiscal year, disclosures on
the expenditures of the program; and
``(xix) in the case of a program that has
been approved for not less than 4 years as an
eligible workforce program under this
paragraph, for each of the 3 most recent fiscal
years for which the institution submits the
disclosures under clause (xviii), the amount
expended by the program for educational
spending is greater than or equal to an amount
equal to 1/2 of the amount of revenue for such
program derived from tuition and fees for such
program.
``(B) Median earnings increase requirement.--
``(i) In general.--Subject to clauses (ii)
and (iii), the Secretary shall, using the data
collected under section 131(i) and such other
information as the Secretary may require,
determine whether a workforce program meets the
requirements of subparagraph (A)(viii) with
respect to whether the students who complete
the program receive a median increase of 20
percent of such students' median earnings. For
the purposes of this paragraph, the Secretary
shall determine such percentage increase by
calculating the difference between--
``(I) the median earnings of
students who enroll in such program,
calculated based on earnings
approximately 6 months prior to
enrollment; and
``(II) the median earnings of
students who complete such program,
calculated based on earnings
approximately 6 months after completing
such program, subject to clause (ii).
``(ii) Exclusion.--An eligible institution
of higher education offering a program has been
approved as an eligible workforce program under
this paragraph may exclude from the calculation
under clause (i)(II) any students who are
enrolled in any eligible program (as such term
is defined in this subsection) at the time that
earnings are evaluated under clause (i)(II).
``(iii) Date of effect.--The requirement
under this paragraph shall take effect
beginning on the date that is 18 months after
the date the program has been approved as an
eligible workforce program under this
paragraph.
``(C) Appeals process.--The Secretary shall
establish an appeals process to permit any program has
been approved as an eligible workforce program under
this paragraph to submit alternate earnings data to
comply with subparagraph (A)(ix) or subparagraph (B),
provided that such data are statistically rigorous,
accurate, comparable, and representative of students
who receive a Workforce Pell Grant, and enroll in and
complete the program.
``(D) Approval by the secretary.--
``(i) Initial eligibility.--
``(I) In general.--In the case of a
program that is seeking to establish
initial eligibility as an eligible
workforce program under this paragraph,
the Secretary shall make a
determination whether the program meets
the requirements of this paragraph not
more than 120 days after the date on
which such program is submitted for
consideration as an eligible workforce
program. If the Secretary determines
the program meets the requirements of
this paragraph, the Secretary shall
grant an initial period of approval of
2 years.
``(II) Additional state
assurance.--The Secretary shall not
determine that a program is an eligible
workforce program in accordance with
subclause (I) unless the Secretary
receives a certification from the State
in which the eligible workforce program
is provided, containing an assurance
that the program meets the requirements
of clauses (iv) through (vi) of
subparagraph (A).
``(ii) Renewal of approval by the
secretary.--An eligible workforce program that
desires to continue eligibility as an eligible
workforce program after the period of initial
approval described in clause (i), or the
subsequent period described in this clause,
shall submit a renewal application to the
Secretary (with such information as the
Secretary may require), not more than 270 days
and not less than 180 days before the end of
the previous approval period. If the Secretary
determines the program meets such requirements,
the Secretary shall grant another period of
approval for 3 years.
``(iii) Revocation of approval by the
secretary.--If at any time the Secretary
determines that a program previously approved
under clause (i) or (ii) is no longer meeting
any of the requirements of an eligible
workforce program described in this subsection,
the Secretary--
``(I) shall deny a subsequent
renewal of approval in accordance with
clause (ii) for such program after the
expiration of the approval period;
``(II) may withdraw approval for
such program before the expiration of
the approval period;
``(III) shall ensure students who
enrolled in such programs have access
to transcripts for completed coursework
without a fee or monetary charge and
without regard to any balance owed to
the institution; and
``(IV) shall prohibit such program
and any substantially similar program,
from being considered an eligible
workforce program described in this
subsection for a period of not less
than 5 years.
``(E) Exceptions for certain programs.--The
requirements of subparagraph (A)(ix)(II) and the
requirement that a program be stackable (as described
in subparagraph (A)(vii)) shall not apply to any
program seeking approval as an eligible workforce
program under this paragraph with respect to which at
least one of the entities described in subclauses (I)
through (IV) of subparagraph (A)(iv) determines--
``(i) prepares students for employment in
an occupation for which there is only one
recognized postsecondary credential; and
``(ii) provides students with such a
credential upon completion of such program.
``(F) Eligibility for participation in federal
direct loan program.--A program that has been approved
as an eligible workforce program under this paragraph
is an eligible program for purposes of part D only if
such program consists of at least 300 clock hours of
instruction, but less than 600 clock hours of
instruction (or an equivalent number of credit hours)
offered during a minimum of 10 weeks, but less than 15
weeks.
``(G) Definitions.--In this paragraph:
``(i) Career and technical education.--The
term `career and technical education' has the
meaning given the term in section 3 of the Carl
D. Perkins Career and Technical Education Act
of 2006.
``(ii) Educational spending.--
``(I) In general.--The term
`educational spending' means amounts
expended on instruction or
instructional activities, academic
support, and support services.
``(II) Exclusions.--The term
`educational spending' does not include
amounts expended on recruiting
activities, advertising, or other pre-
enrollment expenditures.
``(iii) Eligible institution of higher
education.--The term `eligible institution of
higher education' means an institution of
higher education (as defined in section 102)
that--
``(I) is approved by an accrediting
agency or association that meets the
requirements of section 496(a)(4)(C);
and
``(II) has not been subject, during
any of the preceding 5 years, to--
``(aa) any suspension,
emergency action, or
termination of programs under
this title;
``(bb) any adverse action
by the institution's
accrediting agency or
association; or
``(cc) any action by the
State to revoke a license or
other authority to operate.
``(iv) Median earnings.--The term `median
earnings' means the median annualized earnings,
calculated using earnings for a pay period,
month, quarter, or other time period deemed
appropriate by the Secretary.
``(v) WIOA definitions.--The terms
`industry or sector partnership', `in-demand
industry sector or occupation', `recognized
postsecondary credential', `local board', and
`State board' have the meanings given such
terms in section 3 of the Workforce Innovation
and Opportunity Act.''.
(b) Sunset of Loan Eligibility for Certain Short-Term Programs.--
Section 481(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1088(b)(2)) is amended by adding at the end the following--
``(C) No program may be determined eligible under
this paragraph on or after the date that is 60 days
after the date on which the Secretary approves the
first workforce program for purposes of the Workforce
Pell Grants Program under section 401(k).''.
SEC. 4. DATA COLLECTION AND DISSEMINATION RELATED TO WORKFORCE PELL.
Section 131 of the Higher Education Act of 1965 (20 U.S.C. 1015) is
amended by adding at the end the following:
``(i) Interagency Data Coordination and Data Collection Related to
Workforce Pell.--
``(1) Interagency data coordination.--The Secretary shall
coordinate with the Secretary of Labor to ensure access to data
necessary to implement this subsection that is not otherwise
available to the Secretary, including such data related to
indicators of performance collected under section 116 of the
Workforce Innovation and Opportunity Act.
``(2) Data on eligible workforce programs.--Except as
provided under paragraph (3), the Secretary, in coordination
with the National Center for Education Statistics, the
Secretary of Labor, and each institution of higher education
offering an eligible workforce program for which the Secretary
awards Workforce Federal Pell Grants under section 401(k),
shall, on an annual basis and using, to the greatest extent
practicable, data otherwise available to the Secretary,
collect, verify, and make publicly available on the College
Scorecard, or any similar successor website, information with
respect to such eligible workforce program, including, at a
minimum, the following:
``(A) the length of the program (as measured in
clock hours, credit hours, or weeks);
``(B) the number and demographics of students who
enroll in the program during the most recent academic
year for which data is available, disaggregated by--
``(i) sex;
``(ii) race and ethnicity;
``(iii) classification as a student with a
disability;
``(iv) income quintile, as defined by the
Secretary;
``(v) military or veteran benefit status;
``(vi) status as a first-time student or
transfer student from another institution;
``(vii) status as a first generation
college student;
``(viii) status as parent or guardian of 1
or more dependent children;
``(ix) status as a confined or incarcerated
individual, as defined under section
484(t)(1)(A); and
``(x) status as a recipient of a Workforce
Federal Pell Grant;
``(C) the number and demographics, disaggregated by
the categories listed in subparagraph (B), of students
who--
``(i) complete the program within 150
percent of the normal time for completion of
such program; and
``(ii) do not complete the program;
``(D) the required tuition and fees of the program;
``(E) the median earnings (as defined in section
481(b)(3)(F)) of students, disaggregated by the
categories listed in subparagraph (B), who--
``(i) complete the program, calculated
based on earnings approximately 6 months after
completing such program; and
``(ii) do not complete the program,
calculated based on earnings approximately 6
months after ceasing enrollment in such
program; and
``(F) outcomes of the students who complete the
program, disaggregated by the categories listed in
subparagraph (B), with respect to--
``(i) the median time for completion of
such students;
``(ii) the employment rates of such
students--
``(I) 6 months after completion of
such program; and
``(II) 1 year after completion of
such program;
``(iii) in the case of a program that
prepares students for a professional licensure
or certification examination, the percentage of
such students who pass such examinations;
``(iv) the percentage of such students who
enroll in a certificate or degree program at
the institution of higher education offering
the program within 1 year of completing such
program;
``(v) the percentage of such students who
transfer to another institution of higher
education within 1 year of completing such
program; and
``(vi) the percentage of such students who
complete a subsequent certificate or degree
program at any institution of higher education
within 6 years of completing such program.
``(3) Exceptions.--Notwithstanding any other provision of
this subsection--
``(A) if disclosure of any data under paragraph (1)
is prohibited from disclosure due to applicable privacy
restrictions under State or Federal privacy laws or
regulations, the Secretary may take such steps as the
Secretary determines necessary to provide meaningful
disaggregated student demographic or outcome
information, including combining categories;
``(B) an institution may submit, and the Secretary
may publish, data required to be collected under
paragraph (2) that is obtained through a State
Unemployment Insurance Agency or through other
supplemental means, in lieu of any additional data
collection, provided that such data are statistically
rigorous, accurate, comparable, and representative;
``(C) to the extent that another provision of this
Act, or any regulation prescribed under this Act,
requires the same reporting or collection of data that
is required under paragraph (2), the Secretary may
consider the reporting under such provision or
regulation to satisfy the requirements of paragraph
(2); and
``(D) the Secretary, in consultation with the
Secretary of Labor, may modify or waive the
requirements to disaggregate data by the categories
listed in paragraph (2)(B) for data described in
subparagraphs (E) and (F)(iii) of paragraph (2) to
align with the reporting requirements of section
116(d)(4) of the Workforce Innovation and Opportunity
Act, streamline reporting requirements, and minimize
reporting burdens.''.
SEC. 5. ACCREDITING AGENCY DETERMINATION OF ELIGIBILITY REQUIREMENTS
FOR THE WORKFORCE PELL GRANTS PROGRAM.
(a) Recognition of Accrediting Agency or Association.--Section
496(a)(4) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)(4))
is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B)(ii), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) if such agency or association has or seeks to
include within its scope of recognition the evaluation
of the quality of institutions of higher education
offering an eligible workforce program for purposes of
the Workforce Federal Pell Grant program under section
401(k), such agency or association shall, in addition
to meeting the other requirements of this subpart,
demonstrate to the Secretary that, with respect to such
eligible workforce programs--
``(i) the agency or association's standards
include a process for determining if the
institution has the capability to effectively
offer an eligible workforce program; and
``(ii) the agency or association requires a
demonstration that the program--
``(I) has identified each
recognized postsecondary credential
offered in the relevant industry in the
State or local area where the industry
is located; and
``(II) provides academic content,
an amount of instructional time,
competencies, and a recognized
postsecondary credential sufficient to
satisfy any applicable educational
requirement for professional licensure
or certification in the State or States
in which the program is offered, so
that a student who completes the
program and seeks employment is
qualified to practice or find
employment in the sectors or
occupations that the program prepares
students to enter, including, if
applicable, being qualified to take any
relevant licensure or certification
examinations that may be needed to
practice such employment.''.
(b) Additional NACIQI Review Meetings.--For the purpose of
preparing for the implementation of the Workforce Pell Grant program
under section 401(k) of the Higher Education Act of 1965 (as added by
section 4), in addition to the meetings required under section
114(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1011c(d)(1)),
the National Advisory Committee on Institutional Quality and Integrity
(as established by such section 114) shall, through 2025, hold meetings
to evaluate the additions to the scope of recognition of accrediting
agencies and associations with respect to an eligible workforce program
for purposes of the Workforce Pell Grants program (in accordance with
section 481(b)(3) of the Higher Education Act of 1965, as added by
section 3).
(c) Interim Accreditation Authority.--
(1) Notification.--Beginning on the date of enactment of
this Act, a qualified accrediting agency or association which
seeks to include within its scope of recognition the evaluation
of the quality of institutions offering eligible workforce
programs for the purposes of the Workforce Pell Grants program,
may include within its scope of recognition the evaluation of
such institutions if the accrediting agency or association--
(A) submits to the Secretary a notification of the
agency's or association's intent to add the evaluation
of such institutions to its scope of recognition; and
(B) includes with such notification an explanation
of how the agency or association intends to meet the
criteria under section 496(a)(4)(C) of the Higher
Education Act of 1965 (as added by subsection (a)) with
respect to the evaluation of institutions for purposes
of the Workforce Pell Grants program.
(2) Review of scope of changes.--Upon receipt of a
notification from an accrediting agency or association under
paragraph (1), the Secretary shall direct the National Advisory
Committee on Institutional Quality and Integrity (as
established by section 114 of the Higher Education Act of 1965
(20 U.S.C. 1011c)) to evaluate, at the next available meeting
of such Committee, the addition to the scope of recognition of
the agency or association and to advise the Secretary with
respect to whether the agency or association meets the criteria
under section 496(a)(4)(C) of the Higher Education Act of 1965
(as added by subsection (a)).
(3) Termination of interim authority.--The interim
authority under this subsection for an agency or association to
include within its scope of recognition the evaluation of the
quality of institutions offering eligible workforce programs
for the purposes of the Workforce Pell Grants program shall
terminate on the earlier of--
(A) the date that is 5 years after the date of
enactment of this Act; or
(B) the date on which the Secretary determines
whether such agency or association meets the criteria
under section 496(a)(4)(C) of the Higher Education Act
of 1965 (as added by subsection (a)).
(4) Definitions.--In this subsection:
(A) Qualified accrediting agency or association.--
The term ``qualified accrediting agency or
association'' means an accrediting agency or
association recognized by the Secretary under section
496 of the Higher Education Act of 1965 (20 U.S.C.
1099b) that seeks, for the first time, to add to its
scope of recognition the evaluation of the quality of
institutions offering an eligible workforce program for
purposes of the Workforce Pell Grants program.
(B) Workforce pell grants program.--The term
``Workforce Pell Grants program'' means the Workforce
Pell Grant program under section 401(k) of the Higher
Education Act of 1965 (as added by section 2).
SEC. 6. WORKFORCE INNOVATION AND OPPORTUNITY ACT AMENDMENT.
(a) In General.--
(1) Eligible training provider reports.--Section 116(d)(4)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(d)(4)) is amended--
(A) in subparagraph (E), by striking ``and'' after
the semicolon;
(B) in subparagraph (F), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(G) for programs of study of an eligible provider
participating in the Workforce Federal Pell Grant
program under section 401(k) of the Higher Education
Act of 1965 such information related to employment and
earnings as may be required under section 481(b)(3),
including information relating to the total earnings
increase under section 481(b)(3)(B), except that the
sanctions for failure to report under subsection
(f)(1)(B) of this section shall not apply to this
subparagraph.''.
(2) Interagency data coordination.--Section 116(i) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3141(i)) is
amended by adding at the end the following:
``(4) Interagency data coordination for workforce federal
pell grant program.--The Secretary of Labor shall coordinate
with the Secretary of Education to ensure access to data
necessary to implement sections 401(k) and 481(b)(3) of the
Higher Education Act of 1965 (20 U.S.C. 1070a(k); 1088(b)(3))
that is not otherwise available to the Secretary of Education,
which may include data related to unemployment insurance, wage
information, employment-related outcomes, and indicators of
performance collected under this section.''.
<all>
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|
118HR1656 | USA Workforce Tax Credit Act | [
[
"S001199",
"Rep. Smucker, Lloyd [R-PA-11]",
"sponsor"
]
] | <p> <strong>USA Workforce Tax Credit Act </strong></p> <p>This bill allows individual taxpayers and business entities a new tax credit for charitable contributions to a workforce development or apprenticeship training organization.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1656 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1656
To amend the Internal Revenue Code of 1986 to allow a credit against
tax for charitable donations to nonprofit organizations providing
workforce training.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Smucker introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to allow a credit against
tax for charitable donations to nonprofit organizations providing
workforce training.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USA Workforce Tax Credit Act''.
SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO WORKFORCE DEVELOPMENT AND
APPRENTICESHIP TRAINING ORGANIZATIONS.
(a) Credit for Individuals.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 25E the following new section:
``SEC. 25F. QUALIFIED WORKFORCE DEVELOPMENT AND APPRENTICESHIP TRAINING
PROGRAMS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the amount of qualified
contributions made by the taxpayer during the year.
``(b) Dollar Limitations.--
``(1) Income limitation.--The amount allowed as a credit
under subsection (a) with respect to any taxpayer shall not
exceed 25 percent of the tax liability of the taxpayer with a
maximum value of $250,000.
``(2) Reduction based on state credit.--The amount allowed
as a credit under subsection (a) for a taxable year shall be
reduced by the amount allowed as a credit on any State tax
return of the individual for qualified contributions made by
the taxpayer during the taxable year.
``(c) Qualified Contributions; Other Definitions.--For purposes of
this section--
``(1) Qualified contribution.--The term `qualified
contribution' means a charitable contribution (as defined by
section 170(c)) to a workforce development or apprenticeship
training organization.
``(2) Workforce development or apprenticeship training
organization.--The term `workforce development or
apprenticeship training organization' means any organization--
``(A) which--
``(i) is described in section 501(c)(3) and
exempt from tax under section 501(a), and
``(ii) is not a private foundation,
``(B) the exclusive purpose if which is--
``(i) to provide workforce development and
apprenticeship training to eligible
participants, including--
``(I) community colleges,
``(II) workforce training programs,
as defined by State workforce agencies,
``(III) organizations that provide
career and technical education,
``(IV) organizations that provide
training or apprenticeships operated by
a collective bargaining organization,
``(V) community organizations that
provide full certified training, and
``(VI) private schools that confer
diplomas, degrees, or certify
completion of certain grades, or
``(ii) to provide scholarships for use in
obtaining workforce development and
apprenticeship training described in clause (i)
at an organization which is exempt from tax
under section 501(a) (other than a private
foundation), and
``(C) that is in compliance with all applicable
State laws, including laws relating to unlawful
discrimination, health and safety requirements, and
criminal background checks of employees.
``(3) Eligible participants.--The term `eligible
participant' means an individual who is enrolled in a workforce
development and apprenticeship training organization, as
described in paragraph (2)(B).
``(d) Denial of Double Benefit.--No deduction shall be allowed
under any provision of this chapter for any expense for which a credit
is allowed under this section.
``(e) Election.--This section shall apply to a taxpayer for a
taxable year only if such taxpayer elects to have this section apply
for such taxable year.
``(f) Application of Volume Cap.--A contribution shall be taken
into account under this section only if such contribution is recognized
by the Secretary as applying against the volume cap established under
section 4 of the USA Workforce Tax Credit Act.''.
(2) Clerical amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 of such Code is
amended by inserting after the item relating to section 25E the
following new item:
``Sec. 25F. Qualified Workforce Development and Apprenticeship Training
Programs.''.
(b) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of such Code is amended by adding at the end the
following new section:
``SEC. 45BB. CONTRIBUTIONS TO WORKFORCE DEVELOPMENT OR APPRENTICESHIP
TRAINING ORGANIZATIONS.
``(a) General Rule.--For purposes of section 38, in the case of a
corporation, the workforce development and apprenticeship training
credit determined under this section for the taxable year is the
aggregate amount of qualified contributions for the taxable year.
``(b) Limitation.--
``(1) Income limitation.--The amount of the credit
determined under this section for any taxable year shall not
exceed the lesser of--
``(A) 25 percent of the tax liability of the
taxpayer for the taxable year, and
``(B) $250,000.
``(2) Reduction based on state credit.--The amount allowed
as a credit under subsection (a) for a taxable year shall be
reduced by the amount allowed as a credit on any State tax
return of the individual for qualified contributions made by
the taxpayer during the taxable year.
``(3) Qualified contributions.--For purposes of this
section, the term `qualified contribution' has the meaning
given such term under section 25F.
``(c) Denial of Double Benefit.--No deduction shall be allowed
under any provision of this chapter for any expense for which a credit
is allowed under this section.
``(d) Election.--This section shall apply to a taxpayer for a
taxable year only if such taxpayer elects to have this section apply
for such taxable year.
``(e) Application of Volume Cap.--A contribution shall be taken
into account under this section only if such contribution is recognized
by the Secretary as applying against the volume cap established under
section 4 of the USA Workforce Tax Credit Act.''.
(2) Conforming amendments.--Section 38(b) of such Code is
amended by striking ``plus'' at the end of paragraph (40), by
striking the period and inserting ``, plus'' at the end of
paragraph (41), and by adding at the end the following new
paragraph:
``(42) the workforce development or apprenticeship training
credit determined under section 45BB(a).''.
(3) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following new item:
``Sec. 45BB. Contributions to workforce development or apprenticeship
training organizations.''.
(c) Excise Tax on Failure of Scholarship Granting Organizations To
Make Distributions.--
(1) In general.--Chapter 42 of such Code is amended by
adding at the end the following new subchapter:
``Subchapter I--Organizations Providing Workforce Development or
Apprenticeship Training
``Sec. 4969. Tax on failure to distribute receipts.
``SEC. 4969. TAX ON FAILURE TO DISTRIBUTE RECEIPTS.
``(a) Tax Imposed.--There is hereby imposed a tax on the failure of
a workforce development or apprenticeship training organization (as
defined in section 25F(c)) to make distributions in any taxable year in
an amount equal to or in excess of the required distribution amount
before the distribution deadline relating to a taxable year.
``(b) Amount of Tax.--The tax imposed by subsection (a) with
respect to a taxable year shall be equal to 15 percent of the excess
(if any) of--
``(1) the required distribution amount with respect to the
taxable year, over
``(2) the amount of receipts of the workforce development
or apprenticeship training organization for each taxable year
which are distributed before the distribution deadline with
respect to such receipts.
``(c) Definitions.--For purposes of this section--
``(1) Required distribution amount.--
``(A) In general.--The required distribution amount
with respect to a taxable year is the amount equal to
100 percent of the total receipts of the workforce
development or apprenticeship training organization for
such taxable year--
``(i) reduced by the sum of such receipts
that are retained for administrative expenses
for the taxable year or are carried to the
succeeding taxable year under subparagraph (C),
and
``(ii) increased by the amount of the
carryover under subparagraph (C) from the
preceding taxable year.
``(B) Administrative expenses.--For purposes of
this paragraph, not more than 10 percent of total
receipts of a qualified workforce development or
apprenticeship training organization for a taxable year
may be used for administrative purposes.
``(C) Carryover.--Receipts of a qualified workforce
development or apprenticeship training organization
that are not disbursed for the taxable year or retained
for administrative purposes for the taxable year shall
be carried to the succeeding taxable year. The amount
carried to the taxable year under the preceding
sentence shall not exceed 15 percent of total receipts
of the qualified workforce development or
apprenticeship training organization for the taxable
year.
``(2) Distributions.--The term `distribution' includes
amounts which are formally committed but not distributed. A
formal commitment described in the preceding sentence may
include contributions set aside for eligible students or
participants for more than one year.
``(3) Distribution deadline.--The distribution deadline
with respect to receipts for a taxable year is the first day of
the second taxable year following the taxable year in which
such receipts are received by the scholarship granting
organization.
``(d) Reasonable Cause Exception.--The tax imposed by subsection
(a) shall not apply with respect to any failure to make required
distributions before the distribution deadline which is not willful and
is due to reasonable cause.''.
(2) Abatement of tax.--
(A) General rule.--Subsection (b) of section 4962
of such Code is amended by striking ``or G'' and
inserting ``G, or I''.
(B) First tier tax.--Subsection (a) of section 4963
of such Code is amended by inserting ``4969,'' after
``4967,''.
(C) Taxable event.--Subsection (c) of section 4963
of such Code is amended by inserting ``4969,'' after
``4967,''.
(3) Correction period.--Subparagraph (A) of section
4963(e)(2) of such Code is amended by inserting ``or 4969''
after ``4942''.
(4) Clerical amendment.--The table of subchapters for
chapter 42 of such Code is amended by adding at the end the
following new item:
``subchapter i. organizations providing workforce development,
apprenticeship training, or scholarships''.
(c) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after December 31, 2023.
SEC. 3. ORGANIZATIONAL AUTONOMY.
A participating eligible organization or entity under the programs
established pursuant to this Act are autonomous and not agents of the
State or Federal Government and therefore--
(1) a Federal or State agency may not in any way regulate
the program of a participating entity that accepts a
contribution under this Act;
(2) the provision of tax credits under this Act does not
expand the regulatory authority of the Federal Government, the
State, its officers, or any school district to impose any
additional regulation of an entity beyond those necessary to
enforce the requirements of this Act; and
(3) participating eligible entities shall be given the
maximum freedom to provide for the needs of their participants
without government control.
SEC. 4. VOLUME CAP.
(a) Amount.--The volume cap amount available for tax credits
allowed under sections 25F and 45BB of the Internal Revenue Code of
1986, as added by this Act, shall be $2,000,000,000 annually, beginning
for taxable years beginning in 2024 and for each succeeding calendar
year thereafter.
(b) Application for Credits.--The Secretary shall develop a system
to track and make available information in real time, regarding
availability of such tax credits to donors which will be available on a
first-come, first-serve basis.
<all>
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118HR1657 | Lake Winnibigoshish Land Exchange Act of 2023 | [
[
"S001212",
"Rep. Stauber, Pete [R-MN-8]",
"sponsor"
],
[
"F000475",
"Rep. Finstad, Brad [R-MN-1]",
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[
"N000191",
"Rep. Neguse, Joe [D-CO-2]",
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]
] | <p><strong>Lake Winnibigoshish Land Exchange Act of 2023</strong></p> <p>This bill directs the Forest Service to exchange specified land in the Chippewa National Forest in Minnesota for specified land owned by Big Winnie Land and Timber, LLC, (BWLT), if BWLT offers to make the exchange.</p> <p>The exchange shall be for equal value or the values shall be equalized by a cash payment, subject to an exception. </p> <p>The land acquired by the Forest Service shall be added to and managed as part of Chippewa National Forest. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1657 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1657
To provide for a land exchange in the Chippewa National Forest,
Minnesota, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Stauber (for himself, Mr. Finstad, Mrs. Fischbach, Mr. Huffman, and
Mr. Neguse) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for a land exchange in the Chippewa National Forest,
Minnesota, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lake Winnibigoshish Land Exchange
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) BWLT.--The term ``BWLT'' means Big Winnie Land and
Timber, LLC, a Minnesota Limited Liability Corporation.
(2) Map.--The term ``Map'' means the map entitled
``Proposed Land Exchange - Big Winnie Land and Timber LLC and
Chippewa National Forest'' and dated January 4, 2023.
(3) Federal land.--The term ``Federal land'' means the
approximately 13.8 acres of Federal land in Itasca County,
Minnesota, generally depicted as the ``Federal Parcel for
Exchange'' on the Map.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 38 acres of non-Federal land in Itasca
County, Minnesota, generally depicted as the ``Private Parcel
for Exchange'' on the Map.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
SEC. 3. EXCHANGE OF LAND.
(a) Exchange Authorized.--Subject to the provisions of this Act, if
BWLT offers to convey the non-Federal land to the United States, the
Secretary shall, not later than 180 days after receiving the offer--
(1) accept the offer;
(2) convey to BWLT all right, title, and interest of the
United States in and to the Federal land; and
(3) accept from BWLT all right, title, and interest of BWLT
in and to the non-Federal land.
(b) Requirements.--The exchange under subsection (a) shall be--
(1) subject to valid existing rights; and
(2) conditioned on a cash equalization payment made by BWLT
to the United States in accordance with subsection (c) if,
under the appraisals conducted in accordance with this Act, it
is determined that the value of the Federal land exceeds the
value of the non-Federal land.
(c) Equal Value and Cash Equalization.--
(1) In general.--Except as provided in paragraph (2), the
exchange under subsection (a) shall be for equal value or the
values shall be equalized by a cash payment.
(2) Exception.--If the appraised value of the non-Federal
land conveyed to the Secretary exceeds the appraised value of
the Federal land, a cash equalization payment by the United
States to BWLT is hereby waived and the amount of such waived
payment shall be considered a donation by BWLT to the United
States for all purposes of law.
(d) Appraisals.--
(1) In general.--The value of the land to be exchanged
under this Act shall be determined by appraisals conducted by
one or more independent and qualified appraisers mutually
agreed to by the Secretary and BWLT.
(2) Appraisal standards.--The Secretary shall complete an
appraisal of the land to be exchanged under this Act in
accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(e) Format.--Title to the non-Federal land to be conveyed to the
Secretary under this Act shall be in a format acceptable to the
Secretary.
(f) Management of Acquired Land.--The land acquired by the
Secretary under subsection (a) shall be--
(1) added to, and managed as part of, the Chippewa National
Forest; and
(2) managed in accordance with the laws, rules, and
regulations pertaining to National Forest System lands.
(g) Map and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize a Map and
legal descriptions of all land to be conveyed under this Act.
(2) Controlling document.--In the case of a discrepancy
between the Map and a legal description, the Map shall control.
(3) Corrections.--The Secretary and BWLT, by mutual
agreement, may correct any minor errors in the Map or in the
legal descriptions, including with respect to the boundaries of
the Federal land parcel and the non-Federal land parcel.
(4) Map on file.--The Map and legal descriptions shall be
on file and available for public inspection in appropriate
offices of the Forest Service.
<all>
</pre></body></html>
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118HR1658 | Manage VA Act | [
[
"T000472",
"Rep. Takano, Mark [D-CA-39]",
"sponsor"
],
[
"M001214",
"Rep. Mrvan, Frank J. [D-IN-1]",
"cosponsor"
],
[
"C001127",
"Rep. Cherfilus-McCormick, Sheila [D-FL-20]",
"cosponsor"
]
] | <p><b>Manage VA Act</b></p> <p>This bill establishes within the Department of Veterans Affairs (VA) the position of Under Secretary for Management.</p> <p>Under the bill, the Under Secretary for Management must serve as the Chief Management Officer of the VA and the principal advisor to the Secretary on matters related to the management of the VA.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1658 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1658
To amend title 38, United States Code, to establish in the Department
of Veterans Affairs an Under Secretary for Management, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Takano introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to establish in the Department
of Veterans Affairs an Under Secretary for Management, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Manage VA Act''.
SEC. 2. UNDER SECRETARY OF MANAGEMENT OF DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by inserting after section 307 the following new section:
``Sec. 307A. Under Secretary for Management
``(a) In General.--There is in the Department an Under Secretary
for Management, who is appointed by the President, by and with the
advice and consent of the Senate. The Under Secretary for Management
shall report directly to the Deputy Secretary.
``(b) Responsibilities.--The Under Secretary for Management shall
serve as the Chief Management Officer of the Department and principal
advisor to the Secretary on matters related to the management of the
Department, including management integration and transformation in
support of Veterans Affairs operations and programs. The Secretary
shall carry out the following responsibilities through the Under
Secretary for Management:
``(1) The budget, appropriations, expenditures of funds,
accounting, and finance.
``(2) Procurement, including infrastructure, property,
equipment, and other material resources.
``(3) Human resources and personnel.
``(4) Information technology, including policies and
directives to standardize information technology systems across
the components of the Department.
``(5) Strategic management planning and annual performance
planning and identification and tracking of performance
measures relating to the responsibilities of the Department.
``(6) The management integration and transformation within
each functional management discipline of the Department,
including information technology, financial management,
acquisition management, and human capital management, to ensure
an efficient and orderly consolidation of functions and
personnel in the Department, including--
``(A) the development of centralized data sources
and connectivity of information systems, to the
greatest extent practicable, to enhance program
visibility, transparency, effectiveness and
coordination;
``(B) the development of standardized and automated
management information to manage and oversee programs
and make informed decisions to improve the efficiency
of the Department;
``(C) the development of effective program
management and regular oversight mechanisms, including
clear roles and processes for program governance,
sharing of best practices, and access to timely,
reliable, and evaluated data on all acquisitions and
investments; and
``(D) the overall supervision, including the
conduct of internal audits and management analyses, of
the programs and activities of the Department,
including establishment of oversight procedures to
ensure a full and effective review of the efforts by
components of the Department to implement policies and
procedures of the Department for management integration
and transformation.
``(7) The development of a transition and succession plan,
before December 1 of each year in which a Presidential election
is held, to guide the transition of Department functions to a
new Presidential administration, and making such plan available
to the next Secretary and Under Secretary for Management and to
the Committees on Veterans' Affairs of the Senate and House of
Representatives.
``(8) Reporting to the Government Accountability Office
every six months to demonstrate measurable, sustainable
progress made in implementing the corrective action plans of
the Department to address the designation of acquisition
management on the bi-annual high-risk list of the Government
Accountability Office, until the Comptroller General of the
United States submits to the appropriate congressional
committees written notification of removal of the high-risk
designation.
``(9) The management of the Office of Enterprise
Integration.
``(10) The supervision of the Director of Construction and
Facilities, who shall report directly to the Under Secretary
for Management.
``(11) Any other management duties that the Secretary may
designate.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
307 the following new item:
``307A. Under Secretary for Management.''.
(c) Deadline for Appointment.--The Secretary of Veterans Affairs
shall appoint an individual to serve as the Under Secretary of Veterans
Affairs for Management by not later than one year after the date of the
enactment of this Act.
<all>
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118HR1659 | Department of Veterans Affairs IT Modernization Improvement Act of 2023 | [
[
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"sponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1659 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1659
To direct the Chief Acquisition Officer of the Department of Veterans
Affairs to enter into a contract for the independent verification and
validation of certain modernization efforts of the Department, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Takano introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To direct the Chief Acquisition Officer of the Department of Veterans
Affairs to enter into a contract for the independent verification and
validation of certain modernization efforts of the Department, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs IT
Modernization Improvement Act of 2023''.
SEC. 2. INDEPENDENT VERIFICATION AND VALIDATION OF CERTAIN
MODERNIZATION EFFORTS OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Contracting Authority.--Not later than 90 days after the date
of the enactment of this Act, the Chief Acquisition Officer of the
Department of Veterans Affairs established pursuant to section 1702 of
title 41, United States Code, shall enter into a contract with an
eligible entity under subsection (b) to carry out the oversight
functions described in subsection (c).
(b) Eligibility.--An entity is eligible under this subsection if
the Chief Acquisition Officer of the Department determines that, with
respect to the solicitation by the Department for a contract under
subsection (a), the entity--
(1) is currently performing or has performed, during the
three-year period preceding the date of the issuance of such
solicitation, not fewer than three prime contracts for the
independent verification and validation, or equivalent
technical and program oversight support, of major defense
acquisition programs or priority defense business systems, in
accordance with guidance of the Department of Defense relating
to such acquisition programs or such business systems; and
(2) is not currently performing and has not performed, for
at least the five-year period preceding the date of the
issuance of such solicitation, any contract or subcontract for
the Department of Veterans Affairs (including such a contract
or subcontract relating to a covered program).
(c) Functions.--The oversight functions described in this
subsection are the following:
(1) Conducting an initial assessment of each covered
program and submitting to the Secretary a report containing the
findings of such assessment.
(2) On an annual basis, conducting an overall assessment of
each covered program and submitting to the Secretary a report
containing the findings of each such assessment.
(3) Conducting continuous oversight of the activities
carried out under, and the systems associated with, each
covered program, including oversight of the status, compliance,
performance, and implementation of recommendations with respect
to, for each covered program, the following:
(A) Management, including governance, costs, and
implementation milestones and timelines.
(B) Contracts for implementation, including
financial metrics and performance benchmarks for
contractors.
(C) Effect on the functions, business operations,
or clinical organizational structure of the health care
system of the Department.
(D) Supply chain risk management, controls, and
compliance.
(E) Data management.
(F) With respect to associated systems, the
following:
(i) Technical architectural design,
development, and stability of the systems.
(ii) System interoperability and
integration with related information technology
systems.
(iii) System testing.
(iv) Functional system training provided to
users.
(v) System adoption and use.
(d) Submission to Congress.--Not later than 30 days after the date
on which the Secretary receives any annual report under subsection
(c)(2), the Secretary shall submit to the Committees on Veterans'
Affairs of the House of Representatives and the Senate such report.
(e) Awarded Amounts.--Not later than 90 days after the date on
which the Chief Acquisition Officer of the Department enters into the
contract under subsection (a), the Chief Financial Officer of the
Department, in coordination with the heads of such office of the
Department responsible for the management of a covered program, shall
ensure that amounts awarded to an eligible entity under such contract
are derived, in proportionate amounts, from amounts otherwise
authorized to be appropriated for each such office of the Department,
respectively.
(f) Definitions.--In this section:
(1) The term ``covered program'' means the following:
(A) The Electronic Health Record Modernization
Program (or any successor program).
(B) The Financial Management and Business
Transformation Program (or any successor program).
(C) Any program of the Department relating to
supply chain modernization.
(D) Any program of the Department relating to the
modernization of information technology systems
associated with human resources.
(E) Any program of the Department relating to the
Veterans Benefits Management System.
(2) The term ``priority defense business system'' has the
meaning given such term in section 2222(i)(5) of title 10,
United States Code.
(3) The term ``major defense acquisition program'' has the
meaning given such term in section 4201 of title 10, United
States Code.
<all>
</pre></body></html>
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|
118HR166 | Fair Lending for All Act | [
[
"G000553",
"Rep. Green, Al [D-TX-9]",
"sponsor"
]
] | <p><b>Fair Lending for All Act </b></p> <p>This bill modifies provisions related to prohibited credit discrimination. </p> <p>The bill adds sexual orientation, gender identity, and an applicant's location based on zip code or census tract as classes protected against discrimination with respect to credit transactions. (Currently, discrimination is prohibited on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives public assistance.) </p> <p>The bill establishes criminal penalties for violations of prohibited credit discrimination.</p> <p> The Consumer Financial Protection Bureau is required to review loan applications for compliance with specified consumer laws and to establish an Office of Fair Lending Testing.</p> </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 166 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 166
To establish an Office of Fair Lending Testing to test for compliance
with the Equal Credit Opportunity Act, to strengthen the Equal Credit
Opportunity Act, to ensure that persons injured by discriminatory
practices, including organizations that have diverted resources to
address discrimination and whose mission has been frustrated by illegal
acts, can seek relief under such Act and to provide for criminal
penalties for violating such Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Green of Texas introduced the following bill; which was referred to
the Committee on Financial Services
_______________________________________________________________________
A BILL
To establish an Office of Fair Lending Testing to test for compliance
with the Equal Credit Opportunity Act, to strengthen the Equal Credit
Opportunity Act, to ensure that persons injured by discriminatory
practices, including organizations that have diverted resources to
address discrimination and whose mission has been frustrated by illegal
acts, can seek relief under such Act and to provide for criminal
penalties for violating such Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Lending for All Act''.
SEC. 2. OFFICE OF FAIR LENDING TESTING.
(a) Establishment.--There is established within the Bureau of
Consumer Financial Protection an Office of Fair Lending Testing
(hereinafter referred to as the ``Office'').
(b) Director.--The head of the Office shall be a Director, who
shall--
(1) be appointed to a 5-year term by, and report to, the
Director of the Bureau of Consumer Financial Protection;
(2) appoint and fix the compensation of such employees as
are necessary to carry out the duties of the Office under this
section; and
(3) provide an estimated annual budget to the Director of
the Bureau of Consumer Financial Protection.
(c) Civil Service Position.--The position of the Director shall be
a career position within the civil service.
(d) Testing.--
(1) In general.--The Office, in consultation with the
Attorney General and the Secretary of Housing and Urban
Development, shall conduct testing of compliance with the Equal
Credit Opportunity Act by creditors, through the use of
individuals who, without any bona fide intent to receive a
loan, pose as prospective borrowers for the purpose of
gathering information.
(2) Referral of violations.--If, in carrying out the
testing described under paragraph (1), the Office believes a
person has violated the Equal Credit Opportunity Act, the
Office shall refer such violation in writing to the Attorney
General for appropriate action.
(e) Report to Congress.--Section 707 of the Equal Credit
Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the
following: ``In addition, each report of the Bureau shall include an
analysis of the testing carried out pursuant to section 2 of the Fair
Lending for All Act, and each report of the Bureau and the Attorney
General shall include a summary of criminal enforcement actions taken
under section 706A.''.
SEC. 3. PROHIBITION ON CREDIT DISCRIMINATION.
(a) In General.--Subsection (a) of section 701 of the Equal Credit
Opportunity Act (15 U.S.C. 1691) is amended to read as follows:
``(a) It shall be unlawful to discriminate against any person, with
respect to any aspect of a credit transaction--
``(1) on the basis of race, color, religion, national
origin, sex (including sexual orientation and gender identity),
marital status, or age (provided the applicant has the capacity
to contract);
``(2) on the basis of the person's ZIP Code, or census
tract;
``(3) because all or part of the person's income derives
from any public assistance program; or
``(4) because the person has in good faith exercised any
right under the Consumer Credit Protection Act.''.
(b) Removal of Certain References to Creditors and Applicants and
Definition Added.--The Equal Credit Opportunity Act (15 U.S.C. 1691 et
seq.) is amended--
(1) in section 701(b)--
(A) by striking ``applicant'' each place such term
appears and inserting ``person''; and
(B) in paragraph (2), by striking ``applicant's''
each place such term appears and inserting
``person's'';
(2) in section 702--
(A) by redesignating subsection (g) as subsection
(h); and
(B) by inserting after subsection (f) the
following:
``(g) The term `aggrieved person' includes any person who--
``(1) claims to have been injured by a discriminatory
credit practice; or
``(2) believes that such person will be injured by a
discriminatory credit practice.'';
(3) in section 704A--
(A) in subsection (b)(1), by striking ``applicant''
each place such term appears and inserting ``aggrieved
person''; and
(B) in subsection (c), by striking ``applicant''
and inserting ``aggrieved person'';
(4) in section 705--
(A) by striking ``the applicant'' each place such
term appears and inserting ``persons''; and
(B) in subsection (a)--
(i) by striking ``a creditor to take'' and
inserting ``taking''; and
(ii) by striking ``applicant'' and
inserting ``person''; and
(5) in section 706--
(A) by striking ``creditor'' each place such term
appears and inserting ``person'';
(B) by striking ``creditor's'' each place such term
appears and inserting ``person's'';
(C) by striking ``creditors'' each place such term
appears and inserting ``persons''; and
(D) in subsection (f), by striking ``applicant''
and inserting ``aggrieved person''.
SEC. 4. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT
OPPORTUNITY ACT.
(a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 1691
et seq.) is amended by inserting after section 706 the following:
``Sec. 706A. Criminal penalties
``(a) Individual Violations.--Any person who knowingly and
willfully violates this title shall be fined not more than $50,000, or
imprisoned not more than 1 year, or both.
``(b) Pattern or Practice.--
``(1) In general.--Any person who engages in a pattern or
practice of knowingly and willfully violating this title shall
be fined not more than $100,000 for each violation of this
title, or imprisoned not more than twenty years, or both.
``(2) Personal liability of executive officers and
directors of the board.--Any executive officer or director of
the board of an entity who knowingly and willfully causes the
entity to engage in a pattern or practice of knowingly and
willfully violating this title (or who directs another agent,
senior officer, or director of the entity to commit such a
violation or engage in such acts that result in the director or
officer being personally unjustly enriched) shall be--
``(A) fined in an amount not to exceed 100 percent
of the compensation (including stock options awarded as
compensation) received by such officer or director from
the entity--
``(i) during the time period in which the
violations occurred; or
``(ii) in the one to three year time period
preceding the date on which the violations were
discovered; and
``(B) imprisoned for not more than 5 years.''.
(b) Clerical Amendment.--The table of contents for the Equal Credit
Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after
the item relating to section 706 the following:
``706A. Criminal penalties.''.
SEC. 5. REVIEW OF LOAN APPLICATIONS.
(a) In General.--Subtitle C of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5531 et seq.) is amended by adding at the end
the following:
``SEC. 1038. REVIEW OF LOAN APPLICATIONS.
``(a) In General.--The Bureau shall carry out reviews of loan
applications and the process of taking loan applications being used by
covered persons to ensure such applications and processes do not
violate the Equal Credit Opportunity Act or any other Federal consumer
financial law.
``(b) Prohibition and Enforcement.--If the Bureau determines under
subsection (a) that any loan application or process of taking a loan
application violates the Equal Credit Opportunity Act or any other
Federal consumer financial law, the Bureau shall--
``(1) prohibit the covered person from using such
application or process; and
``(2) take such enforcement or other actions with respect
to the covered person as the Bureau determines appropriate.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by
inserting after the item relating to section 1037 the following:
``Sec. 1038. Review of loan applications.''.
SEC. 6. MORTGAGE DATA COLLECTION.
(a) In General.--Section 304(b)(4) of the Home Mortgage Disclosure
Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking ``census
tract, income level, racial characteristics, age, and gender'' and
inserting ``the applicant or borrower's ZIP Code, census tract, income
level, race, color, religion, national origin, sex, marital status,
sexual orientation, gender identity, and age''.
(b) Protection of Privacy Interests.--Section 304(h)(3)(A) of the
Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is
amended--
(1) in clause (i), by striking ``and'' at the end;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following:
``(ii) ZIP Code, census tract, and any
other category of data described in subsection
(b)(4), as the Bureau determines to be
necessary to satisfy the purpose described in
paragraph (1)(E), and in a manner consistent
with that purpose; and''.
<all>
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118HR1660 | Avi Kwa Ame National Monument Establishment Act of 2023 | [
[
"T000468",
"Rep. Titus, Dina [D-NV-1]",
"sponsor"
]
] | <p><strong>Avi Kwa Ame National Monument Establishment Act of 2023</strong></p> <p>This bill establishes the Avi Kwa Ame National Monument in Nevada, consisting of approximately 445,000 acres of federal land administered by the Bureau of Land Management (BLM). </p> <p>It is the purpose of the monument to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, ecological, scenic, wildlife, recreational, dark sky, historical, natural, educational, and scientific resources of the monument. </p> <p>The Department of the Interior shall manage the monument as a component of the National Landscape Conservation System. </p> <p>Interior shall ensure access to the monument by members of Indian tribes for traditional cultural purposes.</p> <p>Interior shall develop a comprehensive plan for the long-term management of the monument. </p> <p>The bill withdraws federal land located in the monument from</p> <ul> <li>entry, appropriation, and disposal under the public land laws;</li> <li>location, entry, and patenting under the mining laws; and</li> <li>operation of the mineral leasing, mineral materials, and geothermal leasing laws.</li> </ul> <p>Any land or interest in land within the boundary of the monument that is acquired by the United States shall become part of the monument and be withdrawn as specified above. </p> <p>Interior shall establish the Avi Kwa Ame National Monument Advisory Council to advise Interior on the preparation and implementation of the management plan, including budgetary matters related to the monument.</p> <p>Interior shall transfer administrative jurisdiction of any Bureau of Reclamation land within the monument to the BLM. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1660 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1660
To establish the Avi Kwa Ame National Monument in the State of Nevada,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Ms. Titus introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To establish the Avi Kwa Ame National Monument in the State of Nevada,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Avi Kwa Ame National Monument
Establishment Act of 2023''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Federal public lands in southernmost Nevada
comprise a nationally significant cultural and natural
landscape.
(2) These lands are considered sacred by numerous Indian
Tribes, and the lands are tied to the Indian Tribes' creation,
cosmology, and well-being, containing numerous cultural sites
and objects.
(3) Avi Kwa Ame, or Spirit Mountain, located on the eastern
edge of the proposed monument, is designated a Traditional
Cultural Property on the National Register of Historic Places
in recognition of its religious and cultural importance.
(4) The lands showcase the progression of human history in
the Eastern Mojave Desert, a literal crossroads of the American
West. There are significant elements of Native American,
Western-American, and Mining History, including the historic
Mojave Trail/Road, originally used by Mojave and other Native
Americans to transport goods from the southwest to trade with
the Chumash and other coastal Tribes and later used in Western
expansion, as well as the historic Walking Box Ranch which
figures prominently in the history of movie making in America.
(5) The lands contain several prominent geological
features, such as the volcanic Highland Range within the
northern section of the Avi Kwa Ame landscape, which is about
10 miles long and remarkably rugged and ragged. The
multicolored volcanic peaks, several thousand feet in
elevation, tower above the surrounding valley and are
remarkably scenic and are a designated Crucial Bighorn Sheep
Habitat area.
(6) The lands are a rare biological hotspot that contain
intact ecosystems, Joshua tree forests, outstanding wildlife
habitat, and essential wildlife migration corridors.
(7) The remote nature of the area protects the ability to
enjoy increasingly rare natural quiet and dark night sky and
solitude.
(8) The lands provide important recreational opportunities.
(9) Establishing the Federal public lands within the Avi
Kwa Ame landscape as a national monument will permanently
protect these natural and cultural resources for the benefit
and enjoyment of present and future generations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the Avi Kwa Ame National Monument Advisory Council established
under section 5(a).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Management plan.--The term ``management plan'' means
the management plan prepared under section 4(d).
(4) Map.--The term ``Map'' means the map entitled ``Avi Kwa
Ame National Monument'' and dated February 1, 2022.
(5) Monument.--The term ``Monument'' means the Avi Kwa Ame
National Monument established by section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Nevada.
SEC. 4. AVI KWA AME NATIONAL MONUMENT.
(a) Establishment.--Subject to valid existing rights, there is
established the Avi Kwa Ame National Monument in the State, consisting
of approximately 445,000 acres of Federal land administered by the
Bureau of Land Management, as generally depicted on the Map.
(b) Purposes.--The purpose of the Monument is to conserve, protect,
and enhance for the benefit and enjoyment of present and future
generations the cultural, ecological, scenic, wildlife, recreational,
dark sky, historical, natural, educational, and scientific resources of
the Monument.
(c) Management.--
(1) In general.--The Secretary shall manage the Monument--
(A) in a manner that conserves, protects, and
enhances the resources of the Monument;
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this section; and
(iii) any other applicable law (including
regulations); and
(C) as a component of the National Landscape
Conservation System.
(2) Uses.--The Secretary shall only allow uses of the
Monument that the Secretary determines would further the
purposes described in subsection (b).
(3) Native american access and use.--
(A) Access.--To the extent practicable, the
Secretary shall ensure access to the Monument by
members of an Indian Tribe for traditional cultural
purposes.
(B) Use.--
(i) In general.--In implementing this
subsection, the Secretary, upon the request of
an Indian Tribe, may temporarily close to the
general public use of one or more specific
portions of the Monument in order to protect
the privacy of traditional cultural activities
in such areas by members of the Indian Tribe.
(ii) Limitation.--Any such closure shall be
made to affect the smallest area practicable
for the minimum period necessary for such
purposes.
(C) American indian religious freedom.--The access
and use provided under this paragraph shall be
consistent with the purpose and intent of Public Law
95-341 (42 U.S.C. 1996), commonly referred to as the
American Indian Religious Freedom Act, and, as
applicable, the Wilderness Act (16 U.S.C. 1131 et
seq.).
(4) Motorized vehicles.--
(A) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to
respond to an emergency, the use of motorized vehicles
in the Monument shall be permitted only on roads
designated by the management plan required by
subsection (d) for the use of motorized vehicles.
(B) Interim management.--Until the completion of
the management plan, the use of motorized vehicles in
the Monument shall be permitted in accordance with the
applicable land use plan.
(5) Grazing.--The grazing of livestock in the Monument,
where established before the date of the enactment of this Act,
shall be permitted to continue--
(A) subject to--
(i) such reasonable regulations, policies,
and practices as the Secretary considers
necessary; and
(ii) applicable law (including
regulations); and
(B) in a manner consistent with the purposes
described in subsection (b).
(6) Wildlife water projects.--The Secretary, in
consultation with the State, may authorize wildlife water
projects (including guzzlers) within the Monument.
(7) Hunting, fishing and trapping.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall allow hunting, fishing, and
trapping on land and water within the Monument in
accordance with applicable Federal and State law.
(B) Administrative exceptions.--The Secretary may
designate areas in which, and establish limited periods
during which, no hunting, fishing, or trapping shall be
allowed under subparagraph (A) for reasons of public
safety, administration, or compliance with applicable
law.
(C) Agency agreement.--Except in an emergency,
regulations closing areas within the Monument to
hunting, fishing, or trapping under this paragraph
shall be made in consultation with the appropriate
agency of the State having responsibility for fish and
wildlife administration.
(D) Savings clause.--Nothing in this subsection
affects any jurisdiction or responsibility of the State
with respect to fish and wildlife in the Monument.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the long-
term management of the Monument.
(2) Consultation.--In developing the management plan, the
Secretary shall consult with--
(A) other Federal land management agencies in the
area, including the National Park Service;
(B) appropriate State, Tribal, and local
governmental entities; and
(C) members of the public.
(3) Incorporation of plans.--In developing the management
plan, to the extent consistent with this Act, the Secretary may
incorporate any provision of an applicable land and resource
management plan.
(e) Incorporation of Acquired Land and Interests.--Any land or
interest in land within the boundary of the Monument that is acquired
by the United States shall--
(1) become part of the Monument;
(2) be withdrawn in accordance with subsection (f); and
(3) be managed in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable law (including
regulations).
(f) Withdrawal.--Subject to valid existing rights, all Federal land
located in the Monument is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(g) Easements and Rights-of-Way.--
(1) In general.--No new easements or rights-of-way shall be
conveyed on Federal lands within the Monument after the date of
the enactment of this Act.
(2) Effect.--Nothing in this section precludes the
Secretary from renewing easements or rights-of-way in existence
on the date of the enactment of this Act within the Monument in
accordance with this Act and applicable law (including
regulations).
(h) Military, Law Enforcement, and Emergency Overflights.--Nothing
in this section precludes--
(1) low-level overflights of military, law enforcement, or
emergency medical services aircraft over the Monument;
(2) flight testing and evaluation; and
(3) the use or establishment of military, law enforcement,
or emergency medical services flight training routes over the
Monument.
(i) Native American Rights and Uses.--
(1) In general.--Nothing in this section alters, modifies,
enlarges, diminishes, or abrogates the treaty rights of any
Indian Tribe, including off-reservation reserved rights.
(2) Consultation.--The Secretary shall consult with
interested Indian Tribes--
(A) in developing and carrying out the management
plan;
(B) providing access under subsection (c)(3); and
(C) to determine whether to charter an advisory
committee or otherwise formalize government-to-
government collaboration on the management of the
Monument.
(j) Map; Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall prepare a map
and legal description of the Monument.
(2) Corrections.--The map and legal description submitted
under paragraph (1) shall have the same force and effect as if
included in this subtitle, except that the Secretary may
correct any clerical or typographical errors in the legal
description and the map.
(3) Conflict between map and legal description.--In the
case of a conflict between the map and the legal description,
the map shall control.
(4) Availability of map and legal description.--Copies of
the map and legal description shall be on file and available
for public inspection in the appropriate offices of the Bureau
of Land Management.
SEC. 5. AVI KWA AME NATIONAL MONUMENT ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish an advisory
council to be known as the ``Avi Kwa Ame National Monument Advisory
Council''.
(b) Duties.--The Advisory Council shall advise the Secretary with
respect to the preparation and implementation of the management plan.
(c) Applicable Law.--The Advisory Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--
(1) In general.--The Advisory Council shall include 11
members to be appointed by the Secretary, of whom, to the
extent practicable--
(A) 1 member shall be appointed after considering
the recommendations of the Boulder City, Nevada, City
Council;
(B) 1 member shall be appointed after considering
the recommendations of the Searchlight, Nevada, Town
Advisory Board;
(C) 1 member shall be appointed after considering
the recommendations of the Laughlin, Nevada, Town
Advisory Board;
(D) 6 members shall be appointed to represent
Indian Tribes with a historical connection to the land
within the Monument; and
(E) 2 at-large members from the County shall be
appointed after considering the recommendations of the
County Commission.
(2) Special appointment considerations.--The at-large
members appointed under paragraph (1)(E) shall have backgrounds
that reflect--
(A) the purposes for which the Monument was
established; and
(B) the interests of persons affected by the
planning and management of the Monument.
(3) Representation.--The Secretary shall ensure that the
membership of the Advisory Council is fairly balanced in terms
of the points of view represented and the functions to be
performed by the Advisory Council.
(4) Initial appointment.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall appoint
the initial members of the Advisory Council in accordance with
paragraph (1).
(e) Duties of the Advisory Council.--The Advisory Council shall
advise the Secretary with respect to the preparation and implementation
of the management plan, including budgetary matters relating to the
Monument.
(f) Compensation.--Members of the Advisory Council shall receive no
compensation for serving on the Advisory Council.
(g) Chairperson.--
(1) In general.--The Advisory Council shall elect a
Chairperson from among the members of the Advisory Council.
(2) Term.--The term of the Chairperson shall be 3 years.
(h) Term of Members.--
(1) In general.--The term of a member of the Advisory
Council shall be 3 years.
(2) Successors.--Notwithstanding the expiration of a 3-year
term of a member of the Advisory Council, a member may continue
to serve on the Advisory Council until a successor is
appointed.
(i) Vacancies.--
(1) In general.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment was
made.
(2) Appointment for remainder of term.--A member appointed
to fill a vacancy on the Advisory Council shall serve for the
remainder of the term for which the predecessor was appointed.
(j) Termination.--The Advisory Council shall terminate not later
than 3 years after the date on which the final version of the
management plan is published.
SEC. 6. RELATIONSHIP TO CLARK COUNTY MULTI-SPECIES HABITAT CONSERVATION
PLAN.
(a) In General.--Nothing in this Act limits, alters, modifies, or
amends the Clark County Multi-Species Habitat Conservation Plan with
respect to the Monument.
(b) Conservation Management Areas.--The Secretary may, in
accordance with the Clark County Multi-Species Habitat Conservation
Plan (including amendments to the plan) and applicable law, credit the
acreage of Federal land within the Monument as Conservation Management
Areas under the plan.
(c) Management Plan.--In developing the management plan, to the
extent consistent with this section, the Secretary may incorporate any
provision of the Clark County Multi-Species Habitat Conservation Plan.
SEC. 7. TRANSFER OF BUREAU OF RECLAMATION PARCELS.
(a) Transfer of Parcels.--The Secretary shall transfer
administrative jurisdiction of any Bureau of Reclamation land within
the Monument to the Bureau of Land Management.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall finalize the
legal description of the land being transferred to the Bureau
of Land Management under subsection (a).
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the Map; or
(B) the legal description.
(3) Availability.--The Map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management and the Bureau of
Reclamation.
<all>
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118HR1661 | Discriminatory Gaming Tax Repeal Act of 2023 | [
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] | <p><strong>Discriminatory Gaming Tax Repeal Act of 2023</strong></p> <p>This bill repeals the excise tax on wagering. The term <em>wager</em> includes bets on a sporting event or contest that is conducted for profit and a lottery conducted for profit.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1661 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1661
To amend the Internal Revenue Code of 1986 to repeal the excise taxes
on wagering.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Ms. Titus (for herself, Mr. Reschenthaler, Mr. Amodei, and Mr.
Horsford) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to repeal the excise taxes
on wagering.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Discriminatory Gaming Tax Repeal Act
of 2023''.
SEC. 2. REPEAL OF EXCISE TAXES ON WAGERING.
(a) In General.--Chapter 35 of the Internal Revenue Code of 1986
(relating to taxes on wagering) is repealed.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2022.
<all>
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118HR1662 | Emergency Liquidity Act of 2023 | [
[
"T000486",
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]
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[From the U.S. Government Publishing Office]
[H.R. 1662 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1662
To direct the Board of Governors of the Federal Reserve System to
establish and maintain a permanent emergency lending program to provide
member banks and other depository institutions with short-term
liquidity against long-term assets.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Torres of New York introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To direct the Board of Governors of the Federal Reserve System to
establish and maintain a permanent emergency lending program to provide
member banks and other depository institutions with short-term
liquidity against long-term assets.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Liquidity Act of 2023''.
SEC. 2. FEDERAL RESERVE SYSTEM PERMANENT EMERGENCY LENDING PROGRAM.
The Federal Reserve Act (12 U.S.C. 221 et seq.) is amended by
inserting after section 10B the following:
``SEC. 10C. PERMANENT EMERGENCY LENDING PROGRAM.
``The Board of Governors of the Federal Reserve System shall
establish and maintain a permanent emergency lending program under
which a Federal reserve bank may provide short-term liquidity to member
banks or other depository institutions pledging any collateral eligible
for purchase by the Federal reserve banks in open market operations.''.
<all>
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118HR1663 | Critical Bank Review Act | [
[
"T000486",
"Rep. Torres, Ritchie [D-NY-15]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1663 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1663
To require the Secretary of the Treasury to designate sectorially
critical banking institutions, to require a higher level of regulatory
supervision of such institutions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Torres of New York introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To require the Secretary of the Treasury to designate sectorially
critical banking institutions, to require a higher level of regulatory
supervision of such institutions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Bank Review Act''.
SEC. 2. DESIGNATION OF SECTORIALLY CRITICAL BANKING INSTITUTIONS.
(a) Designation.--The Secretary of the Treasury, in consultation
with the banking regulators, shall designate a banking institution as
``sectorially critical'' if the banking institution is systemically
important to a critical sector of the economy of the United States.
(b) Supervision of Sectorially Critical Banking Institutions.--The
appropriate Federal banking agency shall apply a higher level of
regulatory supervision with respect to a sectorially critical banking
institution, as determined appropriate by the appropriate Federal
banking agency.
(c) Definitions.--In this section:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency''--
(A) has the meaning given that term under section 3
of the Federal Deposit Insurance Act; and
(B) means the National Credit Union Administration,
in the case of a credit union.
(2) Banking institution.--The term ``banking institution''
means--
(A) a depository institution (as defined under
section 3 of the Federal Deposit Insurance Act); and
(B) a credit union.
(3) Credit union.--The term ``credit union'' means a
Federal credit union or a State credit union, as such terms are
defined, respectively, under section 101 of the Federal Credit
Union Act.
(4) Federal banking agencies.--The term ``Federal banking
agencies'' means the Board of Governors of the Federal Reserve
System, the Comptroller of the Currency, the Federal Deposit
Insurance Corporation, and the National Credit Union
Administration.
<all>
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118HR1664 | Financial Stability Mandate Act | [
[
"T000486",
"Rep. Torres, Ritchie [D-NY-15]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1664 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1664
To require the Board of Governors of the Federal Reserve System and the
Federal Open Market Committee to consider inflation, employment, and
financial stability when setting interest rates.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Torres of New York introduced the following bill; which was
referred to the Committee on Financial Services
_______________________________________________________________________
A BILL
To require the Board of Governors of the Federal Reserve System and the
Federal Open Market Committee to consider inflation, employment, and
financial stability when setting interest rates.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Stability Mandate Act''.
SEC. 2. INTEREST RATE CONSIDERATIONS.
Section 2A of the Federal Reserve Act is amended--
(1) by striking ``The Board of Governors of the Federal
Reserve System and the Federal Open Market Committee shall''
and inserting the following:
``(a) In General.--The Board of Governors of the Federal Reserve
System and the Federal Open Market Committee shall''; and
(2) by adding at the end the following:
``(b) Considerations.--The Board of Governors of the Federal
Reserve System and the Federal Open Market Committee shall, when
setting interest rates, consider inflation, employment, and financial
stability.''.
<all>
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118HR1665 | Safe Charging Electrical Bikes and Scooters Act | [
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"V000081",
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"sponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1665 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1665
To direct the Secretary of Transportation to establish a program to
provide grants to local governments to install publicly accessible
safety charging stations for electric bicycles and scooters, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Ms. Velazquez (for herself, Mr. Espaillat, Ms. Meng, Ms. Clarke of New
York, and Mr. Goldman of New York) introduced the following bill; which
was referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to establish a program to
provide grants to local governments to install publicly accessible
safety charging stations for electric bicycles and scooters, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Charging Electrical Bikes and
Scooters Act''.
SEC. 2. SAFE CHARGING ELECTRICAL BICYCLE AND SCOOTER GRANT PROGRAM.
(a) In General.--The Secretary of Transportation shall establish a
program under which the Secretary may award grants to local governments
for eligible projects to construct safe charging stations located in
eligible publicly accessible locations.
(b) Eligible Projects.--Eligible projects under this section
include any project to acquire or install safe lithium-ion battery
power stations and storage for electric bicycles or scooters in public
places.
(c) Eligible Locations.--An eligible project receiving a grant
under this section shall be located in an eligible publicly accessible
location, including any public road or other publicly accessible
locations, such as parking facilities at public buildings, public
schools, libraries, and public parks, or in publicly accessible parking
facilities owned or managed by private entities.
(d) Funding.--Notwithstanding section 151 of title 23, United
States Code, the Secretary may use up to $100,000,000 of the funds made
available to carry out such section for each of fiscal years 2024
through 2029 to carry out this section.
SEC. 3. CONSUMER EDUCATION PROGRAM AND CAMPAIGN.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Transportation shall develop an
educational program and related resources to inform the public about
the health and safety risks relating to the following:
(1) The recommendation that customers should always buy
lithium-ion batteries and electric bicycles and scooters that
have been certified by a nationally accredited testing
laboratory, which performs safety testing.
(2) Ensuring use of a charger that is compatible with the
lithium-ion battery that the charger is charging.
(3) Lithium-ion batteries showing signs that such batteries
are in need of replacement if such batteries heat up, expand,
or take longer than usual to charge.
(4) Recommendations from experts for storing lithium-ion
batteries in fireproof containers.
(b) Public Availability.--The Secretary shall ensure that the
educational program and related resources developed under paragraph (1)
are available to and readily accessible by the public on the website of
the Department of Transportation.
SEC. 4. STUDY.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
conduct a study on the number of uncertified lithium-ion
batteries for electric bicycles and scooters that are currently
available in the United States market as well as affordability
and availability of certified lithium-ion batteries.
(2) Additional identification.--In carrying out the study
under this subsection, the Secretary may identify market
barriers to the availability of certified and affordable
lithium-ion batteries for electric bicycles and scooters.
(b) Consultation.--In carrying out the study under subsection (a),
the Secretary shall consult with relevant stakeholders, including
United States manufacturers of electric bicycles and scooters and
lithium-ion batteries, consumer advocacy groups, labor groups or
unions, and consumer safety organizations.
(c) Report.--Not later than 180 days after the completion of the
study under subsection (a), the Secretary shall submit to Congress a
report on the results of such study and any recommendations for
legislative or regulatory action to ensure that more certified and
affordable lithium-ion batteries for electric bicycles and scooters are
available in the United States market.
<all>
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||
118HR1667 | Ouachita National Forest Overnight Camping Act | [
[
"W000821",
"Rep. Westerman, Bruce [R-AR-4]",
"sponsor"
]
] | <p><strong>Ouachita National Forest Overnight Camping Act</strong></p> <p>This bill requires the Forest Service to identify and develop campsites and related facilities within the Albert Pike Recreation Area in the Ouachita National Forest in Arkansas to be reopened for overnight camping.</p><p>Overnight camping within that area has been prohibited since several people died in a major flood on June 11, 2010.</p> <p>Specifically, the Forest Service must identify areas within the Albert Pike Recreation Area that may be suitable for overnight camping and select and establish campsites and related facilities for public use within the identified areas.</p> <p>The Forest Service must ensure that (1) at least 54 campsites are available, of which at least 8 have electric and water hookups; and (2) each campsite and related facility identified or established is located outside of the recreation area's 100-year floodplain, which is an area that has a 1% chance of flooding in any given year. </p> <p>Not later than 30 days after the enactment of this bill, the Forest Service shall open each existing campsite within the recreation area that is located outside of the 100-year floodplain.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1667 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1667
To require the Secretary of Agriculture to identify and develop
campsites and related facilities for public use in the Ouachita
National Forest, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2023
Mr. Westerman introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Agriculture to identify and develop
campsites and related facilities for public use in the Ouachita
National Forest, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ouachita National Forest Overnight
Camping Act''.
SEC. 2. RESTORATION OF OVERNIGHT CAMPSITES.
(a) In General.--The Secretary shall--
(1) not later than 6 months after the date of the enactment
of this Act, identify areas within Albert Pike Recreation Area
that may be suitable for overnight camping; and
(2) not later than 2 years after the date of the enactment
of this Act--
(A) review each area identified under paragraph
(1); and
(B) from the areas so identified, select and
establish campsites and related facilities within
Albert Pike Recreation Area for public use.
(b) Requirements Related to Campsites and Related Facilities.--The
Secretary shall--
(1) ensure that at least 54 campsites are available under
subsection (a), of which not less than 8 shall have electric
and water hookups; and
(2) ensure that each campsite and related facility
identified or established under subsection (a) is located
outside of the 1 percent annual exceedance probability flood
elevation.
(c) Reopening of Certain Sites.--Not later than 30 days after the
date of the enactment of this Act, the Secretary shall open each
campsite within Albert Pike Recreation Area that--
(1) exists on the date of the enactment of this Act; and
(2) is located outside of the 1 percent annual exceedance
probability flood elevation.
(d) Definitions.--In this section:
(1) Albert pike recreation area.--The term ``Albert Pike
Recreation Area'' means the Albert Pike Recreation Area and
grounds associated with such area located in the Ouachita
National Forest, approximately six miles north of Langley,
Arkansas in southern Montgomery County, Arkansas.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
<all>
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118HR1668 | Sarah Debbink Langenkamp Active Transportation Safety Act | [
[
"B000574",
"Rep. Blumenauer, Earl [D-OR-3]",
"sponsor"
],
[
"R000606",
"Rep. Raskin, Jamie [D-MD-8]",
"cosponsor"
],
[
"F000471",
"Rep. Fitzgerald, Scott [R-WI-5]",
"cosponsor"
],
[
"R000576",
"Rep. Ruppersberger, C. A. Dutch [D-MD-2]",
"cosponsor"
],
[
"N000147",
"Del. Norton, Eleanor Holmes [D-DC-At Large]",
"cosponsor"
],
[
"O000173",
"Rep. Omar, Ilhan [D-MN-5]",
"cosponsor"
],
[
"K000389",
"Rep. Khanna, Ro [D-CA-17]",
"cosponsor"
],
[
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],
[
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[
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"cosponsor"
],
[
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"Rep. Titus, Dina [D-NV-1]",
"cosponsor"
],
[
"S001218",
"Rep. Stansbury, Melanie Ann [D-NM-1]",
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],
[
"C001117",
"Rep. Casten, Sean [D-IL-6]",
"cosponsor"
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"cosponsor"
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[
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"cosponsor"
],
[
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[
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],
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"cosponsor"
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1668 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1668
To amend title 23, United States Code, with respect to the highway
safety improvement program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Blumenauer (for himself and Mr. Raskin) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, with respect to the highway
safety improvement program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sarah Debbink Langenkamp Active
Transportation Safety Act''.
SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) Highway Safety Improvement Project.--Section 148(a)(4)(B) of
title 23, United States Code, is amended--
(1) in clause (xxix) by striking ``through (xxviii)'' and
inserting ``through (xxx)'';
(2) by redesignating clause (xxix) as clause (xxxi); and
(3) by inserting after clause (xxviii) the following:
``(xxix) The connection of 2 or more
segments of existing bicyclist or pedestrian
infrastructure.
``(xxx) The reduction of safety risks to
vulnerable road users through a project or
strategy described in a program of projects or
strategies developed pursuant to subsection
(l)(2)(B).''.
(b) Treatment of Certain Projects and Strategies Related to
Vulnerable Road Users.--
(1) Vulnerable road user safety assessment.--Section 148(l)
of title 23, United States Code, is amended by adding at the
end the following:
``(8) Consistency with state strategic highway safety
plan.--A project or strategy shall be treated as consistent
with a State strategic highway safety plan, including for
purposes of section 133(h)(7)(B)(i)(II), if--
``(A) the relevant State strategic highway safety
plan includes an emphasis area related to vulnerable
road users; and
``(B) the project or strategy--
``(i) was described in a program of
projects or strategies developed pursuant to
paragraph (2)(B) of this subsection;
``(ii) was identified by a local
government, metropolitan planning organization,
or regional transportation planning
organization during the consultation process
required under paragraph (4)(B) of this
subsection; or
``(iii) is eligible under section
133(h)(3).''.
(2) Eligible projects.--Section 148(e)(1) of title 23,
United States Code, is amended--
(A) in subparagraph (B) by striking ``or'' at the
end;
(B) in subparagraph (C) by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(D) a project or strategy that is treated as
consistent with a State strategic highway safety plan
under subsection (l)(8).''.
(c) Federal Share of Certain Highway Safety Improvement Projects.--
(1) In general.--Section 148(j) of title 23, United States
Code, is amended--
(A) by striking ``Except'' and inserting the
following:
``(1) In general.--Except''; and
(B) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1) and section
120, the Federal share of the cost of a highway safety
improvement project carried out with funds apportioned to a
State under section 104(b)(3) may be up to 100 percent if the
project is carried out pursuant to clause (xxix) or (xxx) of
subsection (a)(4)(B) of this section.''.
(2) Flexible financing.--Section 133(h)(7)(B)(i) of title
23, United States Code, is amended--
(A) in subclause (I) by striking ``and'' at the
end;
(B) in subclause (II) by adding ``and'' at the end;
and
(C) by adding at the end the following:
``(III) includes a Proven Safety
Countermeasure for bicyclists or
pedestrians, as determined by the
Federal Highway Administration;''.
(3) Increased federal share for proven safety
countermeasures.--Section 120(c)(1) of title 23, United States
Code, is amended by inserting ``Proven Safety Countermeasures
for bicyclists or pedestrians (as determined by the Federal
Highway Administration),'' before ``breakaway utility poles''.
<all>
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"Rep. Khanna, Ro [D-CA-17]",
"cosponsor"
],
[
"B001295",
"Rep. Bost, Mike [R-IL-12]",
"cosponsor"
],
[
"V000135",
"Rep. Van Orden, Derrick [R-WI-3]",
"cosponsor"
],
[
"C001054",
"Rep. Carl, Jerry L. [R-AL-1]",
"cosponsor"
],
[
"M001210",
"Rep. Murphy, Gregory [R-NC-3]",
"cosponsor"
]
] | <p><b>VET-TEC Authorization Act of 2023</b></p> <p>This bill requires the Department of Veterans Affairs (VA) to permanently implement a program under which it provides up to 8,000 covered individuals per year the opportunity to enroll in high technology programs of education that provide non-degree training or skills related to computer programming, media application, data processing, or information sciences. A covered individual is a veteran who (1) the VA determines is under the age of 62, served an aggregate of at least 36 months on active duty, and was discharged or released from service under conditions other than dishonorable; or (2) will satisfy such requirements in fewer than 180 days after the VA's determination.</p> <p>In administering the program, the VA must provide assistance to covered individuals in amounts equal to those provided to Post-9/11 GI Bill recipients who are pursuing a degree on more than a half-time basis.</p> <p>The VA must seek to enter into contracts with any number of qualified providers of high technology programs of education and pay such providers a specified percentage of the tuition and other fees for each enrolled individual.</p> <p>The bill prescribes (1) requirements for a provider of a program to be considered as qualified (e.g., the provider employs instructors the VA determines are experts in their respective fields), and (2) criteria for the VA to approve providers for contracts.</p> <p>If a covered individual has remaining entitlement to other VA educational assistance, entitlement under this program must be charged at the rate of one month of that remaining entitlement for each month of assistance under this program.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1669 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1669
To amend title 38, United States Code, to make permanent the high
technology pilot program of the Department of Veterans Affairs, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Ciscomani (for himself, Mr. Khanna, and Mr. Bost) introduced the
following bill; which was referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to make permanent the high
technology pilot program of the Department of Veterans Affairs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VET-TEC Authorization Act of 2023''.
SEC. 2. PERMANENT DEPARTMENT OF VETERANS AFFAIRS HIGH TECHNOLOGY
PROGRAM.
(a) In General.--Chapter 36 of title 38, United States Code, is
amended by adding at the end the following new section (and conforming
the table of sections accordingly):
``Sec. 3699C. High technology program
``(a) Establishment.--(1) The Secretary shall carry out a program
under which the Secretary provides covered individuals with the
opportunity to enroll in high technology programs of education that the
Secretary determines provide training or skills sought by employers in
a relevant field or industry.
``(2) Not more than 8,000 covered individuals may participate in
the program under this section in any fiscal year.
``(b) Amount of Assistance.--(1) The Secretary shall provide, to
each covered individual who pursues a high technology program of
education under this section, educational assistance in amounts equal
to the amounts provided under section 3313(c)(1) of this title,
including with respect to the housing stipend described in that section
and in accordance with the treatment of programs that are distance
learning and programs that are less than half-time.
``(2) Under paragraph (1), the Secretary shall provide such amounts
of educational assistance to a covered individual for each of the
following:
``(A) A high technology program of education.
``(B) A second such program if--
``(i) the second such program begins at least 18
months after the covered individual graduates from the
first such program; and
``(ii) the covered individual uses educational
assistance under chapter 33 of this title to pursue the
second such program.
``(c) Contracts.--(1) For purposes of carrying out subsection (a),
the Secretary shall seek to enter into contracts with any number of
qualified providers of high technology programs of education for the
provision of such programs to covered individuals. Each such contract
shall provide for the conditions under which the Secretary may
terminate the contract with the provider and the procedures for
providing for the graduation of students who were enrolled in a program
provided by such provider in the case of such a termination.
``(2) A contract under this subsection shall provide that the
Secretary shall pay to a provider--
``(A) upon the enrollment of a covered individual in the
program, 25 percent of the cost of the tuition and other fees
for the program of education for the individual;
``(B) upon graduation of the individual from the program,
25 percent of such cost; and
``(C) 50 percent of such cost upon--
``(i) the successful employment of the covered
individual for a period--
``(I) of 180 days in the field of study of
the program; and
``(II) that begins not later than 180 days
following graduation of the covered individual
from the program;
``(ii) the employment of the individual by the
provider for a period of one year; or
``(iii) the enrollment of the individual in a
program of education to continue education in such
field of study.
``(3) For purposes of this section, a provider of a high technology
program of education is qualified if--
``(A) the provider employs instructors whom the Secretary
determines are experts in their respective fields in accordance
with paragraph (5);
``(B) the provider has successfully provided the high
technology program for at least one year;
``(C) the provider does not charge tuition and fees to a
covered individual who receives assistance under this section
to pursue such program that are higher than the tuition and
fees charged by such provider to another individual; and
``(D) the provider meets the approval criteria developed by
the Secretary under paragraph (4).
``(4)(A) The Secretary shall prescribe criteria for approving
providers of a high technology program of education under this section.
``(B) In developing such criteria, the Secretary may consult with
State approving agencies.
``(C) Such criteria are not required to meet the requirements of
section 3672 of this title.
``(D) Such criteria shall include the job placement rate, in the
field of study of a program of education, of covered individuals who
complete such program of education.
``(5) The Secretary shall determine whether instructors are experts
under paragraph (3)(A) based on evidence furnished to the Secretary by
the provider regarding the ability of the instructors to--
``(A) identify professions in need of new employees to
hire, tailor the programs to meet market needs, and identify
the employers likely to hire graduates;
``(B) effectively teach the skills offered to covered
individuals;
``(C) provide relevant industry experience in the fields of
programs offered to incoming covered individuals; and
``(D) demonstrate relevant industry experience in such
fields of programs.
``(6) In entering into contracts under this subsection, the
Secretary shall give preference to a provider of a high technology
program of education--
``(A) from which at least 70 percent of graduates find
full-time employment in the field of study of the program
during the 180-day period beginning on the date the student
graduates from the program; or
``(B) that offers tuition reimbursement for any student who
graduates from such a program and does not find employment
described in subparagraph (A).
``(d) Effect on Other Entitlement.--(1) If a covered individual
enrolled in a high technology program of education under this section
has remaining entitlement to educational assistance under chapter 30,
32, 33, 34, or 35 of this title, entitlement of the individual to
educational assistance under this section shall be charged at the rate
of one month of such remaining entitlement for each such month of
educational assistance under this section.
``(2) The Secretary may not consider enrollment in a high
technology program of education under this section to be assistance
under a provision of law referred to in section 3695 of this title.
``(e) Requirements for Educational Institutions.--(1) The Secretary
shall not approve the enrollment of any covered individual, not already
enrolled, in any high technology programs of education under this
section for any period during which the Secretary finds that more than
85 percent of the students enrolled in the program are having all or
part of their tuition, fees, or other charges paid to or for them by
the educational institution or by the Department of Veterans Affairs
under this title or under chapter 1606 or 1607 of title 10, except with
respect to tuition, fees, or other charges that are paid under a
payment plan at an educational institution that the Secretary
determines has a history of offering payment plans that are completed
not later than 180 days after the end of the applicable term, quarter,
or semester.
``(2) The Secretary may waive a requirement of paragraph (1) if the
Secretary determines, pursuant to regulations which the Secretary shall
prescribe, such waiver to be in the interest of the covered individual
and the Federal Government. Not later than 30 days after the Secretary
waives such a requirement, the Secretary shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
report regarding such waiver.
``(3)(A)(i) The Secretary shall establish and maintain a process by
which an educational institution may request a review of a
determination that the educational institution does not meet the
requirements of paragraph (1).
``(ii) The Secretary may consult with a State approving agency
regarding such process or such a review.
``(iii) Not later than 180 days after the Secretary establishes or
revises a process under this subparagraph, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report regarding such process.
``(B) An educational institution that requests a review under
subparagraph (A)--
``(i) shall request the review not later than 30 days after
the start of the term, quarter, or semester for which the
determination described in subparagraph (A) applies; and
``(ii) may include any information that the educational
institution believes the Department should have taken into
account when making the determination, including with respect
to any mitigating circumstances.
``(f) Annual Report.--Not later than one year after the date of the
enactment of this section, and annually thereafter, the Secretary shall
submit to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the operation of program under this
section during the year covered by the report.
``(g) Definitions.--In this section:
``(1) The term `covered individual' means any of the
following:
``(A) A veteran whom the Secretary determines--
``(i) served an aggregate of at least 36
months on active duty in the Armed Forces
(including service on active duty in entry
level and skill training) and was discharged or
released therefrom under conditions other than
dishonorable; and
``(ii) has not attained the age of 62.
``(B) A member of the Armed Forces that the
Secretary determines will become a veteran described in
subparagraph (A) fewer than 180 days after the date of
such determination.
``(2) The term `high technology program of education' means
a program of education--
``(A) offered by a public or private educational
institution;
``(B) if offered by an institution of higher
learning, that is provided directly by such institution
rather than by an entity other than such institution
under a contract or other agreement;
``(C) that does not lead to a degree;
``(D) that has a term of not less than six and not
more than 28 weeks; and
``(E) that provides instruction in computer
programming, computer software, media application, data
processing, or information sciences.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 180 days after the date of the
enactment of this Act.
(c) Effect on High Technology Pilot Program.--Subsection (h) of
section 116 of the Harry W. Colmery Veterans Educational Assistance Act
of 2017 (Public Law 115-48; 38 U.S.C. 3001 note) is amended to read as
follows:
``(h) Termination.--The authority to carry out a pilot program
under this section shall terminate on the date that is one year after
the date of the enactment of section 3699C of title 38, United States
Code.''.
(d) Approval of Certain High Technology Programs.--Section 3680A of
title 38, United States Code, is amended--
(1) in subsection (a), by striking paragraph (4) and
inserting the following:
``(4) Any independent study program except--
``(A) an independent study program (including such
a program taken over open circuit television) that--
``(i) is accredited by an accrediting
agency or association recognized by the
Secretary of Education under subpart 2 of part
H of title IV of the Higher Education Act of
1965 (20 U.S.C. 1099b);
``(ii) leads to--
``(I) a standard college degree;
``(II) a certificate that reflects
educational attainment offered by an
institution of higher learning; or
``(III) a certificate that reflects
graduation from a course of study
offered by--
``(aa) an area career and
technical education school (as
defined in subparagraphs (C)
and (D) of section 3(3) of the
Carl D. Perkins Career and
Technical Education Act of 2006
(20 U.S.C. 2302(3))) that
provides education at the
postsecondary level; or
``(bb) a postsecondary
vocational institution (as
defined in section 102(c) of
the Higher Education Act of
1965 (20 U.S.C. 1002(c))) that
provides education at the
postsecondary level; and
``(iii) in the case of a program described
in clause (ii)(III)--
``(I) provides training aligned
with the requirements of employers in
the State or local area where the
program is located, which may include
in-demand industry sectors or
occupations;
``(II) provides a student, upon
graduation from the program, with a
recognized postsecondary credential
that is recognized by employers in the
relevant industry, which may include a
credential recognized by industry or
sector partnerships in the State or
local area where the industry is
located; and
``(III) meets such content and
instructional standards as may be
required to comply with the criteria
under section 3676(c)(14) and (15) of
this title; or
``(B) an online high technology program of
education (as defined in subsection (g)(2) of section
3699C of this title)--
``(i) the provider of which has entered
into a contract with the Secretary under
subsection (c) of such section;
``(ii) that has been provided to covered
individuals (as defined in subsection (g)(1) of
such section) under such contract for a period
of at least five years;
``(iii) regarding which the Secretary has
determined that the average employment rate of
covered individuals who graduated from such
program of education is 70 percent or higher
for the year preceding such determination; and
``(iv) that satisfies the requirements of
subsection (e) of such section.''; and
(2) in subsection (d), by adding at the end the following:
``(8) Paragraph (1) shall not apply to the enrollment of a veteran
in an online high technology program described in subsection
(a)(4)(B).''.
<all>
</pre></body></html>
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118HR167 | Patient Access to Urgent-Use Pharmacy Compounding Act of 2023 | [
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] | <p><strong>Patient Access to Urgent-Use Pharmacy Compounding Act of 2023 </strong></p> <p>This bill relaxes certain requirements for compounding drugs that are facing shortages. </p> <p>Drug compounding is the process of mixing or otherwise altering drugs to create a medication. Currently, the Food and Drug Administration (FDA) allows for drug compounding subject to certain requirements. Generally, a licensed pharmacist or physician not registered with the FDA may only compound drugs in limited quantities for prescriptions for a specific individual patient. On the other hand, an FDA-registered outsourcing facility may compound drugs in bulk for use in medical facilities but is subject to additional requirements.</p> <p>This bill allows a compounder not registered with the FDA to compound drugs in limited quantities for an urgent medical need not involving a specific patient if, among other requirements (1) the prescriber certifies that the prescriber is unable, despite reasonable attempts, to obtain certain related drugs with the same active ingredient and route of administration; (2) the compounded drug meets certain labeling requirements, including an indication that the compounded drug is provided only for urgent administration to a patient; and (3) the compounder requests and maintains certain records about patients receiving the compounded drug.</p> <p>Furthermore, a restriction against an unregistered compounder regularly compounding (or compounding inordinate amounts of) what is essentially a copy of a commercially available drug shall not apply if the drug is on a shortage list maintained by the FDA or the American Society of Hospital Pharmacists.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 167 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 167
To amend the Federal Food, Drug, and Cosmetic Act to ensure patients
have access to certain urgent-use compounded medications, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Griffith (for himself and Mr. Cuellar) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to ensure patients
have access to certain urgent-use compounded medications, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Access to Urgent-Use
Pharmacy Compounding Act of 2023''.
SEC. 2. URGENT-USE COMPOUNDING FOR ADMINISTRATION IN HOSPITALS OR OTHER
CLINICAL SETTINGS.
Section 503A(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353a(a)) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2)(B)(ii)(II), by striking the period at
the end and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) notwithstanding the requirement in the matter
preceding paragraph (1) that the drug product is compounded for
an identified individual patient based on a valid prescription
order or notation described in such matter, is by a licensed
pharmacist or licensed physician and the compounded drug
product is compounded for distribution in limited quantities to
a licensed prescriber for urgent administration to a patient in
a hospital or other clinical setting, provided that all of the
following are met:
``(A) The licensed prescriber certifies by notation
on the order to the compounding pharmacist or physician
that the licensed prescriber has made reasonable
attempts to obtain, and has not been able to obtain, to
address the urgent medical need--
``(i) a drug product that is approved or
authorized by the Food and Drug Administration
with the same active ingredient and the same
route of administration; or
``(ii) a drug product that is compounded by
an outsourcing facility in accordance with
section 503B with the same active ingredient
and the same route of administration.
``(B) The compounded drug product is labeled with a
beyond-use-date in accordance with applicable United
States Pharmacopeia standards.
``(C) The licensed pharmacist or licensed physician
marks the packaging of the compounded drug product with
text--
``(i) indicating that the drug product is
provided to the hospital or other clinical
setting only for urgent administration to a
patient; and
``(ii) requesting that the hospital or
other clinical setting provide to the
compounding pharmacist or physician the records
that identify the patient or patients to whom
the drug products were administered within--
``(I) 7 days of each such patient
receiving such medication; or
``(II) 7 days of each such patient
being discharged.
``(D) Upon receipt of records requested pursuant to
subparagraph (C)(ii), the licensed pharmacist or
licensed physician ensures that the patient information
in such records is linked with the respective order.
``(E) The licensed pharmacist or licensed physician
reports adverse events associated with the compounded
drug product as soon as possible but no later than 15
days after becoming aware of such events to the
MedWatch Adverse Event Reporting program of the Food
and Drug Administration (or any successor program).''.
SEC. 3. COMPOUNDING FOR SHORTAGES FOR ADMINISTRATION IN HOSPITALS OR
OTHER CLINICAL SETTINGS.
Paragraph (2) of section 503A(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353a(b)(2)) is amended to read as follows:
``(2) Definition.--For purposes of paragraph (1)(D), the
term `essentially a copy of a commercially available drug
product' does not include--
``(A) a drug product in which there is a change,
made for an identified individual patient, which
produces for that patient a significant difference, as
determined by the prescribing practitioner, between the
compounded drug and the comparable commercially
available drug product; or
``(B) a drug product that meets each of the
following conditions:
``(i) At the time of compounding,
distribution, or dispensing, the drug product
appears on--
``(I) the drug shortage list in
effect under section 506E; or
``(II) the drug shortage list
maintained by the American Society of
Hospital Pharmacists.
``(ii) If the drug product is not
compounded for an identified individual patient
based on a valid prescription order or
notation, notwithstanding such requirement in
the matter preceding paragraph (1) of
subsection (a), then the drug product--
``(I) is labeled in accordance
subparagraphs (B) and (C) of subsection
(a)(3); and
``(II) is documented by the
compounding pharmacist or physician in
accordance with subparagraphs (D) and
(E) of subsection (a)(3).''.
<all>
</pre></body></html>
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118HR1670 | MATCH Act of 2023 | [
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] | <p><b>Making Access To Cleanup Happen Act of 2023 or the</b> <b>MATCH Act of 202</b><strong>3</strong></p> <p>This bill directs the Department of Agriculture (USDA) to (1) identify a list of emergency watershed protection measures the cost of which may be incurred by a state, local government, or Indian tribe prior to entering into an agreement with USDA under the Emergency Watershed Protection Program; and (2) develop procedures, including appropriate deadlines, to be implemented at the state level, through which such entities may request and incur the cost for additional emergency watershed protection measures.</p> <p>USDA must consider any applicable pre-agreement costs incurred by a state, local government, or Indian tribe for undertaking emergency watershed protection measures as meeting part of its contribution towards the project costs.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1670 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1670
To amend the Agricultural Credit Act of 1978 with respect to pre-
agreement costs of emergency watershed protection measures, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Curtis (for himself and Mr. Garamendi) introduced the following
bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Agricultural Credit Act of 1978 with respect to pre-
agreement costs of emergency watershed protection measures, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Access To Cleanup Happen Act
of 2023'' or the ``MATCH Act of 2023''.
SEC. 2. EMERGENCY WATERSHED PROGRAM.
Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203)
is amended by adding at the end the following:
``(c) Pre-Agreement Costs.--
``(1) Sponsor.--For purposes of this subsection, the term
`sponsor' means a State or local government, or an Indian Tribe
(as defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)).
``(2) Pre-agreement project costs.--Not later than 180 days
after the date of enactment of this subsection, the Secretary
shall--
``(A) identify a list of emergency watershed
protection measures the cost of which may be incurred
by a sponsor prior to entering into an agreement with
the Secretary pursuant to this section; and
``(B) develop a procedure, including appropriate
deadlines, to be implemented at the State level,
through which a sponsor may request, for a specified
natural disaster, additional emergency watershed
protection measures the cost of which may be incurred
by a sponsor prior to entering into an agreement with
the Secretary pursuant to this section.
``(3) Agreement contribution.--If the Secretary and the
sponsor enter into an agreement pursuant to this section, the
Secretary shall consider any applicable pre-agreement costs
incurred by a sponsor for undertaking emergency watershed
protection measures identified pursuant to paragraph (2) as
meeting part of the sponsor's contribution towards the project
costs.
``(4) Assumption of risk.--Nothing in this subsection
requires the Secretary to enter into an agreement with a
sponsor, and a sponsor undertaking emergency watershed
protection measures prior to entering into an agreement with
the Secretary pursuant to this section shall assume the risk of
incurring any costs of undertaking such measures.''.
<all>
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118HR1671 | Increasing Access to Dental Insurance Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1671 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1671
To allow additional individuals to enroll in standalone dental plans
offered through Federal Exchanges.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Curtis (for himself and Mrs. Dingell) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To allow additional individuals to enroll in standalone dental plans
offered through Federal Exchanges.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Access to Dental
Insurance Act''.
SEC. 2. STANDALONE DENTAL PLANS.
Section 1321 of the Patient Protection and Affordable Care Act (42
U.S.C. 18041) is amended by adding at the end the following:
``(f) Availability of Standalone Dental Plans.--The Secretary may
not restrict any qualified individual from enrolling in a plan
described in section 1311(d)(2)(B)(ii) offered through an Exchange
established pursuant to subsection (c) on the basis of such qualified
individual not being also enrolled in a qualified health plan offered
through the Exchange.''.
<all>
</pre></body></html>
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|
118HR1672 | Sickle Cell Disease Comprehensive Care Act | [
[
"D000096",
"Rep. Davis, Danny K. [D-IL-7]",
"sponsor"
],
[
"B001248",
"Rep. Burgess, Michael C. [R-TX-26]",
"cosponsor"
],
[
"L000551",
"Rep. Lee, Barbara [D-CA-12]",
"cosponsor"
],
[
"K000380",
"Rep. Kildee, Daniel T. [D-MI-8]",
"cosponsor"
]
] | <p><b>Sickle Cell Disease Comprehensive Care Act</b></p> <p>This bill establishes and provides funds for a demonstration project for state Medicaid programs to improve outpatient care for individuals with sickle cell disease, with a focus on young adults and pregnant women. </p> <p>The Centers for Medicare & Medicaid Services must award planning grants to at least 10 states and must select between 5 and 10 states to participate in the project. Participating states must provide specified services and support for individuals with sickle cell disease, including multidisciplinary care teams, appropriate treatments, mental health services, and specialist services. </p> <p>The bill provides a 100% Federal Medical Assistance Percentage (i.e., federal matching rate) for services provided through the project. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1672 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1672
To amend title XIX of the Social Security Act to establish a
demonstration project to improve outpatient clinical care for
individuals with sickle cell disease.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Davis of Illinois (for himself and Mr. Burgess) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend title XIX of the Social Security Act to establish a
demonstration project to improve outpatient clinical care for
individuals with sickle cell disease.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sickle Cell Disease Comprehensive
Care Act''.
SEC. 2. MEDICAID DEMONSTRATION PROJECT TO IMPROVE OUTPATIENT CLINICAL
CARE FOR INDIVIDUALS WITH SICKLE CELL DISEASE.
Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended by adding at the end the following new subsection:
``(cc) Demonstration Project To Improve Outpatient Clinical Care
for Individuals With Sickle Cell Disease.--
``(1) In general.--Notwithstanding section 1902(a)(1)
(relating to statewideness), section 1902(a)(10)(B) (relating
to comparability), and any other provision of this title for
which the Secretary determines it is necessary to waive in
order to implement this subsection, not later than the date
that is 1 year after the date of the enactment of this
subsection, the Secretary shall, in consultation, as
appropriate, with the Administrator of the Health Resources and
Services Administration, the Director of the Agency for
Healthcare Research and Quality, and the Deputy Assistant
Secretary for Minority Health, conduct a 5-year demonstration
project (referred to in this subsection as the `demonstration
project') for the purpose described in paragraph (2) under
which the Secretary shall--
``(A) for the first 18-month period of such
project, award planning grants described in paragraph
(3); and
``(B) for the remaining 42-month period of such
project, provide payments to each State selected under
paragraph (4) in accordance with paragraph (5).
``(2) Purpose.--The purpose described in this paragraph is
for each State that participates in the demonstration project
to improve access to high-quality outpatient care for
individuals receiving services under the State plan (or waiver
of such plan) who are living with sickle cell disease (with a
focus on, but not limited to, young adults and pregnant women),
to improve clinical, mental health, ancillary, and support
services, and to reduce overall and long-term costs, as
appropriate, to the State associated with treating individuals
with sickle cell disease under the State plan (or waiver of
such plan) through the following activities:
``(A) Supporting the creation or augmentation of
multi-disciplinary care teams that include the
physicians needed to adequately treat an individual for
sickle cell disease and its complications, as
determined by the Secretary in consultation with the
appropriate stakeholders, including organizations
representing sickle cell disease patients,
hematologists, and other specialists in sickle cell
disease care and treatment.
``(B) Conducting an assessment of the barriers to
care experienced by individuals with sickle cell
disease enrolled under the State plan (or waiver of
such plan), taking into account social, demographic,
and economic factors, geography, provider shortages,
and other issues contributing to health inequities, as
determined by the Secretary in consultation with
relevant stakeholders, including organizations
representing sickle cell disease patients,
hematologists, and other specialists in sickle cell
disease care and treatment.
``(C) Identifying best practices for improving
health equity for individuals with sickle cell disease
enrolled under the State plan (or waiver of such plan)
which take into account the results of the assessment
described in subparagraph (B), and communicating such
best practices through the provision of education,
training, and technical assistance to providers
participating under the State plan (or waiver of such
plan), including to care teams described in
subparagraph (A).
``(D) Expanding expertise of providers
participating under the State plan (or waiver of such
plan) on care for sickle cell disease by disseminating
clinical practice guidelines for sickle cell disease
and providing education, training, and technical
assistance with respect to such guidelines to such
providers.
``(E) Ensuring that sickle cell disease patients
enrolled under the State plan (or waiver of such plan)
are getting primary and preventive services in an
appropriate outpatient setting or through telehealth
services, as appropriate, including by providing
additional reimbursement for care coordinators,
community health workers, and other non-traditional
service providers.
``(F) Developing an individualized, comprehensive,
patient-centered care plan for individuals with sickle
cell disease that accommodates patient preferences in a
culturally and linguistically appropriate manner.
``(G) Ensuring that sickle cell disease patients
enrolled under the State plan (or waiver of such plan)
are provided with coordination of, and access to, the
following services, as determined to be clinically
appropriate:
``(i) Treatments and medications, including
chronic and exchange transfusions and disease-
modifying medications.
``(ii) Appropriate diagnostic testing such
as magnetic resonance imaging.
``(iii) Pain management treatment and
palliative care.
``(iv) Services provided by subspecialists
such as obstetricians and gynecologists,
reproductive health specialists, urologists,
ophthalmologists, neurologists, nephrologists,
psychologists, orthopedists, cardiologists, and
pulmonologists.
``(v) Supportive clinical services,
including vision and dental care.
``(vi) Mental health services and substance
use disorder treatment.
``(vii) Transportation to medical services
and social support services and referrals to
community-based organizations.
``(viii) Any other therapies approved by
the Food and Drug Administration for the
treatment of sickle cell disease or its
complications.
``(ix) Any other services deemed
appropriate for the treatment of sickle cell
disease or its complications by the State.
``(H) Providing other services or taking other
actions deemed necessary to improve treatment of sickle
cell disease under the State plan (or waiver of such
plan), as determined by the Secretary in coordination
with relevant stakeholders, including organizations
representing sickle cell disease patients,
hematologists, and other specialists in sickle cell
disease care and treatment.
``(3) Planning grants.--
``(A) In general.--The Secretary shall award
planning grants to at least 10 States selected in
accordance with subparagraph (B) for purposes of
preparing an application described in paragraph (4)(C)
and carrying out the activities described in
subparagraph (C).
``(B) Selection.--In selecting States for purposes
of this paragraph, the Secretary shall--
``(i) select States that have a State plan
approved under this title;
``(ii) give priority to States that have
participated in the sickle cell disease
surveillance data collection program of the
Centers for Disease Control and Prevention or
precursors to such program; and
``(iii) select States in a manner to
recognize States with a higher prevalence of
sickle cell disease patients that could be
reached through this demonstration project.
``(C) Activities described.--Activities described
in this subparagraph are, with respect to a State, each
of the following:
``(i) Activities that support an assessment
of the treatment needs and gaps in care in the
State for individuals with sickle cell disease
in order to improve the network of providers
that treat this population, including the
following:
``(I) An estimate of the number of
individuals enrolled under the State
plan (or a waiver of such plan) who
have sickle cell disease.
``(II) Information on the capacity
of providers with the knowledge needed
to treat sickle cell disease and the
complications of sickle cell disease,
including information on providers who
provide such services and their
participation under the State plan (or
waiver of such plan).
``(III) Information on the gaps in
care for treatment of individuals with
sickle cell disease under the State
plan (or waiver of such plan),
including information based on the
assessments described in subclauses (I)
and (II).
``(ii) Activities that, taking into account
the results of the assessment described in
clause (i), support the development of State
infrastructure to recruit prospective providers
and provide training and technical assistance
to providers with respect to treatment of
sickle cell disease under the State plan (or a
waiver of such plan).
``(D) Funding.--For the purpose of making grants
under this paragraph, there is appropriated to the
Secretary, out of any funds in the Treasury not
otherwise appropriated, $25,000,000, to remain
available until expended.
``(4) Post-planning grant states.--
``(A) In general.--The Secretary shall, with
respect to the remaining 42-month period of the
demonstration project conducted under paragraph (1),
select up to 10, but not less than 5 States in
accordance with subparagraph (B) for purposes of
carrying out the activities described in paragraph (2)
and receiving payments in accordance with paragraph
(5). The Secretary may select all States that received
a planning grant in paragraph (3).
``(B) Selection.--In selecting States for purposes
of this paragraph, the Secretary shall--
``(i) select States that received a
planning grant under paragraph (3) and have
successfully completed the activities described
in subparagraph (C) of such paragraph;
``(ii) select States that submit to the
Secretary an application in accordance with the
requirements in subparagraph (C); and
``(iii) select States in a manner
consistent with reaching as many sickle cell
disease patients as possible through the
demonstration project.
``(C) Applications.--
``(i) In general.--A State seeking to be
selected for purposes of this paragraph shall
submit to the Secretary, at such time and in
such form and manner as the Secretary requires,
an application that includes such information
as the Secretary may require, in addition to
the following:
``(I) A proposed process for
carrying out the activities described
in paragraph (2).
``(II) A review of reimbursement
methodologies and other policies
related to sickle cell disease
treatment under the State plan (or
waiver of such plan) that may create
barriers to increasing the number of
providers delivering such services.
``(III) The development of a plan,
taking into account activities carried
out under paragraph (3)(C)(ii), that
will result in long-term and
sustainable provider networks under the
State plan (or waiver of such plan) for
sickle cell disease.
``(IV) A proposed process for
reporting the information required
under paragraph (6)(A).
``(V) The expected financial impact
of the demonstration project under this
subsection on the State.
``(VI) A description of all funding
sources available to the State to
provide treatment for sickle cell
disease under the State plan (or waiver
of such plan) in the State.
``(VII) A preliminary plan for how
the State will sustain any increase in
the capacity of providers to deliver
treatment for sickle cell disease and
the complications of sickle cell
disease resulting from the
demonstration project under this
subsection after the termination of
such demonstration project.
``(VIII) A description of how the
State will coordinate the goals of the
demonstration project with any waiver
granted (or submitted by the State and
pending) pursuant to section 1115 for
the delivery of services to treat
sickle cell disease under the State
plan, as applicable.
``(ii) Consultation.--In completing an
application under clause (i), a State shall
consult with relevant stakeholders, including
Medicaid managed care plans, hematologists and
other sickle cell disease specialists, and
Medicaid beneficiaries and sickle cell disease
advocates, and include in such application a
description of such consultation.
``(5) Payments.--
``(A) Enhanced fmap for sickle cell disease
treatment.--Notwithstanding section 1905(b), for each
quarter occurring during the period for which the
demonstration project is conducted (after the first 18
months of such period), the Federal medical assistance
percentage for each State selected under paragraph (4)
with respect to amounts expended by the State for
medical assistance for medically necessary services to
treat sickle cell disease shall be equal to 100
percent.
``(B) Case management services for sickle cell
disease patients.--
``(i) In general.--During the period for
which the demonstration project is conducted
(after the first 18 months of such period), a
State selected under paragraph (4) may provide
a multi-disciplinary care team described in
paragraph (2)(A) with payments for the
provision of case management and care
coordination services to an individual with
sickle cell disease who is eligible under the
State plan (or waiver of such plan). Payments
made to such a team shall be treated as medical
assistance for purposes of section 1903(a)
except that the Federal medical assistance
percentage applicable to such payments shall be
equal to 100 percent.
``(ii) Methodology.--A State that elects to
make case management and care coordination
payments to a multi-disciplinary care team
under this subparagraph shall specify in a
State's application under paragraph (4) the
methodology the State will use for determining
payment for the provision of such services.
Such methodology shall not be limited to a per-
member-per-month basis and may provide (as
proposed by the State and subject to approval
by the Secretary) for alternate models of
payment.
``(6) Reports.--
``(A) State reports.--A State receiving payments
under paragraph (5) shall, for the period of the
demonstration project under this subsection, submit to
the Secretary a quarterly report, with respect to
expenditures for treatment of sickle cell disease and
complications of sickle cell disease for which payment
is made to the State under this subsection, on the
following:
``(i) The specific activities with respect
to which payment under this subsection was
provided.
``(ii) The number of individuals enrolled
under the State plan (or a waiver of such plan)
who received treatment for sickle cell disease
or complications related to sickle cell disease
under the demonstration project compared to the
estimated number of such individuals who would
have otherwise received such services in the
absence of such demonstration project.
``(iii) The number of individuals enrolled
under the State plan (or waiver of such plan)
who received treatment for sickle cell disease
or complications related to sickle cell disease
under the demonstration project who utilized
the services beyond clinical sickle cell
disease services, including mental health,
ancillary and support services and the impact
on their health outcomes, including emergency
department visits and inpatient hospital stays.
``(iv) The reductions in inpatient days,
reductions in emergency department visits, and
reductions in the total cost of care compared
to these metrics before the demonstration
project was implemented.
``(v) Other matters as determined by the
Secretary.
``(B) CMS reports.--
``(i) Initial report.--Not later than 18
months after the date of enactment of this
subsection, the Administrator of the Centers
for Medicare & Medicaid Services, in
consultation with the Administrator of the
Health Resources and Services Administration,
shall submit to Congress an initial report on--
``(I) the States awarded planning
grants under paragraph (3);
``(II) the criteria used in such
selection; and
``(III) the activities carried out
by such States under such planning
grants.
``(ii) Interim report.--Not later than 3
years after the date of enactment of this
subsection, the Administrator of the Centers
for Medicare & Medicaid Services shall, submit
to Congress an interim report--
``(I) on activities carried out
under the demonstration project under
this subsection;
``(II) on the extent to which
States selected under paragraph (4)
have achieved the activities submitted
in their applications under
subparagraph (C) of such paragraph;
``(III) with a description of the
strengths and limitations of such
demonstration project; and
``(IV) with a plan for the
sustainability of such project.
``(iii) Final report.--Not later than 1
year following the implementation of the
demonstration project, the Secretary shall
submit to Congress and make public a final
report--
``(I) providing updates on the
matters reported in the interim report
under clause (ii);
``(II) including a description of
any changes made with respect to the
demonstration project under this
subsection after the submission of such
interim report; and
``(III) evaluating such
demonstration project.
``(C) Report on experiences of states.--Not later
than 3 years after the date of the enactment of this
subsection, the Administrator of the Centers for
Medicare & Medicaid Services, in consultation with the
Director of the Agency for Healthcare Research and
Quality, shall submit to Congress a summary on the
experiences of States awarded planning grants under
paragraph (3) and States selected under paragraph (4).
``(7) Data sharing and best practices.--During the period
of the demonstration project under this subsection, the
Secretary shall, in collaboration with States selected under
paragraph (4), facilitate information sharing and the exchange
of identified best practices between--
``(A) providers who treat sickle cell disease; and
``(B) States selected under paragraph (4) and
States that were not so selected.
``(8) CMS funding.--There is appropriated, out of any funds
in the Treasury not otherwise appropriated, $50,000,000 to the
Centers for Medicare & Medicaid Services for purposes of
implementing this subsection, including completing the reports
to Congress required under this Act. Such amount shall remain
available until expended.''.
<all>
</pre></body></html>
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118HR1673 | Protection from Cumulative Emissions and Underenforcement of Environmental Law Act of 2023 | [
[
"D000197",
"Rep. DeGette, Diana [D-CO-1]",
"sponsor"
]
] | <p><b>Protection from Cumulative Emissions and Underenforcement of Environmental Law Act of 2023</b></p> <p>This bill directs the Environmental Protection Agency (EPA) to address the cumulative public health risks associated with multiple environmental stressors and recommend measures to reduce the number of violations of environmental law in certain environmental justice communities. <i>Environmental justice communities</i> are communities with significant representation of communities of color, low-income communities, or tribal and indigenous communities that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities.</p> <p>In addition, the EPA must publish and implement a proposal for a protocol that assesses and addresses the cumulative public health risks associated with multiple environmental stressors, such as impacts associated with global climate change.</p> <p>Further, the EPA must identify at least 100 communities that (1) are environmental justice communities; and (2) have had more environmental law violations than the national average, as determined by the EPA. The EPA must then identify the causes of the violations, identify measures to reduce the number of violations, and implement such measures.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1673 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1673
To advance environmental justice by addressing cumulative impacts and
underenforcement, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Ms. DeGette introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Natural Resources, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To advance environmental justice by addressing cumulative impacts and
underenforcement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection from Cumulative Emissions
and Underenforcement of Environmental Law Act of 2023''.
SEC. 2. PUBLIC HEALTH RISKS ASSOCIATED WITH CUMULATIVE ENVIRONMENTAL
STRESSORS.
(a) Proposed Protocol.--
(1) Publication.--Not later than 180 days after the date of
enactment of this section, the Administrator shall publish a
proposal for a protocol for assessing and addressing the
cumulative public health risks associated with multiple
environmental stressors.
(2) Environmental stressors.--The environmental stressors
addressed under the proposed protocol published under paragraph
(1) shall include--
(A) impacts associated with global climate change,
including extreme heat, extremes in temperature change,
drought, wildfires, sea level rise, flooding, storms,
water shortage, food shortage, ecosystem disruption,
and the spread of infectious disease;
(B) exposure to pollutants, emissions, discharges,
waste, chemicals, or other materials subject to
regulation under the Clean Air Act, the Federal Water
Pollution Control Act, the Safe Drinking Water Act, the
Toxic Substances Control Act, the Solid Waste Disposal
Act, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, the Emergency
Planning and Community Right-to-Know Act of 1986, and
other laws administered by the Administrator; and
(C) other environmental stressors determined by the
Administrator to impact public health.
(3) Public comment and hearings.--During the 90 days
following publication of the proposed protocol under paragraph
(1), the Administrator shall--
(A) allow for public comment on such proposed
protocol; and
(B) hold at least 4 public hearings on such
proposed protocol at times and in locations intended to
maximize public input.
(b) Final Protocol.--Not later than 1 year after the date of
enactment of this section, the Administrator shall--
(1) finalize the proposed protocol published under
subsection (a) by revising such proposed protocol as the
Administrator determines necessary based on public comments
received in writing and during the public hearings held
pursuant to such subsection; and
(2) publish in the Federal Register the final protocol for
assessing and addressing the cumulative public health risks
associated with multiple environmental stressors.
(c) Implementation.--Not later than 3 years after the date of
enactment of this section, the Administrator shall implement the final
protocol described in subsection (b).
SEC. 3. ENVIRONMENTAL JUSTICE FOR COMMUNITIES OVERBURDENED BY
ENVIRONMENTAL VIOLATIONS.
(a) Identification of Communities.--Not later than 180 days after
the date of enactment of this section, the Administrator shall, in
consultation with co-regulators in State and local agencies, identify
at least 100 communities--
(1) that are environmental justice communities; and
(2) in which there have been, over the previous 5 years, a
number of violations of environmental law that the
Administrator determines to be greater than the national
average of such violations.
(b) Analysis and Recommendations.--Not later than 1 year after the
date of enactment of this section, with respect to each community
identified under subsection (a), the Administrator shall--
(1) undertake an analysis of the conditions that have led
to the number of violations described in subsection (a)(2),
including through engagement with the residents of each such
community;
(2) identify the root cause of the number of violations
described in subsection (a)(2); and
(3) identify measures that the Administrator shall take, in
coordination with co-regulators in State and local agencies, to
reduce the number of violations of environmental law to a
number that the Administrator determines to be significantly
below the national average.
(c) Implementation.--Not later than 2 years after the date of
enactment of this section, the Administrator shall complete the
implementation of the measures identified under subsection (b)(3).
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(3) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities, that
experiences, or is at risk of experiencing higher or more
adverse human health or environmental effects.
(4) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(5) Tribal and indigenous community.--The term ``Tribal and
indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; or
(D) any other community of indigenous people
located in a State.
<all>
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118HR1674 | Railway Safety Act of 2023 | [
[
"D000530",
"Rep. Deluzio, Christopher R. [D-PA-17]",
"sponsor"
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[
"L000598",
"Rep. LaLota, Nick [R-NY-1]",
"cosponsor"
],
[
"P000599",
"Rep. Posey, Bill [R-FL-8]",
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[
"K000009",
"Rep. Kaptur, Marcy [D-OH-9]",
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[
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[
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"Rep. Allred, Colin Z. [D-TX-32]",
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[
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[
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"cosponsor"
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[
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] | <p><b>Railway Safety Act of 2023</b></p> <p>This bill addresses safety requirements for rail carriers and trains transporting hazardous materials.</p> <p>Specifically, the Department of Transportation (DOT) must issue safety regulations for trains carrying hazardous materials to require that rail carriers or shippers (1) provide state emergency response commissioners with advanced notice and information about the hazardous materials; (2) reduce blocked rail crossings; and (3) comply with certain requirements regarding train length and weight specifications, track standards, speed restrictions, and response plans. </p> <p>DOT must also establish requirements for wayside defect detectors. These are used by railway systems alongside the tracks to detect defects and failures (e.g., wheel bearing failures). Current federal regulations do not require their use, but federal guidance does address their placement and use. Under the bill, DOT must issue regulations establishing requirements for the installation, repair, testing, maintenance, and operation of wayside defect detectors for each rail carrier operating a train carrying hazardous materials.</p> <p>The bill also</p> <ul> <li> increases the maximum fines DOT may impose on rail carriers for violating safety regulations,</li> <li> requires DOT to update rail car inspection regulations and audit the federal inspection program,</li> <li>requires a minimum two-person crew for certain freight trains,</li> <li>phases out certain railroad tank cars by May 1, 2025 (four years sooner than required under current law), <br /></li> <li>expands training for local first responders,</li> <li>imposes a new fee on certain rail carriers, and</li> <li> authorizes grants to improve railway safety.</li> </ul> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1674 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1674
To enhance safety requirements for trains transporting hazardous
materials, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Deluzio (for himself and Mr. LaLota) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Science, Space, and
Technology, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enhance safety requirements for trains transporting hazardous
materials, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Railway Safety Act
of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Defined term.
Sec. 3. Safety requirements for trains transporting hazardous
materials.
Sec. 4. Rail car inspections.
Sec. 5. Defect detectors.
Sec. 6. Safe Freight Act of 2023.
Sec. 7. Increasing maximum civil penalties for violations of rail
safety regulations.
Sec. 8. Safer tank cars.
Sec. 9. Hazardous materials training for first responders.
Sec. 10. Consolidated rail infrastructure and safety improvements.
Sec. 11. Tank car research and development.
SEC. 2. DEFINED TERM.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. SAFETY REQUIREMENTS FOR TRAINS TRANSPORTING HAZARDOUS
MATERIALS.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue regulations, or modify
existing regulations, establishing safety requirements, in accordance
with subsection (b), with which a shipper or rail carrier operating a
train transporting hazardous materials that is not subject to the
requirements for a high-hazard flammable train under section 174.310 of
title 49, Code of Federal Regulations, shall comply with respect to the
operation of each such train and the maintenance of specification tank
cars.
(b) Requirements.--The regulations issued pursuant to subsection
(a) shall require shippers and rail carriers--
(1) to provide advance notification and information
regarding the transportation of hazardous materials described
in subsection (a) to each State emergency response
commissioner, Tribal emergency response commission, or any
other State or Tribal agency responsible for receiving the
information notification for emergency response planning
information;
(2) to include, in the notification provided pursuant to
paragraph (1), a written gas discharge plan with respect to the
applicable hazardous materials being transported; and
(3) to reduce or eliminate blocked crossings resulting from
delays in train movements.
(c) Additional Requirements.--In developing the regulations
required under subsection (a), the Secretary shall include requirements
regarding--
(1) train length and weight;
(2) train consist;
(3) route analysis and selection;
(4) speed restrictions;
(5) track standards;
(6) track, bridge, and rail car maintenance;
(7) signaling and train control;
(8) response plans; and
(9) any other requirements that the Secretary determines
are necessary.
(d) High-Hazard Flammable Trains.--The Secretary may modify the
safety requirements for trains subject to section 174.310 of title 49,
Code of Federal Regulations, to satisfy, in whole or in part, the
rulemaking required under subsection (a).
SEC. 4. RAIL CAR INSPECTIONS.
(a) Rulemaking.--
(1) Inspection requirements.--Not later than 1 year after
date of the enactment of this Act, the Secretary shall review
and update, as necessary, applicable regulations under chapters
I and II of subtitle B of title 49, Code of Federal
Regulations--
(A) to create minimum time requirements that a
qualified mechanical inspector must spend when
inspecting a rail car or locomotive; and
(B) to ensure that all rail cars and locomotives in
train consists that carry hazardous materials are
inspected by a qualified mechanical inspector at
intervals determined by the Secretary.
(2) Abbreviated pre-departure inspection.--The Secretary
shall immediately amend section 215.13(c) of title 49, Code of
Federal Regulations (permitting an abbreviated pre-departure
inspection procedure) with respect to rail cars in train
consists carrying hazardous materials.
(b) Audits.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall initiate audits
of Federal rail car inspection programs, subject to the
requirements under part 215 of title 49, Code of Federal
Regulations, which--
(A) consider whether such programs are in
compliance with such part 215;
(B) assess the type and content of training and
performance metrics that such programs provide rail car
inspectors;
(C) determine whether such programs provide
inspectors with adequate time to inspect rail cars;
(D) determine whether such programs reflect the
current operating practices of the railroad carrier;
and
(E) ensure that such programs are not overly
reliant on train crews.
(2) Audit scheduling.--The Secretary shall--
(A) schedule the audits required under paragraph
(1) to ensure that--
(i) each Class I railroad is audited not
less frequently than once every 5 years; and
(ii) a select number, as determined by the
Secretary, of Class II and Class III railroads
are audited annually; and
(B) conduct the audits described in subparagraph
(A)(ii) in accordance with--
(i) the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601
note); and
(ii) appendix C of part 209 of title 49,
Code of Federal Regulations.
(3) Updates to inspection program.--If, during an audit
required under this subsection, the auditor identifies a
deficiency in a railroad's inspection program, the railroad
shall update the program to eliminate such deficiency.
(4) Consultation and cooperation.--
(A) Consultation.--In conducting any audit required
under this subsection, the Secretary shall consult with
the railroad being audited and its employees, including
any nonprofit employee labor organization representing
the mechanical employees of the railroad.
(B) Cooperation.--The railroad being audited and
its employees, including any nonprofit employee labor
organization representing mechanical employees, shall
fully cooperate with any audit conducted pursuant to
this subsection--
(i) by providing any relevant documents
requested; and
(ii) by making available any employees for
interview without undue delay or obstruction.
(C) Failure to cooperate.--If the Secretary
determines that a railroad or any of its employees,
including any nonprofit employee labor organization
representing mechanical employees of the railroad is
not fully cooperating with an audit conducted pursuant
to this subsection, the Secretary shall electronically
notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of such noncooperation.
(c) Review of Regulations.--The Secretary shall triennially
determine whether any update to part 215 of title 49, Code of Federal
Regulations, is necessary to ensure the safety of rail cars transported
by rail carriers.
(d) Annual Report.--The Secretary shall publish an annual report on
the public website of the Federal Railroad Administration that--
(1) summarizes the findings of the prior year's audits;
(2) summarizes any updates made pursuant to this section;
and
(3) excludes any confidential business information or
sensitive security information.
(e) Rule of Construction.--Nothing in this section may be
construed--
(1) to limit the deployment of pilot programs for the
installation, test, verification, and review of automated rail
and train inspection technologies; or
(2) to direct the Secretary to waive any existing
inspection requirements under chapter I or II of subtitle B of
title 49, Code of Federal Regulations, as part of pilot
programs.
SEC. 5. DEFECT DETECTORS.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue regulations
establishing requirements for the installation, repair, testing,
maintenance, and operation of wayside defect detectors for each rail
carrier operating a train consist carrying hazardous materials.
(b) Requirements.--The regulations issued pursuant to subsection
(a) shall include requirements regarding--
(1) the frequency of the placement of wayside defect
detectors, including a requirement that all Class I railroads
install a hotbox detector along every 10-mile segment of rail
track over which trains carrying hazardous materials operate;
(2) performance standards for such detectors;
(3) the maintenance and repair requirements for such
detectors;
(4) reporting data and maintenance records of such
detectors;
(5) appropriate steps the rail carrier must take when
receiving an alert of a defect or failure from or regarding a
wayside defect detector; and
(6) the use of hotbox detectors to prevent derailments from
wheel bearing failures, including--
(A) the temperatures, to be specified by the
Secretary, at which an alert from a hotbox detector is
triggered to warn of a potential wheel bearing failure;
and
(B) any actions that shall be taken by a rail
carrier upon receiving an alert from a hotbox detector
of a potential wheel bearing failure.
(c) Defect and Failure Identification.--The Secretary shall specify
the categories of defects and failures that wayside defect detectors
covered by regulations issued pursuant to subsection (a) shall address,
including--
(1) axles;
(2) wheel bearings;
(3) brakes;
(4) signals;
(5) wheel impacts; and
(6) other defects or failures specified by the Secretary.
SEC. 6. SAFE FREIGHT ACT OF 2023.
(a) Short Title.--This section may be cited as the ``Safe Freight
Act of 2023''.
(b) Freight Train Crew Size.--Subchapter II of chapter 201 of title
49, United States Code, is amended by inserting after section 20153 the
following:
``Sec. 20154. Freight train crew size safety standards
``(a) Minimum Crew Size.--No freight train may be operated without
a 2-person crew consisting of at least 1 appropriately qualified and
certified conductor and 1 appropriately qualified and certified
locomotive engineer.
``(b) Exceptions.--Except as provided in subsection (c), the
requirement under subsection (a) shall not apply with respect to--
``(1) train operations on track that is not a main line
track;
``(2) a freight train operated--
``(A) by a railroad carrier that has fewer than
400,000 total employee work hours annually and less
than $40,000,000 annual revenue (adjusted for
inflation, as calculated by the Surface Transportation
Board Railroad Inflation- Adjusted Index and Deflator
Factor Table);
``(B) at a speed of not more than 25 miles per
hour; and
``(C) on a track with an average track grade of
less than 2 percent for any segment of track that is at
least 2 continuous miles;
``(3) locomotives performing assistance to a train that has
incurred mechanical failure or lacks the power to traverse
difficult terrain, including traveling to or from the location
where assistance is provided;
``(4) locomotives that--
``(A) are not attached to any equipment or are
attached only to a caboose; and
``(B) do not travel farther than 30 miles from the
point of origin of such locomotive; and
``(5) train operations staffed with fewer than a 2-person
crew at least 1 year before the date of enactment of this
section, if the Secretary determines that such operations
achieve an equivalent level of safety as would result from
compliance with the requirement under subsection (a).
``(c) Trains Ineligible for Exception.--The exceptions under
subsection (b) may not be applied to--
``(1) a train transporting 1 or more loaded cars carrying
material toxic by inhalation (as defined in section 171.8 of
title 49, Code of Federal Regulations);
``(2) a train transporting--
``(A) 20 or more loaded tank cars of a Class 2
material or a Class 3 flammable liquid in a continuous
block; or
``(B) 35 or more loaded tank cars of a Class 2
material or a Class 3 flammable liquid throughout the
train consist; or
``(3) a train with a total length of at least 7,500 feet.
``(d) Waiver.--A railroad carrier may seek a waiver of the
requirements under this section in accordance with section 20103(d).''.
(c) Clerical Amendment.--The analysis for subchapter II of chapter
201 of title 49, United States Code, is amended by inserting after the
item relating to section 20153 the following:
``20154. Freight train crew size safety standards.''.
SEC. 7. INCREASING MAXIMUM CIVIL PENALTIES FOR VIOLATIONS OF RAIL
SAFETY REGULATIONS.
(a) Civil Penalties Related to Transporting Hazardous Materials.--
Section 5123(a) of title 49, United States Code, is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``$75,000'' and inserting ``the greater of 0.5
percent of the person's annual income or annual operating
income, as applicable, or $750,000''; and
(2) in paragraph (2), by striking ``$175,000'' and
inserting ``the greater of 1 percent of the person's annual
income or annual operating income, as applicable, or
$1,750,000''.
(b) General Violations of Chapter 201.--Section 21301(a)(2) of
title 49, United States Code, is amended--
(1) by striking ``$25,000'' and inserting ``the greater of
0.5 percent of the person's annual income or annual operating
income, as applicable, or $250,000''; and
(2) by striking ``$100,000'' and inserting ``the greater of
1 percent of the person's annual income or annual operating
income, as applicable, or $1,000,000''.
(c) Accident and Incident Violations of Chapter 201; Violations of
Chapters 203 Through 209.--Section 21302(a) of title 49, United States
Code, is amended--
(1) in paragraph (1), by striking ``203-209'' each place it
appears and inserting ``203 through 209''; and
(2) in paragraph (2)--
(A) by striking ``$25,000'' and inserting ``the
greater of 0.5 percent of the person's annual income or
annual operating income, as applicable, or $250,000'';
and
(B) by striking ``$100,000'' and inserting ``the
greater of 1 percent of the person's annual income or
annual operating income, as applicable, or
$1,000,000''.
(d) Violations of Chapter 211.--Section 21303(a)(2) of title 49,
United States Code, is amended--
(1) by striking ``$25,000'' and inserting ``the greater of
0.5 percent of the person's annual income or annual operating
income, as applicable, or $250,000''; and
(2) by striking ``$100,000'' and inserting ``the greater of
1 percent of the person's annual income or annual operating
income, as applicable, or $1,000,000''.
SEC. 8. SAFER TANK CARS.
(a) Phase-Out Schedule.--Notwithstanding section 7304 of the FAST
Act (49 U.S.C. 20155 note), beginning on May 1, 2025, a rail carrier
may not use DOT-111 specification railroad tank cars that do not comply
with DOT-117, DOT-117P, or DOT-117R specification requirements, as in
effect on the date of enactment of this Act, to transport Class 3
flammable liquids regardless of the composition of the train consist.
(b) Conforming Regulatory Amendments.--
(1) In general.--The Secretary--
(A) shall immediately remove or revise the date-
specific deadlines in any applicable regulations or
orders to the extent necessary to conform with the
requirement under subsection (a); and
(B) may not enforce any date-specific deadlines or
requirements that are inconsistent with the requirement
under subsection (a).
(2) Rule of construction.--Except as required under
paragraph (1), nothing in this section may be construed to
require the Secretary to issue regulations to implement this
section.
SEC. 9. HAZARDOUS MATERIALS TRAINING FOR FIRST RESPONDERS.
(a) Annual Registration Fee.--Section 5108(g) of title 49, United
States Code, is amended by adding at the end the following:
``(4) Additional fee for class i rail carriers.--In
addition to the fees collected pursuant to paragraphs (1) and
(2), the Secretary shall establish and annually impose and
collect from each Class I rail carrier a fee in an amount equal
to $1,000,000.''.
(b) Assistance for Local Emergency Response Training.--Section
5116(j) of title 49, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``liquids'' and
inserting ``materials''; and
(2) in paragraph (3), by amending subparagraph (A) to read
as follows:
``(A) In general.--To carry out the grant program
established pursuant to paragraph (1),the Secretary may
expend, during each fiscal year--
``(i) the amounts collected pursuant to
section 5108(g)(4); and
``(ii) any amounts recovered during such
fiscal year from grants awarded under this
section during a prior fiscal year.''.
(c) Supplemental Training Grants.--Section 5128(b)(4) of title 49,
United States Code is amended by striking ``$2,000,000'' and inserting
``$4,000,000''.
SEC. 10. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
(a) In General.--Section 22907(c) of title 49, United States Code,
is amended by adding at the end the following:
``(17) The research, development, or implementation of
wayside defect detectors to better prevent the derailment of
trains transporting hazardous materials.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out section 22907(c)(17) of title 49, United
States Code (as added by subsection (a)), $22,000,000.
SEC. 11. TANK CAR RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator of the Pipeline and Hazardous
Materials Safety Administration shall carry out research to develop
stronger, safer tank cars and valves for tank cars and other tank car
safety features.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
<all>
</pre></body></html>
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118HR1675 | Territory Health Revitalization Act | [
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"G000582",
"Resident Commissioner González-Colón, Jenniffer [R-PR-At Large]",
"sponsor"
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"Del. Plaskett, Stacey E. [D-VI-At Large]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1675 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1675
To provide a set-aside of funds for the territories under the health
profession opportunity grant program under section 2008 of the Social
Security Act, to make the Commonwealth of the Northern Mariana Islands
eligible for the grants, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mrs. Gonzalez-Colon (for herself, Ms. Plaskett, Mr. Moylan, Mr. Sablan,
and Mrs. Radewagen) introduced the following bill; which was referred
to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To provide a set-aside of funds for the territories under the health
profession opportunity grant program under section 2008 of the Social
Security Act, to make the Commonwealth of the Northern Mariana Islands
eligible for the grants, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Territory Health Revitalization
Act''.
SEC. 2. SET-ASIDE FOR THE TERRITORIES.
Section 2008(c)(1) of the Social Security Act (42 U.S.C.
1397g(c)(1)) is amended by inserting ``5 percent of which for each
fiscal year shall be reserved for grants to States other than the 50
States and the District of Columbia'' before the period.
SEC. 3. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
Section 2008(a)(4) of the Social Security Act (42 U.S.C.
1397g(a)(4)) is amended by striking subparagraph (E).
SEC. 4. GUARANTEE OF GRANTEES IN THE TERRITORIES.
Section 2008(a)(2) of the Social Security Act (42 U.S.C.
1397g(a)(2)) is amended by adding at the end the following:
``(D) Guarantee of grantees in the territories.--
The Secretary shall award at least 2 grants under this
subsection to an eligible entity that is located in a
territory, to the extent there are a sufficient number
applications submitted by such an eligible entity that
meet the requirements of subparagraph (B).''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2023.
<all>
</pre></body></html>
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|
118HR1676 | Bring American Companies Home Act | [
[
"G000590",
"Rep. Green, Mark E. [R-TN-7]",
"sponsor"
]
] | <p><strong>Bring American Companies Home Act </strong> </p> <p>This bill allows United States persons (i.e., U.S. citizens or residents, partnerships, corporations, estates and trusts) to expense the cost of moving inventory, equipment, and supplies from China to the United States. <em>Expensing </em>is the tax rule that allows a taxpayer to deduct costs in the year in which they are incurred.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1676 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1676
To allow expensing of amounts paid to move business property from China
to the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Green of Tennessee introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To allow expensing of amounts paid to move business property from China
to the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bring American Companies Home Act''.
SEC. 2. EXPENSING OF AMOUNTS PAID TO MOVE BUSINESS PROPERTY FROM CHINA
TO THE UNITED STATES.
(a) In General.--The Secretary of the Treasury (or the Secretary's
delegate) shall establish a program under which amounts paid by a
United States person (as defined in section 7701(a)(30)) to move
inventory and equipment and supplies used in a trade or business of the
taxpayer from China to the United States are allowed as a deduction in
the taxable year in which paid by the taxpayer.
(b) Regulations.--The Secretary of the Treasury (or the Secretary's
delegate) shall issue regulations under the program carried out under
subsection (a) that restrict the amounts that may be expensed under
such program to business moving expenses (within the meaning of the
Internal Revenue Code of 1986 and the regulations and guidance issued
thereunder).
(c) Expensing Paid for With Tariffs Collected From China.--
(1) Establishment of trust fund.--There is established in
the Treasury of the United States a trust fund consisting of
such amounts as are appropriated to such trust fund under
paragraph (2).
(2) Appropriations to trust fund.--There are hereby
appropriated to such trust fund amounts equivalent to the
tariffs collected by the United States on goods manufactured in
China.
(3) Appropriations from trust fund.--There are hereby
appropriated from such trust fund to the General Fund of the
Treasury amounts equivalent to the reduction in revenue to such
General Fund by reason of subsection (a).
(4) Timing of transfers, etc.--Rules similar to the rules
of section 9601 of the Internal Revenue Code of 1986 shall
apply with respect to appropriations to and from such trust
fund under paragraphs (2) and (3).
<all>
</pre></body></html>
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118HR1677 | SMART Spectrum Act | [
[
"G000558",
"Rep. Guthrie, Brett [R-KY-2]",
"sponsor"
],
[
"M001163",
"Rep. Matsui, Doris O. [D-CA-7]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1677 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1677
To amend the National Telecommunications and Information Administration
Organization Act to provide for an incumbent informing capability, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Guthrie (for himself and Ms. Matsui) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the National Telecommunications and Information Administration
Organization Act to provide for an incumbent informing capability, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simplifying Management, Access,
Reallocation, and Transfer of Spectrum Act'' or the ``SMART Spectrum
Act''.
SEC. 2. INCUMBENT INFORMING CAPABILITY.
Part B of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 921 et seq.) is amended by
adding at the end the following:
``SEC. 120. INCUMBENT INFORMING CAPABILITY.
``(a) In General.--The Assistant Secretary shall--
``(1) not later than 120 days after the date of the
enactment of this section, begin to amend the Department of
Commerce spectrum management document entitled `Manual of
Regulations and Procedures for Federal Radio Frequency
Management' so as to incorporate an incumbent informing
capability; and
``(2) not later than the date on which amounts appropriated
to carry out this section are first made available, begin to
implement such capability, including the development and
testing of such capability.
``(b) Establishment of the Incumbent Informing Capability.--
``(1) In general.--The incumbent informing capability
required by subsection (a) shall include a system to enable
sharing, including time-based sharing, to securely manage
harmful interference between non-Federal users and incumbent
Federal entities sharing a band of covered spectrum and between
Federal entities sharing a band of covered spectrum.
``(2) Requirements.--The system required by paragraph (1)
shall contain, at a minimum, the following:
``(A) One or more mechanisms to allow non-Federal
use in covered spectrum, as authorized by the rules of
the Commission. Such mechanism or mechanisms shall
include interfaces to commercial sharing systems, as
appropriate.
``(B) One or more mechanisms to facilitate Federal-
to-Federal sharing, as authorized by the NTIA.
``(C) One or more mechanisms to prevent, eliminate,
or mitigate harmful interference to incumbent Federal
entities, including one or more of the following
functions:
``(i) Sensing.
``(ii) Identification.
``(iii) Reporting.
``(iv) Analysis.
``(v) Resolution.
``(D) Dynamic coordination area analysis,
definition, and control, if appropriate for a band.
``(3) Compliance with commission rules.--The incumbent
informing capability required by subsection (a) shall ensure
that use of covered spectrum is in accordance with the
applicable rules of the Commission.
``(4) Input of information.--
``(A) In general.--Each incumbent Federal entity
sharing a band of covered spectrum shall--
``(i) input into the system required by
paragraph (1) such information as the Assistant
Secretary may require, including the frequency,
time, and location of the use of the band by
such Federal entity; and
``(ii) to the extent practicable, input
such information into such system on an
automated basis.
``(B) Payment of costs.--Notwithstanding
subsections (c) through (e) of section 118 and
subparagraphs (C) through (E) of subsection (g)(2) of
such section, the Director of the Office of Management
and Budget, in consultation with the Assistant
Secretary, may use amounts available in the Spectrum
Relocation Fund to pay the costs incurred by Federal
entities to input information as required by
subparagraph (A).
``(5) Protection of classified information and controlled
unclassified information.--The system required by paragraph (1)
shall contain appropriate measures to protect classified
information and controlled unclassified information, including
any such classified information or controlled unclassified
information that relates to military operations.
``(c) Briefing.--Not later than 1 year after the date on which
amounts appropriated to carry out this section are first made
available, the Assistant Secretary shall provide a briefing on the
implementation of this section to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
``(d) Definitions.--In this section:
``(1) Covered spectrum.--The term `covered spectrum'
means--
``(A) electromagnetic spectrum for which usage
rights are assigned to or authorized for (including
before the date on which the incumbent informing
capability required by subsection (a) is implemented) a
non-Federal user or class of non-Federal users for use
on a shared basis with an incumbent Federal entity in
accordance with the rules of the Commission; and
``(B) electromagnetic spectrum allocated on a
primary or co-primary basis for Federal use that is
shared among Federal entities.
``(2) Federal entity.--The term `Federal entity' has the
meaning given such term in section 113(l).
``(3) Incumbent informing capability.--The term `incumbent
informing capability' means a capability to facilitate the
sharing of covered spectrum.
``(e) Rule of Construction.--Nothing in this section shall be
construed to alter or expand the authority of the NTIA as described in
section 113(j)(1).''.
<all>
</pre></body></html>
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|
118HR1678 | Protecting Legal Firearms Ownership Act of 2023 | [
[
"H001077",
"Rep. Higgins, Clay [R-LA-3]",
"sponsor"
],
[
"H001052",
"Rep. Harris, Andy [R-MD-1]",
"cosponsor"
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"M001211",
"Rep. Miller, Mary E. [R-IL-15]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1678 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1678
To limit the applicability of certain rules with regard to possession
of a firearm or firearm attachment.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Higgins of Louisiana introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To limit the applicability of certain rules with regard to possession
of a firearm or firearm attachment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Legal Firearms Ownership
Act of 2023''.
SEC. 2. INAPPLICABILITY OF RULE.
Any firearm or firearm attachment that was lawfully manufactured
before the effective date of a new rule or regulation shall be
grandfathered and shall be permitted to be sold, transferred, and
possessed in accordance with the previous rule regime. The
manufacturing date of a firearm or firearm attachment shall be
determined by the serial number recorded on the firearm or firearm
attachment, or any other legal method of recording the date of
manufacturing, including packaging.
<all>
</pre></body></html>
| [
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|
118HR1679 | Bipartisan Ban on Congressional Stock Ownership Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1679 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1679
To prohibit stock trading and ownership by Members of Congress and
spouses of Members of Congress, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Ms. Jayapal (for herself, Mr. Auchincloss, Ms. DeLauro, Mr. Garcia of
Illinois, Mr. Kim of New Jersey, Mr. Nadler, Ms. Norton, Ms. Porter,
Mr. Takano, Mr. Tonko, Mr. Rosendale, and Mr. Buck) introduced the
following bill; which was referred to the Committee on Financial
Services, and in addition to the Committees on Agriculture, House
Administration, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit stock trading and ownership by Members of Congress and
spouses of Members of Congress, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Ban on Congressional
Stock Ownership Act of 2023''.
SEC. 2. BAR ON STOCK TRADING AND OWNERSHIP BY MEMBERS OF CONGRESS AND
SPOUSES.
(a) Definitions.--In this section:
(1) Commodity.--The term ``commodity'' has the meaning
given that term in section 1a of the Commodity Exchange Act (7
U.S.C. 1a).
(2) Congressional ethics committee.--The term
``congressional ethics committee'' has the meaning given that
term in section 13101 of title 5, United States Code.
(3) Diversified.--The term ``diversified'', with respect to
an investment fund, means that the investment fund does not
have a stated policy of overly concentrating its investments.
(4) Member of congress.--The term ``Member of Congress''
has the meaning given that term in section 13101 of title 5,
United States Code.
(5) Security.--The term ``security'' has the meaning given
that term in section 3(a) of Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
(6) Small business concern.--The term ``small business
concern'' has the meaning given that term under section 3 of
the Small Business Act (15 U.S.C. 632).
(7) Widely held investment fund.--The term ``widely held
investment fund'' means a widely held investment fund described
in 13104(f)(8) of title 5, United States Code.
(b) Divestment.--
(1) In general.--Except as provided in subsection (c), no
Member of Congress or spouse of a Member of Congress may own an
interest in or trade (except as a divestment) any stock, bond,
commodity, future, or other form of security, including an
interest in a hedge fund, a derivative, option, or other
complex investment vehicle.
(2) Implementation.--
(A) Current members.--
(i) In general.--Except as provided in
clause (ii), an individual who is a Member of
Congress on the date of enactment of this Act,
or the spouse of such an individual, shall
complete the divestment of any asset described
in paragraph (1) by not later than 180 days
after the date of enactment of this Act.
(ii) Certain assets.--For an asset
described in paragraph (1) that is an interest
in a hedge fund, venture capital fund, or other
privately held complex investment vehicle, an
individual who is a Member of Congress on the
date of enactment of this Act, or the spouse of
such an individual, shall complete the
divestment of the asset by not later than 5
years after the date of enactment of this Act.
(B) New members.--
(i) In general.--Except as provided in
clause (ii), an individual who becomes a Member
of Congress after the date of enactment of this
Act, or who is the spouse of such an
individual, shall complete the divestment of
any asset described in paragraph (1) by not
later than 180 days after the date on which the
individual becomes a Member of Congress.
(ii) Certain assets.--For an asset
described in paragraph (1) that is an interest
in a hedge fund, venture capital fund, or other
privately held complex investment vehicle, an
individual who becomes a Member of Congress
after the date of enactment of this Act, or who
is the spouse of such an individual, shall
complete the divestment of the asset by not
later than 5 years after the date on which the
individual becomes a Member of Congress.
(C) Divestment of assets received while a member.--
An individual serving as a Member of Congress, or the
spouse of such an individual, who receives any asset
described in paragraph (1) during the period of such
service, such as from an inheritance, shall complete
the divestment of the asset by not later than 180 days
after the date on which the individual or spouse
receives the asset.
(c) Exceptions.--Nothing in this section shall be construed to
prevent--
(1) a Member of Congress or spouse of a Member of Congress
from owning or trading--
(A) a widely held investment fund, if the widely
held investment fund--
(i) does not present a conflict of
interest; and
(ii) is diversified;
(B) 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));
(C) shares of Settlement Common Stock, as defined
in section 3 of the Alaska Native Claims Settlement Act
(43 U.S.C. 1602);
(D) a United States Treasury bill, note, or bond;
(E) an investment fund held in a Federal, State, or
local government employee retirement plan;
(F) an interest in a small business concern, if the
small business concern does not present a conflict of
interest; or
(G) any asset described in subsection (b)(1)
received as compensation from the primary occupation of
the spouse; or
(2) a spouse of a Member of Congress from trading any asset
described in subsection (b)(1) that is not owned by the spouse
or Member of Congress in the course of performing the primary
occupation of the spouse.
(d) Civil Fines.--The Attorney General or the Special Counsel may
bring a civil action in the appropriate United States district court
against any Member of Congress or spouse of a Member of Congress who
engages in conduct constituting a violation of this section and, upon
proof of such conduct by a preponderance of the evidence, such Member
of Congress or spouse shall be subject to a civil penalty of not more
than $50,000 for each violation. The imposition of a civil penalty
under this subsection does not preclude any other criminal or civil
statutory, common law, or administrative remedy, which is available by
law to the United States or any other person.
(e) Nonrecognition of Gain.--
(1) In general.--Paragraph (1) of section 1043(b) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) any Member of Congress or Member of Congress-
elect, but only with respect to a divestment of
property required by the Bipartisan Ban on
Congressional Stock Ownership Act of 2023, and''; and
(D) by striking ``subparagraph (A)'' in
subparagraph (C), as so redesignated, and inserting
``subparagraph (A) or (B), whichever is applicable''.
(2) Certificate of divestiture.--Subparagraph (B) of
section 1043(b)(2) of such Code is amended--
(A) by striking ``or by'' and inserting ``by''; and
(B) by inserting ``, or by the applicable
congressional ethics committee, in the case of Members
of Congress, Members of Congress-elect, and spouses of
Members of Congress and Members of Congress-elect''
after ``judicial officers''.
(3) Effective date.--The amendments made by this subsection
shall apply to sales of property after the date of the
enactment of this Act.
(f) Interpretive Guidance.--The Select Committee on Ethics of the
Senate and the Committee on Ethics of the House of Representatives
shall issue interpretive guidance regarding relevant terms not defined
in this Act or elsewhere in statute.
<all>
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|
118HR168 | To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition. | [
[
"G000568",
"Rep. Griffith, H. Morgan [R-VA-9]",
"sponsor"
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[
"C001118",
"Rep. Cline, Ben [R-VA-6]",
"cosponsor"
]
] | <p>This bill revises criminal provisions related to the interstate transportation of firearms and ammunition. <p>An individual may transport a firearm between two places (e.g., states) where it is legal to possess, carry, or transport the firearm. During transport, the firearm must be unloaded and secured or securely stored. <p>Additionally, an individual may transport ammunition, or a detachable magazine or feeding device, between two places where it is legal to possess, carry, or transport the ammunition, magazine, or feeding device. During transport, the ammunition, magazine, or feeding device must not be loaded into a firearm and must be securely stored. <p>The term<em> transport </em>includes staying in temporary lodging overnight; stopping for food, fuel, vehicle maintenance, an emergency, or medical treatment; and any other activities that are incidental to the transportation. It does not include transportation related to certain crimes. <p>The bill prohibits the arrest or detention of an individual for a state or local firearm or ammunition violation unless there is probable cause to believe the individual failed to comply with the provisions of this bill. | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 168 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 168
To amend chapter 44 of title 18, United States Code, to more
comprehensively address the interstate transportation of firearms or
ammunition.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Griffith introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to more
comprehensively address the interstate transportation of firearms or
ammunition.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.
(a) In General.--Section 926A of title 18, United States Code, is
amended to read as follows:
``Sec. 926A. Interstate transportation of firearms or ammunition
``(a) Notwithstanding any provision of any law, rule, or regulation
of a State or any political subdivision thereof:
``(1) A person who is not prohibited by this chapter from
possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to transport a firearm for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the firearm to any other such
place if, during the transportation, the firearm is unloaded,
and--
``(A) if the transportation is by motor vehicle,
the firearm is not directly accessible from the
passenger compartment of the vehicle, and, if the
vehicle is without a compartment separate from the
passenger compartment, the firearm is in a locked
container other than the glove compartment or console,
or is secured by a secure gun storage or safety device;
or
``(B) if the transportation is by other means, the
firearm is in a locked container or secured by a secure
gun storage or safety device.
``(2) A person who is not prohibited by this chapter from
possessing, transporting, shipping, or receiving a firearm or
ammunition shall be entitled to transport ammunition, or any
detachable magazine or feeding device for ammunition, for any
lawful purpose from any place where the person may lawfully
possess, carry, or transport the ammunition, magazine, or
feeding device to any other such place if, during the
transportation, the ammunition, magazine, or feeding device is
not loaded into a firearm, and--
``(A) if the transportation is by motor vehicle,
the ammunition, magazine, or feeding device is not
directly accessible from the passenger compartment of
the vehicle, and, if the vehicle is without a
compartment separate from the passenger compartment,
the ammunition, magazine, or feeding device is in a
locked container other than the glove compartment or
console; or
``(B) if the transportation is by other means, the
ammunition, magazine, or feeding device is in a locked
container.
``(b) In subsection (a), the term `transport' includes staying in
temporary lodging overnight, stopping for food, fuel, vehicle
maintenance, an emergency, medical treatment, and any other activity
incidental to the transport, but does not include transportation--
``(1) with the intent to commit a crime punishable by
imprisonment for a term exceeding one year that involves the
use or threatened use of force against another; or
``(2) with knowledge, or reasonable cause to believe, that
such a crime is to be committed in the course of, or arising
from, the transportation.
``(c)(1) A person who is transporting a firearm, ammunition,
magazine, or feeding device may not be arrested or otherwise detained
for violation of any law or any rule or regulation of a State or any
political subdivision thereof related solely to the possession,
transportation, or carrying of firearms, ammunition, magazine, or
feeding device unless there is probable cause to believe that the
person is doing so in a manner not provided for in subsection (a).
``(2) When a person asserts this section as a defense in a criminal
proceeding, the prosecution shall bear the burden of proving, beyond a
reasonable doubt, that the conduct of the person did not satisfy the
conditions set forth in subsection (a).
``(3) When a person successfully asserts this section as a defense
in a criminal proceeding, the court shall award the prevailing
defendant a reasonable attorney's fee.
``(d)(1) A person who is deprived of any right, privilege, or
immunity secured by this section, section 926B or 926C, under color of
any statute, ordinance, regulation, custom, or usage of any State or
any political subdivision thereof, may bring an action in any
appropriate court against any other person, including a State or
political subdivision thereof, who causes the person to be subject to
the deprivation, for damages and other appropriate relief.
``(2) The court shall award a plaintiff prevailing in an action
brought under paragraph (1) damages and such other relief as the court
deems appropriate, including a reasonable attorney's fee.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended in the item relating to section 926A by striking ``firearms''
and inserting ``firearms or ammunition''.
<all>
</pre></body></html>
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118HR1680 | Black Sea Security Act of 2023 | [
[
"K000375",
"Rep. Keating, William R. [D-MA-9]",
"sponsor"
],
[
"T000463",
"Rep. Turner, Michael R. [R-OH-10]",
"cosponsor"
],
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"cosponsor"
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[
"S001190",
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"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1680 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1680
To provide for security in the Black Sea region, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Keating (for himself and Mr. Turner) introduced the following bill;
which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To provide for security in the Black Sea region, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Sea Security Act of 2023''.
SEC. 2. SENSE OF CONGRESS ON BLACK SEA SECURITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the interest of the United States to support
efforts to prevent the spread of further armed conflict in
Europe by recognizing the Black Sea region as an arena of
Russian aggression;
(2) littoral states of the Black Sea are critical in
countering aggression by the Government of the Russian
Federation and contributing to the collective security of NATO;
(3) the repeated, illegal, unprovoked, and violent attempts
of the Russian Federation to expand its territory and control
access to the Mediterranean Sea through the Black Sea
constitutes a threat to the national security of the United
States and NATO;
(4) the United States condemns attempts by the Russian
Federation to change or alter boundaries in the Black Sea
region by force or any means contrary to international law and
to impose a sphere of influence across the region;
(5) the United States and its allies should robustly
counter Russia's illegitimate territorial claims on the Crimean
Peninsula, along Ukraine's territorial waters in the Black Sea
and the Sea of Azov, in the Black Sea's international waters,
and in the territories it is illegally occupying in Ukraine;
(6) the United States should continue to work within NATO
and with NATO Allies to develop a long-term strategy to enhance
security, establish a permanent, sustainable presence along
NATO's eastern flank, and bolster the democratic resilience of
its allies and partners in the region;
(7) the United States should work within NATO and with NATO
Allies to develop a regular, rotational maritime presence in
the Black Sea;
(8) the United States should also work with the European
Union on coordinating a strategy to support democratic
initiatives and economic prosperity in the region, which
includes two European Union members and four European Union
aspirant nations;
(9) Turkey's behavior towards some regional allies and
democratic states has been counterproductive and has
contributed to increased tensions in the region, and Turkey
should avoid any actions to further escalate regional tensions;
(10) the United States should work to foster dialogue among
countries within the Black Sea region to improve communication
and intelligence sharing and increase cyber defense
capabilities;
(11) countries with historic and economic ties to Russia
are looking to the United States and Europe to provide a
positive economic presence in the broader region as a
counterbalance to the Russian Federation's malign influence in
the region;
(12) it is in the interest of the United States to support
and bolster the economic ties between the United States and
Black Sea states;
(13) the United States should support the initiative
undertaken by central and eastern European states to advance
the Three Seas Initiative Fund to strengthen transport, energy,
and digital infrastructure connectivity in the region between
the Adriatic Sea, Baltic Sea, and Black Sea;
(14) there are mutually beneficial opportunities for
increased investment and economic expansion, particularly on
energy, climate, and transport infrastructure initiatives,
between the United States and Black Sea states and the broader
region;
(15) improved economic ties between the United States and
the Black Sea states and the broader region can lead to a
strengthened strategic partnership;
(16) the United States must seek to address the food
security challenges arising from disruption of Ukraine's Black
Sea and Azov Sea ports, as this global challenge will have
critical national security implications for the United States,
our partners, and allies;
(17) Turkey, in coordination with the United Nations, has
played an important role in alleviating global food insecurity
by negotiating two agreements to allow grain exports from
Ukrainian ports through a safe corridor in the Black Sea;
(18) Russia has a brutal history of using hunger as a
weapon and must be stopped;
(19) countering the PRC's coercive economic pursuits
remains an important policy imperative in order to further
integrate the Black Sea states into western economies and
improve regional stability; and
(20) Turkey's continued delay in ratifying Sweden and
Finland's accession to NATO undermines the strength of the
alliance and inhibits the united international response to
Russia's unprovoked war in Ukraine.
SEC. 3. UNITED STATES POLICY.
It is the policy of the United States to--
(1) actively deter the threat of Russia's further
escalation in the Black Sea region and defend freedom of
navigation in the Black Sea to prevent the spread of further
armed conflict in Europe;
(2) advocate within NATO, among NATO Allies, and within the
European Union to develop a long-term coordinated strategy to
enhance security, establish a permanent, sustainable presence
in the eastern flank, and bolster the democratic resilience of
United States allies and partners in the region;
(3) advocate within NATO and among NATO Allies to develop a
regular, rotational maritime presence in the Black Sea;
(4) support and bolster the economic ties between the
United States and Black Sea partners and mobilize the
Department of State, the Department of Defense, and other
relevant Federal departments and agencies by enhancing the
United States presence and investment in Black Sea states;
(5) provide economic alternatives to the PRC's coercive
economic options that destabilize and further erode economic
integration of the Black Sea states;
(6) ensure that the United States continues to support
Black Sea states' efforts to strengthen their democratic
institutions to prevent corruption and accelerate their
advancement into the Euroatlantic community; and
(7) encourage the initiative undertaken by central and
eastern European states to advance the Three Seas Initiative to
strengthen transport, energy, and digital infrastructure
connectivity in the region between the Adriatic Sea, Baltic
Sea, and Black Sea.
SEC. 4. BLACK SEA SECURITY AND DEVELOPMENT STRATEGY.
(a) Black Sea Security and Development Strategy.--Not later than
180 days after the date of the enactment of this Act, the National
Security Council, in coordination with the Department of State, the
Department of Defense, and other relevant Federal departments and
agencies, is authorized to direct an interagency strategy to increase
coordination with NATO and the European Union, deepen economic ties,
strengthen energy security, support efforts to bolster their democratic
resilience, and enhance security assistance with our regional partners
in accordance with the values and interests of the United States.
(b) Purpose and Objectives.--The initiative established under
subsection (a) shall have the following goals and objectives:
(1) Ensuring the efficient and effective delivery of
security assistance to regional partners in accordance with the
values and interests of the United States, prioritizing
assistance that will bolster defenses against hybrid warfare
and improve interoperability with NATO forces.
(2) Bolstering United States support for the region's
energy security and integration with Europe and reducing their
dependence on Russia while supporting energy diversification.
(3) Mitigating the impact of economic coercion by the
Russian Federation and the PRC on Black Sea states and
identifying new opportunities for foreign direct investment
from the United States and cooperating countries and the
enhancement of United States business ties with regional
partners in accordance with the values and interests of the
United States.
(4) Increasing high-level engagement between the United
States and regional partners, and reinforcing economic growth,
financing quality infrastructure, and reinforcing trade with a
focus on improving high-level economic cooperation.
(5) Increasing United States coordination with the European
Union and NATO to maximize effectiveness and minimize
duplication.
(c) Activities.--
(1) Security.--The strategy established under subsection
(a) should include the following elements related to security:
(A) A plan to increase interagency coordination on
the Black Sea region.
(B) An assessment of whether a United States-led
initiative with NATO allies to increase coordination,
presence, and regional engagement among Black Sea
states is advisable.
(C) A strategy to increase security assistance
toward Black Sea states, focused on Ukraine, Romania,
Bulgaria, Moldova, and Georgia.
(D) Prioritization of intelligence, surveillance,
and reconnaissance systems to monitor Russia's
operations in the Black Sea region.
(E) An assessment of the value of establishing a
joint, multinational three-star headquarters on the
Black Sea, responsible for planning, readiness,
exercises, and coordination of all Allied and partner
military activity in the greater Black Sea region.
(F) An assessment of the challenges and
opportunities of establishing a regular, rotational
NATO maritime presence in the Black Sea, including an
analysis of the capacity, capabilities, and commitment
of NATO members to create this type of mission.
(G) An overview of Foreign Military Financing,
International Military Education and Training, and
other United States security assistance to the region.
(H) A plan for communicating the changes to NATO
posture to the public in allied and partner countries,
as well as to publics in the Russian Federation and
Belarus.
(I) A plan for combating Russian disinformation and
propaganda in the Black Sea region, utilizing the
resources of the United States Government, including
the Global Engagement Center.
(J) A plan to promote greater freedom of navigation
to allow for greater security and economic Black Sea
access.
(2) Economic prosperity.--The strategy established under
subsection (a) shall include the following elements related to
economic prosperity:
(A) A strategy to foster dialogue between experts
from the United States and from the Black Sea states on
economic expansion, foreign direct investment,
strengthening rule of law initiatives, and mitigating
economic coercion by Russia and the PRC.
(B) A strategy for all the relevant Federal
departments and agencies that contribute to United
States economic statecraft to expand their presence and
identify new opportunities for private investment with
regional partners in accordance with the values and
interests of the United States.
(C) Assessments on energy diversification, focusing
on the immediate need to replace energy supplies from
Russia, and recognizing the long-term importance of
broader energy diversification, including clean energy
initiatives.
(D) Assessments of potential food security
solutions, including sustainable, long-term
arrangements beyond the Black Sea Grain Initiative.
(3) Democratic resilience.--The strategy established under
subsection (a) shall include the following elements related to
democratic resilience:
(A) A strategy to increase independent media and
United States-supported media initiatives to combat
foreign malign influence in the Black Sea region.
(B) Greater mobilization of initiatives spearheaded
by the Global Engagement Center and the United States
Agency for International Development to counter Russian
propaganda and disinformation in the Black Sea region.
(4) Regional connectivity.--The strategy established under
subsection (a) shall promote regional connectivity by sending
high-level representatives of the Department of State or other
agency partners to--
(A) the Black Sea region not less frequently than
twice a year; and
(B) major regional fora on infrastructure and
energy security, including the Three Seas Initiative
Summit.
(d) Identification of Necessary Programs and Resources.--Not later
than 360 days after the date of the enactment of this Act, the
interagency shall identify any necessary program, policy, or budgetary
resources required, by agency, to support implementation of the Black
Sea Security Strategy for fiscal years 2024, 2025, and 2026.
(e) Responsibilities of Federal Departments and Agencies.--Nothing
under this section shall be deemed to authorize the National Security
Council to assume any of the responsibilities or authorities of the
head of any Federal department, agency, or office, including the
foreign affairs responsibilities and authorities of the Secretary of
State, to oversee the implementation of programs and policies under
this section.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Appropriations
of the House of Representatives.
(2) Black sea states.--The term ``Black Sea states'' means
Turkey, Romania, Bulgaria, Moldova, Ukraine, and Georgia.
<all>
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118HR1681 | Military Child Care Transparency and Expansion Act | [
[
"K000394",
"Rep. Kim, Andy [D-NJ-3]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1681 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1681
To make certain improvements to child care services provided by the
Secretary of Defense.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Kim of New Jersey introduced the following bill; which was referred
to the Committee on Armed Services
_______________________________________________________________________
A BILL
To make certain improvements to child care services provided by the
Secretary of Defense.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Child Care Transparency and
Expansion Act''.
SEC. 2. IMPROVEMENTS TO CHILD CARE SERVICES PROVIDED BY THE SECRETARY
OF DEFENSE.
(a) Expansion of Pilot Program To Provide Financial Assistance to
Members of the Armed Forces for In-Home Child Care.--Section 589(b) of
the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 1791 note) is amended
by striking ``five locations'' and inserting ``six locations''.
(b) Wait Times for Child Care Services at Military Child
Development Centers.--
(1) Publication.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
publish and maintain on a website of the Department of Defense,
accessible by members of the Armed Forces, waiting lists for
child care services at military child development centers.
(2) Estimates.--On the website described in paragraph (1),
the Secretary shall publish a tool that uses data collected by
the Secretary to estimate how long a member assigned to serve
at a military installation will likely wait before receiving
child care services at the military child development center of
such installation.
<all>
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118HR1682 | Protecting Students from Worthless Degrees Act | [
[
"K000391",
"Rep. Krishnamoorthi, Raja [D-IL-8]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1682 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1682
To provide consumer protections for students.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Krishnamoorthi introduced the following bill; which was referred to
the Committee on Education and the Workforce, and in addition to the
Committees on Armed Services, and Veterans' Affairs, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide consumer protections for students.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Students from Worthless
Degrees Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal financial assistance program.--The term
``Federal financial assistance program'' means a program
authorized and funded by the Federal Government under any of
the following provisions of law:
(A) Title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.).
(B) Title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.).
(C) The Adult Education and Family Literacy Act (29
U.S.C. 3271 et seq.).
(D) Chapter 30, 31, 32, 33, 34, 35, or 36 of title
38, United States Code.
(E) Chapter 101, 105, 106A, 1606, 1607, or 1608 of
title 10, United States Code.
(F) Section 1784a, 2005, or 2007 of title 10,
United States Code.
(2) Freely associated states.--The term ``freely associated
States'' means the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.
(3) Institution of higher education.--The term
``institution of higher education''--
(A) with respect to a program authorized under
paragraph (1)(A), has the meaning given the term in
section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002);
(B) with respect to a program authorized under
paragraph (1)(B), has the meaning given the term in
section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102);
(C) with respect to a program authorized under
paragraph (1)(C), has the meaning given the term
``postsecondary educational institution'' under section
203 of the Adult Education and Family Literacy Act (29
U.S.C. 3272);
(D) with respect to a program authorized under
paragraph (1)(D), has the meaning given the term
``educational institution'' under section 3452 of title
38, United States Code;
(E) with respect to a program authorized under
paragraph (1)(E), means an educational institution that
awards a degree or certificate and is located in any
State; and
(F) with respect to a program authorized under
paragraph (1)(F), means an educational institution that
awards a degree or certificate and is located in any
State.
(4) State.--The term ``State'' includes, in addition to the
several States of the United States, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, American Samoa, the
United States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and the freely associated States.
SEC. 3. PROTECTIONS IN OCCUPATIONS REQUIRING STATE LICENSURE.
Notwithstanding any other provision of law, an institution of
higher education is not eligible to participate in a Federal financial
assistance program with respect to any program of postsecondary
education or training, including a degree or certificate program and
any program offered by distance education or correspondence courses to
students located in a State other than where the institution is
physically located, that is designed to prepare students for entry into
a recognized occupation or profession that requires licensing or other
established requirements as a pre-condition for entry into such
occupation or profession, unless, by not later than 1 year after the
date of enactment of this Act--
(1) the successful completion of the program fully
qualifies a student, in the metropolitan statistical area in
which the student resides, in the State in which the student
resides, and in any State in which the institution indicates,
through advertising or marketing activities or direct contact
with potential students, that a student will be prepared to
work in the occupation or profession after successfully
completing the program, to--
(A) take any examination required for entry into
the recognized occupation or profession in the
metropolitan statistical area and any State described
in this paragraph, including satisfying all Federal,
State, or professionally mandated programmatic and
specialized accreditation requirements, if any; and
(B) be certified or licensed or meet any other
academically related pre-conditions that are required
for entry into the recognized occupation or profession
in any such State; and
(2) the institution offering the program provides timely
placement for all of the academically related pre-licensure
requirements for entry into the recognized occupation or
profession, such as clinical placements, internships, or
apprenticeships.
SEC. 4. CERTIFICATION REQUIREMENTS FOR GAINFUL EMPLOYMENT PROGRAMS.
Section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094) is
amended--
(1) in subsection (a), by adding at the end the following:
``(30) The institution will--
``(A) provide to the Secretary not later than the
first December 31 following the date of enactment of
the Protecting Students from Worthless Degrees Act (or,
for any institution that does not have an active
program participation agreement as of such date, the
first December 31 after the institution enters into the
agreement), in accordance with procedures established
by the Secretary, a certification signed by the most
senior executive officer of the institution that the
institution and each of the eligible gainful employment
programs included on the eligibility and certification
approval report of the institution under subpart 3 of
part H meet the requirements of subsection (k);
``(B) include with its certification an explanation
of how each eligible gainful employment program is not
substantially similar to any ineligible or discontinued
program described in subsection (k)(2)(D); and
``(C) update the certification within 10 days if
there are any changes in the approvals for an eligible
gainful employment program, or other changes for an
eligible gainful employment program that make the
existing certification no longer accurate.''; and
(2) by adding at the end the following:
``(k) Certification Requirements for Gainful Employment Programs.--
``(1) Definition of gainful employment program.--The term
`gainful employment program' means a program of training that--
``(A) in order to qualify for assistance under this
title, is required under subsection (b)(1)(A)(i) or
(c)(1)(A) of section 102, or section 101(b)(1), to
satisfy gainful employment requirements; and
``(B) is offered by an institution eligible to
receive assistance under this title.
``(2) In general.--Each eligible gainful employment program
included on the eligibility and certification approval report
of an institution of higher education shall comply with each of
the following:
``(A) The gainful employment program is approved by
a recognized accrediting agency or is otherwise
included in the institution's accreditation by its
recognized accrediting agency, or, if the institution
is a public postsecondary vocational institution, the
program is approved by a recognized State agency for
the approval of public postsecondary vocational
education in lieu of accreditation.
``(B) The gainful employment program is
programmatically accredited, if such accreditation is
required by--
``(i) a Federal governmental entity;
``(ii) a governmental entity in the State
in which the institution is located; or
``(iii) a governmental entity in a State in
which the institution is not physically
located, if the institution--
``(I) offers postsecondary
education through distance education or
correspondence courses to students
located in that State; or
``(II) is otherwise subject to that
State's jurisdiction, as determined by
that State.
``(C) The gainful employment program satisfies the
applicable educational prerequisites for professional
licensure or certification requirements in the State in
which the institution is located or a State described
in subparagraph (B)(iii), so that a student who
completes the program and seeks employment in any such
State qualifies to take any licensure or certification
examination that is needed for the student to practice
or find employment in an occupation that the program
prepares students to enter.
``(D) The gainful employment program is not
substantially similar to a program offered by the
institution that, in any of the 3 years prior to the
date of the eligibility and certification approval
report--
``(i) became ineligible for funding under
this title due to a debt to earning rates
measure, or any subsequent outcome measure,
that the Secretary determines serves the best
interests of students and taxpayers; and
``(ii) was voluntarily discontinued by the
institution.
``(3) Requirements ensuring student awareness.--Before an
institution offering a gainful employment program enrolls any
student who intends to reside, practice, or seek employment in
a State for which the program does not satisfy the applicable
educational prerequisites for professional licensure or
certification requirements needed for that occupation in that
State, the institution shall--
``(A) notify the student that the gainful
employment program does not satisfy the prerequisites;
and
``(B) obtain from the student a handwritten
statement, in the student's own words and signed by the
student, acknowledging that the student wishes to
enroll in the gainful employment program despite
knowing that the gainful employment program does not
meet the licensure or certification requirements for
the occupation in the State in which the student
intends to reside, practice, or seek employment.
``(4) Requirements regarding reestablishment of
eligibility.--The institution shall not seek to reestablish the
eligibility of a gainful employment program that is ineligible
for funding under this subsection until not less than 3 years
following the date specified in the notice of determination
informing the institution of the program's ineligibility.''.
SEC. 5. STATE AUTHORIZATION REQUIREMENTS FOR DISTANCE EDUCATION
PROGRAMS.
Section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001(a))
is amended--
(1) in subsection (a)(2), by inserting ``, in accordance
with subsection (d)'' before the semicolon; and
(2) by adding at the end the following:
``(d) State Authorization.--
``(1) In general.--An institution that offers postsecondary
education through distance education or correspondence courses
shall meet the requirements of subsection (a)(2) by being
legally authorized within each State in which the institution's
enrolled students are located, subject to paragraph (2).
``(2) State authorization reciprocity agreements.--An
institution described in paragraph (1) that is located in a
State that participates in a State authorization reciprocity
agreement with another State and that is covered by such State
authorization reciprocity agreement, is considered to meet
State requirements for the institution to be legally offering
postsecondary distance education or correspondence courses in
the other State--
``(A) subject to any additional requirements of
that State; and
``(B) if the institution documents, in the manner
required by the Secretary, that each State in which the
institution's enrolled students are located has a State
process--
``(i) to review and take appropriate action
on complaints from any of such enrolled
students concerning the institution, including
enforcing applicable State law; and
``(ii) to make the complaints public.
``(3) State authorization reciprocity agreement defined.--
In this subsection, the term `State authorization reciprocity
agreement' means an agreement between 2 or more States that--
``(A) authorizes an institution located and legally
authorized in a State covered by the agreement to
provide postsecondary education through distance
education or correspondence courses to students located
in other States covered by the agreement; and
``(B) does not prohibit any State in the agreement
from enforcing the State's own statutes and
regulations, regardless as to whether such statutes and
regulations are general and apply to all educational
institutions or specifically directed at a subset of
educational institutions.''.
<all>
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118HR1683 | Generic Animal Drug Advancement Act | [
[
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"Rep. Mace, Nancy [R-SC-1]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1683 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1683
To amend the Federal Food, Drug, and Cosmetic Act to make certain
changes with respect to the approval of abbreviated applications for
the approval of new animal drugs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Ms. Mace introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Federal Food, Drug, and Cosmetic Act to make certain
changes with respect to the approval of abbreviated applications for
the approval of new animal drugs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generic Animal Drug Advancement
Act''.
SEC. 2. CHANGES TO PROCESS FOR APPROVAL OF ABBREVIATED APPLICATIONS FOR
THE APPROVAL OF NEW ANIMAL DRUGS.
Section 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360b) is amended--
(1) in subsection (d)(4), in the matter preceding
subparagraph (A), by striking ``section 512(b)(1)'' and
inserting ``paragraph (1) or (2) of subsection (b)'';
(2) in subsection (n)(1)(F)--
(A) by striking ``or because the new animal drug''
and inserting ``because the new animal drug''; and
(B) by striking ``manufacturers;'' and inserting
``manufacturers, or because the new animal drug is not
shown to be bioequivalent to all of the species for
which the approved new animal drug is approved for
use;''; and
(3) by amending subsection (o) to read as follows:
``(o) For purposes of this section--
``(1) the term `bioequivalent' means, in establishing
whether a new animal drug is bioequivalent to an approved new
animal drug--
``(A) demonstrating bioequivalence in at least one
major species for which the approved new animal drug is
approved for use; or
``(B) in the case that an approved new animal drug
is not approved for use in any major species,
demonstrating bioequivalence in at least one species
for which the approved new animal drug is approved for
use; and
``(2) the term `patent' means a patent issued by the United
States Patent and Trademark Office;''.
<all>
</pre></body></html>
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118HR1684 | Haiti Criminal Collusion Transparency Act of 2023 | [
[
"M001137",
"Rep. Meeks, Gregory W. [D-NY-5]",
"sponsor"
],
[
"M001157",
"Rep. McCaul, Michael T. [R-TX-10]",
"cosponsor"
],
[
"C001127",
"Rep. Cherfilus-McCormick, Sheila [D-FL-20]",
"cosponsor"
],
[
"S000168",
"Rep. Salazar, Maria Elvira [R-FL-27]",
"cosponsor"
],
[
"L000599",
"Rep. Lawler, Michael [R-NY-17]",
"cosponsor"
],
[
"K000400",
"Rep. Kamlager-Dove, Sydney [D-CA-37]",
"cosponsor"
],
[
"S001200",
"Rep. Soto, Darren [D-FL-9]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1684 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1684
To require the Secretary of State to submit an annual report to
Congress regarding the ties between criminal gangs and political and
economic elites in Haiti and impose sanctions on political and economic
elites involved in such criminal activities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Meeks (for himself, Mr. McCaul, and Mrs. Cherfilus-McCormick)
introduced the following bill; which was referred to the Committee on
Foreign Affairs, and in addition to the Committee on the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To require the Secretary of State to submit an annual report to
Congress regarding the ties between criminal gangs and political and
economic elites in Haiti and impose sanctions on political and economic
elites involved in such criminal activities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Criminal Collusion
Transparency Act of 2023''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to a United Nations estimate, approximately
167 criminal gangs operated in Haiti in October 2021, exerting
territorial control over as much as two-thirds of the country.
(2) Haitian armed criminal gangs, the most prominent of
which are the G9 Family and Allies and 400 Mawozo gangs,
conduct violent crimes, including murder, rape, arms and drug
trafficking, racketeering, kidnapping, and blockades of fuel
and aid deliveries. These crimes have perpetuated the ongoing
security and humanitarian crises in Haiti, which have worsened
since the assassination of President Jovenel Moise on July 7,
2021.
(3) The United Nations Office of the High Commissioner for
Human Rights and the Human Rights Service jointly found a 333
percent increase in human rights violations and abuses against
the rights to life and security in Haiti between July 2018 and
December 2019.
(4) At least 19,000 Haitians were forcibly displaced during
2021 due to rising criminal violence.
(5) Armed gangs have used rape, and other forms of sexual
violence to instill fear, punish, subjugate, and inflict pain
on local populations with the goal of expanding their areas of
influence in Port-au-Prince.
(6) At least 803 kidnappings were reported in Haiti during
the first 10 months of 2021, including the kidnapping of more
than 16 United States citizens, giving Haiti having the highest
per capita kidnapping rate of any country in the world.
(7) There is significant evidence of collusion between
criminal gangs and economic and political elites in Haiti,
including members of the Haitian National Police, which has
resulted in widespread impunity and directly contributed to
Haiti's current security crisis.
(8) On December 10, 2020, the Office of Foreign Assets
Control of the Department of the Treasury designated former
Haitian National Police officer Jimmy Cherizier, former
Director General of the Ministry of the Interior Fednel
Monchery, and former Departmental Delegate Joseph Pierre
Richard Duplan under the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) for their connections to armed
criminal gangs, including organizing the November 2018 La
Saline massacre.
SEC. 3. REPORTING REQUIREMENTS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Economic elites.--The term ``economic elites'' means
board members, officers, and executives of groups, committees,
corporations, or other entities that exert substantial
influence or control over Haiti's economy, infrastructure, or
particular industries.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) Political and economic elites.--The term ``political
and economic elites'' means political elites and economic
elites.
(5) Political elites.--The term ``political elites'' means
current and former government officials and their high-level
staff, political party leaders, and political committee
leaders.
(b) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary of State, in coordination with
the intelligence community, shall submit a report to the
appropriate congressional committees regarding the ties between
criminal gangs and political and economic elites in Haiti. The
report shall--
(A) identify prominent criminal gangs in Haiti,
describe their criminal activities including coercive
recruitment, and identify their primary geographic
areas of operations;
(B) list Haitian political and economic elites who
have links to criminal gangs;
(C) describe in detail the relationship between the
individuals listed pursuant to subparagraph (B) and the
criminal gangs identified pursuant to subparagraph (A);
(D) list Haitian political and economic elites with
links to criminal activities who are currently
subjected to visa restrictions or sanctions by the
United States, its international partners, or the
United Nations, including information regarding--
(i) the date on which each such Haitian
political or economic elite was designated for
restrictions or sanctions;
(ii) which countries have designated such
Haitian political and economic elites for
restrictions or sanctions; and
(iii) for Haitian political and economic
elites who were designated by the United
States, the statutory basis for such
designation;
(E) describe in detail how Haitian political and
economic elites use their relationships with criminal
gangs to advance their political and economic interests
and agenda;
(F) include an assessment of how the nature and
extent of collusion between political and economic
elites and criminal gangs threatens the Haitian people
and United States national interests and activities in
the country, including the provision of security
assistance to the Haitian government; and
(G) include an assessment of potential actions that
the Government of the United States and the Government
of Haiti could take to address the findings made
pursuant to subparagraph (F).
(2) Form of report.--The report required under paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex.
(c) Designations of Political and Economic Elites.--
(1) In general.--The Secretary of State, in coordination
with other relevant Federal agencies and departments, shall
identify persons identified pursuant to subparagraphs (A) and
(B) of subsection (b)(1) who may be subjected to visa
restrictions and sanctions under--
(A) section 7031(c) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2022 (division K of Public Law 117-103; 8 U.S.C.
1182 note); or
(B) section 1263 of the Global Magnitsky Human
Rights Accountability Act (22 U.S.C. 10102).
(2) Imposition of sanctions.--Not later than 30 days after
the date on which the report is submitted pursuant to
subsection (b), the President shall impose, on individuals
identified pursuant to paragraph (1), to the extent applicable,
the sanctions referred to in subparagraphs (A) and (B) of such
paragraph.
(3) Waiver.--The President may waive the requirements under
paragraphs (1) and (2) with respect to a foreign person if the
President certifies and reports to the appropriate
congressional committees before such waiver is to take effect
that such waiver--
(A) would serve a vital national interest of the
United States; or
(B) is necessary for the delivery of humanitarian
assistance or other assistance that supports basic
human needs.
(4) Public availability.--The list of persons identified
pursuant to subsection (b)(1)(B) shall be posted on a publicly
accessible website of the Department of State beginning on the
date on which the report required under subsection (b)(1) is
submitted to Congress.
(d) Sunset.--This section shall cease to have effect on the date
that is 5 years after the date of the enactment of this Act.
<all>
</pre></body></html>
| [
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118HR1685 | E-BIKE Act | [
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] | <p> <strong>Electric Bicycle Incentive Kickstart for the Environment Act or the E-BIKE Act</strong></p> <p>This bill allows individual taxpayers a new tax credit for 30% of the cost of a qualified electric bicycle. The bill defines <em>qualified electric bicycle</em> to mean a bicycle or tricycle that does not cost more than $8,000 and that is equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts designed to assist in propelling the bicycle or tricycle under certain conditions</p> <p>The bill requires the Internal Revenue Service to establish a program to make advance payments of the credit and to publicly report on the number of taxpayers claiming the credit and the aggregate dollar amount of the credit, beginning in 2023 and 2024.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1685 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1685
To amend the Internal Revenue Code of 1986 to provide a credit for the
purchase of certain new electric bicycles.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Panetta (for himself, Mr. Blumenauer, Mr. Thompson of California,
and Mr. Schiff) introduced the following bill; which was referred to
the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide a credit for the
purchase of certain new electric bicycles.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Bicycle Incentive Kickstart
for the Environment Act'' or as the ``E-BIKE Act''.
SEC. 2. CREDIT FOR CERTAIN NEW ELECTRIC BICYCLES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36B the following new section:
``SEC. 36C. ELECTRIC BICYCLES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to 30 percent of the cost of each
qualified electric bicycle placed in service by the taxpayer during
such taxable year.
``(b) Limitations.--
``(1) Limitation on cost per bicycle taken into account.--
The amount taken into account under subsection (a) as the cost
of any qualified electric bicycle shall not exceed $5,000.
``(2) Limitation on number of bicycles.--In the case of any
taxpayer for any taxable year, the number of qualified electric
bicycles taken into account under subsection (a) shall not
exceed the excess (if any) of--
``(A) 1 (2 in the case of a joint return), reduced
by
``(B) the aggregate number of qualified electric
bicycles taken into account by the taxpayer under
subsection (a) for the 2 preceding taxable years.
``(3) Phaseout based on income.--
``(A) Phaseout based on modified adjusted gross
income.--The credit allowed under subsection (a) shall
be reduced by $100 for each $1,000 (or fraction
thereof) by which the taxpayer's modified adjusted
gross income exceeds--
``(i) $300,000 in the case of a joint
return or a surviving spouse (as defined in
section 2(a)),
``(ii) $225,000 in the case of a head of
household (as defined in section 2(b)), and
``(iii) $150,000 in the case of a taxpayer
not described in clause (i) or (ii).
``(B) Special rule for modified adjusted gross
income taken into account.--The modified adjusted gross
income of the taxpayer that is taken into account for
purposes of subparagraph (A) shall be the lesser of--
``(i) the modified adjusted gross income
for the taxable year with respect to which the
credit is claimed, or
``(ii) the modified adjusted gross income
for the immediately preceding taxable year.
``(C) Modified adjusted gross income.--For purposes
of subparagraph (A), the term `modified adjusted gross
income' means adjusted gross income increased by any
amount excluded from gross income under section 911,
931, or 933.
``(c) Qualified Electric Bicycle.--For purposes of this section--
``(1) In general.--The term `qualified electric bicycle'
means a bicycle or tricycle--
``(A) the original use of which commences with the
taxpayer,
``(B) which is acquired for use by the taxpayer and
not for resale,
``(C) which is not property of a character subject
to an allowance for depreciation or amortization in the
hands of the taxpayer,
``(D) which is made by a qualified manufacturer and
is labeled with the qualified vehicle identification
number assigned to such bicycle or tricycle by such
manufacturer,
``(E) with respect to which the aggregate amount
paid for such acquisition does not exceed $8,000,
``(F) which is a class 1 electric bicycle or
tricycle, a class 2 electric bicycle or tricycle, or a
class 3 electric bicycle or tricycle,
``(G) which is equipped with--
``(i) fully operable pedals,
``(ii) a saddle or seat for the rider, and
``(iii) an electric motor of less than 750
watts which is designed to provide assistance
in propelling the bicycle or tricycle and--
``(I) does not provide such
assistance if the bicycle or tricycle
is moving in excess of 20 miler per
hour, or
``(II) if such motor only provides
such assistance when the rider is
pedaling, does not provide such
assistance if the bicycle or tricycle
is moving in excess of 28 miles per
hour,
``(H) which is not equipped with any motor other
than the motor described in subparagraph (G)(iii),
``(I) which is not capable of exceeding the speed
limitation in paragraph (2) by means of any electronic
switch, setting or software modification provided or
made available by the manufacturer, and
``(J) which has a drive system that has been
certified by an accredited laboratory to Underwriters
Laboratory (UL) standard UL 2849, or a battery that has
been certified to any of the battery safety standards
listed in such standard UL 2849 or such other drive
system or battery safety standard as may be recognized
by the United States Consumer Product Safety
Commission.
``(2) Class 1 electric bicycle or tricycle.--The term
`class 1 electric bicycle or tricycle' means a two- or three-
wheeled vehicle equipped with an electric motor that provides
assistance only when the rider is pedaling, that is not capable
of providing assistance when the speed of the vehicle exceeds
20 miles per hour, and that is not a class 3 electric bicycle
or tricycle.
``(3) Class 2 electric bicycle or tricycle.--The term
`class 2 electric bicycle or tricycle' means a two- or three-
wheeled vehicle equipped with an electric motor that may be
used to propel the vehicle without the need of any additional
assistance, and that is not capable of providing assistance
when the speed of the vehicle exceeds 20 miles per hour.
``(4) Class 3 electric bicycle or tricycle.--The term
`class 3 electric bicycle or tricycle' means a two- or three-
wheeled vehicle equipped with an electric motor that provides
assistance only when the rider is pedaling, and that is not
capable of providing assistance when the speed of the vehicle
exceeds 28 miles per hour.
``(d) Special Rule for Bicycles Used by an Individual in a Trade or
Business.--In the case of any bicycle or tricycle with respect to which
the taxpayer elects (at such time and in such manner as the Secretary
may provide) the application of this subsection--
``(1) subsections (c)(1)(C) and (f)(2) shall not apply with
respect to such bicycle or tricycle, and
``(2) no deduction (including any deduction for
depreciation or amortization) or credit (other than the credit
allowed under this section) shall be allowed for the cost of
such bicycle or tricycle.
``(e) VIN Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) with respect to any qualified electric bicycle
unless the taxpayer includes the qualified vehicle
identification number of such bicycle on the return of tax for
the taxable year.
``(2) Qualified vehicle identification number.--For
purposes of this section, the term `qualified vehicle
identification number' means, with respect to any qualified
electric bicycle, the vehicle identification number assigned to
such bicycle by a qualified manufacturer pursuant to the
methodology referred to in paragraph (3)(A).
``(3) Qualified manufacturer.--For purposes of this
section, the term `qualified manufacturer' means any
manufacturer of qualified electric bicycles which enters into
an agreement with the Secretary which provides that such
manufacturer will--
``(A) assign a vehicle identification number to
each qualified electric bicycle produced by such
manufacturer utilizing a methodology that will ensure
that such number (including any alphanumeric) is unique
to such bicycle (by utilizing numbers or letters which
are unique to such manufacturer or by such other method
as the Secretary may provide),
``(B) label such bicycle with such number in such
manner as the Secretary may provide, and
``(C) make periodic written reports to the
Secretary (at such times and in such manner as the
Secretary may provide) of the vehicle identification
numbers so assigned and including such information as
the Secretary may require with respect to the qualified
electric bicycle to which such number was so assigned.
``(f) Special Rules.--
``(1) Basis reduction.--For purposes of this subtitle, the
basis of any property for which a credit is allowable under
subsection (a) shall be reduced by the amount of such credit so
allowed.
``(2) No double benefit.--The amount of any deduction or
other credit allowable under this chapter for a qualified
electric bicycle for which a credit is allowable under
subsection (a) shall be reduced by the amount of credit allowed
under such subsection for such bicycle.
``(3) Property used outside united states not qualified.--
No credit shall be allowable under subsection (a) with respect
to any property referred to in section 50(b)(1).
``(4) Recapture.--The Secretary shall, by regulations or
other guidance, provide for recapturing the benefit of any
credit allowable under subsection (a) with respect to any
property which ceases to be property eligible for such credit.
``(5) Election not to take credit.--No credit shall be
allowed under subsection (a) for any qualified electric bicycle
if the taxpayer elects to not have this section apply to such
bicycle.
``(g) Treatment of Certain Possessions.--
``(1) Payments to possessions with mirror code tax
systems.--The Secretary shall pay to each possession of the
United States which has a mirror code tax system amounts equal
to the loss (if any) to that possession by reason of the
application of the provisions of this section (determined
without regard to this subsection). Such amounts shall be
determined by the Secretary based on information provided by
the government of the respective possession.
``(2) Payments to other possessions.--The Secretary shall
pay to each possession of the United States which does not have
a mirror code tax system amounts estimated by the Secretary as
being equal to the aggregate benefits (if any) that would have
been provided to residents of such possession by reason of the
provisions of this section if a mirror code tax system had been
in effect in such possession. The preceding sentence shall not
apply unless the respective possession has a plan which has
been approved by the Secretary under which such possession will
promptly distribute such payments to its residents.
``(3) Mirror code tax system; treatment of payments.--Rules
similar to the rules of paragraphs (3), (4), and (5) of section
21(h) shall apply for purposes of this section.
``(h) Transfer of Credit.--
``(1) In general.--Subject to such regulations or other
guidance as the Secretary determines necessary or appropriate,
if the taxpayer who acquires a qualified electric bicycle is an
individual and elects the application of this subsection with
respect to such qualified electric bicycle, the credit which
would (but for this subsection) be allowed to such taxpayer
with respect to such qualified electric bicycle shall be
allowed to the eligible entity specified in such election (and
not to such taxpayer).
``(2) Eligible entity.--For purposes of this paragraph, the
term `eligible entity' means, with respect to the qualified
electric bicycle for which the credit is allowed under
subsection (a), the retailer which sold such qualified electric
bicycle to the taxpayer and has--
``(A) subject to paragraph (4), registered with the
Secretary for purposes of this paragraph, at such time,
and in such form and manner, as the Secretary may
prescribe,
``(B) prior to the election described in paragraph
(1) and no later than at the time of such sale,
disclosed to the taxpayer purchasing such qualified
electric bicycle--
``(i) the retail price,
``(ii) the value of the credit allowed or
other incentive available for the purchase of
such qualified electric bicycle,
``(iii) all fees associated with the
purchase of such qualified electric bicycle,
and
``(iv) the amount provided by the retailer
to such taxpayer as a condition of the election
described in paragraph (1),
``(C) made payment to such taxpayer (whether in
cash or in the form of a partial payment or down
payment for the purchase of such qualified electric
bicycle) in an amount equal to the credit otherwise
allowable to such taxpayer, and
``(D) with respect to any incentive otherwise
available for the purchase of a qualified electric
bicycle for which a credit is allowed under this
section, including any incentive in the form of a
rebate or discount provided by the retailer or
manufacturer, ensured that--
``(i) the availability or use of such
incentive shall not limit the ability of a
taxpayer to make an election described in
paragraph (1), and
``(ii) such election shall not limit the
value or use of such incentive.
``(3) Timing.--An election described in paragraph (1) shall
be made by the taxpayer not later than the date on which the
qualified electric bicycle for which the credit is allowed
under subsection (a) is purchased.
``(4) Revocation of registration.--Upon determination by
the Secretary that a retailer has failed to comply with the
requirements described in paragraph (2), the Secretary may
revoke the registration (as described in subparagraph (A) of
such paragraph) of such retailer.
``(5) Tax treatment of payments.--With respect to any
payment described in paragraph (2)(C), such payment--
``(A) shall not be includible in the gross income
of the taxpayer, and
``(B) with respect to the retailer, shall not be
deductible under this title.
``(6) Application of certain other requirements.--In the
case of any election under paragraph (1) with respect to any
qualified electric bicycle--
``(A) the amount of the reduction under subsection
(b) shall be determined with respect to the modified
adjusted gross income of the taxpayer for the taxable
year preceding the taxable year in which such qualified
electric bicycle was acquired (and not with respect to
such income for the taxable year in which such
qualified electric bicycle was acquired),
``(B) the requirements of paragraphs (1) and (2) of
subsection (f) shall apply to the taxpayer who acquired
the qualified electric bicycle in the same manner as if
the credit determined under this section with respect
to such qualified electric bicycle were allowed to such
taxpayer, and
``(C) subsection (f)(5) shall not apply.
``(7) Advance payment to registered retailers.--
``(A) In general.--The Secretary shall establish a
program to make advance payments to any eligible entity
in an amount equal to the cumulative amount of the
credits allowed under subsection (a) with respect to
any qualified electric bicycles sold by such entity for
which an election described in paragraph (1) has been
made.
``(B) Excessive payments.--Rules similar to the
rules of section 6417(c)(6) shall apply for purposes of
this paragraph.
``(8) Retailer.--For purposes of this subsection, the term
`retailer' means a person engaged in the trade or business of
selling qualified electric bicycles in a State, the District of
Columbia, the Commonwealth of Puerto Rico, or any other
territory or possession of the United States.''.
(b) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (37), by
striking the period at the end of paragraph (38) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(39) to the extent provided in section 36C(f)(1).''.
(2) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36C,'' after ``36B,''.
(3) Section 6213(g)(2) of such Code is amended--
(A) in subparagraph (U), by striking ``and'' at the
end,
(B) in subparagraph (V), by striking the period at
the end and inserting ``, and'', and
(C) by adding at the end the following:
``(W) an omission of a correct vehicle
identification number required under section 36C(e)
(relating to electric bicycles credit) to be included
on a return.''.
(4) Section 6501(m) of such Code is amended by inserting
``36C(f)(5),'' after ``35(g)(11),''.
(5) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36C,'' after ``36B,''.
(c) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 36C. Electric bicycles.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date.
(e) Treasury Report.--Not later than 3 years after the date of the
enactment of this Act, the Secretary of the Treasury (or the
Secretary's delegate) shall make publicly available a written report
specifying the number of taxpayers claiming the credit allowed under
section 36C of the Internal Revenue Code of 1986 (as added by this
section) and the aggregate dollar amount of such credits so allowed.
Such information shall be stated separately for taxable years beginning
in 2023 and 2024, and shall be stated separately with respect to each
such years with respect to taxpayers in each of the income brackets to
which section 1 of such Code applies.
<all>
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118HR1686 | Sunshine in Product Safety Act | [
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"Rep. Schakowsky, Janice D. [D-IL-9]",
"sponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1686 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1686
To amend the Consumer Product Safety Act to strike provisions that
limit the disclosure of certain information by the Consumer Product
Safety Commission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Ms. Schakowsky introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Consumer Product Safety Act to strike provisions that
limit the disclosure of certain information by the Consumer Product
Safety Commission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sunshine in Product Safety Act''.
SEC. 2. DISCLOSURE OF INFORMATION ON CONSUMER PRODUCTS.
(a) In General.--Section 6 of the Consumer Product Safety Act (15
U.S.C. 2055) is amended by striking subsection (b).
(b) Conforming Amendments.--The Consumer Product Safety Act is
amended--
(1) in section 6A (15 U.S.C. 2055a), by striking ``and
(b)'' each place that such appears in subsections (b)(3) and
(f); and
(2) in section 29 (15 U.S.C. 2078)--
(A) in subsection (e)(2)(B), by striking ``unless
with respect to such information the Commission has
complied with the applicable requirements of section
6(b)''; and
(B) in subsection (f)(1), by striking ``subsections
(a)(3) and (b)'' and inserting ``subsection (a)(3)''.
<all>
</pre></body></html>
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118HR1687 | To designate the facility of the United States Postal Service located at 6444 San Fernando Road in Glendale, California, as the "Paul Ignatius Post Office". | [
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] | Designates the facility of the United States Postal Service located at 6444 San Fernando Road in Glendale, California, as the "Paul Ignatius Post Office." | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1687 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1687
To designate the facility of the United States Postal Service located
at 6444 San Fernando Road in Glendale, California, as the ``Paul
Ignatius Post Office''.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Schiff (for himself, Mr. Aguilar, Ms. Barragan, Mr. Bera, Ms.
Brownley, Mr. Carbajal, Mr. Cardenas, Mr. Calvert, Mr. Correa, Ms. Chu,
Mr. Costa, Mr. DeSaulnier, Mr. Duarte, Ms. Eshoo, Mr. Garamendi, Mr.
Mike Garcia of California, Mr. Robert Garcia of California, Mr. Gomez,
Mr. Harder of California, Mr. Huffman, Mr. Issa, Ms. Jacobs, Ms.
Kamlager-Dove, Mr. Khanna, Mr. Kiley, Mrs. Kim of California, Mr.
LaMalfa, Ms. Lee of California, Mr. Levin, Mr. Lieu, Ms. Lofgren, Ms.
Matsui, Mr. McClintock, Mr. Mullin, Mrs. Napolitano, Mr. Obernolte, Mr.
Panetta, Ms. Pelosi, Mr. Peters, Ms. Porter, Mr. Ruiz, Ms. Sanchez, Mr.
Sherman, Mrs. Steel, Mr. Swalwell, Mr. Takano, Mr. Thompson of
California, Mrs. Torres of California, Mr. Valadao, Mr. Vargas, and Ms.
Waters) introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To designate the facility of the United States Postal Service located
at 6444 San Fernando Road in Glendale, California, as the ``Paul
Ignatius Post Office''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. PAUL IGNATIUS POST OFFICE.
(a) Designation.--The facility of the United States Postal Service
located at 6444 San Fernando Road in Glendale, California, shall be
known and designated as the ``Paul Ignatius Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Paul
Ignatius Post Office''.
<all>
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118HR1688 | Social Security Cost of Living Increase Act of 2023 | [
[
"S000522",
"Rep. Smith, Christopher H. [R-NJ-4]",
"sponsor"
]
] | <p><strong>Social Security Cost of Living Increase Act of 2023</strong></p> <p>This bill bases cost-of-living adjustments for Social Security benefits on a price index that tracks the spending patterns of older consumers. The Bureau of Labor Statistics of the Department of Labor must publish that price index on a monthly basis.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1688 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1688
To provide an emergency cost-of-living increase for social security
beneficiaries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Smith of New Jersey introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committee on Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide an emergency cost-of-living increase for social security
beneficiaries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Cost of Living
Increase Act of 2023''.
SEC. 2. COMPUTATION OF COST-OF-LIVING INCREASES BASED ON CONSUMER PRICE
INDEX FOR ELDERLY CONSUMERS.
(a) In General.--Section 215(i)(1) of the Social Security Act (42
U.S.C. 415(i)(1)) is amended by adding at the end the following new
subparagraph:
``(H) the term `Consumer Price Index' means the Consumer
Price Index for Elderly Consumers (CPI-E, as published by the
Bureau of Labor Statistics of the Department of Labor).''.
(b) Application to Pre-1979 Law.--
(1) In general.--Section 215(i)(1) of the Social Security
Act as in effect in December 1978, and as applied in certain
cases under the provisions of such Act as in effect after
December 1978, is amended by adding at the end the following
new subparagraph:
``(D) the term `Consumer Price Index' means the Consumer
Price Index for Elderly Consumers (CPI-E, as published by the
Bureau of Labor Statistics of the Department of Labor).''.
(2) Conforming change.--Section 215(i)(4) of the Social
Security Act (42 U.S.C. 415(i)(4)) is amended--
(A) by striking ``and by section 9001'' and
inserting ``, section 9001''; and
(B) by inserting ``and section 3 of the Social
Security Cost of Living Increase Act of 2023,'' after
``1986,''.
(c) Publication of Consumer Price Index for Elderly Consumers.--The
Bureau of Labor Statistics of the Department of Labor shall prepare and
publish the index authorized by section 191 of the Older Americans
Amendments Act of 1987 (29 U.S.C. 2 note) for each calendar month,
beginning with the date of enactment of this Act, and such index shall
be known as the ``Consumer Price Index for Elderly Consumers''.
(d) Effective Date.--The amendments made by subsection (a) shall
apply to determinations made with respect to cost-of-living computation
quarters (as defined in section 215(i)(1)(B) of the Social Security Act
(42 U.S.C. 415(i)(1)(B))) ending on or after September 30, 2024.
<all>
</pre></body></html>
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118HR1689 | Connecting Students with Mental Health Services Act | [
[
"S001209",
"Rep. Spanberger, Abigail Davis [D-VA-7]",
"sponsor"
],
[
"F000466",
"Rep. Fitzpatrick, Brian K. [R-PA-1]",
"cosponsor"
],
[
"K000391",
"Rep. Krishnamoorthi, Raja [D-IL-8]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1689 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1689
To authorize the Secretary of Education, in coordination with the
Secretary of Health and Human Services, to award grants to eligible
entities to support the mental and behavioral health of elementary and
secondary school students, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Ms. Spanberger (for herself and Mr. Fitzpatrick) introduced the
following bill; which was referred to the Committee on Education and
the Workforce, and in addition to the Committee on Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To authorize the Secretary of Education, in coordination with the
Secretary of Health and Human Services, to award grants to eligible
entities to support the mental and behavioral health of elementary and
secondary school students, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Connecting Students with Mental
Health Services Act''.
SEC. 2. GRANTS TO SUPPORT MENTAL AND BEHAVIORAL HEALTH OF ELEMENTARY
AND SECONDARY SCHOOL STUDENTS.
(a) In General.--The Secretary of Education, in coordination with
the Secretary of Health and Human Services, shall carry out a program
consisting of awarding grants to eligible entities to support the
mental and behavioral health of students in elementary schools and
secondary schools, especially such students who reside in rural areas
or lack access to mental and behavioral health services.
(b) Use of Funds.--An eligible entity receiving a grant under this
section shall use the grant for resources to support the mental and
behavioral health of students in elementary schools and secondary
schools, which may include--
(1) purchasing or upgrading equipment (which may include
physical equipment and technology) to implement a telehealth
program that includes mental and behavioral health care;
(2) ensuring sufficient space and personnel to support such
a telehealth program in one or more schools; and
(3) hiring, or providing additional compensation for, staff
to help administer such a telehealth program.
(c) Application.--
(1) Submission.--To seek a grant under this section, an
eligible entity shall submit an application to the Secretary of
Education at such time, in such manner, and containing such
information and assurances as the Secretary may require.
(2) Contents.--Each such application shall include a plan--
(A) detailing the applicant's proposed telehealth
program that includes mental and behavioral health
care, to be supported through the plan; and
(B) providing assurances that any collection,
maintenance, or use of student information through such
telehealth program will be in accordance with
applicable privacy laws.
(d) Priority.--In awarding grants under this section, the Secretary
of Education shall give priority to eligible entities that--
(1) submit an application in accordance with subsection
(c); and
(2) serve--
(A) high-poverty elementary schools and secondary
schools;
(B) rural elementary schools and secondary schools;
or
(C) elementary schools and secondary schools that
are located in a health professional shortage area
designated under section 332 of the Public Health
Service Act (42 U.S.C. 254e).
(e) Timing.--The Secretary of Education shall establish the program
required by subsection (a) not later than 180 days after the date of
enactment of this Act.
(f) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant other Federal,
State, and local funds provided for activities funded under this
section.
(g) Report.--Not later than September 30, 2025, the Secretary of
Education and the Secretary of Health and Human Services, acting
jointly, shall submit to the Congress and make publicly available a
report including--
(1) analysis on the impact of the program under this
section (in a manner that does not include information that
would reveal personally identifiable information about an
individual student)--
(A) on the number of students in elementary schools
and secondary schools receiving health care (including
behavioral and mental health services) through a
telehealth program; and
(B) on the number of such students receiving
behavioral and mental health services through a
telehealth program; and
(2) recommendations for the reauthorization, expansion, and
improvement of the program under this section.
(h) Definitions.--In this section:
(1) The term ``community health care provider''--
(A) subject to subparagraph (B), includes a
university health care system; and
(B) excludes any provider that does not accept
payment under a State plan (or waiver of such plan)
under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.).
(2) The terms ``educational service agency'', ``elementary
school'', ``local educational agency'', and ``secondary
school'' have the meanings given to those terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) The term ``eligible entity'' means a partnership
between--
(A) a local educational agency or a consortium of
any such agencies; and
(B) a community health care provider or an
educational service agency.
(4) The term ``telehealth'' means the use of electronic
information and telecommunications technologies to support
long-distance clinical health care, patient and professional
health-related education, public health, and health
administration.
(i) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $5,000,000 for each of fiscal
years 2024 through 2027.
<all>
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118HR169 | To direct the United States Postal Service to designate a single, unique ZIP Code for Fairlawn, Virginia, and for other purposes. | [
[
"G000568",
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"sponsor"
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] | <p>This bill requires the U.S. Postal Service to designate a single, unique ZIP Code applicable to Fairlawn, Virginia.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 169 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 169
To direct the United States Postal Service to designate a single,
unique ZIP Code for Fairlawn, Virginia, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Griffith introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To direct the United States Postal Service to designate a single,
unique ZIP Code for Fairlawn, Virginia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ZIP CODE FOR FAIRLAWN, VIRGINIA.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Commonwealth of Virginia is the only State in the
United States where all cities are independent from their
surrounding counties;
(2) these independent cities are not politically a part of
the surrounding counties, even if they are located within their
borders;
(3) in Virginia these independent cities are subject to
separate revenue collection and distribution practices related
to roads, resources, and sales tax than neighboring counties;
(4) the sales tax collected from electronic commerce from
the unincorporated community of Fairlawn, Virginia, located in
Pulaski County, is often misallocated to the independent city
of Radford, Virginia, because they share the same ZIP Codes;
and
(5) Fairlawn, Virginia, should be eligible to obtain a
separate and unique ZIP Code from the neighboring independent
city of Radford, Virginia, for tax purposes.
(b) ZIP Code Designation.--Not later than 180 days after the date
of the enactment of this Act, the United States Postal Service shall
designate a single, unique ZIP Code applicable to Fairlawn, Virginia.
<all>
</pre></body></html>
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118HR1690 | ORDER Act | [
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"sponsor"
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],
[
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"cosponsor"
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"cosponsor"
],
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],
[
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],
[
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],
[
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],
[
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],
[
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],
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"cosponsor"
],
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"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1690 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1690
To authorize the Secretary of State to negotiate regional immigration
agreements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. McCaul introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize the Secretary of State to negotiate regional immigration
agreements, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Immigration Diplomacy and
Enforcement Act'' or the ``RIDE Act''.
SEC. 2. UNITED STATES POLICY REGARDING WESTERN HEMISPHERE COOPERATION
ON IMMIGRATION AND ASYLUM.
It is the policy of the United States to enter into agreements,
accords, and memoranda of understanding with sovereign countries in the
Western Hemisphere, the purposes of which are to advance the interests
of the United States by reducing costs associated with illegal
immigration and to protect the human capital, societal traditions, and
economic growth of other sovereign nations in the Western Hemisphere.
It is further the policy of the United States to ensure that
humanitarian and development assistance funding aimed at reducing
illegal immigration is not expended on programs that have not proven to
reduce illegal immigrant flows in the aggregate.
SEC. 3. NEGOTIATIONS BY SECRETARY OF STATE.
(a) Authorization To Negotiate.--The Secretary of State shall seek
to negotiate agreements, accords, and memoranda of understanding
between the United States, Mexico, Honduras, El Salvador, Guatemala,
and other countries in the Western Hemisphere with respect to
cooperation and burden sharing required for effective regional
immigration enforcement, expediting legal claims by aliens for asylum,
and the processing, detention, and repatriation of foreign nationals
seeking to enter the United States unlawfully. Such agreements shall be
designed to facilitate a regional approach to immigration enforcement
and shall, at a minimum, provide that--
(1) the Government of Mexico authorize and accept the rapid
entrance into Mexico of nationals of countries other than
Mexico who seek asylum in Mexico, and process the asylum claims
of such nationals inside Mexico, in accordance with both
domestic law and international treaties and conventions
governing the processing of asylum claims;
(2) the Government of Mexico authorize and accept both the
rapid entrance into Mexico of all nationals of countries other
than Mexico who are ineligible for asylum in Mexico and wish to
apply for asylum in the United States, whether or not at a port
of entry, and the continued presence of such nationals in
Mexico while they wait for the adjudication of their asylum
claims to conclude in the United States;
(3) the Government of Mexico commit to provide the
individuals described in paragraphs (1) and (2) with
appropriate humanitarian protections;
(4) the Government of Honduras, the Government of El
Salvador, and the Government of Guatemala each authorize and
accept the entrance into the respective countries of nationals
of other countries seeking asylum in the applicable such
country and process such claims in accordance with applicable
domestic law and international treaties and conventions
governing the processing of asylum claims;
(5) the Government of the United States commit to work to
accelerate the adjudication of asylum claims and to conclude
removal proceedings in the wake of asylum adjudications as
expeditiously as possible;
(6) the Government of the United States commit to continue
to assist the governments of countries in the Western
Hemisphere, such as the Government of Honduras, the Government
of El Salvador, and the Government of Guatemala, by supporting
the enhancement of asylum capacity in those countries; and
(7) the Government of United States commit to monitoring
developments in hemispheric immigration trends and regional
asylum capabilities to determine whether additional asylum
cooperation agreements are warranted.
(b) Notification in Accordance With Case-Zablocki Act.--The
Secretary of State shall, in accordance with section 112b of title 1,
United States Code, promptly inform the relevant congressional
committees of all agreements entered into pursuant to subsection (a).
Such notifications shall be submitted not later than 48 hours after
such agreements are signed.
SEC. 4. MANDATORY BRIEFING ON UNITED STATES EFFORTS TO ADDRESS THE
BORDER CRISIS.
The Secretary of State or the Secretary's designee shall, not less
frequently than every 90 days, brief the relevant congressional
committees in person on efforts undertaken pursuant to the negotiation
authority provided by section 4 to monitor, deter, and prevent illegal
immigration to the United States, including by entering into
agreements, accords, and memoranda of understanding with foreign
countries and by using United States foreign assistance to allegedly
stem the root causes of migration in the Western Hemisphere.
SEC. 5. FEASIBILITY STUDY AND STRATEGY FOR OPENING AN INTERNATIONAL LAW
ENFORCEMENT CENTER IN SOUTHERN MEXICO.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of State, acting through the Director of the Bureau
of Overseas Building Operations in conjunction with the Assistant
Secretary of State for Western Hemisphere Affairs and the Ambassador to
Mexico, in consultation with interagency partners and appropriate
counterparts of the Government of Mexico, shall--
(1) conduct a feasibility study of opening a multi-purpose
United States International Law Enforcement Center in southern
Mexico to assist in United States efforts to facilitate
cooperation to combat transnational organized crime and drug
trafficking organizations, as well as to reduce illegal
immigration without processing any immigration related benefits
to the United States; and
(2) submit to the relevant congressional committees a
strategy, including a timeline and expected costs, for opening
such a Center, incorporating the results of the feasibility
study.
SEC. 6. DEFINITIONS.
In this Act:
(1) Alien.--The term ``alien'' has the meaning given such
term in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101).
(2) Relevant congressional committees.--The term ``relevant
congressional committees'' means the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate.
<all>
</pre></body></html>
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] | <p><b>Ensuring Patient Access to Critical Breakthrough Products Act of </b><b>2023</b></p> <p>This bill provides for Medicare coverage of medical devices that are approved under the Food and Drug Administration (FDA) Breakthrough Devices Program. (Under the program, manufacturers work with the FDA to expedite the review and approval of certain medical devices that provide for more effective treatment or diagnosis of life-threatening or irreversibly debilitating human diseases or conditions.)</p> <p>The bill allows designated medical breakthrough devices to be temporarily covered under Medicare during a four-year transitional period. The Centers for Medicare & Medicaid Services (CMS) must assign payment codes for such devices within three months of FDA approval. The CMS must also establish a process to allow for continued coverage after the transitional period has expired, taking into account any additional evidence or data the CMS deems necessary.</p> <p>The CMS must also provide for temporary and, where appropriate, permanent Medicare coverage of breakthrough devices for which there is no existing benefit category (i.e., classification).</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1691 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1691
To amend title XVIII of the Social Security Act to ensure prompt
coverage of breakthrough devices under the Medicare program, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Wenstrup (for himself, Ms. DelBene, Mr. Bilirakis, Mr. Cardenas,
Mr. Moore of Utah, Ms. Sewell, Mr. Guthrie, and Ms. Eshoo) introduced
the following bill; which was referred to the Committee on Ways and
Means, and in addition to the Committee on Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to ensure prompt
coverage of breakthrough devices under the Medicare program, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Patient Access to Critical
Breakthrough Products Act of 2023''.
SEC. 2. COVERAGE AND PAYMENT FOR BREAKTHROUGH DEVICES UNDER THE
MEDICARE PROGRAM.
(a) In General.--Part E of title XVIII of the Social Security Act
(42 U.S.C. 1395x et seq.) is amended by adding at the end the following
new section:
``SEC. 1899C. COVERAGE OF BREAKTHROUGH DEVICES.
``(a) Breakthrough Devices.--For purposes of this section, the term
`breakthrough device' means a medical device that is a device (as
defined in section 201 of the Federal Food, Drug, and Cosmetic Act) and
that is--
``(1) provided with review priority by the Secretary under
subsection (d)(5) of section 515 of such Act; and
``(2) approved or cleared pursuant to section 510(k),
513(f), or 515 of such Act for use in treating an indication on
or after March 15, 2021.
Such term also includes a breakthrough device that is a specified
breakthrough device (as defined in subsection (e)(1)(B)) approved or
cleared pursuant to section 510(k), 513(f), or 515 of such Act for use
in treating an indication on or after March 15, 2021.
``(b) Coverage.--
``(1) Transitional coverage.--
``(A) In general.--During the transitional coverage
period (as defined in subparagraph (B)) a breakthrough
device shall be--
``(i) deemed to be reasonable and necessary
for purposes of section 1862(a)(1)(A);
``(ii) deemed to be approved for an
additional payment under section 1886(d)(5)(K)
(other than with respect to the cost criterion
under clause (ii)(I) of such section);
``(iii) deemed to be approved for pass-
through payment under section 1833(t)(6) and
section 1833(i) (other than with respect to the
cost criterion under section
1833(t)(6)(A)(iv)); and
``(iv) insofar as such breakthrough device
may be furnished in a setting for which payment
is made under an applicable payment system
described in subparagraphs (D) through (I) of
subsection (c)(4), deemed eligible for an
additional payment or payment adjustment, as
the case may be, pursuant to subsection (d)(3)
when furnished in a setting for which payment
is made under such an applicable payment system
during such transitional coverage period.
``(B) Transitional coverage period defined.--As
used in this section, the term `transitional coverage
period' means, with respect to a breakthrough device,
the period that--
``(i) begins on the date of the approval
under section 515 of the Federal Food, Drug,
and Cosmetic Act or of the clearance under
section 510(k) of such Act, as applicable, of
such device by the Secretary for the indication
described in subsection (a)(1); and
``(ii) ends on the last day of the 4-year
period that begins on the date that the
Secretary, pursuant to subsection (c)(2),
updates the relevant applicable payment system
(as defined in subsection (c)(4)) to recognize
the unique temporary or permanent code or codes
assigned under subsection (c)(1) to such
breakthrough device, except as provided in
subsections (d)(1)(B) and (d)(2)(B).
``(C) Data used to meet the ntap and pass-through
cost criteria.--In determining whether a breakthrough
device qualifies for an additional payment under
section 1886(d)(5)(K) or for pass-through payment under
section 1833(t)(6) or section 1833(i), the Secretary
shall use the most recently available data and
information on the costs of such breakthrough device,
which may include list prices and invoice prices
charged for such breakthrough device.
``(2) Process for regular coverage.--For purposes of the
application of section 1862(a)(1)(A) to a breakthrough device
furnished after the transitional coverage period (as defined in
paragraph (1)(B)) for such device, the Secretary shall
establish a process for the coverage of such breakthrough
devices under this title after such period as follows:
``(A) Identification of additional evidence.--
``(i) In general.--With respect to a
breakthrough device, not later than 1 year
after the date of the approval of such device
under section 515 of the Federal Food, Drug,
and Cosmetic Act or of the clearance of such
device under section 510(k) of such Act, as
applicable, the Secretary shall identify
whether any additional data or evidence is
required with respect to any indications for
such device for purposes of the application of
such section 1862(a)(1)(A) to such device for
such indications.
``(ii) Non-duplication of data requests.--
In carrying out clause (i) with respect to a
breakthrough device, the Secretary shall ensure
that data or evidence identified--
``(I) does not duplicate data
required to be collected by the Food
and Drug Administration with respect to
such breakthrough device;
``(II) minimizes the administrative
burdens of data collection and
reporting on providers of services,
suppliers, and manufacturers of
breakthrough devices; and
``(III) is not otherwise
unnecessary or redundant.
``(B) Proposal for coverage after the transitional
coverage period.--Not later than 2 years after the date
of the approval or clearance of a breakthrough device
by the Food and Drug Administration, the Secretary
shall develop a proposal for coverage under this title
of such breakthrough device for such indications as the
Secretary determines to be appropriate, based on the
data and evidence collected under subparagraph (A), for
such devices furnished after the transitional coverage
period under paragraph (1) for such device. If the
Secretary does not, on a date that is before the end of
such two-year period, take action to modify the
indications for which coverage of a breakthrough device
may be provided under this title after such period, for
purposes of section 1862(a)(1)(A) coverage under this
title of such breakthrough device shall be made for all
indications for which such device is approved under
section 515 of the Federal Food, Drug, and Cosmetic Act
or cleared under section 510(k) of such Act.
``(3) Rules of construction.--Nothing in this section shall
be construed to--
``(A) affect the ability of the manufacturer of a
breakthrough device to seek approval for pass-through
payment status under section 1833(t)(6) or to seek
approval for an additional payment under section
1886(d)(5)(K) insofar as such breakthrough device does
not qualify for transitional coverage under paragraph
(1);
``(B) affect the application and approval process
for pass-through payment status under section
1833(t)(6) or for an additional payment under section
1886(d)(5)(K) in the case of a medical device that is
not approved by the Food and Drug Administration as a
breakthrough device; or
``(C) prohibit the Secretary from using existing
authority under this title to suspend or terminate
coverage of a breakthrough device if the Secretary,
based on clinical evidence, determines that--
``(i) such breakthrough device offers no
clinical benefit to Medicare beneficiaries; or
``(ii) furnishing such breakthrough device
to Medicare beneficiaries causes, or may cause,
serious harm to Medicare beneficiaries.
``(c) Coding.--
``(1) Prompt assignment.--Not later than three months after
the date of approval or clearance of a breakthrough device by
the Food and Drug Administration, the Secretary shall assign a
unique temporary or permanent code or codes for purposes of
coverage and payment for such breakthrough device under the
applicable payment systems (described in paragraph (4)).
``(2) Updates.--
``(A) IPPS.--The Secretary shall provide for
semiannual updates under the applicable payment system
described in paragraph (4)(A) (relating to the
inpatient hospital prospective payment system) to
recognize the code or codes assigned under paragraph
(1).
``(B) OPPS.--The Secretary shall provide for
quarterly updates under the applicable payment system
described in paragraph (4)(B) (relating to the
outpatient hospital prospective payment system) to
recognize the code or codes assigned under paragraph
(1).
``(C) Other payment systems.--The Secretary shall
provide for semiannual or quarterly updates, as the
case may be, under the applicable payment systems
described in subparagraphs (C) through (L) of paragraph
(4) to recognize the code or codes assigned under
paragraph (1).
``(3) Transparency.--The process for the assignment of a
code or codes under this subsection shall provide for public
notice and a meaningful opportunity for public comment from
affected parties.
``(4) Applicable payment systems described.--For purposes
of this subsection, the term `applicable payment systems'
means--
``(A) with respect to inpatient hospital services,
the prospective payment system for inpatient hospital
services established under section 1886(d);
``(B) with respect to outpatient hospital services,
the prospective payment system for covered OPD services
established under section 1833(t);
``(C) with respect to ambulatory surgical center
services, the fee schedule for such services
established under 1833(i);
``(D) with respect to physicians' services, the
physician fee schedules established under section 1848;
``(E) with respect to covered items of durable
medical equipment, the applicable fee schedules
established under section 1834;
``(F) with respect to diagnostic laboratory tests,
the payment amounts under section 1834A and the fee
schedules establish under section 1848, as the case may
be;
``(G) with respect to inpatient hospital services
furnished by rehabilitation facilities, the prospective
payment system established under section 1886(j);
``(H) with respect to inpatient hospital services
furnished by long-term care hospitals, the prospective
payment system under section 1886(m);
``(I) with respect to inpatient hospital services
furnished by psychiatric hospitals and psychiatric
units, the prospective payment system under section
1886(s);
``(J) with respect to home health services, the
prospective payment system under section 1895; and
``(K) with respect to items and services, or a
provider of services or supplier, not described in
subparagraphs (A) through (I), the payment system
established under this title for such items and
services when furnished by such provider of services or
supplier.
``(d) Payment.--
``(1) Inpatient hospital prospective payment system: deemed
eligibility for breakthrough payment.--The Secretary shall deem
each breakthrough device as approved for an additional payment
under section 1886(d)(5)(K) for the 4-year period that begins--
``(A) except as provided in subparagraph (B), on
the date that the Secretary, pursuant to subsection
(c)(2)(A), updates the payment system under section
1886(d) to recognize the unique temporary or permanent
code or codes assigned under subsection (c)(1) to such
breakthrough device; or
``(B) in the case of a device that has not received
approval or clearance as a breakthrough device by the
Food and Drug Administration before such payment system
is updated under subsection (c)(2)(A) to recognize the
unique temporary or permanent code or codes assigned
under subsection (c)(1) to such device, on the date of
such approval or clearance.
Nothing in this paragraph shall be construed to affect the
authority of the Secretary to use claims data to establish new
diagnosis or procedure codes for breakthrough devices or to
identify appropriate diagnosis-related groups for the
assignment of breakthrough devices under annual rulemaking to
carry out section 1886(d)(5)(K).
``(2) Outpatient prospective payment system: deemed
eligibility for pass-through payment.--The Secretary shall deem
each breakthrough device as approved for pass-through payment
under section 1833(t)(6) (including for purposes of section
1833(i)(2)(D)) during the 4-year period that begins--
``(A) except as provided in subparagraph (B), on
the date that the Secretary, pursuant to subsection
(c)(2)(B), updates the payment system under section
1833(t) to recognize the unique temporary or permanent
code or codes assigned under subsection (c)(1) to such
breakthrough device; or
``(B) in the case of a device that has not received
approval or clearance as a breakthrough device by the
Food and Drug Administration before such payment system
is updated under subsection (c)(2)(B) to recognize the
unique temporary or permanent code or codes assigned
under subsection (c)(1) to such device, on the date of
such approval or clearance.
Nothing in this paragraph shall be construed to affect the
authority of the Secretary to use claims data to establish new
ambulatory payment classification groups for breakthrough
devices or to revise such groups to take into account
breakthrough devices under annual rulemaking to carry out
section 1833(t).
``(3) Other payment systems.--
``(A) In general.--In the case of a breakthrough
device that is furnished and for which payment may be
made under the payment system established under section
1834, 1834A, 1848, 1886(j), 1886(m), 1886(s), or 1895
or any other provision of this title (other than
sections 1833(i), 1833(t), and 1886(d)), the Secretary
shall provide for an additional payment for such
breakthrough device under such applicable payment
system or an adjustment to such applicable payment
system, as the case may be. The payment basis for such
additional payment or adjustment, as the case may be,
shall equal an amount that the Secretary determines
covers the costs of such breakthrough device.
``(B) Cost information.--In determining the costs
of a breakthrough device for purposes of determining an
additional payment or payment adjustment under
subparagraph (A), the Secretary shall use the most
recently available data and information on the costs of
such breakthrough device, which may include list prices
and invoice prices charged for such breakthrough
device.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to affect the authority of
the Secretary to use claims data to establish new or
modify existing ambulatory payment classification
groups, diagnosis-related groups, level II HCPCS codes
or such other groups or codes as the Secretary may
establish under the annual rulemaking authority under
the provisions referred to in subparagraph (A).
``(D) Clinical diagnostic laboratory tests.--An
additional payment or payment adjustment under
subparagraph (A) for a breakthrough device under the
applicable payment system established in section 1834A
may be in the form of an increase to the amount
determined for the breakthrough device using cross-
walking under section 1834A(c)(1)(A), an extension of
the initial period of payment applicable to advance
diagnostic laboratory tests under section
1834A(d)(1)(A), and in such other form or manner as the
Secretary determines reflects the costs for such
breakthrough device under the relevant provisions of
section 1834A.
``(4) Payment for breakthrough devices after the
transitional coverage period.--Payment for a breakthrough
device that is furnished after the conclusion of the
transitional coverage period under subsection (b)(1) for such
device shall be made pursuant to the applicable payment system
involved, taking into account the additional evidence and data
collected under subsection (b)(2).
``(e) Special Rules for Certain Breakthrough Devices.--
``(1) Coverage of specified breakthrough devices.--
``(A) In general.--Subject to the succeeding
provisions of this subsection and notwithstanding any
other provision of law, the Secretary shall provide for
coverage and payment pursuant to this section of a
specified breakthrough device (as defined in
subparagraph (B)).
``(B) Specified breakthrough device defined.--In
this section, the term `specified breakthrough device'
means a breakthrough device with respect to which no
Medicare benefit category exists.
``(2) Period of transitional coverage.--
``(A) In general.--Subject to subparagraph (C), the
provisions of subsection (b)(1) (relating to the
transitional coverage period and payment for
breakthrough devices, including the use of the most
recently available data and information on costs) shall
apply to a specified breakthrough device in the same
manner as such provisions apply to a breakthrough
device. The Secretary may use methodologies under
existing payment systems established under this title,
may provide for appropriate adjustments to such
methodologies, or may establish a new payment
methodology under this title, to provide for payment
for a specified breakthrough device to ensure the
payment basis for such payment covers costs of the
specified breakthrough device are covered by such
payment.
``(B) Report.--
``(i) In general.--With respect to each
specified breakthrough device, the Secretary
shall submit to Congress a report on the
coverage of and payment for such specified
breakthrough device under this section that
includes the following information:
``(I) The manner in which coverage
is provided and payment is made for the
specified breakthrough device,
including how such device was
classified (such as an item of durable
medical equipment or otherwise) and the
payment methodology the Secretary
applied with respect to such device.
``(II) The impact of the
availability of the specified
breakthrough device to Medicare
beneficiaries, including impacts on the
quality of patient care, patient
outcomes, and patient experience.
``(III) The impact of the
availability of the specified
breakthrough device to Medicare
beneficiaries on program expenditures
under this title.
``(IV) Such other information as
the Secretary determines to be
appropriate.
``(ii) Deadline.--
``(I) In general.--Except as
provided in subclause (II), the
Secretary shall submit a report
required under this subparagraph no
later than the end of the transitional
period of coverage and payment
applicable to such specified
breakthrough device.
``(II) Extension to generate
additional data.--If the Secretary
determines that additional data or
evidence is required to complete a
report required under this subparagraph
with respect to a specified
breakthrough device, the deadline under
this clause may be extended for an
additional two years.
``(C) Additional period of transitional coverage to
develop additional data.--Insofar as the Secretary
determines that additional data or evidence is required
to complete a report required under subparagraph (B)
with respect to a specified breakthrough device, the
transitional coverage period of coverage and payment
for such device shall be extended by the lesser of--
``(i) two years; or
``(ii) the amount of additional time
required for the submission of the report with
respect to such device.
``(3) Coverage and payment after the transitional period.--
The Secretary may continue to provide for coverage of and
payment for a specified breakthrough device after the end of
the transitional period of coverage and payment for
breakthrough devices through the national coverage
determination process if the Secretary determines that the
specified breakthrough device--
``(A) improves the quality of care and patient
outcomes;
``(B) improves the delivery of care; or
``(C) reduces spending under this title without
reducing the quality of care.''.
(b) Conforming Amendments.--
(1) Inpatient prospective payment system.--Section
1886(d)(5)(K) of the Social Security Act (42 U.S.C.
1395ww(d)(5)(K)) is amended by adding at the end the following
new clause:
``(x) Effective for discharges occurring on or
after October 1, 2019, in the case of a new medical
service or technology that is a breakthrough device (as
defined in section 1899C(a)), the additional payment
established for such breakthrough device under this
subparagraph shall be made for the 4-year period
applicable to such breakthrough device under section
1899C(d)(1). In determining the amount of the
additional payment for a breakthrough device under this
subparagraph during such 4-year period, the Secretary
shall apply section 412.88(b) of title 42, Code of
Federal Regulations, as in effect on the date of the
enactment of this clause, except as if the reference in
such section to `65 percent' were a reference to `65
percent (or such greater percent specified by the
Secretary)'.''.
(2) Outpatient prospective payment system.--Section
1833(t)(6)(C) of such Act (42 U.S.C. 1395l(t)(6)(C)) is amended
by adding at the end the following new clause:
``(iii) Special rule for breakthrough
devices.--Notwithstanding clause (i) or (ii),
or any other provision of this paragraph to the
contrary, in the case of a breakthrough device
(as defined in section 1899C(a)) that is
furnished on or after January 1, 2020, payment
under this paragraph for such breakthrough
device shall be made for the 4-year period
applicable to such breakthrough device under
section 1899C(d)(2). The provisions of this
clause shall also apply for purposes of
transitional pass-through payment under section
1833(i)(2)(D).''.
(c) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date of the enactment of this Act
and, unless otherwise specified in this section (or in an amendment
made by this section), shall apply to breakthrough devices (as defined
in section 1899C(a) of the Social Security Act, as added by subsection
(a)), approved or cleared on or after July 1, 2019, or, in the case of
a specified breakthrough device (as defined in such section as so
added), approved or cleared on or after December 1, 2018.
<all>
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118HR1692 | Health Care Affordability Act of 2023 | [
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] | <p><strong>Health Care Affordability Act of 2023</strong> </p> <p>This bill revises the tax credit for health care premium assistance to expand the eligibility of low-income taxpayers for such credit and reduce the cost of health care premiums.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1692 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1692
To amend the Internal Revenue Code of 1986 to improve affordability and
reduce premium costs of health insurance for consumers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Ms. Underwood (for herself, Mr. Allred, Ms. Barragan, Ms. Blunt
Rochester, Ms. Clarke of New York, Mr. Cohen, Ms. DeLauro, Ms. Lois
Frankel of Florida, Mr. Garcia of Illinois, Ms. Kuster, Ms. Manning,
Ms. Moore of Wisconsin, Ms. Pelosi, Mr. Pocan, Ms. Porter, Mr. Quigley,
Ms. Scanlon, Mr. Schiff, Ms. Schrier, Ms. Sewell, Mr. Soto, and Mr.
Trone) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to improve affordability and
reduce premium costs of health insurance for consumers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Affordability Act of
2023''.
SEC. 2. IMPROVE AFFORDABILITY AND REDUCE PREMIUM COSTS OF HEALTH
INSURANCE FOR CONSUMERS.
(a) In General.--Section 36B(b)(3)(A)(i) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(i) In general.--Except as provided in
clause (ii), the applicable percentage for any
taxable year shall be the percentage such that
the applicable percentage for any taxpayer
whose household income is within an income tier
specified in the following table shall
increase, on a sliding scale in a linear
manner, from the initial premium percentage to
the final premium percentage specified in such
table for such income tier:
------------------------------------------------------------------------
``In the case of household income
(expressed as a percent of poverty The initial The final
line) within the following income premium premium
tier: percentage is-- percentage is--
------------------------------------------------------------------------
Up to 150.0 percent.................. 0.0 0.0
150.0 percent up to 200.0 percent.... 0.0 2.0
200.0 percent up to 250.0 percent.... 2.0 4.0
250.0 percent up to 300.0 percent.... 4.0 6.0
300.0 percent up to 400.0 percent.... 6.0 8.5
400.0 percent and higher............. 8.5 8.5''.
------------------------------------------------------------------------
(b) Conforming Amendments.--
(1) Section 36B(c)(1)(A) of the Internal Revenue Code of
1986 is amended by striking ``but does not exceed 400
percent''.
(2) Section 36B(b)(3)(A) of such Code is amended by
striking clause (iii).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2022.
<all>
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118HR1693 | REPORT Act of 2023 | [
[
"A000371",
"Rep. Aguilar, Pete [D-CA-33]",
"sponsor"
]
] | <p><strong>Reporting Efficiently to Proper Officials in Response to Terrorism Act of 2023 or the REPORT Act of 2023</strong></p> <p>This bill requires specified federal agencies to report to Congress concerning any act of terrorism that occurs in the United States.</p> <p>Whenever an act of terrorism occurs, the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), and, as appropriate, the National Counterterrorism Center (NCC), must submit to Congress an unclassified report. Such report shall be posted on a publicly available website of the primary government agency.</p> <p>Such report shall (1) include a statement of the facts of the act of terrorism, (2) identify any gaps in homeland or national security to prevent future acts of terrorism, and (3) include any recommendations for additional measures to improve homeland or national security. </p> <p>If the reporting agencies determine that any information required to be reported could jeopardize an ongoing investigation or prosecution, such agencies may withhold such information from reporting and shall notify Congress of that determination.</p> <p>This bill shall terminate five years after its enactment.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1693 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1693
To provide for joint reports by relevant Federal agencies to Congress
regarding incidents of terrorism, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Aguilar introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Homeland Security, and Intelligence (Permanent Select), for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for joint reports by relevant Federal agencies to Congress
regarding incidents of terrorism, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reporting Efficiently to Proper
Officials in Response to Terrorism Act of 2023'' or the``REPORT Act of
2023''.
SEC. 2. DUTY TO REPORT.
(a) In General.--Whenever an act of terrorism occurs in the United
States, the Secretary of Homeland Security, the Attorney General, the
Director of the Federal Bureau of Investigation, and, as appropriate,
the head of the National Counterterrorism Center, shall submit to the
appropriate congressional committees, by not later than one year after
the completion of the investigation concerning such act by the primary
Government agency conducting such investigation, an unclassified report
(which may be accompanied by a classified annex) concerning such act.
Such unclassified report shall be posted on a publicly available
website of such primary Government agency.
(b) Content of Reports.--A report under this section shall--
(1) include a statement of the facts of the act of
terrorism referred to in subsection (a), as known at the time
of the report;
(2) identify any gaps in homeland or national security that
could be addressed to prevent future acts of terrorism; and
(3) include any recommendations for additional measures
that could be taken to improve homeland or national security,
including recommendations relating to potential changes in law
enforcement practices or changes in law, with particular
attention to changes that could help prevent future acts of
terrorism.
(c) Exception.--
(1) In general.--If the Secretary of Homeland Security, the
Attorney General, the Director of the Federal Bureau of
Investigation, or, as appropriate, the head of the National
Counterterrorism Center determines any information described in
subsection (b) required to be reported in accordance with
subsection (a) could jeopardize an ongoing investigation or
prosecution, the Secretary, Attorney General, Director, or
head, as the case may be--
(A) may withhold from reporting such information;
and
(B) shall notify the appropriate congressional
committees of such determination.
(2) Saving provision.--Withholding of information pursuant
to a determination under paragraph (1) shall not affect in any
manner the responsibility to submit a report required under
subsection (a) containing other information described in
subsection (b) not subject to such determination.
(d) Definitions.--In this section:
(1) Act of terrorism.--The term ``act of terrorism'' has
the meaning given such term in section 3077 of title 18, United
States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Committee on Homeland Security;
(ii) the Committee on the Judiciary; and
(iii) the Permanent Select Committee on
Intelligence; and
(B) in the Senate--
(i) the Committee on Homeland Security and
Governmental Affairs;
(ii) the Committee on the Judiciary; and
(iii) the Select Committee on Intelligence.
(e) Sunset.--This section shall terminate on the date that is five
years after the date of the enactment of this Act.
<all>
</pre></body></html>
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118HR1694 | Emergency Care Improvement Act | [
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] | <p><b>Emergency Care Improvement Act</b></p> <p>This bill permanently allows for coverage under Medicare and Medicaid of services that are provided by freestanding emergency centers. The bill takes effect May 11, 2023.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1694 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1694
To amend titles XVIII and XIX of the Social Security Act to provide for
coverage of services furnished by freestanding emergency centers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Arrington (for himself, Mr. Vicente Gonzalez of Texas, Mr. Cloud,
Mr. Burgess, and Mr. Sessions) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend titles XVIII and XIX of the Social Security Act to provide for
coverage of services furnished by freestanding emergency centers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Care Improvement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) To expand provider capacity to respond to the COVID-19
pandemic, in April of 2020 the Centers for Medicare & Medicaid
Services issued a waiver allowing freestanding emergency
centers (FECs) to enroll as Medicare-certified hospitals and
receive Medicare reimbursement for the duration of the COVID-19
public health emergency.
(2) FECs are fully licensed emergency departments that are
staffed by both Emergency Medicine trained physicians and
registered nurses who are on-site 24 hours a day, seven days a
week, and possess licensed pharmacies, clinical laboratories,
and advanced imaging services. FECs are State-licensed, and
adhere to the same standards and provide the same level of care
as Hospital Based Emergency Rooms, including State EMTALA
regulations on treating all patients.
(3) Over 110 FECs, mostly located in Texas, have enrolled
and provided high-quality emergency services for all kinds of
emergency conditions at significant savings to the Medicare
program and to thousands of Medicare beneficiaries.
(4) An actuarial study of Medicare claims data found that
FECs did not increase overall utilization of emergency care
services and saved the Medicare program 21.8 percent in lower
emergency care payments for patients of similar acuity.
SEC. 3. COVERAGE OF FREESTANDING EMERGENCY CENTERS UNDER MEDICARE AND
MEDICAID.
(a) Coverage Under Medicare Part B.--Section 1832(a)(2) of the
Social Security Act (42 U.S.C. 1395k(a)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(K) emergency services (as defined in section
2799A-1(a)(3)(C) of the Public Health Service Act)
provided by a freestanding emergency center (as defined
in section 1861(nnn)).''.
(b) Freestanding Emergency Center Defined.--Section 1861 of the
Social Security Act (42 U.S.C. 1395x) is amended by adding at the end
the following new subsection:
``(nnn) Freestanding Emergency Center.--The term `freestanding
emergency center' means a health care facility that--
``(1) is an independent freestanding emergency department
(as defined in section 2799A-1(a)(3)(D) of the Public Health
Service Act);
``(2) is operational 24 hours a day, 7 days a week, and 365
days a year with a physician (as defined in subsection (r))
onsite and available at all times;
``(3) has in place mechanisms to allow for appropriate
transfers and referrals;
``(4) develops, implements, and maintains an ongoing, data-
driven quality assessment and performance improvement (QAPI)
program;
``(5) is located--
``(A) in a metropolitan statistical area; or
``(B)(i) in the case of a facility established
prior to 2020, in a rural county; or
``(ii) in the case of a facility established on or
after January 1, 2020, in a rural county that does not
have a Medicare-certified hospital or a rural emergency
hospital (as defined in subsection (kkk)(2));
``(6) has established a governing body to determine,
implement, and monitor policies governing the total operation
of the facility, and has oversight and accountability for the
QAPI program, ensuring that facility policies and such QAPI
program are administered so as to provide quality health care
in a safe environment; and
``(7) meets all State requirements applicable to facilities
which furnish emergency medical services to individuals but do
not typically provide for stays in excess of 24 hours, and
meets such other requirements as the Secretary may prescribe
not in excess of the conditions of participation under this
title that are specifically applicable to off campus dedicated
emergency departments of hospitals (as described in section
482.55 of title 42, Code of Federal Regulations (or any
successor regulation)), and not the conditions of participation
under this title that are applicable to hospitals (as defined
in subsection (e)), including rural emergency hospitals (as
defined in subsection (kkk)(2)), other than with respect to
compliance with the requirements described in section 1867;''.
(c) Payment Under Medicare.--Section 1833(t)(21) of the Social
Security Act (42 U.S.C. 1395l(t)(21)) is amended by adding at the end
the following new subparagraph:
``(F) Treatment of freestanding emergency
centers.--The facility payment rate for services of a
freestanding emergency center (as defined in section
1861(nnn)) for higher acuity evaluation or management
level services (as represented by HCPCS codes 99283-
99285, or any successor codes) shall be in an amount
equal to the payment that would otherwise apply to a
hospital outpatient department under this subsection,
including the application of the geographic adjustment
under paragraph (2)(D) and the OPD fee schedule
increase factor under paragraph (3)(C)(iv).''.
(d) Coverage Under Medicaid.--Section 1905(a)(2)(A) of the Social
Security Act (42 U.S.C. 1396d(a)(2)(A)) is amended by inserting ``,
including the services of freestanding emergency centers (as defined in
section 1861(nnn))'' after ``outpatient hospital services''.
(e) Effective Date.--The amendments made by this Act shall apply
with respect to items and services furnished on or after May 11, 2023.
<all>
</pre></body></html>
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118HR1695 | Strengthening Agency Management and Oversight of Software Assets Act | [
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[From the U.S. Government Publishing Office]
[H.R. 1695 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1695
To improve the visibility, accountability, and oversight of agency
software asset management practices, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Cartwright (for himself, Mr. Carson, Mr. Case, Mr. Doggett, Mr.
Fallon, Mr. Fitzpatrick, Ms. Mace, Mr. Meuser, Ms. Norton, Ms. Porter,
and Ms. Tokuda) introduced the following bill; which was referred to
the Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To improve the visibility, accountability, and oversight of agency
software asset management practices, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Agency Management and
Oversight of Software Assets Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Agency.--The term ``agency'' has the meaning given that
term in section 3502 of title 44, United States Code.
(3) Cloud computing.--The term ``cloud computing'' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology, or any
successor document.
(4) Cloud service provider.--The term ``cloud service
provider'' means an entity offering cloud computing products or
services to agencies.
(5) Comprehensive assessment.--The term ``comprehensive
assessment'' means a comprehensive assessment conducted
pursuant to section 3(a).
(6) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(7) Plan.--The term ``plan'' means the plan developed by a
Chief Information Officer, or equivalent official, pursuant to
section 4(a).
(8) Software entitlement.--The term ``software
entitlement'' means any software that--
(A) has been purchased, leased, or licensed by or
billed to an agency under any contract or other
business arrangement; and
(B) is subject to use limitations.
(9) Software inventory.--The term ``software inventory''
means the software inventory of an agency required pursuant
to--
(A) section 2(b)(2)(A) of the Making Electronic
Government Accountable By Yielding Tangible
Efficiencies Act of 2016 (40 U.S.C. 11302 note; Public
Law 114-210); or
(B) subsequent guidance issued by the Director
pursuant to that Act.
SEC. 3. SOFTWARE ENTITLEMENT AND INVENTORY INTEGRITY.
(a) In General.--As soon as practicable, and not later than 1 year
after the date of enactment of this Act, the Chief Information Officer
of each agency, in consultation with the Chief Financial Officer, the
Chief Procurement Officer, and General Counsel of the agency, or the
equivalent officials of the agency, shall complete a comprehensive
assessment of the software entitlements and software inventories of the
agency, which shall include--
(1) the current software inventory of the agency, including
software entitlements, contracts and other agreements or
arrangements of the agency, and a list of the largest software
entitlements of the agency separated by vendor and category of
software;
(2) a comprehensive, detailed accounting of--
(A) any software deployed for the agency as of the
date of the comprehensive assessment, including, to the
extent identifiable, the contracts and other agreements
or arrangements that the agency uses to acquire,
deploy, or use such software;
(B) information and data on software entitlements,
which shall include information on any additional fees
or costs for the use of cloud services that is not
included in the initial costs of the contract,
agreement, or arrangement--
(i) for which the agency pays;
(ii) that are not deployed or in use by the
agency; and
(iii) that are billed to the agency under
any contract or business arrangement that
creates redundancy in the deployment or use by
the agency; and
(C) the extent--
(i) to which any software paid for, in use,
or deployed throughout the agency is
interoperable; and
(ii) of the efforts of the agency to
improve interoperability of software assets
throughout the agency enterprise;
(3) a categorization of software licenses of the agency by
cost, volume, and type of software;
(4) a list of any provisions in the software licenses of
the agency that may restrict how the software can be deployed,
accessed, or used, including any such restrictions on desktop
or server hardware or through a cloud service provider; and
(5) an analysis addressing--
(A) the accuracy and completeness of the software
inventory and software entitlements of the agency
before and after the comprehensive assessment;
(B) management by the agency of and compliance by
the agency with all contracts or other agreements or
arrangements that include or implicate software
licensing or software management within the agency;
(C) the extent to which the agency accurately
captures the total cost of enterprise licenses
agreements and related costs, including the total cost
of upgrades over the life of a contract, cloud usage
cost per user, and any other cost associated with the
maintenance or servicing of contracts; and
(D) compliance with software license management
policies of the agency.
(b) Contract Support.--
(1) Authority.--The head of an agency may enter into 1 or
more contracts to support the requirements of subsection (a).
(2) No conflict of interest.--Contracts under paragraph (1)
shall not include contractors with organization conflicts of
interest.
(3) Operational independence.--Over the course of a
comprehensive assessment, contractors hired pursuant to
paragraph (1) shall maintain operational independence from the
integration, management, and operations of the software
inventory and software entitlements of the agency.
(c) Submission.--On the date on which the Chief Information
Officer, Chief Financial Officer, Chief Procurement Officer, and
General Counsel of an agency, or the equivalent officials of the
agency, complete the comprehensive assessment, and not later than 1
year after the date of enactment of this Act, the Chief Information
Officer shall submit the comprehensive assessment to--
(1) the head of the agency;
(2) the Director;
(3) the Administrator;
(4) the Comptroller General of the United States;
(5) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(6) the Committee on Oversight and Accountability of the
House of Representatives.
(d) Consultation.--In order to ensure the utility and
standardization of the comprehensive assessment of each agency,
including to support the development of each plan and the Government-
wide strategy described in section 5, the Director, in consultation
with the Administrator, may share information, best practices, and
recommendations relating to the activities performed in the course of a
comprehensive assessment of an agency.
SEC. 4. ENTERPRISE LICENSING POSITIONING AT AGENCIES.
(a) In General.--The Chief Information Officer of each agency, in
consultation with the Chief Financial Officer and the Chief Procurement
Officer of the agency, or the equivalent officials of the agency, shall
use the information developed pursuant to the comprehensive assessment
of the agency to develop a plan for the agency--
(1) to consolidate software licenses of the agency; and
(2) to the greatest extent practicable, in order to improve
the performance of, and reduce unnecessary costs to, the
agency, to adopt enterprise license agreements across the
agency, by type or category of software.
(b) Plan Requirements.--The plan of an agency shall--
(1) include a detailed strategy for--
(A) the remediation of any software asset
management deficiencies found during the comprehensive
assessment of the agency;
(B) the ongoing maintenance of software asset
management upon the completion of the remediation; and
(C) maximizing the effectiveness of software
deployed by the agency, including, to the extent
practicable, leveraging technologies that--
(i) provide in-depth analysis of user
behaviors and collect user feedback;
(ii) measure actual software usage via
analytics that can identify inefficiencies to
assist in rationalizing software spending;
(iii) allow for segmentation of the user
base;
(iv) support effective governance and
compliance in the use of software; and
(v) support interoperable capabilities
between software;
(2) identify not fewer than 5 categories of software the
agency will prioritize for conversion to enterprise licenses as
the software entitlements, contracts, and other agreements or
arrangements for those categories come up for renewal or
renegotiation;
(3) provide an estimate of the costs to move to enterprise,
open-source, or other licenses that do not restrict the use of
software by the agency, and the projected cost savings,
efficiency measures, and improvements to agency performance
throughout the total software lifecycle;
(4) identify potential mitigations to minimize software
license restrictions on how such software can be deployed,
accessed, or used, including any mitigations that would
minimize any such restrictions on desktop or server hardware or
through a cloud service provider;
(5) ensure that the purchase by the agency of any
enterprise license or other software is based on publicly
available criteria that are not unduly structured to favor any
specific vendor;
(6) include any estimates for additional resources,
services, or support the agency may need to execute the
enterprise licensing position plan;
(7) provide information on the prevalence of software
products in use across multiple software categories; and
(8) include any additional information, data, or analysis
determined necessary by the Chief Information Officer, or other
equivalent official, of the agency.
(c) Consultation and Coordination.--The Director, in coordination
with the Chief Information Officers Council, the Chief Acquisition
Officers Council, the Administrator, and other government and industry
representatives identified by the Director, may establish processes to
identify, define, and harmonize common definitions, terms and
conditions, and other information and criteria to support agency heads
in developing and implementing the plans required by this section.
(d) Support.--The Chief Information Officer, or other equivalent
official, of an agency may request support from the Director and the
Administrator for any analysis or developmental needs to create the
plan of the agency.
(e) Submission.--Not later than 120 days after the date on which
the Chief Information Officer, or other equivalent official, of an
agency submits the comprehensive assessment pursuant to section 3(c),
the head of the agency shall submit to the Director, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Committee on Oversight and Accountability of the House of
Representatives the plan of the agency.
SEC. 5. GOVERNMENT-WIDE STRATEGY.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Director, in consultation with the Administrator and
the Federal Chief Information Officers Council, shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Accountability of the House of
Representatives a strategy that includes--
(1) proposals to support the adoption of Government-wide
enterprise licenses for software entitlements identified
through the comprehensive assessments and plans, including,
where appropriate, a cost-benefit analysis;
(2) opportunities to leverage Government procurement
policies and practices to increase interoperability of software
entitlements acquired and deployed to reduce costs and improve
performance;
(3) the incorporation of data on spending by agencies on,
the performance of, and management by agencies of software
entitlements as part of the information required under section
11302(c)(3)(B) of title 40, United States Code;
(4) where applicable, directions to agencies to examine
options and relevant criteria for transitioning to open-source
software; and
(5) any other information or data collected or analyzed by
the Director.
(b) Budget Submission.--
(1) First budget.--With respect to the first budget of the
President submitted under section 1105(a) of title 31, United
States Code, on or after the date that is 2 years after the
date of enactment of this Act, the Director shall ensure that
the strategy required under subsection (a) of this section and
the plan of each agency are included in the budget
justification materials of each agency submitted in conjunction
with that budget.
(2) Subsequent 5 budgets.--With respect to the first 5
budgets of the President submitted under section 1105(a) of
title 31, United States Code, after the budget described in
paragraph (1), the Director shall--
(A) designate performance metrics for agencies for
common software licensing, management, and cost
criteria; and
(B) ensure that the progress of each agency toward
the performance metrics is included in the budget
justification materials of the agency submitted in
conjunction with that budget.
SEC. 6. GAO REPORT.
Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives a report on Government-wide trends, comparisons among
agencies, and other analyses of plans and the strategy required under
section 5(a) by the Comptroller General of the United States.
<all>
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118HR1696 | Ocean Shipping Antitrust Enforcement Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1696 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1696
To repeal certain exemptions from antitrust laws, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Costa (for himself, Mr. Garamendi, Mr. Panetta, Mr. Johnson of
South Dakota, and Mr. Harder of California) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committee on Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To repeal certain exemptions from antitrust laws, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean Shipping Antitrust Enforcement
Act of 2023''.
SEC. 2. ASSESSMENT AGREEMENTS.
(a) In General.--Section 40305 of title 46, United States Code, is
amended by adding at the end the following:
``(d) Exemption From Antitrust Laws.--The antitrust laws do not
apply to an assessment agreement that has been filed with the
Commission and is effective under this chapter.''.
(b) Conforming Amendment.--Section 40301(e) of title 46, United
States Code, is amended by striking ``sections 40305 and 40307(a)'' and
inserting ``section 40305''.
SEC. 3. REPEAL.
Section 40307 of title 46, United States Code, and the item
relating to that section in the analysis for chapter 403 of such title,
are repealed.
SEC. 4. WRITTEN VIEWS ON MERGERS AND ACQUISITIONS.
(a) In General.--Chapter 413 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 41311. Written views on mergers and acquisitions
``(a) In General.--Commissioners of the Federal Maritime Commission
may analyze and submit written views on merger, acquisition, or other
transactions of common carriers and marine terminal operators, under
the antitrust laws, to the Assistant Attorney General for Antitrust.
``(b) Report.--If the Commissioners transmit a written view to the
Assistant Attorney General for Antitrust under subsection (a), the
Commissioners shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee n Transportation and
Infrastructure of the House of Representatives a copy of such views
accompanied by a report analyzing the following:
``(1) Whether each common carrier pertaining to such
transaction is a controlled carrier.
``(2) The impact of the proposed merger, acquisition, or
other transaction on competition within the ocean shipping
industry.
``(3) The impact of the proposed merger, acquisition, or
other transaction on the trade position of the United States in
the international ocean shipping market, including any trade
imbalance resulting from the business practices of ocean common
carriers.
``(4) Any other matter the Commissioners consider to be of
interest to Congress or the public.''.
(b) Clerical Amendment.--The analysis for chapter 413 of title 46,
United States Code, is amended by adding at the end the following:
``41311. Written views on mergers and acquisitions.''.
<all>
</pre></body></html>
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118HR1697 | Promoting Precision Agriculture Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1697 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1697
To enhance the participation of precision agriculture in the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Davis of North Carolina (for himself and Mr. Mann) introduced the
following bill; which was referred to the Committee on Agriculture
_______________________________________________________________________
A BILL
To enhance the participation of precision agriculture in the United
States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Precision Agriculture Act
of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced wireless communications technology.--The term
``advanced wireless communications technology'' means advanced
technology that contributes to mobile (5G or beyond) networks,
next-generation Wi-Fi networks, or other future networks using
other technologies, regardless of whether the network is
operating on an exclusive licensed, shared licensed, or
unlicensed frequency band.
(2) 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 (Public Law 115-232; 10 U.S.C. note prec.
4061).
(3) Foreign adversary.--The term ``foreign adversary''
means any foreign government or foreign nongovernment person
engaged in a long-term pattern or serious instances of conduct
significantly adverse to the national security of the United
States, or security and safety of United States persons.
(4) Precision agriculture.--The term ``precision
agriculture'' means managing, tracking, or reducing crop or
livestock production inputs, including seed, feed, fertilizer,
chemicals, water, time, and such other inputs as the Secretary
determines to be appropriate, at a heightened level of spatial
and temporal granularity to improve efficiencies, reduce waste,
and maintain environmental quality.
(5) Precision agriculture equipment.--The term ``precision
agriculture equipment'' means any equipment or technology that
directly contributes to a reduction in, or improved efficiency
of, inputs used in crop or livestock production, including--
(A) global positioning system-based or geospatial
mapping;
(B) satellite or aerial imagery;
(C) yield monitors;
(D) soil mapping;
(E) sensors for gathering data on crop, soil, and
livestock conditions;
(F) Internet of Things and technology that relies
on edge and cloud computing;
(G) data management software and advanced
analytics;
(H) network connectivity products and solutions,
including public and private wireless networks;
(I) global positioning system guidance, auto-steer
systems, autonomous fleeting, and other machine-to-
machine operations;
(J) variable rate technology for applying inputs,
such as section control; and
(K) any other technology that leads to a reduction
in, or improves efficiency of, crop and livestock
production inputs, which may include--
(i) seed;
(ii) feed;
(iii) fertilizer;
(iv) chemicals;
(v) water;
(vi) time;
(vii) fuel; and
(viii) such other inputs as the Secretary
determines to be appropriate.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(7) Trusted.--The term ``trusted'' means, with respect to a
provider of advanced communications service or a supplier of
communications equipment or service, that the Secretary has
determined that the provider or supplier is not owned by,
controlled by, or subject to the influence of, a foreign
adversary.
(8) Voluntary consensus standards development
organization.--The term ``voluntary consensus standards
development organization'' means an organization that develops
standards in a process that meets the principles for the
development of voluntary consensus standards (as defined in the
document of the Office of Management and Budget entitled
``Federal Participation in the Development and Use of Voluntary
Consensus Standards and in Conformity Assessment Activities''
(OMB Circular A-119)).
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to enhance the participation of precision agriculture
in the United States; and
(2) to promote United States leadership in voluntary
consensus standards development organizations that set
standards for precision agriculture.
SEC. 4. INTERCONNECTIVITY STANDARDS FOR PRECISION AGRICULTURE.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary, in consultation with the Director of the
National Institute of Standards and Technology and the Federal
Communications Commission, shall--
(1) develop voluntary, consensus-based, private sector-led
interconnectivity standards, guidelines, and best practices for
precision agriculture that will promote economies of scale and
ease the burden of the adoption of precision agriculture; and
(2) in carrying out paragraph (1)--
(A) coordinate with relevant public and trusted
private sector stakeholders and other relevant industry
organizations, including voluntary consensus standards
development organizations; and
(B) consult with sector-specific agencies, other
appropriate agencies, and State and local governments.
(b) Considerations.--The Secretary, in carrying out subsection (a),
shall, in consultation with the Federal Communications Commission and
the Director of the National Institute of Standards and Technology,
consider--
(1) the evolving demands of precision agriculture;
(2) the connectivity needs of precision agriculture
equipment;
(3) the cybersecurity challenges facing precision
agriculture, including cybersecurity threats for agriculture
producers and agriculture supply chains;
(4) the impact of advanced wireless communications
technology on precision agriculture; and
(5) the impact of artificial intelligence on precision
agriculture.
SEC. 5. GAO ASSESSMENT OF PRECISION AGRICULTURE STANDARDS.
(a) Study.--Not later than 1 year after the Secretary develops
standards under section 4, and every 2 years thereafter for the
following 8 years, the Comptroller General of the United States shall
conduct a study that assesses those standards, including the extent to
which those standards, as applicable--
(1) are voluntary;
(2) were developed in coordination with relevant industry
organizations, including voluntary consensus standards
development organizations; and
(3) have successfully encouraged the adoption of precision
agriculture.
(b) Report.--The Comptroller General of the United States shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Science, Space, and Technology of the House of
Representatives, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that summarizes the findings of each
study conducted under subsection (a).
<all>
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1698 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1698
To amend the Immigration and Nationality Act to promote family unity,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Ms. Escobar (for herself, Ms. Salazar, Mr. Raskin, Ms. Tlaib, Ms.
Williams of Georgia, Ms. Norton, Ms. Jacobs, Ms. Barragan, Mr. Correa,
Ms. Scanlon, Mr. Allred, Ms. Jayapal, Mr. Doggett, Ms. Ross, Mr.
Neguse, Ms. Velazquez, and Ms. Omar) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to promote family unity,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Families United Act''.
SEC. 2. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to provide the Secretary of Homeland Security or the
Attorney General with the ability to exercise the discretionary
authority provided in this Act, or by an amendment made by this
Act, except on a case-by-case basis; or
(2) to otherwise modify or limit the discretionary
authority of the Secretary of Homeland Security or the Attorney
General under the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
SEC. 3. DISCRETIONARY AUTHORITY WITH RESPECT TO FAMILY MEMBERS OF
UNITED STATES CITIZENS.
(a) Applications for Relief From Removal.--Section 240(c)(4) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by
adding at the end the following:
``(D) Judicial discretion.--
``(i) In general.--In the case of an alien
who is the spouse or child of a citizen of the
United States, the Attorney General may subject
to clause (ii)--
``(I) terminate any removal
proceedings against the alien;
``(II) decline to order the alien
removed from the United States;
``(III) grant the alien permission
to reapply for admission to the United
States; or
``(IV) subject to clause (iii),
waive the application of one or more
grounds of inadmissibility or
deportability in connection with any
request for relief from removal.
``(ii) Limitation on discretion.--
``(I) In general.--The Attorney
General may exercise the discretion
described in clause (i) if the Attorney
General determines that removal of the
alien or the denial of a request for
relief from removal would result in
hardship to the alien's United States
citizen spouse, parent, or child. There
shall be a presumption that family
separation constitutes hardship.
``(II) Widow and surviving child of
deceased united states citizen.--In the
case of the death of a citizen of the
United States, the Attorney General may
exercise discretion described in clause
(i) with respect to an alien who was a
child of such citizen, or was the
spouse of such citizen and was not
legally separated from such citizen on
the date of the citizen's death, if--
``(aa) the Attorney General
determines that removal of the
child or spouse or the denial
of a requested benefit would
result in hardship to the child
or spouse; and
``(bb) the child or spouse
seeks relief requiring such
discretion not later than two
years after the date of the
citizen's death or demonstrates
to the satisfaction of the
Attorney General the existence
of extraordinary circumstances
that prevented the spouse or
child from seeking relief
within such period.
``(iii) Exclusions.--This subparagraph
shall not apply to an alien whom the Attorney
General determines--
``(I) is inadmissible under--
``(aa) paragraph (2) or (3)
of section 212(a); or
``(bb) subparagraph (A),
(C), or (D) of section
212(a)(10); or
``(II) is deportable under
paragraph (2), (4), or (6) of section
237(a).''.
(b) Secretary's Discretion.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended--
(1) by redesignating the second subsection (t) as
subsection (u); and
(2) by adding at the end the following:
``(u) Secretary's Discretion.--
``(1) In general.--In the case of an alien who is the
spouse or child of a citizen of the United States, the
Secretary of Homeland Security may, subject to paragraph (2)--
``(A) waive the application of one or more grounds
of inadmissibility or deportability in connection with
an application for an immigration benefit or request
for relief from removal;
``(B) decline to issue a notice to appear or other
charging document requiring such an alien to appear for
removal proceedings;
``(C) decline to reinstate an order of removal
under section 241(a)(5); or
``(D) grant such alien permission to reapply for
admission to the United States or any other application
for an immigration benefit.
``(2) Limitation on discretion.--
``(A) In general.--The Secretary of Homeland
Security may exercise discretion described in paragraph
(1) if the Secretary determines that removal of the
alien or the denial of a requested benefit would result
in hardship to the alien's United States citizen
spouse, parent, or child. There shall be a presumption
that family separation constitutes hardship.
``(B) Widow and orphan of deceased united states
citizen.--In the case of the death of a citizen of the
United States, the Secretary of Homeland Security may
exercise discretion described in paragraph (1) with
respect to an alien who was a child of such citizen, or
was the spouse of such citizen and was not legally
separated from such citizen on the date of the
citizen's death, if--
``(i) the Secretary determines that the
denial of a requested benefit would result in
hardship to the child or spouse; and
``(ii) the child or spouse seeks relief
requiring such discretion not later than two
years after the date of the citizen's death or
demonstrates to the satisfaction of the
Secretary the existence of extraordinary
circumstances that prevented the spouse or
child from seeking relief within such period.
``(3) Exclusions.--This subsection shall not apply to an
alien whom the Secretary determines--
``(A) is inadmissible under--
``(i) paragraph (2) or (3) of subsections
(a); or
``(ii) subparagraphs (A), (C), or (D) of
subsection (a)(10); or
``(B) is deportable under paragraphs (2), (4), or
(6) of section 237(a).''.
SEC. 4. MOTIONS TO REOPEN OR RECONSIDER.
(a) In General.--A motion to reopen or reconsider the denial of a
petition or application or an order of removal for an alien may be
granted if such petition, application, or order would have been
adjudicated in favor of the alien had this Act, or an amendment made by
this Act, been in effect at the time of such denial or order.
(b) Filing Requirement.--A motion under subsection (a) shall be
filed no later than the date that is 2 years after the date of the
enactment of this Act, unless the alien demonstrates to the
satisfaction of the Secretary of Homeland Security or Attorney General,
as appropriate, the existence of extraordinary circumstances that
prevented the alien from filing within such period.
<all>
</pre></body></html>
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] | <p><b>Office of Gun Violence Prevention Act of 2023</b></p> <p>This bill establishes an Office of Gun Violence Prevention within the Department of Justice's Office of Legal Policy. </p> <p>Among its duties, the office must coordinate various gun violence prevention efforts that are administered by the Department of Justice, recommend policy options to promote evidence-based gun violence prevention strategies, and promote related data collection. </p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1699 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1699
To establish the Office of Gun Violence Prevention, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Frost introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish the Office of Gun Violence Prevention, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Gun Violence Prevention
Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory council.--The term ``Advisory Council'' means
the advisory council established under section 3(c)(1).
(2) Director.--The term ``Director'' means the Director of
the Office.
(3) Gun violence.--The term ``gun violence'' includes
homicide, violent crime, domestic violence, attempted suicide,
suicide, and unintentional death or injury involving a firearm.
(4) Office.--The term ``Office'' means the Office of Gun
Violence Prevention established under section 3(a).
SEC. 3. OFFICE OF GUN VIOLENCE PREVENTION.
(a) Establishment.--
(1) In general.--The Attorney General shall establish
within the Office of Legal Policy of the Department of Justice
the Office of Gun Violence Prevention.
(2) Director.--The Attorney General shall appoint a
Director to be the head of the Office.
(b) Duties.--
(1) In general.--The Director, in consultation with the
Advisory Council, shall coordinate, integrate, and maximize the
efficacy of each responsibility, program, and service relating
to gun violence prevention administered by the Attorney General
to maximize an integrated approach to reducing gun violence and
serving victims of gun violence, including--
(A) the responsibilities of the heads of the
Criminal and Civil Divisions of the Department of
Justice, the Director of the Office of Community
Oriented Policing Services, each United States
Attorney, Director of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, the Director of the Office on
Violence Against Women, the Director of the Office of
Victims of Crime, and the Director of the Office of
Justice Programs; and
(B) the administration of the national instant
criminal background check system established under
section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901).
(2) Evaluation.--The Director, in consultation with the
Advisory Council, shall evaluate laws, regulations, Federal
programs, offices, data sources, and grant programs relating to
gun violence prevention administered by the Attorney General to
assess how each such law, regulation, Federal program, office,
data source, and grant program can be maximized, modernized,
and coordinated to reduce gun violence.
(3) Policy recommendations.--The Director shall recommend
to Congress and the President legislative and executive policy
options to promote evidence-based gun violence prevention
strategies, including the implementation of existing laws,
regulations, and grant programs.
(4) Data.--The Director, in consultation with the Advisory
Council, shall--
(A) identify gaps in available data needed for gun
violence prevention research, policy development, and
the implementation of evidence-based gun violence
prevention strategies; and
(B) develop a plan to collect and analyze the data
described in subparagraph (A).
(5) Assessment.--The Director, in consultation with the
Advisory Council, shall assess ongoing research efforts of the
Department of Justice relating to gun violence to establish a
comprehensive research agenda on the causes and solutions of
gun violence.
(6) Education.--The Director, in consultation with the
Advisory Council, shall educate the general public about
Federal laws, regulations, and grant programs relating to gun
violence prevention, including by conducting education and
awareness campaigns--
(A) directed at--
(i) owners of firearms;
(ii) parents and legal guardians of minors;
and
(iii) professionals who provide services to
individuals and communities disproportionately
impacted by gun violence; and
(B) that include education relating to the secure
storage or firearms and suicide prevention.
(7) Coordination.--In carrying out the duties under this
subsection, the Director shall coordinate with Federal agencies
and commissions that have jurisdiction over gun violence
prevention, including--
(A) the Department of Health and Human Services;
(B) the Department of Veterans Affairs;
(C) the Department of Education;
(D) the Department of Housing and Urban
Development;
(E) the Department of Commerce;
(F) the Department of Homeland Security;
(G) the Department of Defense;
(H) the Department of the Interior;
(I) the Consumer Product Safety Commission;
(J) the Federal Trade Commission; and
(K) the United States Sentencing Commission.
(8) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
shall submit to Congress a report that includes--
(A) information on the state of gun violence in the
United States;
(B) recommendations for policy initiatives and
legislation to reduce gun violence in the United
States; and
(C) a description of the efforts of the Director to
carry out the duties under this subsection.
(c) Advisory Council.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and not less frequently than quarterly
thereafter, the Attorney General shall convene an advisory
council--
(A) chaired by the Director; and
(B) the membership of which includes the following
individuals or a designee of the individual:
(i) The Deputy Attorney General.
(ii) The Associate Attorney General.
(iii) The Assistant Attorney General for
the Office of Legal Policy.
(iv) The Assistant Attorney General for the
Office of Justice Programs.
(v) The Assistant Attorney General for the
Criminal Division.
(vi) The Director of the Bureau of Alcohol,
Tobacco, Firearms and Explosives.
(vii) The Director of the Federal Bureau of
Investigation.
(viii) The Director of the Bureau of
Justice Assistance.
(ix) The Director of the Office on Violence
Against Women.
(x) The Director of the Office of Victims
of Crime.
(xi) The Director of the Bureau of Justice
Statistics.
(xii) The Director of the National
Institute of Justice.
(2) Additional members.--
(A) In general.--The Director shall make every
reasonable effort to include as members of the Advisory
Council not fewer than 12 additional individuals.
(B) Representatives.--The additional members
described in subparagraph (A) shall include not fewer
than 1--
(i) survivor of gun violence;
(ii) community violence intervention
service provider;
(iii) public health official;
(iv) medical professional who provides
trauma care;
(v) mental health clinician;
(vi) official from a department of justice
of a State;
(vii) State or local public health
department official;
(viii) teacher;
(ix) member of a student group; and
(x) veteran.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
<all>
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118HR17 | Paycheck Fairness Act | [
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] | <p><b>Paycheck Fairness Act</b></p> <p>This bill addresses wage discrimination on the basis of sex, which is defined to include pregnancy, sexual orientation, gender identity, and sex characteristics.</p> <p>Specifically, it limits an employer's defense that a pay differential is based on a factor other than sex to only bona fide job-related factors in wage discrimination claims, enhances nonretaliation prohibitions, and makes it unlawful to require an employee to sign a contract or waiver prohibiting the employee from disclosing information about the employee's wages. The bill also increases civil penalties for violations of equal pay provisions. </p> <p>Additionally, the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs must train EEOC employees and other affected parties on wage discrimination. <p>The bill directs the Department of Labor to (1) establish and carry out a grant program to provide training in negotiation skills related to compensation and equitable working conditions, (2) conduct studies to eliminate pay disparities between men and women, and (3) make available information on wage discrimination to assist the public in understanding and addressing such discrimination. <p>The bill establishes the National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. It also establishes the National Equal Pay Enforcement Task Force to address compliance, public education, and enforcement of equal pay laws. <p>Finally, the bill requires the EEOC to issue regulations for collecting from employers compensation and other employment data according to the sex, race, and national origin of employees for use in enforcing laws prohibiting pay discrimination. <p> <p> <p> <p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 17 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 17
To amend the Fair Labor Standards Act of 1938 to provide more effective
remedies to victims of discrimination in the payment of wages on the
basis of sex, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 10, 2023
Ms. DeLauro (for herself, Mr. Jeffries, Mr. Aguilar, Ms. Clark of
Massachusetts, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mr. Scott of
Virginia, Ms. Spanberger, Ms. Adams, Ms. Salinas, Ms. Craig, Ms.
Kuster, Ms. Eshoo, Ms. Pressley, Ms. Lee of California, Ms. Balint, Ms.
McCollum, Mrs. Watson Coleman, Ms. Pettersen, Ms. Pingree, Ms.
Houlahan, Ms. Bush, Mrs. Dingell, Ms. Wasserman Schultz, Ms. Ross, Ms.
DeGette, Ms. Titus, Ms. Matsui, Ms. Norton, Ms. Slotkin, Ms. Wilson of
Florida, Ms. Meng, Mrs. Napolitano, Ms. Moore of Wisconsin, Ms.
Stevens, Ms. Scholten, Ms. Omar, Mrs. Hayes, Ms. Schakowsky, Ms.
Crockett, Ms. Wexton, Ms. Tokuda, Mrs. Beatty, Ms. Chu, Ms. Brownley,
Ms. Castor of Florida, Ms. Manning, Ms. Porter, Ms. Schrier, Ms.
Underwood, Ms. Sanchez, Ms. Blunt Rochester, Mrs. Fletcher, Ms. Lois
Frankel of Florida, Mrs. Trahan, Mrs. McBath, Ms. Dean of Pennsylvania,
Ms. Kaptur, Ms. Perez, Ms. Strickland, Ms. Scanlon, Ms. Waters, Ms.
Stansbury, Ms. Sherrill, Ms. Barragan, Ms. Williams of Georgia, Ms.
Budzinski, Mrs. Torres of California, Ms. Velazquez, Ms. Jayapal, Ms.
Tlaib, Ms. Kelly of Illinois, Ms. Jacobs, Ms. Davids of Kansas, Mrs.
Cherfilus-McCormick, Ms. Jackson Lee, Ms. Brown, Ms. Plaskett, Ms. Lee
of Pennsylvania, Ms. Wild, Mrs. Lee of Nevada, Ms. DelBene, Ms.
Bonamici, Ms. Kamlager-Dove, Ms. Garcia of Texas, Ms. Leger Fernandez,
Ms. Sewell, Ms. Hoyle of Oregon, Mrs. Foushee, Ms. Escobar, Ms.
Caraveo, Ms. Clarke of New York, Ms. Lofgren, Mr. Schiff, Mr. Smith of
Washington, Mr. Espaillat, Mr. Green of Texas, Mr. Bera, Mr. Carson,
Mr. Kim of New Jersey, Mr. Thompson of Mississippi, Mr. Foster, Mr.
Pascrell, Mr. Schneider, Mr. Sherman, Mr. Boyle of Pennsylvania, Mr.
Higgins of New York, Mr. Ruppersberger, Mr. Deluzio, Mr. Allred, Mr.
Kildee, Mr. Davis of Illinois, Mr. Soto, Mr. Cicilline, Mr. David Scott
of Georgia, Mr. Trone, Mr. Phillips, Mr. Kilmer, Mr. Davis of North
Carolina, Mr. Payne, Mr. Norcross, Mr. Beyer, Mr. Evans, Mr.
Blumenauer, Mr. Cleaver, Mr. Sorensen, Mr. Swalwell, Mr. Mrvan, Mr.
Pallone, Mr. Connolly, Mr. Ivey, Mr. Casar, Mr. Stanton, Mr. Sablan,
Mr. Meeks, Mr. Johnson of Georgia, Mr. Cuellar, Mr. Auchincloss, Mr.
Bowman, Mr. McGovern, Mr. Raskin, Mr. Golden of Maine, Mr. Huffman, Mr.
Moskowitz, Mr. Crow, Mr. Nadler, Mr. Garcia of Illinois, Mr. Costa, Mr.
Himes, Mr. Gomez, Mr. Panetta, Mr. Castro of Texas, Mr. Courtney, Mr.
Neguse, Mr. Larson of Connecticut, Mr. Garamendi, Mr. Sarbanes, Mr.
Jackson of Illinois, Mr. Morelle, Mr. Gottheimer, Mr. Harder of
California, Mr. Vargas, Mrs. Sykes, Mr. Mullin, Mr. Mfume, Mr. Doggett,
Mr. Veasey, Mr. DeSaulnier, Mr. Pocan, Mr. Takano, Mr. Cartwright, Mr.
Frost, Mr. Levin, Mr. Quigley, Mr. Thompson of California, Mr.
McGarvey, Mr. Ryan, Mr. Tonko, Mr. Krishnamoorthi, Mr. Grijalva, Mr.
Ruiz, Mr. Neal, Mr. Larsen of Washington, Mr. Torres of New York, Mr.
Khanna, Mr. Menendez, Mr. Robert Garcia of California, Mr. Gallego, Mr.
Carbajal, Mr. Bishop of Georgia, Mr. Peters, Mr. Casten, Mr. Moulton,
Mr. Lynch, Mr. Cohen, Mr. Horsford, Mr. Lieu, Mr. Cardenas, Mr. Carter
of Louisiana, Mr. Vicente Gonzalez of Texas, Mr. Nickel, Mr. Keating,
Mr. Thanedar, Mr. Fitzpatrick, Mrs. McClellan, and Mr. Correa)
introduced the following bill; which was referred to the Committee on
Education and the Workforce, and in addition to the Committee on
Oversight and Accountability, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to provide more effective
remedies to victims of discrimination in the payment of wages on the
basis of sex, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paycheck Fairness Act''.
SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.
(a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203) is amended by adding at the end the following:
``(z) `Sex' includes--
``(1) pregnancy, childbirth, or a related medical
condition;
``(2) sexual orientation or gender identity; and
``(3) sex characteristics, including intersex traits.
``(aa) `Sexual orientation' includes homosexuality,
heterosexuality, and bisexuality.
``(bb) `Gender identity' means the gender-related identity,
appearance, mannerisms, or other gender-related characteristics of an
individual, regardless of the individual's designated sex at birth.''.
(b) Bona Fide Factor Defense and Modification of Same Establishment
Requirement.--Section 6(d)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(d)(1)) is amended--
(1) by striking ``No employer having'' and inserting ``(A)
No employer having'';
(2) by striking ``the opposite'' and inserting ``another'';
(3) by striking ``any other factor other than sex'' and
inserting ``a bona fide factor other than sex, such as
education, training, or experience''; and
(4) by inserting at the end the following:
``(B) The bona fide factor defense described in subparagraph
(A)(iv) shall apply only if the employer demonstrates that such factor
(i) is not based upon or derived from a sex-based differential in
compensation; (ii) is job-related with respect to the position in
question; (iii) is consistent with business necessity; and (iv)
accounts for the entire differential in compensation at issue. Such
defense shall not apply where the employee demonstrates that an
alternative employment practice exists that would serve the same
business purpose without producing such differential and that the
employer has refused to adopt such alternative practice.
``(C) For purposes of subparagraph (A), employees shall be deemed
to work in the same establishment if the employees work for the same
employer at workplaces located in the same county or similar political
subdivision of a State. The preceding sentence shall not be construed
as limiting broader applications of the term `establishment' consistent
with rules prescribed or guidance issued by the Equal Employment
Opportunity Commission.''.
(c) Nonretaliation Provision.--Section 15 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``employee has
filed'' and all that follows and inserting ``employee--
``(A) has made a charge or filed any complaint or
instituted or caused to be instituted any
investigation, proceeding, hearing, or action under or
related to this Act, including an investigation
conducted by the employer, or has testified or is
planning to testify or has assisted or participated in
any manner in any such investigation, proceeding,
hearing or action, or has served or is planning to
serve on an industry committee;
``(B) has opposed any practice made unlawful by
this Act; or
``(C) has inquired about, discussed, or disclosed
the wages of the employee or another employee (such as
by inquiring or discussing with the employer why the
wages of the employee are set at a certain rate or
salary);'';
(B) in paragraph (5), by striking ``and'' at the
end;
(C) in paragraph (6), by striking the period at the
end and inserting ``; or''; and
(D) by adding at the end the following:
``(7) to require an employee to sign a contract or waiver
that would prohibit the employee from disclosing information
about the employee's wages.''; and
(2) by adding at the end the following:
``(c) Subsection (a)(3)(C) shall not apply to instances in which an
employee who has access to the wage information of other employees as a
part of such employee's essential job functions discloses the wages of
such other employees to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a complaint
or charge or in furtherance of an investigation, proceeding, hearing,
or action under section 6(d), including an investigation conducted by
the employer. Nothing in this subsection shall be construed to limit
the rights of an employee provided under any other provision of law.''.
(d) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(b)) is amended--
(1) by inserting after the first sentence the following:
``Any employer who violates section 6(d), or who violates the
provisions of section 15(a)(3) in relation to section 6(d),
shall additionally be liable for such compensatory damages, or,
where the employee demonstrates that the employer acted with
malice or reckless indifference, punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages.'';
(2) in the sentence beginning ``An action to'', by striking
``the preceding sentences'' and inserting ``any of the
preceding sentences of this subsection'';
(3) in the sentence beginning ``No employees shall'', by
striking ``No employees'' and inserting ``Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after the sentence referred to in
paragraph (3), the following: ``Notwithstanding any other
provision of Federal law, any action brought to enforce section
6(d) may be maintained as a class action as provided by the
Federal Rules of Civil Procedure.''; and
(5) in the sentence beginning ``The court in''--
(A) by striking ``in such action'' and inserting
``in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
``, including expert fees''.
(e) Action by the Secretary.--Section 16(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 216(c)) is amended--
(1) in the first sentence--
(A) by inserting ``or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages, as described in subsection (b),'' before ``and
the agreement''; and
(B) by inserting before the period the following:
``, or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ``and, in the case of a violation of section
6(d), additional compensatory or punitive damages, as described
in subsection (b)''; and
(3) in the third sentence, by striking ``the first
sentence'' and inserting ``the first or second sentence''.
(f) Enforcement Authority.--
(1) In general.--The Equal Opportunity Employment
Commission shall carry out the functions and authorities
described in section 1 of Reorganization Plan No. 1 of 1978 (92
Stat. 3781; 5 U.S.C. App.) to enforce and administer the
provisions of section 6(d) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(d)), except that the Secretary of Labor,
through the Office of Federal Contract Compliance Programs, may
also enforce this provision with respect to Federal
contractors, Federal subcontractors, and federally assisted
construction contractors, within the jurisdiction of the Office
of Federal Contract Compliance Programs under Executive Order
No. 11246 (42 U.S.C. 2000e note; relating to equal employment
opportunity) or a successor Executive order.
(2) Coordination.--The Equal Opportunity Employment
Commission shall issue such regulations as may be necessary to
explain and implement the standards of such section 6(d). The
Secretary of Labor may issue regulations to govern procedures
for enforcement of section 6(d) by the Office of Federal
Contract Compliance Programs. The Secretary of Labor and the
Equal Employment Opportunity Commission shall establish other
coordinating mechanisms as may be necessary.
SEC. 3. TRAINING.
The Equal Employment Opportunity Commission and the Secretary of
Labor, acting through the Office of Federal Contract Compliance
Programs, subject to the availability of funds appropriated under
section 11, shall provide training to employees of the Commission and
the Office of Federal Contract Compliance Programs and to affected
individuals and entities on matters involving discrimination in the
payment of wages.
SEC. 4. NEGOTIATION SKILLS TRAINING.
(a) Negotiation Bias Training.--
(1) In general.--The Secretary of Labor shall establish a
program to award contracts and grants for the purpose of
training employers about the role that salary negotiation and
other inconsistent wage setting practices can have on allowing
bias to enter compensation.
(2) Training topics.--Each training program established
using funds under section (a) shall include an overview of how
structural issues may cause inequitable earning and advancement
opportunities for women and people of color and assist
employers in examining the impact of a range of practices on
such opportunities, including--
(A) self-auditing to identify structural issues
that allow bias and inequity to enter compensation;
(B) recruitment of candidates to ensure diverse
pools of applicants;
(C) salary negotiations that result in similarly
qualified workers entering at different rates of pay;
(D) internal equity among workers with similar
skills, effort, responsibility and working conditions;
(E) consistent use of market rates and incentives
driven by industry competitiveness;
(F) evaluation of the rate of employee progress and
advancement to higher paid positions;
(G) work assignments that result in greater
opportunity for advancement;
(H) training, development and promotion
opportunities;
(I) impact of mid-level or senior level hiring in
comparison to wage rates of incumbent workers;
(J) opportunities to win commissions and bonuses;
(K) performance reviews and raises;
(L) processes for adjusting pay to address
inconsistency and inequity in compensation; and
(M) other topics that research identifies as a
common area for assumptions, bias and inequity to
impact compensation.
(b) Program Authorized.--
(1) In general.--The Secretary of Labor, after consultation
with the Secretary of Education, is authorized to establish and
carry out a grant program.
(2) Grants.--In carrying out the program, the Secretary of
Labor may make grants on a competitive basis to eligible
entities to carry out negotiation skills training programs for
the purposes of addressing pay disparities, including through
outreach to women and girls.
(3) Eligible entities.--To be eligible to receive a grant
under this subsection, an entity shall be a public agency, such
as a State, a local government in a metropolitan statistical
area (as defined by the Office of Management and Budget), a
State educational agency, or a local educational agency, a
private nonprofit organization, or a community-based
organization.
(4) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit an application to the
Secretary of Labor at such time, in such manner, and containing
such information as the Secretary of Labor may require.
(5) Use of funds.--An entity that receives a grant under
this subsection shall use the funds made available through the
grant to carry out an effective negotiation skills training
program for the purposes described in paragraph (2).
(c) Incorporating Training Into Existing Programs.--The Secretary
of Labor and the Secretary of Education shall issue regulations or
policy guidance that provides for integrating the negotiation skills
training, to the extent practicable, into programs authorized under--
(1) in the case of the Secretary of Education, the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), and other programs carried
out by the Department of Education that the Secretary of
Education determines to be appropriate; and
(2) in the case of the Secretary of Labor, the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and
other programs carried out by the Department of Labor that the
Secretary of Labor determines to be appropriate.
(d) Report.--Not later than 18 months after the date of enactment
of this Act, and annually thereafter, the Secretary of Labor, in
consultation with the Secretary of Education, shall prepare and submit
to Congress a report describing the activities conducted under this
section and evaluating the effectiveness of such activities in
achieving the purposes of this section.
SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, and periodically thereafter, the Secretary of
Labor shall conduct studies and provide information to employers, labor
organizations, and the general public concerning the means available to
eliminate pay disparities between men and women (including women who
are Asian American, Black or African American, Hispanic American or
Latino, Native American or Alaska Native, Native Hawaiian or Pacific
Islander, and White American), including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities, with specific attention paid to women and girls
from historically underrepresented and minority groups;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials, relating to
eliminating the pay disparities;
(3) sponsoring and assisting State, local, and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities; and
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities.
(b) Research on Gender Pay Gap in Teenage Labor Force.--
(1) Research review.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of Labor,
acting through the Director of the Women's Bureau, shall
conduct a review and develop a synthesis of research on the
gender wage gap among younger workers existing as of the date
of enactment of this Act, and shall make such review and
synthesis available on a publicly accessible website of the
Department of Labor.
(2) Authority to commission studies.--Not later than 36
months after the date of the enactment of this Act, the
Secretary of Labor, acting through the Director of the Women's
Bureau, shall request proposals and commission studies that can
advance knowledge on the gender wage gap among younger workers,
and shall make such studies available on a publicly accessible
website of the Department of Labor.
SEC. 6. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.
(a) In General.--There is established the National Award for Pay
Equity in the Workplace, which shall be awarded by the Secretary of
Labor in consultation with the Equal Employment Opportunity Commission,
on an annual basis, to an employer to encourage proactive efforts to
comply with section 6(d) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(d)), as amended by this Act.
(b) Criteria for Qualification.--The Secretary of Labor, in
consultation with the Equal Employment Opportunity Commission, shall--
(1) set criteria for receipt of the award, including a
requirement that an employer has made substantial effort to
eliminate pay disparities between men and women and deserves
special recognition as a consequence of such effort; and
(2) establish procedures for the application and
presentation of the award.
(c) Business.--In this section, the term ``employer'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).
SEC. 7. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.
Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is
amended by adding at the end the following:
``(f)(1) Not later than 24 months after the date of enactment of
this subsection, the Commission shall provide for the annual collection
from employers of compensation data disaggregated by the sex, race, and
national origin of employees. The Commission may also require employers
to submit other employment-related data (including hiring, termination,
and promotion data) so disaggregated.
``(2) In carrying out paragraph (1), the Commission shall have as
its primary consideration the most effective and efficient means for
enhancing the enforcement of Federal laws prohibiting pay
discrimination. The Commission shall also consider factors including
the imposition of burdens on employers, the frequency of required
reports (including the size of employers required to prepare reports),
appropriate protections for maintaining data confidentiality, and the
most effective format to report such data.
``(3)(A) For each 12-month reporting period for an employer, the
data collected under paragraph (1) shall include compensation data
disaggregated by the categories described in subparagraph (E).
``(B) For the purposes of collecting the disaggregated compensation
data described in subparagraph (A), the Commission may use compensation
ranges reporting--
``(i) the number of employees of the employer who earn
compensation in an amount that falls within such compensation
range; and
``(ii) the total number of hours worked by such employees.
``(C) If the Commission uses compensation ranges to collect the pay
data described in subparagraph (A), the Commission may adjust such
compensation ranges--
``(i) if the Commission determines that such adjustment is
necessary to enhance enforcement of Federal laws prohibiting
pay discrimination; or
``(ii) for inflation, in consultation with the Bureau of
Labor Statistics.
``(D) In collecting data described in subparagraph (A)(ii), the
Commission may provide that, with respect to an employee who the
employer is not required to compensate for overtime employment under
section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207), an
employer may report--
``(i) in the case of a full-time employee, that such
employee works 40 hours per week, and in the case of a part-
time employee, that such employee works 20 hours per week; or
``(ii) the actual number of hours worked by such employee.
``(E) The categories described in this subparagraph shall be
determined by the Commission and shall include--
``(i) race;
``(ii) national origin;
``(iii) sex; and
``(iv) job categories, including the job categories
described in the instructions for the Equal Employment
Opportunity Employer Information Report EEO-1, as in effect on
the date of the enactment of this subsection.
``(F) The Commission shall use the compensation data collected
under paragraph (1)--
``(i) to enhance--
``(I) the investigation of charges filed under
section 706 or section 6(d) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(d)); and
``(II) the allocation of resources to investigate
such charges; and
``(ii) for any other purpose that the Commission determines
appropriate.
``(G) The Commission shall at 18-month intervals make publicly
available aggregate compensation data collected under paragraph (1) for
the categories described in subparagraph (E), disaggregated by
industry, occupation, and core based statistical area (as defined by
the Office of Management and Budget).
``(4) The compensation data under paragraph (1) shall be collected
from each employer that--
``(A) is a private employer that has 100 or more employees,
including such an employer that is a contractor with the
Federal Government, or a subcontractor at any tier thereof; or
``(B) the Commission determines appropriate.''.
SEC. 8. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA
COLLECTION.
(a) Bureau of Labor Statistics Data Collection.--The Commissioner
of Labor Statistics shall continue to collect data on women workers in
the Current Employment Statistics survey.
(b) Office of Federal Contract Compliance Programs Initiatives.--
The Director of the Office of Federal Contract Compliance Programs
shall collect compensation data and other employment-related data
(including, hiring, termination, and promotion data) by demographics
and designate not less than half of all nonconstruction contractors
each year to prepare and file such data, and shall review and utilize
the responses to such data to identify contractors for further
evaluation and for other enforcement purposes as appropriate.
(c) Department of Labor Distribution of Wage Discrimination
Information.--The Secretary of Labor shall make readily available (in
print, on the Department of Labor website, and through any other forum
that the Department may use to distribute compensation discrimination
information), accurate information on compensation discrimination,
including statistics, explanations of employee rights, historical
analyses of such discrimination, instructions for employers on
compliance, and any other information that will assist the public in
understanding and addressing such discrimination.
SEC. 9. PROHIBITIONS RELATING TO PROSPECTIVE EMPLOYEES' SALARY AND
BENEFIT HISTORY.
(a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) is amended by inserting after section 7 the following new
section:
``SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY, AND
BENEFIT HISTORY.
``(a) In General.--It shall be an unlawful practice for an employer
to--
``(1) rely on the wage history of a prospective employee in
considering the prospective employee for employment, including
requiring that a prospective employee's prior wages satisfy
minimum or maximum criteria as a condition of being considered
for employment;
``(2) rely on the wage history of a prospective employee in
determining the wages for such prospective employee, except
that an employer may rely on wage history if it is voluntarily
provided by a prospective employee, after the employer makes an
offer of employment with an offer of compensation to the
prospective employee, to support a wage higher than the wage
offered by the employer;
``(3) seek from a prospective employee or any current or
former employer the wage history of the prospective employee,
except that an employer may seek to confirm prior wage
information only after an offer of employment with compensation
has been made to the prospective employee and the prospective
employee responds to the offer by providing prior wage
information to support a wage higher than that offered by the
employer; or
``(4) discharge or in any other manner retaliate against
any employee or prospective employee because the employee or
prospective employee--
``(A) opposed any act or practice made unlawful by
this section; or
``(B) took an action for which discrimination is
forbidden under section 15(a)(3).
``(b) Definition.--In this section, the term `wage history' means
the wages paid to the prospective employee by the prospective
employee's current employer or previous employer.''.
(b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended
by adding at the end the following new subsection:
``(f)(1) Any person who violates the provisions of section 8
shall--
``(A) be subject to a civil penalty of $5,000 for a first
offense, increased by an additional $1,000 for each subsequent
offense, not to exceed $10,000; and
``(B) be liable to each employee or prospective employee
who was the subject of the violation for special damages not to
exceed $10,000 plus attorneys' fees, and shall be subject to
such injunctive relief as may be appropriate.
``(2) An action to recover the liability described in paragraph
(1)(B) may be maintained against any employer (including a public
agency) in any Federal or State court of competent jurisdiction by any
one or more employees or prospective employees for and on behalf of--
``(A) the employees or prospective employees; and
``(B) other employees or prospective employees similarly
situated.''.
SEC. 10. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE.
(a) In General.--There is established the National Equal Pay
Enforcement Task Force, consisting of representatives from the Equal
Employment Opportunity Commission, the Department of Justice, the
Department of Labor, and the Office of Personnel Management.
(b) Mission.--In order to improve compliance, public education, and
enforcement of equal pay laws, the National Equal Pay Enforcement Task
Force will ensure that the agencies in subsection (a) are coordinating
efforts and limiting potential gaps in enforcement.
(c) Duties.--The National Equal Pay Enforcement Task Force shall
investigate challenges related to pay inequity pursuant to its mission
in subsection (b), advance recommendations to address those challenges,
and create action plans to implement the recommendations.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act.
(b) Prohibition on Earmarks.--None of the funds appropriated
pursuant to subsection (a) for purposes of the grant program in section
5 of this Act may be used for a congressional earmark as defined in
clause 9(e) of rule XXI of the Rules of the House of Representatives.
SEC. 12. SMALL BUSINESS ASSISTANCE.
(a) Effective Date.--This Act and the amendments made by this Act
shall take effect on the date that is 6 months after the date of
enactment of this Act.
(b) Technical Assistance Materials.--The Secretary of Labor and the
Commissioner of the Equal Employment Opportunity Commission shall
jointly develop technical assistance material to assist small
enterprises in complying with the requirements of this Act and the
amendments made by this Act.
(c) Small Businesses.--A small enterprise shall be exempt from the
provisions of this Act, and the amendments made by this Act, to the
same extent that such enterprise is exempt from the requirements of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pursuant to
clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C.
203(s)(1)(A)).
SEC. 13. NOTICE REQUIREMENTS.
(a) In General.--Each employer shall post and keep posted, in
conspicuous places on the premises of the employer where notices to
employees are customarily posted, a notice, to be prepared or approved
by the Equal Employment Opportunity Commission and the Secretary of
Labor, of the requirements described in this Act (or the amendments
made by such Act).
(b) Relation to Existing Notices.--The notice under subsection (a)
may be incorporated into notices required of the employer as of the
date of enactment of this Act.
(c) Digital Notice.--With respect to the notice under subsection
(a), each employer shall--
(1) post electronic copies of the notice on an internal
website to which employees have access; and
(2) notify employees on such internal website of the
location of the place on the premises where the notice is
posted.
SEC. 14. RULE OF CONSTRUCTION.
Nothing in this Act, or in any amendments made by this Act, shall
affect the obligation of employers and employees to fully comply with
all applicable immigration laws, including being subject to any
penalties, fines, or other sanctions.
SEC. 15. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of that provision or amendment to particular persons or
circumstances is held invalid or found to be unconstitutional, the
remainder of this Act, the amendments made by this Act, or the
application of that provision to other persons or circumstances shall
not be affected.
<all>
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 46 (Friday, March 10, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nBy Ms. DeLAURO:\nH.R. 17.\nCongress has the power to enact this legislation pursuant\nto the following:\nArticle I, Section 8, clause 3 provides Congress with the\npower to ``regulate commerce with foreign nations, and among\nthe several states, and with the Indian tribes.''\nThe single subject of this legislation is:\nEqual pay for equal work\n[Page H1279]\n</pre>",
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118HR170 | Domestic SUPPLY Act of 2023 | [
[
"G000568",
"Rep. Griffith, H. Morgan [R-VA-9]",
"sponsor"
]
] | <p><strong>Domestic Security Using Production Partnerships and Lessons from Yesterday Act of 2023 or the Domestic SUPPLY Act of 2023</strong></p> <p>This bill establishes a program and sets out other requirements to promote domestic manufacturing of personal protective equipment (PPE) for infectious diseases and other public health emergencies.</p> <p>The Department of Health and Human Services (HHS) must establish a program to enter into purchasing agreements for PPE produced domestically by manufacturers that are majority-owned and -operated by U.S. citizens. HHS must coordinate with the Department of Defense and the Department of Homeland Security on this program.</p> <p>In addition, the federal government must only procure, subject to limited exceptions, PPE that is produced domestically to prevent the transmission of an infectious disease. If using federal funds, states or localities must also procure PPE domestically.</p> <p>Further, the bill requires HHS to consult with the Occupational Safety and Health Administration on a report about changes to federal requirements for PPE during the COVID-19 pandemic and the impact of those changes on health care workers who cared for patients in 2020 and 2021.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 170 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 170
To direct the Secretary of Health and Human Services, in collaboration
with the Assistant Secretary for Preparedness and Response and the
Director of the Centers for Disease Control and Prevention, and in
coordination with the Secretary of Defense and the Secretary of
Homeland Security, to establish a program of entering into partnerships
with eligible domestic manufacturers to ensure the availability of
qualified personal protective equipment to prepare for and respond to
national health or other emergencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2023
Mr. Griffith introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Oversight and Accountability, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Secretary of Health and Human Services, in collaboration
with the Assistant Secretary for Preparedness and Response and the
Director of the Centers for Disease Control and Prevention, and in
coordination with the Secretary of Defense and the Secretary of
Homeland Security, to establish a program of entering into partnerships
with eligible domestic manufacturers to ensure the availability of
qualified personal protective equipment to prepare for and respond to
national health or other emergencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Security Using Production
Partnerships and Lessons from Yesterday Act of 2023'' or the ``Domestic
SUPPLY Act of 2023''.
SEC. 2. NATIONAL DEFENSE AND HEALTH SECURITY DOMESTIC MANUFACTURING
PARTNERSHIP PROGRAM.
(a) In General.--The Secretary, in collaboration with the Assistant
Secretary for Preparedness and Response and the Director of the Centers
for Disease Control and Prevention, and in coordination with the
Secretary of Defense and the Secretary of Homeland Security, shall
establish a program of entering into partnerships with eligible
domestic manufacturers to ensure the availability of qualified personal
protective equipment for preparing for and responding to public health
emergencies.
(b) Contractual Purchasing Agreements.--
(1) Process.--Not later than one year after the date of
enactment of this Act, the Secretary shall finalize a process
for entering into contractual purchasing agreements with
eligible domestic manufacturers to implement the partnerships
described in subsection (a).
(2) Contents.--The contractual purchasing agreements
entered into under this section, collectively, shall--
(A) guarantee the availability of supplies and
manufacturing lines to produce qualified personal
protective equipment in amounts specified by the
Secretary to prepare for and respond to public health
emergencies; and
(B) fulfill such other requirements as are--
(i) deemed necessary by the Secretary to
prepare for and respond to a public health
emergency; and
(ii) covered under the contractual
purchasing agreement.
(c) Eligible Domestic Manufacturers.--To be eligible to participate
in a partnership described in subsection (a), a manufacturer shall--
(1) be headquartered in the continental United States;
(2) manufacture in the continental United States 100
percent of the products to be supplied to the Federal
Government pursuant to such partnership;
(3) be majority owned and operated by United States
citizens;
(4) have supply agreements in place to verify supply chain
security and sourcing; and
(5) attest in writing to the fact that the manufacturer's
entire product lines meet or exceed all applicable quality
guidelines of the Centers for Disease Control and Prevention
and the Occupational Safety and Health Administration.
(d) Qualified Personal Protective Equipment.--
(1) In general.--The Secretary shall maintain a list of
products that are eligible for treatment as qualified personal
protective equipment under this section.
(2) Requirements.--To be included on the list under
paragraph (1), a product shall--
(A) meet or exceed all applicable quality
guidelines of the Centers for Disease Control and
Prevention and the Occupational Safety and Health
Administration;
(B) have been cleared under section 510(k) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360(k)); and
(C) be priced using fair-market benchmarks
established by the Secretary.
(e) Definitions.--In this section:
(1) The term ``public health emergency'' means a public
health emergency for which a declaration is in effect under
section 319 of the Public Health Service Act (42 U.S.C. 247d).
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 3. DOMESTIC PROCUREMENT OF CLOTHING OR EQUIPMENT USED TO PREVENT
THE TRANSMISSION OF INFECTIOUS DISEASE.
(a) Procurement by Federal Government.--
(1) In general.--No clothing or equipment used to prevent
the transmission of infectious disease may be procured by the
Federal Government unless such clothing or equipment is
manufactured in the United States.
(2) Exceptions.--The exceptions in subparagraphs (A) and
(B) of subsection (a)(2) of section 8302 of title 41, United
States Code, shall apply with respect to the prohibition in
paragraph (1) of this subsection to the same extent and in the
same manner as such exceptions apply with respect to the
prohibition in subsection (a)(1) of such section 8302.
(3) Exception documentation.--In the case of an exception
described in paragraph (2), documentation, including a detailed
justification for the use of the exception, shall be submitted
by the official responsible for applying the exception.
(b) Procurement by State and Local Governments Using Federal
Funds.--
(1) In general.--No clothing or equipment described in
subsection (a)(1) may be procured by a State or local
government using Federal funds unless such clothing or
equipment is manufactured in the United States.
(2) Exceptions.--The exceptions in subparagraphs (A) and
(B) of subsection (a)(2) of section 8302 of title 41, United
States Code, shall apply with respect to the prohibition in
paragraph (1) of this subsection to the same extent and in the
same manner as such exceptions apply with respect to the
prohibition in subsection (a)(1) of such section 8302.
(3) Exception documentation.--In the case of an exception
described in paragraph (2), documentation, including a detailed
justification for the use of the exception, shall be submitted
by the official responsible for applying the exception.
(4) Applicability.--Paragraph (1) applies only with respect
to the award of Federal funds on or after the date of enactment
of this Act.
SEC. 4. REPORT ON THE IMPACT OF CHANGES TO PPE REQUIREMENTS ON
FRONTLINE WORKER SAFETY.
Not later than one year after the date of enactment of this Act,
the Secretary of Health and Human Services, in consultation with the
Assistant Secretary of Labor for Occupational Safety and Health, shall
submit a report to the Congress on--
(1) the changes to the Federal requirements applicable to
personal protective equipment that have taken place since the
beginning of the COVID-19 pandemic; and
(2) the impact of these changes on the safety of physicians
and other medical professionals caring for patients face-to-
face during the years 2020 and 2021.
<all>
</pre></body></html>
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118HR1700 | ATF Transparency Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1700 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1700
To amend the Internal Revenue Code of 1986 to require the Bureau of
Alcohol, Tobacco, Firearms, and Explosives to establish an
administrative relief process for individuals whose applications for
transfer and registration of a firearm were denied, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Fulcher (for himself, Mr. Pfluger, Mrs. Miller of Illinois, Mr.
Biggs, Mr. Weber of Texas, and Mr. Tiffany) introduced the following
bill; which was referred to the Committee on Ways and Means, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to require the Bureau of
Alcohol, Tobacco, Firearms, and Explosives to establish an
administrative relief process for individuals whose applications for
transfer and registration of a firearm were denied, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATF Transparency Act''.
SEC. 2. ADMINISTRATIVE RELIEF FOR DENIAL OF FIREARM TRANSFER
APPLICATION.
(a) In General.--Section 5812 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(c) Administrative Relief.--
``(1) In general.--With respect to any application
described in subsection (a) for the transfer and registration
of a firearm which is denied by the Secretary based on a
determination that transferring the firearm to the transferee
would violate subsection (d) of section 922 of title 18, United
States Code, or receipt of the firearm by the transferee would
violate subsection (g) or (n) of that section or State, local,
or tribal law, the Secretary shall--
``(A) provide the transferee with the relevant NICS
transaction number with respect to such application,
``(B) permit such transferee to appeal such denial
to the Secretary in a manner similar to the process for
appeals provided under section 25.10 of title 28, Code
of Federal Regulations, and
``(C) permit such transferee to provide information
to the Secretary to prevent any subsequent erroneous
denial or extended delay by NICS pursuant to a program
(as established by the Secretary) similar to the
Voluntary Appeal File program described in section
25.10(g) of title 28, Code of Federal Regulations.
``(2) Attorney fees.--In the case of any successful appeal
by the transferee pursuant to the process described in
paragraph (1)(B), the Secretary shall reimburse the transferee
for any reasonable and necessary attorney fees incurred with
respect to such appeal.
``(3) NICS.--For purposes of this subsection, the term
`NICS' means the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901).''.
(b) Effective Date.--The amendment made by this section shall apply
to applications for the transfer and registration of a firearm which
are filed or pending on or after the date of enactment of this Act.
SEC. 3. TIMELY PROCESSING OF APPLICATIONS.
(a) Transfer of Firearms.--Section 5812 of the Internal Revenue
Code of 1986, as amended by section 2, is amended by adding at the end
the following new subsection:
``(d) Processing of Applications.--Notwithstanding subsection (a),
if an application described in such subsection with respect to the
transfer and registration of a firearm has been filed with the
Secretary and the Secretary fails to make a determination regarding
whether to approve or deny such application prior to the date which is
90 calendar days after the date on which such application was
originally filed by the transferor, the transfer and registration of
such firearm to the transferee shall be deemed to have been approved by
the Secretary for purposes of this section and such transfer may be
made. The Secretary shall only deny an application described in
subsection (a) on the grounds that the applicable requirements under
such subsection have not been satisfied, and may not deny an
application solely on the grounds that a determination regarding
whether to approve or deny such application could not be completed by
the Secretary during the period described in the preceding sentence.''.
(b) Making of Firearms.--Section 5822 of the Internal Revenue Code
of 1986 is amended by adding at the end the following:
``Notwithstanding the preceding sentences, if a person files an
application to make and register a firearm with the Secretary and the
Secretary fails to make a determination regarding whether to approve or
deny such application prior to the date which is 90 calendar days after
the date on which such application was originally filed by such person,
such application shall be deemed to have been approved by the Secretary
for purposes of this section and such firearm may be made by such
person. The Secretary shall only deny an application to make and
register a firearm on the grounds that the applicable requirements
under this section have not been satisfied, and may not deny an
application solely on the grounds that a determination regarding
whether to approve or deny such application could not be completed by
the Secretary during the period described in the preceding sentence.''.
(c) Effective Date.--The amendments made by this section shall
apply to applications which are filed or pending on or after the date
of enactment of this Act.
SEC. 4. REPORTS AND AGREEMENTS.
(a) Unresolved NICS Checks.--Not later than 180 days after the date
of enactment of this Act, the Comptroller General of the United States,
in conjunction with the Inspector General of the Department of Justice,
shall submit a report to Congress--
(1) detailing the number of NICS inquiries received during
the period of calendar years 2010 through 2021 with respect to
the transfer of a firearm which remained unresolved following
the expiration of the 90-day period described in section
25.9(b)(1) of title 28, Code of Federal Regulations; and
(2) providing recommendations for administrative actions to
be adopted by the Bureau of Alcohol, Tobacco, Firearms, and
Explosives to minimize the number of unresolved NICS inquiries
described in paragraph (1).
(b) Administration of NICS Checks.--Not later than 180 days after
the date of enactment of this Act, the Inspector General of the
Department of Justice shall submit a report to Congress regarding the
percentage of NICS inquiries during the period of calendar years 2014
through 2021 with respect to the transfer of a firearm which were
administered by the Federal Bureau of Investigation on behalf of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives.
(c) Memorandum of Understanding.--Not later than 180 days after the
date of enactment of this Act, the Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives and the Director of the Federal
Bureau of Investigation shall enter into a memorandum of understanding
regarding the administration and processing of NICS inquiries with
respect to the transfer of firearms.
(d) Definitions.--In this section--
(1) Firearm.--The term ``firearm'' has the same meaning
given such term under section 5845(a) of the Internal Revenue
Code of 1986.
(2) NICS.--The term ``NICS'' means the national instant
criminal background check system established under section 103
of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901).
<all>
</pre></body></html>
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118HR1701 | Higher Education Dream Act of 2023 | [
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] | <p><strong>Higher Education Dream Act of </strong><b>2023</b></p> <p>This bill prohibits institutions of higher education that receive federal student aid from discriminating against Dreamer students (e.g., students who have been granted Deferred Action for Childhood Arrivals status) based on their immigration status, including charging out-of-state tuition to students who would qualify as residents of the state. The bill also makes Dreamer students eligible for federal financial aid.</p> <p>The bill prohibits the use or publication of certain identifiable information related to such students, subject to civil penalties.</p> | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1701 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1701
To prohibit discrimination in higher education against certain
noncitizen students on the basis of immigration status, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Gallego (for himself, Mr. Stanton, Mr. Espaillat, Mr. Soto, Ms.
Barragan, and Ms. Garcia of Texas) introduced the following bill; which
was referred to the Committee on Education and the Workforce, and in
addition to the Committee on the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To prohibit discrimination in higher education against certain
noncitizen students on the basis of immigration status, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Dream Act of
2023''.
SEC. 2. HIGHER EDUCATION FOR DREAMER STUDENTS.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. NONDISCRIMINATION AGAINST DREAMER STUDENTS IN HIGHER
EDUCATION.
``(a) Eligibility.--An institution of higher education that
receives Federal funds or financial assistance under any Federal
program shall not prohibit a Dreamer student from applying for
admission, nor shall it prohibit a Dreamer student who is accepted to
that institution from enrolling.
``(b) Admissions.--An institution of higher education that receives
Federal funds or financial assistance under any Federal program shall
not discriminate against or penalize in the admissions process a
Dreamer student who is otherwise qualified for admission to the
institution, on the basis of that individual's immigration status, nor
shall such an institution differentiate in the admissions process on
the basis of residency between a United States citizen applicant and a
Dreamer student applying from the same State.
``(c) Tuition Rate.--An institution of higher education that
receives Federal funds or financial assistance under any Federal
program shall not charge a greater rate of tuition than the rate
charged for residents of the State in which the institution is located
to a Dreamer student who, but for such individual's immigration status,
otherwise qualifies as a resident of the State in which the institution
is located.
``(d) Remedies.--An institution of higher education that violates
subsection (a), (b), or (c) shall be subject to the remedies described
in sections 454 and 455 of the General Education Provisions Act (8
U.S.C. 1234c, 1234d).
``(e) Confidentiality of Information.--
``(1) Prohibition.--No officer or employee of the United
States, of a State, or of an institution of higher education
that receives Federal funds or financial assistance under any
Federal program to which a Dreamer student applies for
admission or enrolls, may--
``(A) use the information furnished by the Dreamer
student to arrest, detain, or initiate removal
proceedings against any person identified in that
information;
``(B) make any publication whereby the information
furnished by any particular Dreamer student can be
identified; or
``(C) permit anyone other than an officer or
employee of the Federal Government or the institution
of higher education to which a Dreamer student applies
or enrolls, to examine any information provided by a
Dreamer student relating to that individual's
immigration status or qualifications to be a Dreamer
student.
``(2) Penalty.--Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
subsection shall be fined not more than $50,000.
``(f) Definition of Dreamer Student.--In this section, the term
`Dreamer student' means an individual who--
``(1) is not a national of the United States (as defined in
section 101(a)(21) of the Immigration and Nationality Act (8
U.S.C. 1101(21)));
``(2) maintains a residence in the United States (as
defined in section 101(a)(33) of such Act (8 U.S.C. 1101(33)));
``(3)(A) is not authorized to be temporarily in the United
States under subparagraph (F), (J), (M), or (Q) of section
101(a)(15) of such Act (8 U.S.C. 1101(a)(15)); or
``(B) does not have an application pending for the purpose
of seeking such authorization;
``(4)(A) possesses a valid document or documents
demonstrating that the individual is in a lawful immigration
status in the United States (excluding a nonimmigrant status
under subparagraph (F), (J), (M), or (Q) of section 101(a)(15)
of such Act (8 U.S.C. 1101(a)(15)));
``(B) possesses a valid document or documents demonstrating
that the individual is lawfully present in the United States
(excluding lawful presence, or a pending application, under any
of such subparagraphs);
``(C) possesses an expired document or documents
demonstrating that the individual, in the past, was granted--
``(i) deferred action pursuant to the Deferred
Action for Childhood Arrivals policy announced by the
Secretary of Homeland Security on June 15, 2012;
``(ii) temporary protected status under section 244
of the Immigration and Nationality Act (8 U.S.C.
1254a);
``(iii) Deferred Enforced Departure; or
``(iv) status as the son or daughter of an alien
admitted as a nonimmigrant under subparagraph (E)(i),
(E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of
such Act (8 U.S.C. 1101(a)(15)); or
``(D) would have been eligible for deferred action pursuant
to the Deferred Action for Childhood Arrivals policy announced
by the Secretary of Homeland Security on June 15, 2012, if not
for the court orders of the United States Court of Appeals for
the Fifth Circuit in Texas et al. v. United States of America
et al., No. 21-40680 (Oct. 5, 2022) and the United States
District Court for the Southern District of Texas in Texas, et
al., v. United States of America, et al., 1:18-CV-00068, (July
16, 2021), and has never engaged in conduct that would render
the individual ineligible for that relief;
``(5) was 18 years of age or younger on the date on which
the individual initially entered the United States;
``(6) has provided a list of each secondary school that the
student attended in the United States; and
``(7)(A) has earned a high school diploma, the recognized
equivalent of such diploma from a secondary school, or a high
school equivalency diploma in the United States or is scheduled
to complete the requirements for such a diploma or equivalent
before the next academic year begins;
``(B) has acquired a degree from an institution of higher
education or is enrolled in a program for a baccalaureate
degree or higher degree at an institution of higher education
in the United States; or
``(C) has served in the uniformed services, as defined in
section 101 of title 10, United States Code, for not less than
4 years and, if discharged, received an honorable discharge.''.
SEC. 3. FEDERAL AID ELIGIBILITY.
Section 484(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(5)) is amended by inserting ``a Dreamer student (as defined in
section 124(f)),'' after ``permanent resident of the United States,''.
SEC. 4. REPEAL OF PROHIBITION.
Section 505 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.
<all>
</pre></body></html>
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118HR1702 | To amend PROMESA to include certain ethics provisions to provide for the disqualification of certain advisors to the Financial Oversight and Management Board, and for other purposes. | [
[
"G000582",
"Resident Commissioner González-Colón, Jenniffer [R-PR-At Large]",
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1702 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1702
To amend PROMESA to include certain ethics provisions to provide for
the disqualification of certain advisors to the Financial Oversight and
Management Board, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mrs. Gonzalez-Colon (for herself, Mr. Torres of New York, and Mr. Soto)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To amend PROMESA to include certain ethics provisions to provide for
the disqualification of certain advisors to the Financial Oversight and
Management Board, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DISQUALIFICATION OF CERTAIN ADVISORS TO THE FINANCIAL
OVERSIGHT AND MANAGEMENT BOARD.
Section 109 of PROMESA (48 U.S.C. 2129) is amended by adding at the
end the following:
``(c) Disqualification of Certain Advisors.--
``(1) Definition of covered contract.--In this subsection,
the term `covered contract' means a contract with the
territorial government or an instrumentality of the territorial
government, the performance of which is within the jurisdiction
of the Oversight Board under section 204(b).
``(2) Disqualification.--In accordance with the rules
adopted by the Oversight Board under paragraph (3), any third-
party advisory or consulting firm shall be disqualified from
advising the Oversight Board for the duration of any period
during which the firm has as a client, or provides advisory or
other consulting services in any capacity to, an individual,
corporation, association, organization, or other business
entity, including a subsidiary, that is competing for, or is
performing, a covered contract.
``(3) Rules.--For purposes of carrying out paragraph (2),
the Oversight Board shall adopt rules to carry out the
following:
``(A) To be eligible to advise or consult the
Oversight Board with respect to the review,
procurement, or performance of a covered contract, a
third-party advisory or consulting firm shall certify
to the Oversight Board that the third-party advisory or
consulting firm is not disqualified from advising the
Oversight Board under paragraph (2).
``(B) Any officer or employee of a third-party
advisory or consulting firm who prepares, presents, or
certifies any information or report with respect to the
certification of the third-party advisory or consulting
firm under subparagraph (A) for the Oversight Board, or
any agent of the Oversight Board, that is intentionally
false or misleading, or, on learning that any such
information is false or misleading, fails to
immediately advise the Oversight Board or an agent of
the Oversight Board in writing, shall be subject to
prosecution and penalties under law.
``(C) If, after an investigation conducted by the
Oversight Board, the Oversight Board determines that a
third-party advisory or consulting firm has provided
services to the Oversight Board in violation of
paragraph (2), has failed to submit a certification
required under subparagraph (A), or is in violation of
subparagraph (B) (including any rules adopted under
subparagraph (A) or (B)), the Oversight Board shall
immediately refer such information to the Attorney
General for the covered territory and the Office of the
United States Attorney for the covered territory.''.
<all>
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118HR1703 | SECURE Flights Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1703 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1703
To direct the Administrator of the Transportation Security
Administration to prohibit the use of certain identification documents
at airport security checkpoints, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Gooden of Texas (for himself, Mr. Ellzey, Mr. DesJarlais, Mr. Van
Drew, Mrs. Boebert, Mr. Babin, Mr. Grothman, Mrs. Miller of Illinois,
Mr. Van Orden, and Mr. Mann) introduced the following bill; which was
referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To direct the Administrator of the Transportation Security
Administration to prohibit the use of certain identification documents
at airport security checkpoints, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Enforcement and
Criminalizing Unlawful Records Enabling Flights Act'' or the ``SECURE
Flights Act''.
SEC. 2. PROHIBITED IDENTIFICATION DOCUMENTS AT AIRPORT SECURITY
CHECKPOINTS; NOTIFICATION TO IMMIGRATION AGENCIES.
(a) In General.--The Administrator may not accept as valid proof of
identification a prohibited identification document at an airport
security checkpoint.
(b) Notification to Immigration Agencies.--If an individual
presents a prohibited identification document to an officer of the
Transportation Security Administration at an airport security
checkpoint, the Administrator shall promptly notify the Director of
U.S. Immigration and Customs Enforcement, the Commissioner of U.S.
Customs and Border Protection, and the head of the appropriate local
law enforcement agency to determine whether the individual is in
violation of any term of release from the custody of any such agency.
(c) Entry Into Sterile Areas.--
(1) In general.--Except as provided in paragraph (2), if an
individual is found to be in violation of any term of release
under subsection (b), the Administrator shall not permit such
individual to enter a sterile area.
(2) Exception.--An individual presenting a prohibited
identification document under this section may enter a sterile
area if the individual--
(A) is leaving the United States for the purposes
of removal or deportation; or
(B) presents a covered identification document.
SEC. 3. COLLECTION OF BIOMETRIC INFORMATION FROM CERTAIN INDIVIDUALS
SEEKING ENTRY INTO THE STERILE AREA OF AN AIRPORT.
(a) In General.--Beginning not later than 120 days after the date
of the enactment of this Act, the Administrator shall collect biometric
information from an individual described in subsection (b) prior to
authorizing such individual to enter into a sterile area.
(b) Individual Described.--An individual described in this
subsection is an individual who--
(1) is seeking entry into the sterile area of an airport;
(2) does not present a covered identification document; and
(3) the Administrator cannot verify is a national of the
United States.
(c) Participation in IDENT.--Beginning not later than 120 days
after the date of the enactment of this Act, the Administrator, in
coordination with the Secretary of Homeland Security, shall submit
biometric data collected under this section to the Automated Biometric
Identification System (IDENT).
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Transportation Security Administration.
(2) Biometric information.--The term ``biometric
information'' means any of the following:
(A) A fingerprint.
(B) A palm print.
(C) A photograph, including--
(i) a photograph of an individual's face
for use with facial recognition technology; and
(ii) a photograph of any physical or
anatomical feature, such as a scar, skin mark,
or tattoo.
(D) A signature.
(E) A voice print.
(F) An iris image.
(3) Covered identification document.--The term ``covered
identification document'' means any of the following, if the
document is valid and unexpired:
(A) A United States passport or passport card.
(B) A biometrically secure card issued by a trusted
or registered traveler program of the Department of
Homeland Security, including--
(i) Global Entry;
(ii) NEXUS;
(iii) Secure Electronic Network for
Travelers Rapid Inspection (SENTRI); and
(iv) Free and Secure Trade (FAST).
(C) An identification card issued by the Department
of Defense, including such a card issued to a
dependent.
(D) Any document required for admission to the
United States under section 211(a) of the Immigration
and Nationality Act (8 U.S.C. 1181(a)).
(E) An enhanced driver's license issued by a State.
(F) A photo identification card issued by a
federally recognized Indian Tribe.
(G) A personal identity verification credential
issued in accordance with Homeland Security
Presidential Directive 12.
(H) A driver's license issued by a province of
Canada.
(I) A Secure Certificate of Indian Status issued by
the Government of Canada.
(J) A Transportation Worker Identification
Credential.
(K) An Employment Authorization Document issued by
United States Citizenship and Immigration Services.
(L) A Merchant Mariner Credential issued by the
Coast Guard.
(M) A Veteran Health Identification Card issued by
the Department of Veterans Affairs.
(N) Any other document that the Administrator
determines, pursuant to a rule making in accordance
with section 553 of title 5, United States Code, will
satisfy the identity verification procedures of the
Transportation Security Administration.
(4) Prohibited identification document.--The term
``prohibited identification document'' means any of the
following (or any applicable successor form):
(A) U.S. Immigration and Customs Enforcement Form
I-200, Warrant for Arrest of Alien.
(B) U.S. Immigration and Customs Enforcement Form
I-205, Warrant of Removal/Deportation.
(C) U.S. Immigration and Customs Enforcement Form
I-220A, Order of Release on Recognizance.
(D) U.S. Immigration and Customs Enforcement Form
I-220B, Order of Supervision.
(E) Department of Homeland Security Form I-862,
Notice to Appear.
(F) U.S. Customs and Border Protection Form I-94,
Arrival/Departure Record (including a print-out of an
electronic record).
(G) Department of Homeland Security Form I-385,
Alien Booking Record.
(5) Sterile area.--The term ``sterile area'' has the
meaning given that term in section 1540.5 of title 49, Code of
Federal Regulations, or any successor regulation.
<all>
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118HR1704 | Latin America and Caribbean Nearshoring Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1704 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1704
To decrease dependency on People's Republic of China manufacturing and
decrease migration due to lost regional economic opportunities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Green of Tennessee (for himself and Mr. McCaul) introduced the
following bill; which was referred to the Committee on Foreign Affairs
_______________________________________________________________________
A BILL
To decrease dependency on People's Republic of China manufacturing and
decrease migration due to lost regional economic opportunities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Latin America and Caribbean
Nearshoring Act''.
SEC. 2. SENSE OF CONGRESS; STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that the United
States has economic and national security interests in securing the
critical mineral and energy supply chains of Latin American and
Caribbean countries from control and influence by the People's Republic
of China.
(b) Statement of Policy.--It is the policy of the United States
to--
(1) advance United States foreign policy and development
goals by assisting Latin American and Caribbean countries to
reduce their dependence on critical mineral and energy supply
chains controlled or influenced by the People's Republic of
China;
(2) promote private sector-led long-term economic
development, economic competitiveness and promoting good
governance, human rights, and the rule of law in Latin American
and Caribbean countries, particularly in the areas of
investment, sustainable development, commercial relations,
anti-corruption activities, and infrastructure projects;
(3) encourage United States public and private sector
investment in energy infrastructure projects of such countries
to bridge the gap between energy security requirements and
commercial demand in a way that is consistent with the region's
absorptive capacity;
(4) encourage United States public and private sector
investment in critical mineral mining and refining of such
countries; and
(5) help facilitate the export of United States energy
technology and expertise to global markets.
SEC. 3. EFFORTS OF THE DEPARTMENT OF STATE AND RELATED AGENCIES.
The Secretary of State, in coordination with the heads of United
States agencies that operate under the foreign policy guidance of the
Secretary of State, shall, as appropriate, prioritize and expedite the
efforts of the Department of State and such agencies--
(1) to support efforts of Latin American and Caribbean
countries to secure their critical mineral and energy supply
chains from control and influence by the People's Republic of
China; and
(2) to otherwise carry out the policy described in section
2(b).
SEC. 4. ASSISTANCE FROM THE UNITED STATES INTERNATIONAL DEVELOPMENT
FINANCE CORPORATION.
(a) In General.--The United States International Development
Finance Corporation, in coordination with the Federal agencies and
officials described in subsection (b), shall provide assistance under
section 1421 of the Better Utilization of Investments Leading to
Development Act of 2018 (22 U.S.C. 9621) for each fiscal year beginning
after the date of the enactment of this Act--
(1) to support efforts of Latin American and Caribbean
countries to secure their critical mineral and energy supply
chains from control and influence by the People's Republic of
China; and
(2) to otherwise carry out the policy described in section
2(b).
(b) Federal Agencies and Officials Described.--The Federal agencies
and officials described in this subsection include--
(1) the United States Trade and Development Agency, the
Export-Import Bank of the United States, the Millenium
Challenge Corporation, the United States Army Corps of
Engineers, and the United States Agency for International
Development; and
(2) the United States Executive Directors of relevant
international financial institutions, including the World Bank
Group, the Inter-American Development Bank, and the
International Monetary Fund.
(c) Exceptions.--In providing assistance described in subsection
(a)--
(1) the United States International Development Finance
Corporation may provide support for projects in Latin American
and Caribbean countries with upper-middle-income economies or
high-income economies (as those terms are defined by the
International Bank for Reconstruction and Development and the
International Development Association (collectively referred to
as the ``World Bank'')); and
(2) the restriction under section 1412(c)(2) of the Better
Utilization of Investments Leading to Development Act of 2018
(22 U.S.C. 9612(c)(2)) shall not apply.
(d) Plan.--Not later than 180 days after the date of the enactment
of this Act, the United States International Development Finance
Corporation shall develop and submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a plan to streamline the provision of
assistance described in subsection (a), including to expedite the
approval process for the provision of such assistance.
SEC. 5. AGREEMENTS FOR COOPERATION PURSUANT TO SECTION 123 OF THE
ATOMIC ENERGY ACT OF 1954.
(a) In General.--The President is authorized to take action to
initiate negotiations with any Latin American or Caribbean country to
obtain an agreement for cooperation pursuant to section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153) to approve the sale of
nuclear reactors to such country but only if--
(1) the President determines that such sale will not
threaten the national security of the United States; and
(2) the country meets the conditions described in
paragraphs (1), (2), and (3) of subsection (c).
(b) Technical Assistance and Expertise.--The Administrator of the
United States Agency for International Development, in consultation
with the Secretary of Energy and the United States International
Development Finance Corporation, may provide technical assistance and
expertise in electrical grid and energy efficiency improvements related
to sales under subsection (a), as appropriate.
(c) Conditions Described.--The conditions described in this
subsection are the following:
(1) The country is taking steps to reduce migration in
violation of the Immigration and Nationality Act.
(2) The country is taking steps to reduce economic
dependence on the People's Republic of China.
(3) The country allows Taiwan to establish and maintain a
commercial office in the country.
SEC. 6. LATIN AMERICAN OR CARIBBEAN COUNTRY DEFINED.
(a) In General.--In this Act, the term ``Latin American or
Caribbean country''--
(1) means--
(A) a country in the Caribbean Sea, South America,
or Central America; and
(B) Mexico; and
(2) except as provided in subsection (b), does not include
Cuba or Venezuela.
(b) Exception.--The term ``Latin American or Caribbean country''
shall include Cuba or Venezuela if the Secretary of State determines
and certifies to Congress that--
(1) the government of such country--
(A) has held free and fair presidential and
legislative elections, as determined by independent
international observers, and subsequent elections are
scheduled;
(B) respects and upholds human rights;
(C) is taking significant steps to privatize its
economy and institute a free market;
(D) permits the international community to provide
humanitarian, governance, and economic development
assistance;
(E) has freed all unlawfully detained United States
citizens, legal permanent residents, and political
prisoners; and
(F) has expelled all security services from foreign
adversaries from the country; and
(2) the prior authorities of such country have renounced
their illegitimate claim to power.
<all>
</pre></body></html>
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1705 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1705
To restore, reaffirm, and reconcile environmental justice and civil
rights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Grijalva (for himself, Ms. Lee of California, Ms. Schakowsky, Mr.
Espaillat, Ms. Barragan, Ms. Tlaib, Ms. Meng, Ms. Jayapal, Mr. Khanna,
Ms. DeGette, Mrs. Beatty, Ms. Bush, Mr. Scott of Virginia, Mr. Nadler,
Ms. Escobar, Ms. Castor of Florida, Mr. Connolly, Ms. Brownley, Ms.
Stansbury, Mrs. Napolitano, Mr. Huffman, Mr. Neguse, Ms. Ocasio-Cortez,
Ms. Velazquez, Ms. Porter, Mr. Gomez, Mr. Bowman, Ms. Tokuda, Ms.
Kamlager-Dove, Mr. Casar, Mr. McGovern, Mr. Mfume, Ms. Kelly of
Illinois, Ms. McCollum, Mrs. McClellan, and Ms. Jackson Lee) introduced
the following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committees on Natural Resources, the
Judiciary, Transportation and Infrastructure, Agriculture, and
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To restore, reaffirm, and reconcile environmental justice and civil
rights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``A. Donald McEachin
Environmental Justice For All Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; statement of policy.
Sec. 3. Definitions.
Sec. 4. Prohibited discrimination.
Sec. 5. Right of action.
Sec. 6. Rights of recovery.
Sec. 7. Consideration of cumulative impacts and persistent violations
in certain permitting decisions.
Sec. 8. White House Environmental Justice Interagency Council.
Sec. 9. Federal agency actions and responsibilities.
Sec. 10. Ombuds.
Sec. 11. Access to parks, outdoor spaces, and public recreation
opportunities.
Sec. 12. Transit to trails grant program.
Sec. 13. Repeal of sunset for the Every Kid Outdoors program.
Sec. 14. Protections for environmental justice communities against
harmful Federal actions.
Sec. 15. Strengthening Community Protections under the National
Environmental Policy Act.
Sec. 16. Training of employees of Federal agencies.
Sec. 17. Environmental justice grant programs.
Sec. 18. Environmental justice basic training program.
Sec. 19. National Environmental Justice Advisory Council.
Sec. 20. Environmental Justice Clearinghouse.
Sec. 21. Public meetings.
Sec. 22. Environmental projects for environmental justice communities.
Sec. 23. Grants to further achievement of Tribal coastal zone
objectives.
Sec. 24. Cosmetic labeling.
Sec. 25. Safer cosmetic alternatives for disproportionately impacted
communities.
Sec. 26. Safer child care centers, schools, and homes for
disproportionately impacted communities.
Sec. 27. Certain menstrual products misbranded if labeling does not
include ingredients.
Sec. 28. Support by National Institute of Environmental Health Sciences
for research on health disparities
impacting communities of color.
Sec. 29. Revenues for just transition assistance.
Sec. 30. Economic revitalization for fossil fuel-dependent communities.
Sec. 31. Evaluation by Comptroller General of the United States.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress finds the following:
(1) Communities of color, low-income communities, Tribal
and Indigenous communities, fossil fuel-dependent communities,
and other vulnerable populations, such as persons with
disabilities, children, and the elderly, are disproportionately
burdened by environmental hazards that include exposure to
polluted air, waterways, and landscapes.
(2) Environmental justice disparities are also exhibited
through a lack of equitable access to green spaces, public
recreation opportunities, and information and data on potential
exposure to environmental hazards.
(3) Communities experiencing environmental injustice have
been subjected to systemic racial, social, and economic
injustices and face a disproportionate burden of adverse human
health or environmental effects, a higher risk of intentional,
unconscious, and structural discrimination, and
disproportionate energy burdens.
(4) Environmental justice communities have been made more
vulnerable to the effects of climate change due to a
combination of factors, particularly the legacy of segregation
and historically racist zoning codes, and often have the least
resources to respond, making it a necessity for environmental
justice communities to be meaningfully engaged as partners and
stakeholders in government decision making as the United States
builds its climate resilience.
(5) Potential environmental and climate threats to
environmental justice communities merit a higher level of
engagement, review, and consent to ensure that communities are
not forced to bear disproportionate environmental and health
impacts.
(6) The burden of proof that a proposed action will not
harm communities, including through cumulative exposure
effects, should fall on polluting industries and on the Federal
Government in its regulatory role, not the communities
themselves.
(7) Executive Order 12898 (42 U.S.C. 4321 note; relating to
Federal actions to address environmental justice in minority
populations and low-income populations) directs Federal
agencies to address disproportionately high and adverse human
health or environmental effects of its programs, but Federal
agencies have been inconsistent in updating their strategic
plans for environmental justice and reporting on their progress
in enacting those plans.
(8) Government action to correct environmental injustices
is a moral imperative. Federal policy can and should improve
public health and improve the overall well-being of all
communities.
(9) All people have the right to breathe clean air, drink
clean water, live free of dangerous levels of toxic pollution,
and share the benefits of a prosperous and vibrant pollution-
free economy.
(10) A fair and just transition to a pollution-free economy
is necessary to ensure that workers and communities in
deindustrialized areas have access to the resources and
benefits of a sustainable future. That transition must also
address the economic disparities experienced by residents
living in areas contaminated by pollution or environmental
degradation, including access to jobs, and members of those
communities must be fully and meaningfully involved in
transition planning processes.
(11) It is the responsibility of the Federal Government to
seek to achieve environmental justice, health equity, and
climate justice for all communities.
(b) Statement of Policy.--It is the policy of Congress that each
Federal agency should--
(1) seek to achieve environmental justice as part of its
mission by identifying and addressing, as appropriate,
disproportionately adverse human health or environmental
effects of its programs, policies, practices, and activities on
communities of color, low-income communities, and Tribal and
Indigenous communities in each State and territory of the
United States;
(2) promote meaningful involvement by communities and due
process in the development, implementation, and enforcement of
environmental laws;
(3) provide direct guidance and technical assistance to
communities experiencing environmental injustice focused on
increasing shared understanding of the science, laws,
regulations, and policy related to Federal agency action on
environmental justice issues;
(4) cooperate with State governments, Indian Tribes, and
local governments to address pollution and public health
burdens in communities experiencing environmental injustice,
and build healthy, sustainable, and resilient communities; and
(5) recognize the right of all people to clean air, safe
and affordable drinking water, protection from climate hazards,
and the sustainable preservation of the ecological integrity
and aesthetic, scientific, cultural, and historical values of
the natural environment.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory council.--The term ``Advisory Council'' means
the National Environmental Justice Advisory Council established
by the President under section 19.
(3) Clearinghouse.--The term ``Clearinghouse'' means the
Environmental Justice Clearinghouse established by the
Administrator under section 20.
(4) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(I) Middle Eastern and North African.
(5) Director.--The term ``Director'' means the Director of
the National Institute of Environmental Health Sciences.
(6) Disparate impact.--The term ``disparate impact'' means
an action or practice that, even if appearing neutral, actually
has the effect of subjecting persons to discrimination on the
basis of race, color, or national origin.
(7) Disproportionate burden of adverse human health or
environmental effects.--The term ``disproportionate burden of
adverse human health or environmental effects'' means a
situation where there exists higher or more adverse human
health or environmental effects on communities of color, low-
income communities, and Tribal and Indigenous communities.
(8) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people regardless of race, color, culture, national
origin, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access and involvement with respect to
any Federal agency action on environmental justice
issues in order to have a healthy environment in which
to live, learn, work, and recreate.
(9) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and Indigenous communities, that
experiences, or is at risk of experiencing higher or more
adverse human health or environmental effects.
(10) Environmental law.--The term ``environmental law''
includes--
(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(C) the Energy Policy Act of 2005 (42 U.S.C. 15801
et seq.);
(D) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(E) the Pollution Prevention Act of 1990 (42 U.S.C.
13101 et seq.);
(F) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(G) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(H) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(I) the Toxic Substances Control Act (15 U.S.C.
2601 et seq.);
(J) the American Indian Religious Freedom Act (42
U.S.C. 1996 et seq.); and
(K) the National Historic Preservation Act of 1966
(16 U.S.C. 470 et seq.).
(11) Fair treatment.--The term ``fair treatment'' means the
conduct of a program, policy, practice, or activity by a
Federal agency in a manner that ensures that no group of
individuals (including racial, ethnic, or socioeconomic groups)
experience a disproportionate burden of adverse human health or
environmental effects resulting from such program, policy,
practice, or activity, as determined through consultation with,
and with the meaningful participation of, individuals from the
communities affected by a program, policy, practice, or
activity of a Federal agency.
(12) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(13) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town, township,
local public authority, school district, special
district, intrastate district, council of governments
(regardless of whether the council of governments is
incorporated as a nonprofit corporation under State
law), regional or interstate governmental entity, or
agency or instrumentality of a local government; or
(B) an Indian Tribe or authorized Tribal
organization, or Alaska Native village or organization.
(14) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(15) Population.--The term ``population'' means a census
block group or series of geographically contiguous blocks
representing certain common characteristics, such as race,
ethnicity, national origin, income level, health disparities,
or other public health and socioeconomic attributes.
(16) State.--The term ``State'' means--
(A) any State of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa; and
(G) the Commonwealth of the Northern Mariana
Islands.
(17) Tribal and indigenous community.--The term ``Tribal
and Indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native community or organization;
(D) a Native Hawaiian community or organization; or
(E) any other Indigenous community located in a
State.
(18) White house interagency council.--The term ``White
House interagency council'' means the White House Environmental
Justice Interagency Council described in section 8.
(19) Tribal organizations.--The term ``Tribal
Organizations'' means organizations that are--
(A) defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b);
(B) Native Hawaiian Organizations or Native
Hawaiian Non-Profit Organizations as defined in section
2 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001); or
(C) Urban Indian Organizations as defined in the
Indian Health Care Improvement Act (25 U.S.C.
1603(29)).
SEC. 4. PROHIBITED DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is
amended--
(1) by striking ``No'' and inserting ``(a) No''; and
(2) by adding at the end the following:
``(b)(1)(A) Discrimination (including exclusion from participation
and denial of benefits) based on disparate impact is established under
this title if--
``(i) an entity subject to this title (referred to in this
subsection as a `covered entity') has a program, policy,
practice, or activity that causes a disparate impact on the
basis of race, color, or national origin and the covered entity
fails to demonstrate that the challenged program, policy,
practice, or activity is related to and necessary to achieve
the nondiscriminatory goal of the program, policy, practice, or
activity alleged to have been operated in a discriminatory
manner; or
``(ii) a less discriminatory alternative program, policy,
practice, or activity exists, and the covered entity refuses to
adopt such alternative program, policy, practice, or activity.
``(B) With respect to demonstrating that a particular program,
policy, practice, or activity does not cause a disparate impact, the
covered entity shall demonstrate that each particular challenged
program, policy, practice, or activity does not cause a disparate
impact, except that if the covered entity demonstrates to the courts
that the elements of the covered entity's decision-making process are
not capable of separation for analysis, the decision-making process may
be analyzed as 1 program, policy, practice, or activity.
``(2) A demonstration that a program, policy, practice, or activity
is necessary to achieve the goals of a program, policy, practice, or
activity may not be used as a defense against a claim of intentional
discrimination under this title.
``(3) In this subsection--
``(A) the term `demonstrates' means to meet the burdens of
going forward with the evidence and of persuasion; and
``(B) the term `disparate impact' has the meaning given the
term in section 3 of the A. Donald McEachin Environmental
Justice For All Act.
``(c) No person in the United States shall be subjected to
discrimination, including retaliation or intimidation, because such
person opposed any program, policy, practice, or activity prohibited by
this title, or because such person made a charge, testified, assisted,
or participated in any manner in an investigation, proceeding, or
hearing under this title.''.
SEC. 5. RIGHT OF ACTION.
(a) In General.--Section 602 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure to comply with this
title, including any regulation promulgated pursuant to this title, may
file suit in any district court of the United States having
jurisdiction of the parties, without respect to the amount in
controversy and without regard to the citizenship of the parties.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment of
this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 6. RIGHTS OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by inserting after section 602 the following:
``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
``(a) Claims Based on Proof of Intentional Discrimination.--In an
action brought by an aggrieved person under this title against an
entity subject to this title (referred to in this section as a `covered
entity') who has engaged in unlawful intentional discrimination (not a
practice that is unlawful because of its disparate impact) prohibited
under this title (including its implementing regulations), the
aggrieved person may recover equitable and legal relief (including
compensatory and punitive damages), attorney's fees (including expert
fees), and costs of the action, except that punitive damages are not
available against a government, government agency, or political
subdivision.
``(b) Claims Based on the Disparate Impact Standard of Proof.--In
an action brought by an aggrieved person under this title against a
covered entity who has engaged in unlawful discrimination based on
disparate impact prohibited under this title (including implementing
regulations), the aggrieved person may recover attorney's fees
(including expert fees), and costs of the action.
``(c) Definitions.--In this section:
``(1) Aggrieved person.--The term `aggrieved person' means
a person aggrieved by discrimination on the basis of race,
color, or national origin.
``(2) Disparate impact.--The term `disparate impact' has
the meaning given the term in section 3 of the A. Donald
McEachin Environmental Justice For All Act.''.
SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT VIOLATIONS
IN CERTAIN PERMITTING DECISIONS.
(a) Federal Water Pollution Control Act.--Section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended--
(1) by striking the section designation and heading and all
that follows through ``Except as'' in subsection (a)(1) and
inserting the following:
``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
``(a) Permits Issued by Administrator.--
``(1) In general.--Except as'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``upon condition that such
discharge will meet either (A) all'' and
inserting the following: ``subject to the
conditions that--
``(A) the discharge will achieve compliance with,
as applicable--
``(i) all'';
(ii) by striking ``403 of this Act, or (B)
prior'' and inserting the following: ``403; or
``(ii) prior''; and
(iii) by striking ``this Act.'' and
inserting the following: ``this Act; and
``(B) with respect to the issuance or renewal of
the permit--
``(i) based on an analysis by the
Administrator of existing water quality and the
potential cumulative impacts (as defined in
section 501 of the Clean Air Act (42 U.S.C.
7661)) of the discharge, considered in
conjunction with the designated and actual uses
of the impacted navigable water, there exists a
reasonable certainty of no harm to the health
of the general population, or to any
potentially exposed or susceptible
subpopulation; or
``(ii) if the Administrator determines
that, due to those potential cumulative
impacts, there does not exist a reasonable
certainty of no harm to the health of the
general population, or to any potentially
exposed or susceptible subpopulation, the
permit or renewal includes such terms and
conditions as the Administrator determines to
be necessary to ensure a reasonable certainty
of no harm.''; and
(B) in paragraph (2), by striking ``assure
compliance with the requirements of paragraph (1) of
this subsection, including conditions on data and
information collection, reporting, and such other
requirements as he deems appropriate.'' and inserting
the following: ``ensure compliance with the
requirements of paragraph (1), including--
``(A) conditions relating to--
``(i) data and information collection;
``(ii) reporting; and
``(iii) such other requirements as the
Administrator determines to be appropriate; and
``(B) additional controls or pollution prevention
requirements.''; and
(3) in subsection (b)--
(A) in each of paragraphs (1)(D), (2)(B), and (3)
through (7), by striking the semicolon at the end and
inserting a period;
(B) in paragraph (8), by striking ``; and'' at the
end and inserting a period; and
(C) by adding at the end the following:
``(10) To ensure that no permit will be issued or renewed if, with
respect to an application for the permit, the State determines, based
on an analysis by the State of existing water quality and the potential
cumulative impacts (as defined in section 501 of the Clean Air Act (42
U.S.C. 7661)) of the discharge, considered in conjunction with the
designated and actual uses of the impacted navigable water, that the
terms and conditions of the permit or renewal would not be sufficient
to ensure a reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or susceptible
subpopulation.''.
(b) Clean Air Act.--
(1) Definitions.--Section 501 of the Clean Air Act (42
U.S.C. 7661) is amended--
(A) in the matter preceding paragraph (1), by
striking ``As used in this title--'' and inserting ``In
this title:'';
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (5), and (4), respectively, and
moving the paragraphs so as to appear in numerical
order; and
(C) by inserting after paragraph (1) the following:
``(2) Cumulative impacts.--The term `cumulative impacts'
means any exposure to a public health or environmental risk, or
other effect occurring in a specific geographical area,
including from an emission, discharge, or release--
``(A) including--
``(i) environmental pollution released--
``(I)(aa) routinely;
``(bb) accidentally; or
``(cc) otherwise; and
``(II) from any source, whether
single or multiple; and
``(ii) as assessed based on the combined
past, present, and reasonably foreseeable
emissions and discharges affecting the
geographical area; and
``(B) evaluated taking into account sensitive
populations and other factors that may heighten
vulnerability to environmental pollution and associated
health risks, including socioeconomic
characteristics.''.
(2) Permit programs.--Section 502(b) of the Clean Air Act
(42 U.S.C. 7661a(b)) is amended--
(A) in paragraph (5)--
(i) in subparagraphs (A) and (C), by
striking ``assure'' each place it appears and
inserting ``ensure''; and
(ii) by striking subparagraph (F) and
inserting the following:
``(F) ensure that no permit will be issued or
renewed, as applicable, if--
``(i) with respect to an application for a
permit or renewal of a permit for a major
source, the permitting authority determines
under paragraph (9)(A)(i)(II)(bb) that the
terms and conditions of the permit or renewal
would not be sufficient to ensure a reasonable
certainty of no harm to the health of the
general population, or to any potentially
exposed or susceptible subpopulation, of the
applicable census block groups or Tribal census
block groups (as those terms are defined by the
Director of the Bureau of the Census); or
``(ii) the Administrator objects to the
issuance of the permit in a timely manner under
this title.''; and
(B) by striking paragraph (9) and inserting the
following:
``(9) Major sources.--
``(A) In general.--With respect to any permit or
renewal of a permit, as applicable, for a major source,
a requirement that the permitting authority shall--
``(i) in determining whether to issue or
renew the permit--
``(I) evaluate the potential
cumulative impacts of the major source,
as described in the applicable
cumulative impacts analysis submitted
under section 503(b)(3), taking into
consideration other pollution sources
and risk factors within a community;
``(II) if, due to those potential
cumulative impacts, the permitting
authority cannot determine that there
exists a reasonable certainty of no
harm to the health of the general
population, or to any potentially
exposed or susceptible subpopulation,
of any census block groups or Tribal
census block groups (as those terms are
defined by the Director of the Bureau
of the Census) located in, or
immediately adjacent to, the area in
which the major source is, or is
proposed to be, located--
``(aa) include in the
permit or renewal such
standards and requirements
(including additional controls
or pollution prevention
requirements) as the permitting
authority determines to be
necessary to ensure a
reasonable certainty of no such
harm; or
``(bb) if the permitting
authority determines that
standards and requirements
described in item (aa) would
not be sufficient to ensure a
reasonable certainty of no such
harm, deny the issuance or
renewal of the permit;
``(III) determine whether the
applicant is a persistent violator,
based on such criteria relating to the
history of compliance by an applicant
with this Act as the Administrator
shall establish by not later than 180
days after the date of enactment of the
A. Donald McEachin Environmental
Justice For All Act;
``(IV) if the permitting authority
determines under subclause (III) that
the applicant is a persistent violator
and the permitting authority does not
deny the issuance or renewal of the
permit pursuant to subclause (II)(bb)--
``(aa) require the
applicant to submit a plan that
describes--
``(AA) if the
applicant is not in
compliance with this
Act, measures the
applicant will carry
out to achieve that
compliance, together
with an approximate
deadline for that
achievement;
``(BB) measures the
applicant will carry
out, or has carried out
to ensure the applicant
will remain in
compliance with this
Act, and to mitigate
the environmental and
health effects of
noncompliance; and
``(CC) the measures
the applicant has
carried out in
preparing the plan to
consult or negotiate
with the communities
affected by each
persistent violation
addressed in the plan;
and
``(bb) once such a plan is
submitted, determine whether
the plan is adequate to
ensuring that the applicant--
``(AA) will achieve
compliance with this
Act expeditiously;
``(BB) will remain
in compliance with this
Act;
``(CC) will
mitigate the
environmental and
health effects of
noncompliance; and
``(DD) has
solicited and responded
to community input
regarding the plan; and
``(V) deny the issuance or renewal
of the permit if the permitting
authority determines that--
``(aa) the plan submitted
under subclause (IV)(aa) is
inadequate; or
``(bb)(AA) the applicant
has submitted a plan on a prior
occasion, but continues to be a
persistent violator; and
``(BB) no indication exists
of extremely exigent
circumstances excusing the
persistent violations; and
``(ii) in the case of such a permit with a
term of 3 years or longer, require permit
revisions in accordance with subparagraph (B).
``(B) Revision requirements.--
``(i) Deadline.--A revision described in
subparagraph (A)(ii) shall occur as
expeditiously as practicable and consistent
with the procedures established under paragraph
(6) but not later than 18 months after the
promulgation of such standards and regulations.
``(ii) Exception.--A revision under this
paragraph shall not be required if the
effective date of the standards or regulations
is a date after the expiration of the permit
term.
``(iii) Treatment as renewal.--A permit
revision under this paragraph shall be treated
as a permit renewal if it complies with the
requirements of this title regarding
renewals.''.
(3) Permit applications.--Section 503(b) of the Clean Air
Act (42 U.S.C. 7661b(b)) is amended by adding at the end the
following:
``(3) Major source analyses.--The regulations required by
section 502(b) shall include a requirement that an applicant
for a permit or renewal of a permit for a major source shall
submit, together with the compliance plan required under this
subsection, a cumulative impacts analysis for each census block
group or Tribal census block group (as those terms are defined
by the Director of the Bureau of the Census) located in, or
immediately adjacent to, the area in which the major source is,
or is proposed to be, located that analyzes--
``(A) community demographics and locations of
community exposure points, such as schools, day care
centers, nursing homes, hospitals, health clinics,
places of religious worship, parks, playgrounds, and
community centers;
``(B) air quality and the potential effect on that
air quality of emissions of air pollutants (including
pollutants listed under section 108 or 112) from the
major source, including in combination with existing
sources of pollutants;
``(C) the potential effects on soil quality and
water quality of emissions of lead and other air
pollutants that could contaminate soil or water from
the major source, including in combination with
existing sources of pollutants; and
``(D) public health and any potential effects on
public health from the major source.''.
SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTERAGENCY COUNCIL.
(a) In General.--The President shall maintain within the Executive
Office of the President a White House Environmental Justice Interagency
Council.
(b) Purposes.--The purposes of the White House interagency council
are--
(1) to improve coordination and collaboration among Federal
agencies and to help advise and assist Federal agencies in
identifying and addressing, as appropriate, the
disproportionate human health and environmental effects of
Federal programs, policies, practices, and activities on
communities of color, low-income communities, and Tribal and
Indigenous communities;
(2) to promote meaningful involvement and due process in
the development, implementation, and enforcement of
environmental laws;
(3) to coordinate with, and provide direct guidance and
technical assistance to, environmental justice communities,
with a focus on capacity building and increasing community
understanding of the science, regulations, and policy related
to Federal agency actions on environmental justice issues;
(4) to address environmental health, pollution, and public
health burdens in environmental justice communities, and build
healthy, sustainable, and resilient communities; and
(5) to develop and update a strategy to address current and
historical environmental injustice, in consultation with the
National Environmental Justice Advisory Council and local
environmental justice leaders, that includes--
(A) clear performance metrics to ensure
accountability; and
(B) an annually published public performance
scorecard on the implementation of the White House
interagency council.
(c) Composition.--The White House interagency council shall be
composed of members as follows (or their designee):
(1) The Secretary of Agriculture.
(2) The Secretary of Commerce.
(3) The Secretary of Defense.
(4) The Secretary of Education.
(5) The Secretary of Energy.
(6) The Secretary of Health and Human Services.
(7) The Secretary of Homeland Security.
(8) The Secretary of Housing and Urban Development.
(9) The Secretary of the Interior.
(10) The Attorney General.
(11) The Secretary of Labor.
(12) The Secretary of Transportation.
(13) The Administrator of the Environmental Protection
Agency.
(14) The Director of the Office of Management and Budget.
(15) The Director of the Office of Science and Technology
Policy.
(16) The Deputy Assistant to the President for
Environmental Policy.
(17) The Assistant to the President for Domestic Policy.
(18) The Director of the National Economic Council.
(19) The Chairperson of the Council on Environmental
Quality.
(20) The Chairperson of the Council of Economic Advisers.
(21) The Director of the National Institutes of Health.
(22) The Director of the Office of Environmental Justice.
(23) The Chairperson of the Consumer Product Safety
Commission.
(24) The Chairperson of the Chemical Safety Board.
(25) The Director of the National Park Service.
(26) The Assistant Secretary of the Bureau of Indian
Affairs.
(27) The Chairperson of the National Environmental Justice
Advisory Council.
(28) The head of any other agency that the President may
designate.
(d) Governance.--The Chairperson of the Council on Environmental
Quality shall serve as Chairperson of the White House interagency
council.
(e) Reporting to President.--The White House interagency council
shall report to the President through the Chairperson of the Council on
Environmental Quality.
(f) Uniform Consideration Guidance.--
(1) In general.--To ensure that there is a common level of
understanding of terminology used in dealing with environmental
justice issues, not later than 1 year after the date of
enactment of this Act, after coordinating with and conducting
outreach to environmental justice communities, State
governments, Indian Tribes, and local governments, the White
House interagency council shall develop and publish in the
Federal Register a guidance document to assist Federal agencies
in defining and applying the following terms:
(A) Health disparities.
(B) Environmental exposure disparities.
(C) Demographic characteristics, including age,
sex, and race or ethnicity.
(D) Social stressors, including poverty, housing
quality, access to health care, education, immigration
status, linguistic isolation, historical trauma, and
lack of community resources.
(E) Cumulative impacts or risks.
(F) Community vulnerability or susceptibility to
adverse human health and environmental effects
(including climate change).
(G) Barriers to meaningful involvement in the
development, implementation, and enforcement of
environmental laws.
(H) Community capacity to address environmental
concerns, including the capacity to obtain equitable
access to environmental amenities.
(2) Public comment.--For a period of not less than 30 days,
the White House interagency council shall seek public comment
on the guidance document developed under paragraph (1).
(3) Documentation.--Not later than 90 days after the date
of publication of the guidance document under paragraph (1),
the head of each Federal agency participating in the White
House interagency council shall document the ways in which the
Federal agency will incorporate guidance from the document into
the environmental justice strategy of the Federal agency
developed and finalized under section 9(b).
(g) Development of Interagency Federal Environmental Justice
Strategy.--
(1) In general.--Not less frequently than once every 3
years, after notice and opportunity for public comment, the
White House interagency council shall update a coordinated
interagency Federal environmental justice strategy to address
current and historical environmental injustice.
(2) Development of strategy.--In carrying out paragraph
(1), the White House interagency council shall--
(A) consider the most recent environmental justice
strategy of each Federal agency that participates in
the White House interagency council that is developed
and finalized under section 9(b);
(B) consult with the National Environmental Justice
Advisory Council and local environmental justice
leaders; and
(C) include in the interagency Federal
environmental justice strategy clear performance
metrics to ensure accountability.
(3) Annual performance scorecard.--The White House
interagency council shall annually publish a public performance
scorecard on the implementation of the interagency Federal
environmental justice strategy.
(h) Submission of Report to President.--
(1) In general.--Not later than 180 days after updating the
interagency Federal environmental justice strategy under
subsection (g)(1), the White House interagency council shall
submit to the President a report that contains--
(A) a description of the implementation of the
interagency Federal environmental justice strategy; and
(B) a copy of the finalized environmental justice
strategy of each Federal agency that participates in
the White House interagency council that is developed
and finalized under section 9(b).
(2) Public availability.--The head of each Federal agency
that participates in the White House interagency council shall
make the report described in paragraph (1) available to the
public (including by posting a copy of the report on the
website of each Federal agency).
(i) Administration.--
(1) Office of administration.--The Office of Administration
within the Executive Office of the President shall provide
funding and administrative support for the White House
interagency council, to the extent permitted by law and within
existing appropriations.
(2) Other agencies.--To the extent permitted by law,
including section 1535 of title 31, United States Code
(commonly known as the ``Economy Act''), and subject to the
availability of appropriations, the Secretary of Labor, the
Secretary of Transportation, and the Administrator of the
Environmental Protection Agency shall provide administrative
support for the White House interagency council, as necessary.
(j) Meetings and Staff.--
(1) Chairperson.--The Chairperson of the Council on
Environmental Quality shall--
(A) convene regular meetings of the White House
interagency council;
(B) determine the agenda of the White House
interagency council in accordance with this section;
and
(C) direct the work of the White House interagency
council.
(2) Executive director.--The Chairperson of the Council on
Environmental Quality shall designate an Executive Director of
the White House interagency council, who shall coordinate the
work of, and head any staff assigned to, the White House
interagency council.
(k) Officers.--To facilitate the work of the White House
interagency council, the head of each agency described in subsection
(c) shall assign a designated official within the agency to be an
Environmental Justice Officer, with the authority--
(1) to represent the agency on the White House interagency
council; and
(2) to perform such other duties relating to the
implementation of this section within the agency as the head of
the agency determines to be appropriate.
(l) Establishment of Subgroups.--At the direction of the
Chairperson of the Council on Environmental Quality, the White House
interagency council may establish 1 or more subgroups consisting
exclusively of White House interagency council members or their
designees under this section, as appropriate.
SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBILITIES.
(a) Conduct of Programs.--Each Federal agency that participates in
the White House interagency council shall conduct each program, policy,
practice, and activity of the Federal agency that adversely affects, or
has the potential to adversely affect, human health or the environment
in a manner that ensures that each such program, policy, practice, or
activity does not have an effect of excluding any individual from
participating in, denying any individual the benefits of, or subjecting
any individual to discrimination or disparate impact under, such
program, policy, practice, or activity of the Federal agency on the
basis of the race, color, national origin, or income level of the
individual.
(b) Federal Agency Environmental Justice Strategies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and after notice and opportunity for
public comment, each Federal agency that participates in the
White House interagency council shall develop and finalize an
agencywide environmental justice strategy that--
(A) identifies staff to support implementation of
the Federal agency's environmental justice strategy;
(B) identifies and addresses any disproportionately
high or adverse human health or environmental effects
of its programs, policies, practices, and activities
on--
(i) communities of color;
(ii) low-income communities; and
(iii) Tribal and Indigenous communities;
and
(C) complies with each requirement described in
paragraph (2).
(2) Contents.--Each environmental justice strategy
developed by a Federal agency under paragraph (1) shall
contain--
(A) an assessment that identifies each program,
policy, practice, and activity (including any public
participation process) of the Federal agency, relating
to human health or the environment that the Federal
agency determines should be revised--
(i) to ensure that all persons have the
same degree of protection from environmental
and health hazards;
(ii) to ensure meaningful public
involvement and due process in the development,
implementation, and enforcement of all Federal
laws;
(iii) to improve direct guidance and
technical assistance to environmental justice
communities with respect to the understanding
of the science, regulations, and policy related
to Federal agency action on environmental
justice issues;
(iv) to improve awareness of environmental
justice issues relating to agency activities,
including awareness among impacted parents and
children in environmental justice communities;
(v) to improve cooperation with State
governments, Indian Tribes, and local
governments to address pollution and public
health burdens in environmental justice
communities, and build healthy, sustainable,
and resilient communities;
(vi) to improve Federal research and data
collection efforts related to--
(I) the health and environment of
communities of color, low-income
communities, and Tribal and Indigenous
communities;
(II) climate change; and
(III) the inequitable distribution
of burdens and benefits of the
management and use of natural
resources, including water, minerals,
and land; and
(vii) to reduce or eliminate
disproportionately adverse human health or
environmental effects on communities of color,
low-income communities, and Tribal and
Indigenous communities; and
(B) a timetable for the completion of--
(i) each revision identified under
subparagraph (A); and
(ii) an assessment of the economic and
social implications of each revision identified
under subparagraph (A).
(3) Reports.--
(A) Annual reports.--Not later than 2 years after
the finalization of an environmental justice strategy
under this subsection, and annually thereafter, a
Federal agency that participates in the White House
interagency council shall submit to the White House
interagency council a report describing the progress of
the Federal agency in implementing the environmental
justice strategy of the Federal agency.
(B) Periodic reports.--In addition to the annual
reports described in subparagraph (A), upon receipt of
a request from the White House interagency council, a
Federal agency shall submit to the White House
interagency council a report that contains such
information as the White House interagency council may
require.
(4) Revision of agencywide environmental justice
strategy.--Not later than 5 years after the date of enactment
of this Act, each Federal agency that participates in the White
House interagency council shall--
(A) evaluate and revise the environmental justice
strategy of the Federal agency; and
(B) submit to the White House interagency council a
copy of the revised version of the environmental
justice strategy of the Federal agency.
(5) Petition.--
(A) In general.--The head of a Federal agency may
submit to the President a petition for an exemption of
any requirement described in this section with respect
to any program or activity of the Federal agency if the
head of the Federal agency determines that complying
with such requirement would compromise the agency's
ability to carry out its core missions.
(B) Availability to public.--Each petition
submitted by a Federal agency to the President under
subparagraph (A) shall be made available to the public
(including through a description of the petition on the
website of the Federal agency).
(C) Consideration.--In determining whether to grant
a petition for an exemption submitted by a Federal
agency to the President under subparagraph (A), the
President shall make a decision that reflects both the
merits of the specific case and the broader national
interest in breaking cycles of environmental injustice,
and shall consider whether the granting of the petition
would likely--
(i) result in disproportionately adverse
human health or environmental effects on
communities of color, low-income communities,
and Tribal and Indigenous communities; or
(ii) exacerbate, or fail to ameliorate, any
disproportionately adverse human health or
environmental effect on any community of color,
low-income community, or Tribal and Indigenous
community.
(D) Appeal.--
(i) In general.--Not later than 90 days
after the date on which the President approves
a petition under this paragraph, an individual
may appeal the decision of the President to
approve the petition.
(ii) Written appeal.--
(I) In general.--To appeal a
decision of the President under clause
(i), an individual shall submit a
written appeal to--
(aa) the Council on
Environmental Quality;
(bb) the Deputy Assistant
to the President for
Environmental Policy; or
(cc) the Assistant to the
President for Domestic Policy.
(II) Contents.--A written appeal
shall contain a description of each
reason why the exemption that is the
subject of the petition is unnecessary.
(iii) Requirement of president.--Not later
than 90 days after the date on which an agency
or officer described in clause (ii)(I) receives
a written appeal submitted by an individual
under that clause, the President shall provide
to the individual a written notification
describing the decision of the President with
respect to the appeal.
(c) Human Health and Environmental Research, Data Collection, and
Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental, public access, or
human health research, include diverse segments of the
population in epidemiological and clinical studies,
including segments at high risk from environmental
hazards, such as communities of color, low-income
communities, and Tribal and Indigenous communities;
(B) in conducting environmental or human health
analyses, identify multiple and cumulative exposures,
including potentially exacerbated risks due to current
and future climate impacts; and
(C) actively encourage and solicit community-based
science, and provide to communities of color, low-
income communities, and Tribal and Indigenous
communities the opportunity to comment on and
participate in the development and design of research
strategies carried out pursuant to this Act.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including section
552a of title 5, United States Code (commonly known as the
``Privacy Act'')), each Federal agency shall--
(A) collect, maintain, and analyze information
assessing and comparing environmental and human health
risks borne by populations identified by race, national
origin, income, or other readily available and
appropriate information; and
(B) use that information to determine whether the
programs, policies, and activities of the Federal
agency have disproportionally adverse human health or
environmental effects on communities of color, low-
income communities, and Tribal and Indigenous
communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency
environmental justice strategies under subsection (b), each
Federal agency, to the maximum extent practicable and permitted
by applicable law, shall collect, maintain, and analyze
information relating to the race, national origin, and income
level, and other readily accessible and appropriate
information, for communities of color, low-income communities,
and Tribal and Indigenous communities in proximity to any
facility or site expected to have a substantial environmental,
human health, or economic effect on the surrounding
populations, if the facility or site becomes the subject of a
substantial Federal environmental administrative or judicial
action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information relating
to the race, national origin, and income level, and other
readily accessible and appropriate information, for communities
of color, low-income communities, and Tribal and Indigenous
communities in proximity to any facility of the Federal agency
that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-to-Know Act of
1986 (42 U.S.C. 11001 et seq.), as required by
Executive Order 12898 (42 U.S.C. 4321 note; relating to
Federal actions to address environmental justice in
minority populations and low-income populations); and
(B) expected to have a substantial environmental,
human health, or economic effect on surrounding
populations.
(d) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information
available concerning methods for evaluating the human
health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(e) Mapping and Screening Tool.--The Administrator shall make
available to the public an environmental justice mapping and screening
tool (such as EJScreen or an equivalent tool) that includes, at a
minimum, the following features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(5) Data on national parks and other federally protected
natural, historic, and cultural sites.
(f) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(g) Information Sharing.--In carrying out this section, each
Federal agency, to the maximum extent practicable and permitted by
applicable law, shall share information and eliminate unnecessary
duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State
governments, local governments, and Indian Tribes.
(h) Codification of Guidance.--
(1) Council on environmental quality.--Sections II and III
of the guidance issued by the Council on Environmental Quality
entitled ``Environmental Justice Guidance Under the National
Environmental Policy Act'' and dated December 10, 1997, are
enacted into law.
(2) Environmental protection agency.--The guidance issued
by the Environmental Protection Agency entitled ``EPA Policy on
Consultation and Coordination with Indian Tribes: Guidance for
Discussing Tribal Treaty Rights'' and dated February 2016 is
enacted into law.
SEC. 10. OMBUDS.
(a) Establishment.--The Administrator shall establish within the
Environmental Protection Agency a position of Environmental Justice
Ombuds.
(b) Reporting.--The Environmental Justice Ombuds shall--
(1) report directly to the Administrator; and
(2) not be required to report to the Office of
Environmental Justice of the Environmental Protection Agency.
(c) Functions.--The Environmental Justice Ombuds shall--
(1) in coordination with the Inspector General of the
Environmental Protection Agency, establish an independent,
neutral, accessible, confidential, and standardized process--
(A) to receive, review, and process complaints and
allegations with respect to environmental justice
programs and activities of the Environmental Protection
Agency; and
(B) to assist individuals in resolving complaints
and allegations described in subparagraph (A),
including training on restorative justice and conflict
resolution;
(2) identify and thereafter review, examine, and make
recommendations to the Administrator to address recurring and
chronic complaints regarding specific environmental justice
programs and activities of the Environmental Protection Agency
identified by the Ombuds pursuant to paragraph (1);
(3) review the Environmental Protection Agency's compliance
with policies and standards of the Environmental Protection
Agency with respect to its environmental justice programs and
activities; and
(4) produce an annual report that details the findings of
the regional staff, feedback received from environmental
justice communities, and recommendations to increase
cooperation between the Environmental Protection Agency and
environmental justice communities.
(d) Availability of Report.--The Administrator shall make each
report produced pursuant to subsection (c) available to the public
(including by posting a copy of the report on the website of the
Environmental Protection Agency).
(e) Regional Staff.--
(1) Authority of environmental justice ombuds.--The
Administrator shall allow the Environmental Justice Ombuds to
hire such staff as the Environmental Justice Ombuds determines
to be necessary to carry out at each regional office of the
Environmental Protection Agency the functions of the
Environmental Justice Ombuds described in subsection (c).
(2) Purposes.--Staff hired pursuant to paragraph (1)
shall--
(A) foster cooperation between the Environmental
Protection Agency and environmental justice
communities;
(B) consult with environmental justice communities
on the development of policies and programs of the
Environmental Protection Agency;
(C) receive feedback from environmental justice
communities on the performance of the Environmental
Protection Agency; and
(D) compile and submit to the Environmental Justice
Ombuds such information as may be necessary for the
Ombuds to produce the annual report described in
subsection (c).
(3) Full-time position.--Each individual hired by the
Environmental Justice Ombuds under paragraph (1) shall be hired
as a full-time employee of the Environmental Protection Agency.
SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUBLIC RECREATION
OPPORTUNITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that represents or otherwise serves a qualifying urban
area.
(2) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means an organization that 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.
(3) Entity.--The term ``entity'' means--
(A) a State;
(B) a political subdivision of a State, including--
(i) a city;
(ii) a county; and
(iii) a special purpose district that
manages open space, including a park district;
and
(C) an Indian Tribe, urban Indian organization, or
Alaska Native or Native Hawaiian community or
organization.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(5) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) an amount equal to 200 percent of the Federal
poverty line.
(6) Outdoor recreation legacy partnership program.--The
term ``Outdoor Recreation Legacy Partnership Program'' means
the program established under subsection (b)(1).
(7) Qualifying urban area.--The term ``qualifying urban
area'' means--
(A) an urbanized area or urban cluster that has a
population of 25,000 or more in the most recent census;
(B) 2 or more adjacent urban clusters with a
combined population of 25,000 or more in the most
recent census; or
(C) an area administered by an Indian Tribe or an
Alaska Native or Native Hawaiian community
organization.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States.
(b) Grants Authorized.--
(1) Establishment of program.--
(A) In general.--The Secretary shall establish an
outdoor recreation legacy partnership program under
which the Secretary may award grants to eligible
entities for projects--
(i) to acquire land and water for parks and
other outdoor recreation purposes in qualifying
urban areas; and
(ii) to develop new or renovate existing
outdoor recreation facilities that provide
outdoor recreation opportunities to the public
in qualifying urban areas.
(B) Priority.--In awarding grants to eligible
entities under subparagraph (A), the Secretary shall
give priority to projects that--
(i) create or significantly enhance access
to park and recreational opportunities in an
urban neighborhood or community;
(ii) engage and empower underserved
communities and youth;
(iii) provide employment or job training
opportunities for youth or underserved
communities;
(iv) establish or expand public-private
partnerships, with a focus on leveraging
resources; and
(v) take advantage of coordination among
various levels of government.
(2) Matching requirement.--
(A) In general.--As a condition of receiving a
grant under paragraph (1), an eligible entity shall
provide matching funds in the form of cash or an in-
kind contribution in an amount equal to not less than
100 percent of the amounts made available under the
grant.
(B) Waiver.--The Secretary may waive all or part of
the matching requirement under subparagraph (A) if the
Secretary determines that--
(i) no reasonable means are available
through which the eligible entity can meet the
matching requirement; and
(ii) the probable benefit of the project
outweighs the public interest in the matching
requirement.
(C) Administrative expenses.--Not more than 10
percent of funds provided to an eligible entity under a
grant awarded under paragraph (1) may be used for
administrative expenses.
(3) Considerations.--In awarding grants to eligible
entities under paragraph (1), the Secretary shall consider the
extent to which a project would--
(A) provide recreation opportunities in underserved
communities in which access to parks is not adequate to
meet local needs;
(B) provide opportunities for outdoor recreation
and public land volunteerism;
(C) support innovative or cost-effective ways to
enhance parks and other recreation--
(i) opportunities; or
(ii) delivery of services;
(D) support park and recreation programming
provided by cities, including cooperative agreements
with community-based eligible nonprofit organizations;
(E) develop Native American event sites and
cultural gathering spaces;
(F) expand access to parks and recreational
opportunities for Americans of all abilities; and
(G) provide benefits such as community resilience,
reduction of urban heat islands, enhanced water or air
quality, or habitat for fish or wildlife.
(4) Eligible uses.--
(A) In general.--Subject to subparagraph (B), a
grant recipient may use a grant awarded under paragraph
(1) for a project described in subparagraph (A) or (B)
of that paragraph.
(B) Limitations on use.--A grant recipient may not
use grant funds for--
(i) incidental costs related to land
acquisition, including appraisal and titling;
(ii) operation and maintenance activities;
(iii) facilities that support
semiprofessional or professional athletics;
(iv) indoor facilities, such as recreation
centers or facilities that support primarily
non-outdoor purposes; or
(v) acquisition of land or interests in
land that restrict access to specific persons.
(c) Review and Evaluation Requirements.--In carrying out the
Outdoor Recreation Legacy Partnership Program, the Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information to eligible entities (including low-income
communities and eligible entities serving low-income
communities) on--
(A) the opportunity to apply for grants under this
section;
(B) the application procedures by which eligible
entities may apply for grants under this section; and
(C) eligible uses for grants under this section.
(d) Reporting.--
(1) Annual reports.--Not later than 30 days after the last
day of each report period, each State lead agency that receives
a grant under this section shall annually submit to the
Secretary performance and financial reports that--
(A) summarize project activities conducted during
the report period; and
(B) provide the status of the project.
(2) Final reports.--Not later than 90 days after the
earlier of the date of expiration of a project period or the
completion of a project, each State lead agency that receives a
grant under this section shall submit to the Secretary a final
report containing such information as the Secretary may
require.
SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Critically underserved community.--The term
``critically underserved community'' means--
(A) a community that can demonstrate to the
Secretary that the community has inadequate,
insufficient, or no park space or recreation
facilities, including by demonstrating--
(i) quality concerns relating to the
available park space or recreation facilities;
(ii) the presence of recreational
facilities that do not serve the needs of the
community; or
(iii) the inequitable distribution of park
space for high-need populations, based on
income, age, or other measures of vulnerability
and need;
(B) a community in which at least 50 percent of the
population is not located within \1/2\ mile of park
space;
(C) a community that is designated as a qualified
opportunity zone under section 1400Z-1 of the Internal
Revenue Code of 1986; or
(D) any other community that the Secretary
determines to be appropriate.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a political subdivision of a State (including a
city or a county) that represents or otherwise serves
an urban area or a rural area;
(C) a special purpose district (including a park
district);
(D) an Indian Tribe that represents or otherwise
serves an urban area or a rural area; or
(E) a metropolitan planning organization (as
defined in section 134(b) of title 23, United States
Code).
(3) Program.--The term ``program'' means the Transit to
Trails Grant Program established under subsection (b)(1).
(4) Rural area.--The term ``rural area'' means a community
that is not an urban area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) Transportation connector.--
(A) In general.--The term ``transportation
connector'' means a system that--
(i) connects 2 ZIP Codes or communities
within a 175-mile radius of a designated
service area; and
(ii) offers rides available to the public.
(B) Inclusions.--The term ``transportation
connector'' includes microtransits, bus lines, bus
rails, light rail, rapid transits, or personal rapid
transits.
(7) Urban area.--The term ``urban area'' means a community
that--
(A) is densely developed;
(B) has residential, commercial, and other
nonresidential areas; and
(C)(i) is an urbanized area with a population of
50,000 or more; or
(ii) is an urban cluster with a population of--
(I) not less than 2,500; and
(II) not more than 50,000.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a grant
program, to be known as the ``Transit to Trails Grant
Program'', under which the Secretary shall award grants to
eligible entities for--
(A) projects that develop transportation connectors
or routes in or serving, and related education
materials for, critically underserved communities to
increase access and mobility to Federal or non-Federal
public land, waters, parkland, or monuments; or
(B) projects that facilitate transportation
improvements to enhance access to Federal or non-
Federal public land and recreational opportunities in
critically underserved communities.
(2) Administration.--
(A) In general.--The Secretary shall administer the
program to assist eligible entities in the development
of transportation connectors or routes in or serving,
and related education materials for, critically
underserved communities and Federal or non-Federal
public land, waters, parkland, and monuments.
(B) Joint partnerships.--The Secretary shall
encourage joint partnership projects under the program,
if available, among multiple agencies, including school
districts, nonprofit organizations, metropolitan
planning organizations, regional transportation
authorities, transit agencies, and State and local
governmental agencies (including park and recreation
agencies and authorities) to enhance investment of
public sources.
(C) Annual grant project proposal solicitation,
review, and approval.--
(i) In general.--The Secretary shall--
(I) annually solicit the submission
of project proposals for grants from
eligible entities under the program;
and
(II) review each project proposal
submitted under subclause (I) on a
timeline established by the Secretary.
(ii) Required elements for project
proposal.--A project proposal submitted under
clause (i)(I) shall include--
(I) a statement of the purposes of
the project;
(II) the name of the entity or
individual with overall responsibility
for the project;
(III) a description of the
qualifications of the entity or
individuals identified under subclause
(II);
(IV) a description of--
(aa) staffing and
stakeholder engagement for the
project;
(bb) the logistics of the
project; and
(cc) anticipated outcomes
of the project;
(V) a proposed budget for the funds
and time required to complete the
project;
(VI) information regarding the
source and amount of matching funding
available for the project;
(VII) information that demonstrates
the clear potential of the project to
contribute to increased access to
parkland for critically underserved
communities; and
(VIII) any other information that
the Secretary considers to be necessary
for evaluating the eligibility of the
project for funding under the program.
(iii) Consultation; approval or
disapproval.--The Secretary shall, with respect
to each project proposal submitted under this
subparagraph, as appropriate--
(I) consult with the government of
each State in which the proposed
project is to be conducted;
(II) after taking into
consideration any comments resulting
from the consultation under subclause
(I), approve or disapprove the
proposal; and
(III) provide written notification
of the approval or disapproval to--
(aa) the individual or
entity that submitted the
proposal; and
(bb) each State consulted
under subclause (I).
(D) Priority.--To the extent practicable, in
determining whether to approve project proposals under
the program, the Secretary shall prioritize projects
that are designed to increase access and mobility to
local or neighborhood Federal or non-Federal public
land, waters, parkland, monuments, or recreational
opportunities.
(3) Transportation planning procedures.--
(A) Procedures.--In consultation with the head of
each appropriate Federal land management agency, the
Secretary shall develop, by rule, transportation
planning procedures for projects conducted under the
program that are consistent with metropolitan and
statewide planning processes.
(B) Requirements.--All projects carried out under
the program shall be developed in cooperation with
States and metropolitan planning organizations.
(4) Non-federal contributions.--
(A) In general.--As a condition of receiving a
grant under the program, an eligible entity shall
provide funds in the form of cash or an in-kind
contribution in an amount equal to not less than 100
percent of the amount of the grant.
(B) Sources.--The non-Federal contribution required
under subparagraph (A) may include amounts made
available from State, local, nongovernmental, or
private sources.
(5) Eligible uses.--Grant funds provided under the program
may be used--
(A) to develop transportation connectors or routes
in or serving, and related education materials for,
critically underserved communities to increase access
and mobility to Federal and non-Federal public land,
waters, parkland, and monuments; and
(B) to create or significantly enhance access to
Federal or non-Federal public land and recreational
opportunities in an urban area or a rural area.
(6) Grant amount.--A grant provided under the program shall
be--
(A) not less than $25,000; and
(B) not more than $500,000.
(7) Technical assistance.--It is the intent of Congress
that grants provided under the program deliver project funds to
areas of greatest need while offering technical assistance to
all applicants and potential applicants for grant preparation
to encourage full participation in the program.
(8) Public information.--The Secretary shall ensure that
current schedules and routes for transportation systems
developed after the receipt of a grant under the program are
available to the public, including on a website maintained by
the recipient of a grant.
(c) Reporting Requirement.--
(1) Reports by grant recipients.--The Secretary shall
require a recipient of a grant under the program to submit to
the Secretary at least 1 performance and financial report
that--
(A) includes--
(i) demographic data on communities served
by the project; and
(ii) a summary of project activities
conducted after receiving the grant; and
(B) describes the status of each project funded by
the grant as of the date of the report.
(2) Additional reports.--In addition to the report required
under paragraph (1), the Secretary may require additional
reports from a recipient, as the Secretary determines to be
appropriate, including a final report.
(3) Deadlines.--The Secretary shall establish deadlines for
the submission of each report required under paragraph (1) or
(2).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal
year.
SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUTDOORS PROGRAM.
Section 9001(b) of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (16 U.S.C. 6804 note; Public Law 116-9)
is amended by striking paragraph (5).
SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST
HARMFUL FEDERAL ACTIONS.
(a) Purpose.--The purpose of this section is to establish
additional protections relating to Federal actions affecting
environmental justice communities in recognition of the
disproportionate burden of adverse human health or environmental
effects faced by such communities.
(b) Definitions.--In this section:
(1) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of environmental impacts of a proposed action required to be
prepared pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(2) Federal action.--The term ``Federal action'' means a
proposed action that requires the preparation of an
environmental impact statement, environmental assessment,
categorical exclusion, or other document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Preparation of a Community Impact Report.--A Federal agency
proposing to take a Federal action that has the potential to cause
negative environmental or public health impacts on an environmental
justice community shall prepare a community impact report assessing the
potential impacts of the proposed action.
(d) Contents.--A community impact report described in subsection
(c) shall--
(1) assess the degree to which a proposed Federal action
affecting an environmental justice community will cause
multiple or cumulative exposure to human health and
environmental hazards that influence, exacerbate, or contribute
to adverse health outcomes;
(2) assess relevant public health data and industry data
concerning the potential for multiple or cumulative exposure to
human health or environmental hazards in the area of the
environmental justice community and historical patterns of
exposure to environmental hazards and Federal agencies shall
assess these multiple, or cumulative effects, even if certain
effects are not within the control or subject to the discretion
of the Federal agency proposing the Federal action;
(3) assess the impact of such proposed Federal action on
such environmental justice community's ability to access public
parks, outdoor spaces, and public recreation opportunities;
(4) evaluate alternatives to or mitigation measures for the
proposed Federal action that will--
(A) eliminate or reduce any identified exposure to
human health and environmental hazards described in
paragraph (1) to a level that is reasonably expected to
avoid human health impacts in environmental justice
communities; and
(B) not negatively impact an environmental justice
community's ability to access public parks, outdoor
spaces, and public recreation opportunities;
(5) analyze any alternative developed by members of an
affected environmental justice community that meets the purpose
and need of the proposed action;
(6) assess the impact on access to reliable energy sources
and on electricity prices for low-income communities, minority
communities, Native Americans, and senior citizens;
(7) assess the impact of the Federal action on drought,
domestic food availability, and domestic food prices; and
(8) assess the impact on timely meeting net-zero goals as
outlined in Executive Order 14057.
(e) Delegation.--Federal agencies shall not delegate responsibility
for the preparation of a community impact report described in
subsection (c) to any other entity.
(f) National Environmental Policy Act Requirements for
Environmental Justice Communities.--When carrying out the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a proposed Federal action that may affect an environmental
justice community, a Federal agency shall--
(1) consider all potential direct, indirect, and cumulative
impacts caused by the action, alternatives to such action, and
mitigation measures on the environmental justice community
required by that Act;
(2) require any public comment period carried out during
the scoping phase of the environmental review process to be not
less than 90 days;
(3) provide early and meaningful community involvement
opportunities by--
(A) holding multiple hearings in such community
regarding the proposed Federal action in each prominent
language within the environmental justice community;
and
(B) providing notice of any step or action in the
process under that Act that involves public
participation to any representative entities or
organizations present in the environmental justice
community, including--
(i) local religious organizations;
(ii) civic associations and organizations;
(iii) business associations of people of
color;
(iv) environmental and environmental
justice organizations, including community-
based grassroots organizations led by people of
color;
(v) homeowners', tenants', and neighborhood
watch groups;
(vi) local governments and Indian Tribes;
(vii) rural cooperatives;
(viii) business and trade organizations;
(ix) community and social service
organizations;
(x) universities, colleges, and vocational
schools;
(xi) labor and other worker organizations;
(xii) civil rights organizations;
(xiii) senior citizens' groups; and
(xiv) public health agencies and clinics;
and
(4) provide translations of publicly available documents
made available pursuant to that Act in any language spoken by
more than 5 percent of the population residing within the
environmental justice community.
(g) Communication Methods and Requirements.--Any notice provided
under subsection (f)(3)(B) shall be provided--
(1) through communication methods that are accessible in
the environmental justice community, which may include
electronic media, newspapers, radio, direct mailings,
canvassing, and other outreach methods particularly targeted at
communities of color, low-income communities, and Tribal and
Indigenous communities; and
(2) at least 30 days before any hearing in such community
or the start of any public comment period.
(h) Requirements for Actions Requiring an Environmental Impact
Statement.--For any proposed Federal action affecting an environmental
justice community requiring the preparation of an environmental impact
statement, the Federal agency shall provide the following information
when giving notice of the proposed action:
(1) A description of the proposed action.
(2) An outline of the anticipated schedule for completing
the process under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), with a description of key milestones.
(3) An initial list of alternatives and potential impacts.
(4) An initial list of other existing or proposed sources
of multiple or cumulative exposure to environmental hazards
that contribute to higher rates of serious illnesses within the
environmental justice community.
(5) An agency point of contact.
(6) Timely notice of locations where comments will be
received or public meetings held.
(7) Any telephone number or locations where further
information can be obtained.
(i) National Environmental Policy Act Requirements for Indian
Tribes.--When carrying out the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
proposed Federal action that may affect an Indian Tribe, a Federal
agency shall--
(1) seek Tribal representation in the process in a manner
that is consistent with the government-to-government
relationship between the United States and Indian Tribes, the
Federal Government's trust responsibility to federally
recognized Indian Tribes, and any treaty rights;
(2) ensure that an Indian Tribe is invited to hold the
status of a cooperating agency throughout the process under
that Act for any proposed action that could impact an Indian
Tribe, including actions that could impact off reservation
lands and sacred sites; and
(3) invite an Indian Tribe to hold the status of a
cooperating agency in accordance with paragraph (2) not later
than the date on which the scoping process for a proposed
action requiring the preparation of an environmental impact
statement commences.
(j) Agency Determinations.--Federal agency determinations about the
analysis of a community impact report described in subsection (c) shall
be subject to judicial review to the same extent as any other analysis
performed under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(k) Effective Date.--This section shall take effect 1 year after
the date of enactment of this Act.
(l) Savings Clause.--Nothing in this section diminishes--
(1) any right granted through the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
(2) the requirements under that Act to consider direct,
indirect, and cumulative impacts.
SEC. 15. STRENGTHENING COMMUNITY PROTECTIONS UNDER THE NATIONAL
ENVIRONMENTAL POLICY ACT.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended--
(1) in section 101(a)--
(A) by striking ``man's'' and inserting ``human'';
and
(B) by striking ``man'' each place it appears and
inserting ``humankind'';
(2) in section 102--
(A) by striking ``The Congress authorizes and
directs that, to the fullest extent possible:'' and
inserting ``The Congress authorizes and directs that,
notwithstanding any other provision of law and to the
fullest extent possible:'';
(B) in paragraph (2)--
(i) by striking ``insure'' each place it
appears and inserting ``ensure'';
(ii) in subparagraph (A), by striking
``man's'' and inserting ``the human''; and
(iii) in subparagraph (C)--
(I) by striking clause (iii) and
inserting the following:
``(iii) a reasonable range of alternatives that--
``(I) are technically feasible,
``(II) are economically feasible, and
``(III) where applicable, do not cause or
contribute to adverse cumulative effects,
including effects caused by exposure to
environmental pollution, on an overburdened
community that are higher than those borne by
other communities within the State, county, or
other geographic unit of analysis as determined
by the agency preparing or having taken primary
responsibility for preparing the environmental
document pursuant to this Act, except that
where the agency determines that an alternative
will serve a compelling public interest in the
affected overburdened community with conditions
to protect public health,''; and
(II) in clause (iv), by striking
``man's'' and inserting ``the human'';
(C) in subparagraph (E), by inserting ``that are
consistent with subparagraph (C)(3)'' after ``describe
appropriate alternatives''; and
(D) in subparagraph (F), by striking ``mankind's''
and inserting ``humankind's''; and
(3) by adding at the end the following:
``SEC. 106. DEFINITIONS.
``In this Act:
``(1) Effect; impact.--The terms `effect' and `impact' mean
changes to the human environment from the proposed action or
alternatives that are reasonably foreseeable and include the
following:
``(A) Direct effects, which are caused by the
action and occur at the same time and place.
``(B) Indirect effects, which are caused by the
action and are later in time or farther removed in
distance, but are still reasonably foreseeable.
Indirect effects may include growth inducing effects
and other effects related to induced changes in the
pattern of land use, population density or growth rate,
and related effects on air and water and other natural
systems, including ecosystems.
``(C) Cumulative effects, which are effects on the
environment that result from the incremental effects of
the action when added to the effects of other past,
present, and reasonably foreseeable actions regardless
of what agency (Federal or non-Federal) or person
undertakes such other actions. Cumulative effects can
result from individually minor but collectively
significant actions taking place over a period of time.
``(D) Effects that are ecological (such as the
effects on natural resources and on the components,
structures, and functioning of affected ecosystems),
aesthetic, historic, cultural, economic, social,
health, whether direct, indirect, or cumulative.
Effects may also include those resulting from actions
which may have both beneficial and detrimental effects,
even if on balance the agency believes that the effects
will be beneficial.
``(2) Limited english proficiency.--The term `limited
English proficiency' means that a household does not have an
adult that speaks English very well according to the United
States Census Bureau.
``(3) Low-income household.--The term `low-income
household' means a household that is at or below twice the
poverty threshold as that threshold is determined annually by
the United States Census Bureau.
``(4) Overburdened community.--The term `overburdened
community' means any census block group, as determined in
accordance with the most recent United States Census, in which:
``(A) at least 35 percent of the households qualify
as low-income households;
``(B) at least 40 percent of the residents identify
as minority or as members of a Tribal and Indigenous
community; or
``(C) at least 40 percent of the households have
limited English proficiency.
``(5) Tribal and indigenous community.--The term `Tribal
and Indigenous community' means a population of people who are
members of--
``(A) a federally recognized Indian Tribe;
``(B) a State-recognized Indian Tribe;
``(C) an Alaska Native or Native Hawaiian community
or organization; or
``(D) any other community of Indigenous people
located in a State.''.
SEC. 16. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.
(a) Initial Training.--Not later than 1 year after the date of
enactment of this Act, each employee of the Department of Energy, the
Environmental Protection Agency, the Department of the Interior, and
the National Oceanic and Atmospheric Administration shall complete an
environmental justice training program to ensure that each such
employee--
(1) has received training in environmental justice; and
(2) is capable of--
(A) appropriately incorporating environmental
justice concepts into the daily activities of the
employee; and
(B) increasing the meaningful participation of
individuals from environmental justice communities in
the activities of the applicable agency.
(b) Mandatory Participation.--Effective on the date that is 1 year
after the date of enactment of this Act, each individual hired by the
Department of Energy, the Environmental Protection Agency, the
Department of the Interior, and the National Oceanic and Atmospheric
Administration after that date shall be required to participate in
environmental justice training.
(c) Requirement Relating to Certain Employees.--
(1) In general.--With respect to each Federal agency that
participates in the Working Group, not later than 30 days after
the date on which an individual is appointed to the position of
environmental justice coordinator, Environmental Justice
Ombuds, or any other position the responsibility of which
involves the conduct of environmental justice activities, the
individual shall be required to possess documentation of the
completion by the individual of environmental justice training.
(2) Effect.--If an individual described in paragraph (1)
fails to meet the requirement described in that paragraph, the
Federal agency at which the individual is employed shall
transfer the individual to a different position until the date
on which the individual completes environmental justice
training.
(3) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Inspector General of each Federal
agency that participates in the Working Group shall evaluate
the training programs of such Federal agency to determine if
such Federal agency has improved the rate of training of the
employees of such Federal agency to ensure that each employee
has received environmental justice training.
SEC. 17. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) Environmental Justice Community Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(A) building capacity to address issues relating to
environmental justice; and
(B) carrying out any activity described in
paragraph (4).
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall be a nonprofit,
community-based organization that conducts activities,
including providing medical and preventive health services, to
reduce the disproportionate health impacts of environmental
pollution in the environmental justice community at which the
eligible entity proposes to conduct an activity that is the
subject of the application described in paragraph (3).
(3) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
(A) an outline describing the means by which the
project proposed by the eligible entity will--
(i) with respect to environmental and
public health issues at the local level,
increase the understanding of the environmental
justice community at which the eligible entity
will conduct the project;
(ii) improve the ability of the
environmental justice community to address each
issue described in clause (i);
(iii) facilitate collaboration and
cooperation among various stakeholders
(including members of the environmental justice
community); and
(iv) support the ability of the
environmental justice community to proactively
plan and implement just sustainable community
development and revitalization initiatives,
including countering displacement and
gentrification;
(B) a proposed budget for each activity of the
project that is the subject of the application;
(C) a list of proposed outcomes with respect to the
proposed project;
(D) a description of the ways by which the eligible
entity may leverage the funds of the eligible entity,
or the funds made available through a grant under this
subsection, to develop a project that is capable of
being sustained beyond the period of the grant; and
(E) a description of the ways by which the eligible
entity is linked to, and representative of, the
environmental justice community at which the eligible
entity will conduct the project.
(4) Use of funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
environmental justice concerns and improve the health or
environment of the environmental justice community, including
activities--
(A) to create or develop collaborative
partnerships;
(B) to educate and provide outreach services to the
environmental justice community;
(C) to identify and implement projects to address
environmental or public health concerns; or
(D) to develop a comprehensive understanding of
environmental or public health issues.
(5) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing the ways by which the
grant program under this subsection has helped
community-based nonprofit organizations address issues
relating to environmental justice.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2024 through 2028.
(b) State Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
States to enable the States--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in the State, including reducing economic
vulnerabilities that result in the environmental
justice communities being disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), a State shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice at the State level; and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the State allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), a State shall
demonstrate to the Administrator that the State has the
ability to continue each program that is the subject of
funds provided through a grant under paragraph (1)
after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
State to address environmental justice issues;
and
(iii) the activities carried out by each
State to reduce or eliminate disproportionately
adverse human health or environmental effects
on environmental justice communities in the
State.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2024 through 2028.
(c) Tribal Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
Indian Tribes--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in Tribal and Indigenous communities,
including reducing economic vulnerabilities that result
in the Tribal and Indigenous communities being
disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), an Indian Tribe shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice in Tribal and Indigenous communities;
and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the Indian Tribe allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), an Indian Tribe
shall demonstrate to the Administrator that the Indian
Tribe has the ability to continue each program that is
the subject of funds provided through a grant under
paragraph (1) after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
Indian Tribe to address environmental justice
issues; and
(iii) the activities carried out by each
Indian Tribe to reduce or eliminate
disproportionately adverse human health or
environmental effects on applicable
environmental justice communities in Tribal and
Indigenous communities.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2024 through 2028.
(d) Community-Based Participatory Research Grant Program.--
(1) Establishment.--The Administrator, in consultation with
the Director, shall establish a program under which the
Administrator shall provide not more than 25 multiyear grants
to eligible entities to carry out community-based participatory
research--
(A) to address issues relating to environmental
justice;
(B) to improve the environment of residents and
workers in environmental justice communities; and
(C) to improve the health outcomes of residents and
workers in environmental justice communities.
(2) Eligibility.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall be a
partnership composed of--
(A) an accredited institution of higher education;
and
(B) a community-based organization.
(3) Application.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall submit to
the Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(A) a detailed description of the partnership of
the eligible entity that, as determined by the
Administrator, demonstrates the participation of
members of the community at which the eligible entity
proposes to conduct the research; and
(B) a description of--
(i) the project proposed by the eligible
entity; and
(ii) the ways by which the project will--
(I) address issues relating to
environmental justice;
(II) assist in the improvement of
health outcomes of residents and
workers in environmental justice
communities; and
(III) assist in the improvement of
the environment of residents and
workers in environmental justice
communities.
(4) Public availability.--The Administrator shall make the
results of the grants provided under this subsection available
to the public, including by posting on the website of the
Environmental Protection Agency a copy of the grant awards and
an annual report at the beginning of each fiscal year
describing the research findings associated with each grant
provided under this subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2024 through 2028.
SEC. 18. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.
(a) Establishment.--The Administrator shall establish a basic
training program, in coordination and consultation with nongovernmental
environmental justice organizations, to increase the capacity of
residents of environmental justice communities to identify and address
disproportionately adverse human health or environmental effects by
providing culturally and linguistically appropriate--
(1) training and education relating to--
(A) basic and advanced techniques for the
detection, assessment, and evaluation of the effects of
hazardous substances on human health;
(B) methods to assess the risks to human health
presented by hazardous substances;
(C) methods and technologies to detect hazardous
substances in the environment;
(D) basic biological, chemical, and physical
methods to reduce the quantity and toxicity of
hazardous substances;
(E) the rights and safeguards currently afforded to
individuals through policies and laws intended to help
environmental justice communities address disparate
impacts and discrimination, including--
(i) environmental laws; and
(ii) section 602 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-1);
(F) public engagement opportunities through the
policies and laws described in subparagraph (E);
(G) materials available on the Clearinghouse;
(H) methods to expand access to parks and other
natural and recreational amenities; and
(I) finding and applying for Federal grants related
to environmental justice; and
(2) short courses and continuation education programs for
residents of communities who are located in close proximity to
hazardous substances to provide--
(A) education relating to--
(i) the proper manner to handle hazardous
substances;
(ii) the management of facilities at which
hazardous substances are located (including
facility compliance protocols); and
(iii) the evaluation of the hazards that
facilities described in clause (ii) pose to
human health; and
(B) training on environmental and occupational
health and safety with respect to the public health and
engineering aspects of hazardous waste control.
(b) Grant Program.--
(1) Establishment.--In carrying out the basic training
program established under subsection (a), the Administrator may
provide grants to, or enter into any contract or cooperative
agreement with, an eligible entity to carry out any training or
educational activity described in subsection (a).
(2) Eligible entity.--To be eligible to receive assistance
under paragraph (1), an eligible entity shall be an accredited
institution of education in partnership with--
(A) a community-based organization that carries out
activities relating to environmental justice;
(B) a generator of hazardous waste;
(C) any individual who is involved in the
detection, assessment, evaluation, or treatment of
hazardous waste;
(D) any owner or operator of a facility at which
hazardous substances are located; or
(E) any State government, Indian Tribe, or local
government.
(c) Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation with
the Director, shall develop and publish in the Federal Register
a plan to carry out the basic training program established
under subsection (a).
(2) Contents.--The plan described in paragraph (1) shall
contain--
(A) a list that describes the relative priority of
each activity described in subsection (a); and
(B) a description of research and training relevant
to environmental justice issues of communities
adversely affected by pollution.
(3) Coordination with federal agencies.--The Administrator
shall, to the maximum extent practicable, take appropriate
steps to coordinate the activities of the basic training
program described in the plan with the activities of other
Federal agencies to avoid any duplication of effort.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representatives
and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing--
(A) the implementation of the basic training
program established under subsection (a); and
(B) the impact of the basic training program on
improving training opportunities for residents of
environmental justice communities.
(2) Public availability.--The Administrator shall make the
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2028.
SEC. 19. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The President shall establish an advisory
council, to be known as the ``National Environmental Justice Advisory
Council''.
(b) Membership.--The Advisory Council shall be composed of 26
members who have knowledge of, or experience relating to, the effect of
environmental conditions on communities of color, low-income
communities, and Tribal and Indigenous communities, including--
(1) representatives of--
(A) community-based organizations that carry out
initiatives relating to environmental justice,
including grassroots organizations led by people of
color;
(B) State governments, Indian Tribes, and local
governments;
(C) Tribal Organizations and other Indigenous
communities;
(D) nongovernmental and environmental
organizations; and
(E) private sector organizations (including
representatives of industries and businesses); and
(2) experts in the field of--
(A) socioeconomic analysis;
(B) health and environmental effects;
(C) exposure evaluation;
(D) environmental law and civil rights law; or
(E) environmental health science research.
(c) Subcommittees; Workgroups.--
(1) Establishment.--The Advisory Council may establish any
subcommittee or workgroup to assist the Advisory Council in
carrying out any duty of the Advisory Council described in
subsection (d).
(2) Report.--Upon the request of the Advisory Council, each
subcommittee or workgroup established by the Advisory Council
under paragraph (1) shall submit to the Advisory Council a
report that contains--
(A) a description of each recommendation of the
subcommittee or workgroup; and
(B) any advice requested by the Advisory Council
with respect to any duty of the Advisory Council.
(d) Duties.--The Advisory Council shall provide independent advice
and recommendations to the Environmental Protection Agency with respect
to issues relating to environmental justice, including advice--
(1) to help develop, facilitate, and conduct reviews of the
direction, criteria, scope, and adequacy of the scientific
research and demonstration projects of the Environmental
Protection Agency relating to environmental justice;
(2) to improve participation, cooperation, and
communication with respect to such issues--
(A) within the Environmental Protection Agency;
(B) between the Environmental Protection Agency and
other entities; and
(C) between, and among, the Environmental
Protection Agency and Federal agencies, State and local
governments, Indian Tribes, environmental justice
leaders, interest groups, and the public;
(3) requested by the Administrator to help improve the
response of the Environmental Protection Agency in securing
environmental justice for communities of color, low-income
communities, and Tribal and Indigenous communities; and
(4) on issues relating to--
(A) the developmental framework of the
Environmental Protection Agency with respect to the
integration by the Environmental Protection Agency of
socioeconomic programs into the strategic planning,
annual planning, and management accountability of the
Environmental Protection Agency to achieve
environmental justice results throughout the
Environmental Protection Agency;
(B) the measurement and evaluation of the progress,
quality, and adequacy of the Environmental Protection
Agency in planning, developing, and implementing
environmental justice strategies, projects, and
programs;
(C) any existing and future information management
systems, technologies, and data collection activities
of the Environmental Protection Agency (including
recommendations to conduct analyses that support and
strengthen environmental justice programs in
administrative and scientific areas);
(D) the administration of grant programs relating
to environmental justice assistance; and
(E) education, training, and other outreach
activities conducted by the Environmental Protection
Agency relating to environmental justice.
(e) Meetings.--
(1) Frequency.--
(A) In general.--Subject to subparagraph (B), the
Advisory Council shall meet biannually.
(B) Authority of administrator.--The Administrator
may require the Advisory Council to conduct additional
meetings if the Administrator determines that the
conduct of any additional meetings is necessary.
(2) Public participation.--
(A) In general.--Subject to subparagraph (B), each
meeting of the Advisory Council shall be open to the
public to provide the public an opportunity--
(i) to submit comments to the Advisory
Council; and
(ii) to appear before the Advisory Council.
(B) Authority of administrator.--The Administrator
may close any meeting, or portion of any meeting, of
the Advisory Council to the public.
(f) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
apply to the Advisory Council.
(g) Travel Expenses.--The Administrator may provide to any member
of the Advisory Council 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, while away
from the home or regular place of business of the member in the
performance of the duties of the Advisory Council.
SEC. 20. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a public
internet-based clearinghouse, to be known as the Environmental Justice
Clearinghouse.
(b) Contents.--The Clearinghouse shall be composed of culturally
and linguistically appropriate materials related to environmental
justice, including--
(1) information describing the activities conducted by the
Environmental Protection Agency to address issues relating to
environmental justice;
(2) copies of training materials provided by the
Administrator to help individuals and employees understand and
carry out environmental justice activities;
(3) links to web pages that describe environmental justice
activities of other Federal agencies;
(4) a directory of individuals who possess technical
expertise in issues relating to environmental justice;
(5) a directory of nonprofit and community-based
organizations, including grassroots organizations led by people
of color, that address issues relating to environmental justice
at the local, State, and Federal levels (with particular
emphasis given to nonprofit and community-based organizations
that possess the capability to provide advice or technical
assistance to environmental justice communities); and
(6) any other appropriate information as determined by the
Administrator, including information on any resources available
to help address the disproportionate burden of adverse human
health or environmental effects on environmental justice
communities.
(c) Consultation.--In developing the Clearinghouse, the
Administrator shall consult with individuals representing academic and
community-based organizations who have expertise in issues relating to
environmental justice.
(d) Annual Review.--The Advisory Council shall--
(1) conduct a review of the Clearinghouse on an annual
basis; and
(2) recommend to the Administrator any updates for the
Clearinghouse that the Advisory Council determines to be
necessary for the effective operation of the Clearinghouse.
SEC. 21. PUBLIC MEETINGS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and biennially thereafter, the Administrator shall hold
public meetings on environmental justice issues in each region of the
Environmental Protection Agency to gather public input with respect to
the implementation and updating of environmental justice strategies and
efforts of the Environmental Protection Agency.
(b) Outreach to Environmental Justice Communities.--The
Administrator, in advance of the meetings described in subsection (a),
shall to the extent practicable hold multiple meetings in environmental
justice communities in each region to provide meaningful community
involvement opportunities.
(c) Notice.--Notice for the meetings described in subsections (a)
and (b) shall be provided--
(1) to applicable representative entities or organizations
present in the environmental justice community, including--
(A) local religious organizations;
(B) civic associations and organizations;
(C) business associations of people of color;
(D) environmental and environmental justice
organizations;
(E) homeowners', tenants', and neighborhood watch
groups;
(F) local governments;
(G) Indian Tribes, Tribal Organizations, and other
Indigenous communities;
(H) rural cooperatives;
(I) business and trade organizations;
(J) community and social service organizations;
(K) universities, colleges, and vocational schools;
(L) labor organizations;
(M) civil rights organizations;
(N) senior citizens' groups; and
(O) public health agencies and clinics;
(2) through communication methods that are accessible in
the applicable environmental justice community, which may
include electronic media, newspapers, radio, and other media
particularly targeted at communities of color, low-income
communities, and Tribal and Indigenous communities; and
(3) at least 30 days before any such meeting.
(d) Communication Methods and Requirements.--The Administrator
shall--
(1) provide translations of any documents made available to
the public pursuant to this section in any language spoken by
more than 5 percent of the population residing within the
applicable environmental justice community, and make available
translation services for meetings upon request; and
(2) not require members of the public to produce a form of
identification or register their names, provide other
information, complete a questionnaire, or otherwise fulfill any
condition precedent to attending a meeting, but if an
attendance list, register, questionnaire, or other similar
document is utilized during meetings, it shall state clearly
that the signing, registering, or completion of the document is
voluntary.
(e) Required Attendance of Certain Employees.--In holding a public
meeting under subsection (a), the Administrator shall ensure that at
least 1 employee of the Environmental Protection Agency at the level of
Assistant Administrator is present at the meeting to serve as a
representative of the Environmental Protection Agency.
SEC. 22. ENVIRONMENTAL PROJECTS FOR ENVIRONMENTAL JUSTICE COMMUNITIES.
The Administrator shall ensure that all environmental projects
developed as part of a settlement relating to violations in an
environmental justice community--
(1) are developed through consultation with, and with the
meaningful participation of, individuals in the affected
environmental justice community; and
(2) result in a quantifiable improvement to the health and
well-being of individuals in the affected environmental justice
community.
SEC. 23. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
(a) Grants Authorized.--The Coastal Zone Management Act of 1972 is
amended by inserting after section 309 (16 U.S.C. 1456b) the following:
``SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
``(a) Grants Authorized.--The Secretary may award competitive
grants to Indian Tribes to further achievement of the objectives of
such a Tribe for such Tribe's Tribal coastal zone.
``(b) Federal Share.--
``(1) In general.--The Federal share of the cost of any
activity carried out with a grant under this section shall be--
``(A) in the case of a grant of less than $200,000,
100 percent of such cost; and
``(B) in the case of a grant of $200,000 or more,
95 percent of such cost, except as provided in
paragraph (2).
``(2) Waiver.--The Secretary may waive the application of
paragraph (1)(B) with respect to a grant to an Indian Tribe, or
otherwise reduce the portion of the share of the cost of an
activity required to be paid by an Indian Tribe under such
paragraph, if the Secretary determines that the Tribe does not
have sufficient funds to pay such portion.
``(c) Compatibility.--The Secretary may not award a grant under
this section unless the Secretary determines that the activities to be
carried out with the grant are compatible with this title.
``(d) Authorized Objectives and Purposes.--An Indian Tribe that
receives a grant under this section shall use the grant funds for one
or more of the objectives and purposes authorized under subsections (b)
and (c), respectively, of section 306A.
``(e) Funding.--There is authorized to be appropriated to carry out
this section $5,000,000 for each of fiscal years 2024 through 2028, of
which not more than 3 percent shall be used for administrative costs to
carry out this section.
``(f) Definitions.--In this section:
``(1) Indian land.--The term `Indian land' has the meaning
given such term under section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501).
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Tribal coastal zone.--The term `Tribal coastal zone'
means any Indian land that is within the coastal zone.
``(4) Tribal coastal zone objective.--The term `Tribal
coastal zone objective' means, with respect to an Indian Tribe,
any of the following objectives:
``(A) Protection, restoration, or preservation of
areas in the Tribal coastal zone of such Tribe that--
``(i) hold important ecological, cultural,
or sacred significance for such Tribe; or
``(ii) reflect traditional, historic, and
aesthetic values essential to such Tribe.
``(B) Preparing and implementing a special area
management plan and technical planning for important
coastal areas.
``(C) Any coastal or shoreline stabilization
measure, including any mitigation measure, for the
purpose of public safety, public access, or cultural or
historical preservation.''.
(b) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce shall issue guidance
for the program established under the amendment made by subsection (a),
including the criteria for awarding grants under such program based on
consultation with Indian Tribes (as that term is defined in that
amendment).
(c) Use of State Grants To Fulfill Tribal Objectives.--Section
306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455a(c)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) fulfilling any Tribal coastal zone objective (as that
term is defined in section 309A).''.
(d) Other Programs Not Affected.--Nothing in this section,
including an amendment made by this section, shall be construed to
affect the ability of an Indian Tribe to apply for assistance, receive
assistance under, or participate in any program authorized by any
section of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.) or other related Federal laws.
SEC. 24. COSMETIC LABELING.
(a) In General.--Chapter VI of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 361 et seq.) is amended by adding at the end the
following:
``SEC. 604. LABELING.
``(a) Cosmetic Products for Professional Use.--
``(1) Definition of professional.--With respect to
cosmetics, the term `professional' means an individual who--
``(A) is licensed by an official State authority to
practice in the field of cosmetology, nail care,
barbering, or esthetics;
``(B) has complied with all requirements set forth
by the State for such licensing; and
``(C) has been granted a license by a State board
or legal agency or legal authority.
``(2) Listing of ingredients.--Cosmetic products used and
sold by professionals shall list all ingredients and warnings,
as required for other cosmetic products under this chapter.
``(3) Professional use labeling.--In the case of a cosmetic
product intended to be used only by a professional on account
of a specific ingredient or increased concentration of an
ingredient that requires safe handling by trained
professionals, the product shall bear a statement as follows:
`To be Administered Only by Licensed Professionals'.
``(b) Display Requirements.--A listing required under subsection
(a)(2) and a statement required under subsection (a)(3) shall be
prominently displayed--
``(1) in the primary language used on the label; and
``(2) in conspicuous and legible type in contrast by
typography, layout, or color with other material printed or
displayed on the label.
``(c) Internet Sales.--In the case of internet sales of cosmetics,
each internet website offering a cosmetic product for sale to consumers
shall provide the same information that is included on the packaging of
the cosmetic product as regularly available through in-person sales,
except information that is unique to a single cosmetic product sold in
a retail facility, such as a lot number or expiration date, and the
warnings and statements described in subsection (b) shall be
prominently and conspicuously displayed on the website.
``(d) Contact Information.--The label on each cosmetic shall bear
the domestic telephone number or electronic contact information, and it
is encouraged that the label include both the telephone number and
electronic contact information, that consumers may use to contact the
responsible person with respect to adverse events. The contact number
shall provide a means for consumers to obtain additional information
about ingredients in a cosmetic, including the ability to ask if a
specific ingredient may be present that is not listed on the label,
including whether a specific ingredient may be contained in the
fragrance or flavor used in the cosmetic. The manufacturer of the
cosmetic is responsible for providing such information, including
obtaining the information from suppliers if it is not readily
available. Suppliers are required to release such information upon
request of the cosmetic manufacturer.''.
(b) Misbranding.--Section 602 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the
following:
``(g) If its labeling does not conform with a requirement under
section 604.''.
(c) Effective Date.--Section 604 of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), shall take effect on the date
that is 1 year after the date of enactment of this Act.
SEC. 25. SAFER COSMETIC ALTERNATIVES FOR DISPROPORTIONATELY IMPACTED
COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, shall award grants to eligible
entities--
(1) to support research focused on the design of safer
alternatives to chemicals in cosmetics with inherent toxicity
or associated with chronic adverse health effects; or
(2) to provide educational awareness and community outreach
efforts to educate and promote the use of safer alternatives in
cosmetics.
(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a public institution such as a university, a
nonprofit research institution, or a nonprofit grassroots
organization; and
(2) not benefit from a financial relationship with a
chemical or cosmetics manufacturer, supplier, or trade
association.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing to focus on--
(1) replacing chemicals in professional cosmetic products
used by nail and hair and beauty salon workers with safer
alternatives; or
(2) replacing chemicals in cosmetic products marketed to
women and girls of color, including any such beauty, personal
hygiene, and intimate care products, with safer alternatives.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2027.
SEC. 26. SAFER CHILD CARE CENTERS, SCHOOLS, AND HOMES FOR
DISPROPORTIONATELY IMPACTED COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, in consultation with the Administrator
of the Environmental Protection Agency, shall award grants to eligible
entities to support research focused on the design of safer
alternatives to chemicals in consumer, cleaning, toy, and baby products
with inherent toxicity or that are associated with chronic adverse
health effects.
(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a public institution such as a university or a
nonprofit research institution; and
(2) not benefit from a financial relationship with--
(A) a chemical manufacturer, supplier, or trade
association; or
(B) a cleaning, toy, or baby product manufacturer,
supplier, or trade association.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing to focus on
replacing chemicals in cleaning, toy, or baby products used by
childcare providers with safer alternatives.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2027.
SEC. 27. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF LABELING DOES NOT
INCLUDE INGREDIENTS.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(gg) If it is a menstrual product, such as a menstrual cup, a
scented, scented deodorized, or unscented menstrual pad or tampon, a
therapeutic vaginal douche apparatus, or an obstetrical and
gynecological device described in section 884.5400, 884.5425, 884.5435,
884.5460, 884.5470, or 884.5900 of title 21, Code of Federal
Regulations (or any successor regulation), unless its label or labeling
lists the name of each ingredient or component of the product in order
of the most predominant ingredient or component to the least
predominant ingredient or component.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to products introduced or delivered for introduction into
interstate commerce on or after the date that is one year after the
date of the enactment of this Act.
SEC. 28. SUPPORT BY NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
FOR RESEARCH ON HEALTH DISPARITIES IMPACTING COMMUNITIES
OF COLOR.
Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285l et seq.) is amended by adding at the end the following
new section:
``SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS
IMPACTING COMMUNITIES OF COLOR.
``(a) In General.--The Director of the Institute shall award grants
to eligible entities--
``(1) to expand support for basic, epidemiological, and
social scientific investigations into--
``(A) the chemicals linked (or with possible links)
to adverse health effects most commonly found in
cosmetics marketed to women and girls of color,
including beauty, personal hygiene, and intimate care
products;
``(B) the marketing and sale of such cosmetics
containing chemicals linked to adverse health effects
to women and girls of color across their lifespans;
``(C) the use of such cosmetics by women and girls
of color across their lifespans; or
``(D) the chemicals linked to the adverse health
effects most commonly found in products used by nail,
hair, and beauty salon workers;
``(2) to provide educational awareness and community
outreach efforts to educate and promote the use of safer
alternatives in cosmetics; and
``(3) to disseminate the results of any such research
described in subparagraph (A) or (B) of paragraph (1)
(conducted by the grantee pursuant to this section or
otherwise) to help communities identify and address potentially
unsafe chemical exposures in the use of cosmetics.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a public institution such as a university, a
nonprofit research institution, or a nonprofit grassroots
organization; and
``(2) not benefit from a financial relationship with a
chemical or cosmetics manufacturer, supplier, or trade
association.
``(c) Report.--Not later than the end 1 year after awarding grants
under this section, and each year thereafter, the Director of the
Institute shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, and make publicly available, a report on
the results of the investigations funded under subsection (a),
including--
``(1) summary findings on--
``(A) marketing strategies, product categories, and
specific cosmetics containing ingredients linked to
adverse health effects; and
``(B) the demographics of the populations marketed
to and using cosmetics containing such ingredients for
personal and professional use; and
``(2) recommended public health information strategies to
reduce potentially unsafe exposures to cosmetics.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2027.''.
SEC. 29. REVENUES FOR JUST TRANSITION ASSISTANCE.
(a) Definitions.--In this section:
(1) Nonproducing lease.--The term ``nonproducing lease''
means any Federal onshore or offshore oil or natural gas lease
under which oil or natural gas is produced for fewer than 90
days in an applicable calendar year.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Mineral Leasing Revenue.--
(1) Coal leases.--Section 7(a) of the Mineral Leasing Act
(30 U.S.C. 207(a)) is amended, in the fourth sentence, by
striking ``12\1/2\ per centum'' and inserting ``18.75
percent''.
(2) Leases on land known or believed to contain oil or
natural gas.--Section 17 of the Mineral Leasing Act (30 U.S.C.
226) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in the fourth sentence, by
striking ``shall be held'' and all that
follows through ``are necessary'' and
inserting ``may be held in each State
not more than once each year''; and
(II) in the fifth sentence, by
striking ``12.5 percent'' and inserting
``18.75 percent''; and
(ii) in paragraph (2)(A)(ii), by striking
``12\1/2\ per centum'' and inserting ``18.75
percent'';
(B) in subsection (c)(1), in the second sentence,
by striking ``12.5 percent'' and inserting ``18.75
percent'';
(C) in subsection (l), by striking ``12\1/2\ per
centum'' each place it appears and inserting ``18.75
percent''; and
(D) in subsection (n)(1)(C), by striking ``12\1/2\
per centum'' and inserting ``18.75 percent''.
(3) Reinstatement of leases.--Section 31(e)(3) of the
Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by
striking ``16\2/3\'' each place it appears and inserting
``25''.
(4) Deposits.--Section 35 of the Mineral Leasing Act (30
U.S.C. 191) is amended--
(A) in subsection (a), in the first sentence, by
striking ``All'' and inserting ``Except as provided in
subsection (e), all''; and
(B) by adding at the end the following:
``(e) Distribution of Certain Amounts.--Notwithstanding subsection
(a), the amount of any increase in revenues collected as a result of
the amendments made by subsection (b) of section 29 of the A. Donald
McEachin Environmental Justice For All Act shall be deposited and
distributed in accordance with subsection (d) of that section.''.
(c) Fees for Producing Leases and Nonproducing Leases.--
(1) Conservation of resources fees.--There is established a
fee of $4 per acre per year on producing Federal onshore and
offshore oil and gas leases.
(2) Speculative leasing fees.--There is established a fee
of $6 per acre per year on nonproducing leases.
(d) Deposit.--
(1) In general.--All amounts collected under paragraphs (1)
and (2) of subsection (c) shall be deposited in the Federal
Energy Transition Economic Development Assistance Fund
established by section 30(c).
(2) Mineral leasing revenue.--Notwithstanding any other
provision of law, of the amount of any increase in revenue
collected as a result of the amendments made by subsection
(b)--
(A) 50 percent shall be deposited in the Federal
Energy Transition Economic Development Assistance Fund
established by section 30(c); and
(B) 50 percent shall be distributed to the State in
which the production occurred.
(e) Adjustment for Inflation.--The Secretary shall, by regulation
at least once every 4 years, adjust each fee established by subsection
(c) to reflect any change in the Consumer Price Index (all items,
United States city average) as prepared by the Department of Labor.
SEC. 30. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DEPENDENT COMMUNITIES.
(a) Purpose.--The purpose of this section is to promote economic
revitalization, diversification, and development in communities--
(1) that depend on fossil fuel mining, extraction, or
refining for a significant amount of economic opportunities; or
(2) in which a significant proportion of the population is
employed at electric generating stations that use fossil fuels
as the predominant fuel supply.
(b) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory Committee''
means the Just Transition Advisory Committee established by
subsection (g)(1).
(2) Displaced worker.--The term ``displaced worker'' means
an individual who, due to efforts to reduce net emissions from
public land or as a result of a downturn in fossil fuel mining,
extraction, or production, has suffered a reduction in
employment or economic opportunities.
(3) Fossil fuel.--The term ``fossil fuel'' means coal,
petroleum, natural gas, tar sands, oil shale, or any derivative
of coal, petroleum, or natural gas.
(4) Fossil fuel-dependent community.--The term ``fossil
fuel-dependent community'' means a community--
(A) that depends on fossil fuel mining, and
extraction, or refining for a significant amount of
economic opportunities; or
(B) in which a significant proportion of the
population is employed at electric generating stations
that use fossil fuels as the predominant fuel supply.
(5) Fossil fuel transition community.--The term ``fossil
fuel transition community'' means a community--
(A) that has been adversely affected economically
by a recent reduction in fossil fuel mining,
extraction, or production-related activity, as
demonstrated by employment data, per capita income, or
other indicators of economic distress;
(B) that has historically relied on fossil fuel
mining, extraction, or production-related activity for
a substantial portion of its economy; or
(C) in which the economic contribution of fossil
fuel mining, extraction, or production-related activity
has significantly declined.
(6) Fund.--The term ``Fund'' means the Federal Energy
Transition Economic Development Assistance Fund established by
subsection (c).
(7) Public land.--
(A) In general.--The term ``public land'' means any
land and interest in land owned by the United States
within the several States and administered by the
Secretary or the Secretary of Agriculture (acting
through the Chief of the Forest Service) without regard
to how the United States acquired ownership.
(B) Inclusion.--The term ``public land'' includes
land located on the outer Continental Shelf.
(C) Exclusion.--The term ``public land'' does not
include land held in trust for an Indian Tribe or
member of an Indian Tribe.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Federal Energy Transition Economic Development
Assistance Fund.--There is established in the Treasury of the United
States a fund, to be known as the ``Federal Energy Transition Economic
Development Assistance Fund'', which shall consist of amounts deposited
in the Fund under section 29(d).
(d) Distribution of Funds.--Of the amounts deposited in the Fund--
(1) 35 percent shall be distributed by the Secretary to
States in which extraction of fossil fuels occurs on public
land, based on a formula reflecting existing production and
extraction in the State;
(2) 35 percent shall be distributed by the Secretary to
States based on a formula reflecting the quantity of fossil
fuels historically produced and extracted in the State on
public land before the date of enactment of this Act; and
(3) 30 percent shall be allocated to a competitive grant
program under subsection (f).
(e) Use of Funds.--
(1) In general.--Funds distributed by the Secretary to
States under paragraphs (1) and (2) of subsection (d) may be
used for--
(A) environmental remediation of land and waters
impacted by the full lifecycle of fossil fuel
extraction and mining;
(B) building partnerships to attract and invest in
the economic future of historically fossil fuel-
dependent communities;
(C) increasing capacity and other technical
assistance fostering long-term economic growth and
opportunity in historically fossil fuel-dependent
communities;
(D) guaranteeing pensions, healthcare, and
retirement security and providing a bridge of wage
support until a displaced worker either finds new
employment or reaches retirement;
(E) severance payments for displaced workers;
(F) carbon sequestration projects in natural
systems on public land; or
(G) expanding broadband access and broadband
infrastructure.
(2) Priority to fossil fuel workers.--In distributing funds
under paragraph (1), the Secretary shall give priority to
assisting displaced workers dislocated from fossil fuel mining
and extraction industries.
(f) Competitive Grant Program.--
(1) In general.--The Secretary shall establish a
competitive grant program to provide funds to eligible entities
for the purposes described in paragraph (3).
(2) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means a local government, State
government, or Indian Tribe, local development district (as
defined in section 382E(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-4(a))), a nonprofit
organization, labor union, economic development agency, or
institution of higher education (including a community
college).
(3) Eligible use of funds.--The Secretary may award grants
from amounts in the Fund made available under subsection (d)(3)
for--
(A) the purposes described in subsection (e)(1);
(B)(i) existing job retraining and apprenticeship
programs for displaced workers; or
(ii) programs designed to promote economic
development in communities affected by a downturn in
fossil fuel extraction and mining;
(C) developing projects that--
(i) diversify local and regional economies;
(ii) create jobs in new or existing non-
fossil fuel industries;
(iii) attract new sources of job-creating
investment; or
(iv) provide a range of workforce services
and skills training;
(D) internship programs in a field related to clean
energy; and
(E) the development and support of--
(i) a clean energy certificate program at a
labor organization; or
(ii) a clean energy major or minor program
at an institution of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)).
(g) Just Transition Advisory Committee.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
advisory committee, to be known as the ``Just Transition
Advisory Committee''.
(2) Chair.--The President shall appoint a Chair of the
Advisory Committee.
(3) Duties.--The Advisory Committee shall--
(A) advise, assist, and support the Secretary in--
(i) the management and allocation of funds
available under subsection (d); and
(ii) the establishment and administration
of the competitive grant program under
subsection (f); and
(B) develop procedures to ensure that States and
applicants eligible to participate in the competitive
grant program established under subsection (f) are
notified of the availability of Federal funds pursuant
to this section.
(4) Membership.--
(A) In general.--The total number of members of the
Advisory Committee shall not exceed 20 members.
(B) Composition.--The Advisory Committee shall be
composed of the following members appointed by the
Chair:
(i) A representative of the Assistant
Secretary of Commerce for Economic Development.
(ii) A representative of the Secretary of
Labor.
(iii) A representative of the Under
Secretary for Rural Development.
(iv) 2 individuals with professional
economic development or workforce retraining
experience.
(v) An equal number of representatives from
each of the following:
(I) Labor unions.
(II) Nonprofit environmental
organizations.
(III) Environmental justice
organizations.
(IV) Fossil fuel transition
communities.
(V) Public interest groups.
(VI) Tribal and Indigenous
communities.
(5) Termination.--The Advisory Committee shall not
terminate except by an Act of Congress.
(h) Limit on Use of Funds.--
(1) Administrative costs.--Not more than 7 percent of the
amounts in the Fund may be used for administrative costs
incurred in implementing this section.
(2) Limitation on funds to a single entity.--Not more than
5 percent of the amounts in the Fund may be awarded to a single
eligible entity.
(3) Calendar year limitation.--Not less than 15 percent of
the amounts in the Fund shall be spent in each calendar year.
(i) Use of American Iron, Steel, and Manufactured Goods.--None of
the funds appropriated or otherwise made available by this section may
be used for a project for the construction, alteration, maintenance, or
repair of a public building or public work unless all of the iron,
steel, and manufactured goods used in the project are produced in the
United States, unless the manufactured good is not produced in the
United States.
(j) Submission to Congress.--The Secretary shall submit to the
Committees on Appropriations and Energy and Natural Resources of the
Senate and the Committees on Appropriations and Natural Resources of
the House of Representatives, with the annual budget submission of the
President, a list of projects, including a description of each project,
that received funding under this section in the previous calendar year.
SEC. 31. EVALUATION BY COMPTROLLER GENERAL OF THE UNITED STATES.
Not later than 2 years after the date of enactment of this Act, and
biennially thereafter, the Comptroller General of the United States
shall submit to the Committees on Energy and Commerce and Natural
Resources of the House of Representatives, and the Committees on
Environment and Public Works and Energy and Natural Resources of the
Senate, a report that contains an evaluation of the effectiveness of
each activity carried out under this Act and the amendments made by
this Act.
<all>
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118HR1706 | Michael Enzi Voluntary Protection Program Act | [
[
"H001086",
"Rep. Harshbarger, Diana [R-TN-1]",
"sponsor"
],
[
"T000460",
"Rep. Thompson, Mike [D-CA-4]",
"cosponsor"
]
] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1706 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1706
To authorize the Department of Labor's voluntary protection program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mrs. Harshbarger (for herself and Mr. Thompson of California)
introduced the following bill; which was referred to the Committee on
Education and the Workforce
_______________________________________________________________________
A BILL
To authorize the Department of Labor's voluntary protection program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Michael Enzi Voluntary Protection
Program Act''.
SEC. 2. MICHAEL ENZI VOLUNTARY PROTECTION PROGRAM.
(a) Cooperative Agreements.--The Secretary of Labor shall establish
a program of entering into cooperative agreements with employers to
encourage the establishment of comprehensive safety and health
management systems that include--
(1) requirements for systematic assessment of hazards;
(2) comprehensive hazard prevention, mitigation, and
control programs;
(3) active and meaningful management and employee
participation in the voluntary program described in subsection
(b); and
(4) employee safety and health training.
(b) Michael Enzi Voluntary Protection Program Established.--
(1) Establishment.--
(A) In general.--The Secretary of Labor shall
establish and carry out a voluntary protection program
(consistent with subsection (a)) to encourage
excellence and recognize the achievement of excellence
in both the technical and managerial protection of
employees from occupational hazards.
(B) Designation.--The voluntary protection program
carried out under this section shall be known as the
``Michael Enzi Voluntary Protection Program'' (referred
to in this Act as the ``Program'').
(2) Program requirements.--The Program shall include the
following:
(A) Application.--Employers who volunteer under the
Program shall be required to submit an application to
the Secretary of Labor demonstrating that the worksite
with respect to which the application is made meets
such requirements as the Secretary of Labor may require
for participation in the Program.
(B) Onsite evaluations.--There shall be onsite
evaluations by representatives of the Secretary of
Labor to ensure a high level of protection of
employees. The onsite visits shall not result in
enforcement of citations under the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.).
(C) Information.--Employers who are approved by the
Secretary of Labor for participation in the Program
shall assure the Secretary of Labor that information
about the safety and health program shall be made
readily available to the Secretary of Labor to share
with employees.
(D) Reevaluations.--Periodic reevaluations by the
Secretary of Labor of the employers shall be required
for continued participation in the Program.
(3) Monitoring.--To ensure proper controls and measurement
of program performance for the Program under this section, the
Secretary of Labor shall direct the Assistant Secretary of
Labor for Occupational Safety and Health to take the following
actions:
(A) Develop a documentation policy regarding
information on follow-up actions taken by the regional
offices of the Occupational Safety and Health
Administration in response to fatalities and serious
injuries at worksites participating in the Program.
(B) Establish internal controls that ensure
consistent compliance by the regional offices of the
Occupational Safety and Health Administration with the
Program policies of the Occupational Safety and Health
Administration for conducting onsite reviews and
monitoring injury and illness rates, to ensure that
only qualified worksites participate in the Program.
(C) Establish a system for monitoring the
performance of the Program by developing specific
performance goals and measures for the Program.
(4) Exemptions.--A site with respect to which a Program has
been approved shall, during participation in the Program, be
exempt from programmed inspections.
(5) No payments required.--The Secretary of Labor shall not
require any form of payment for an employer to qualify or
participate in the Program.
(c) Transition.--The Secretary of Labor shall take such steps as
may be necessary for the orderly transition from the cooperative
agreements and voluntary protection programs carried out by the
Occupational Safety and Health Administration as of the day before the
date of enactment of this Act, to the cooperative agreements and
Program authorized under this section. In making such transition, the
Secretary shall ensure that--
(1) the Program authorized under this section is based upon
and consistent with the voluntary protection programs carried
out on the day before the date of enactment of this Act; and
(2) each employer that, as of the day before the date of
enactment of this Act, had an active cooperative agreement
under the voluntary protection programs carried out by the
Occupational Safety and Health Administration and was in good
standing with respect to the duties and responsibilities under
such agreement, shall have the option to continue participating
in the Program authorized under this section.
(d) Regulations and Implementation.--Not later than 2 years after
the date of enactment of this Act, the Secretary of Labor shall issue
final regulations for the Program authorized under this section and
shall begin implementation of the Program.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary.
<all>
</pre></body></html>
| [
"Labor and Employment",
"Administrative law and regulatory procedures",
"Department of Labor",
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118HR1707 | SMART Act | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1707 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1707
To amend title 35, United States Code, to provide for an exception from
infringement for certain component parts of motor vehicles.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Mr. Issa (for himself, Mr. Joyce of Ohio, Ms. Lofgren, Ms. Lee of
Florida, Ms. Jackson Lee, and Ms. Perez) introduced the following bill;
which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 35, United States Code, to provide for an exception from
infringement for certain component parts of motor vehicles.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save Money on Auto Repair
Transportation Act'' or the ``SMART Act''.
SEC. 2. EXCEPTION FROM INFRINGEMENT FOR CERTAIN COMPONENT PARTS OF
MOTOR VEHICLES.
Section 271 of title 35, United States Code, is amended by adding
at the end the following:
``(j)(1) In this subsection--
``(A) the term `component part'--
``(i) means a component part of the exterior of a
motor vehicle only, such as a hood, fender, tail light,
side mirror, or quarter panel; and
``(ii) does not include an inflatable restraint
system or other component part located in the interior
of a motor vehicle;
``(B) the term `make' includes any testing of an article of
manufacture;
``(C) the term `motor vehicle' has the meaning given the
term in section 32101(7) of title 49; and
``(D) the term `offer to sell' includes any marketing of an
article of manufacture to prospective purchasers or users and
any pre-sale distribution of the article of manufacture.
``(2) With respect to a design patent that claims a component part
of a motor vehicle as originally manufactured--
``(A) it shall not be an act of infringement of the design
patent to make or offer to sell within the United States, or
import into the United States, any article of manufacture that
is similar or the same in appearance to the component part that
is claimed in the design patent if the purpose of the article
of manufacture is for the repair of a motor vehicle so as to
restore the motor vehicle to the appearance of the motor
vehicle as originally manufactured; and
``(B) after the expiration of a period of 30 months
beginning on the first day on which any such component part is
first offered to the public for sale as part of a motor vehicle
in any country, it shall not be an act of infringement of the
design patent to use or sell within the United States any
article of manufacture that is similar or the same in
appearance to the component part that is claimed in the design
patent if the purpose of the article of manufacture is for the
repair of a motor vehicle so as to restore the motor vehicle to
the appearance of the motor vehicle as originally
manufactured.''.
SEC. 3. CONFORMING AMENDMENT.
Section 289 of title 35, United States Code, is amended--
(1) in the first undesignated paragraph, by striking
``Whoever'' and inserting the following:
``(a) In General.--Whoever'';
(2) in the second undesignated paragraph, by striking
``Nothing'' and inserting the following:
``(c) Relationship to Other Remedies.--Nothing''; and
(3) by inserting after subsection (a), as so designated,
the following:
``(b) Inapplicability.--This section shall not apply to an act
described in paragraph (1) or (2) of subsection (a) if that act would
not be considered an act of infringement under section 271(j)''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of the 90-day period beginning on the date of the enactment
of this Act and shall apply to any patent issued, or application for
patent filed, before, on, or after that effective date.
<all>
</pre></body></html>
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118HR1708 | Housing Is a Human Right Act of 2023 | [
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] | <html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1708 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1708
To address root causes of homelessness, meet the needs of community
members experiencing harms from homelessness, transition communities
towards providing housing for all, end penalization of homelessness,
and ensure full democratic participation and inclusion of persons
experiencing homelessness, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 22, 2023
Ms. Jayapal (for herself, Ms. Meng, Ms. Pressley, Mr. Grijalva, Ms.
Chu, Mr. Bowman, Mr. McGovern, Ms. Schakowsky, Ms. Norton, Mr.
Blumenauer, Ms. Bush, Mr. Garcia of Illinois, Mr. Torres of New York,
Ms. Tlaib, Ms. Lee of California, Ms. Ocasio-Cortez, Ms. Bonamici, Mrs.
Watson Coleman, and Ms. Clarke of New York) introduced the following
bill; which was referred to the Committee on Financial Services, and in
addition to the Committees on House Administration, the Judiciary,
Education and the Workforce, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To address root causes of homelessness, meet the needs of community
members experiencing harms from homelessness, transition communities
towards providing housing for all, end penalization of homelessness,
and ensure full democratic participation and inclusion of persons
experiencing homelessness, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Housing Is a Human
Right Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SUPPORTED ALTERNATIVES TO PENALIZATION OF PERSONS EXPERIENCING
HOMELESSNESS
Sec. 101. Grant authorization.
Sec. 102. Application.
Sec. 103. Use of funds.
Sec. 104. Authorization of appropriations.
TITLE II--INVESTING IN INFRASTRUCTURE TO ADDRESS BASIC HUMAN NEEDS
Sec. 201. CDBG Plus program.
Sec. 202. Library pilot grants.
Sec. 203. Use of unutilized and underutilized public buildings and real
property to assist the homeless.
TITLE III--INVESTING IN COMMUNITY STABILITY AND WELL-BEING
Sec. 301. Treatment of revenue generated.
Sec. 302. Emergency solutions grant program.
Sec. 303. Continuum of care grant program.
Sec. 304. Federal Emergency Management Agency emergency food and
shelter grant program.
Sec. 305. Requirements.
Sec. 306. GAO study of requirements regarding participation and
involvement of homeless individuals.
TITLE IV--ACCESS TO VOTING
Sec. 401. Study of factors adversely affecting ability of homeless and
housing-unstable individuals to vote.
Sec. 402. Grants to facilitate voting by homeless and housing-unstable
individuals.
TITLE V--UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS
Sec. 501. Permanent authorization.
Sec. 502. Functions.
Sec. 503. Advisory board.
Sec. 504. Director.
Sec. 505. Conforming amendment.
TITLE VI--REVENUE RELATED TO HOUSING SPECULATION AND DISPLACEMENT
Sec. 601. Amendments to the tax code.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) At risk of homelessness.--The term ``at risk of
homelessness'' means, with respect to an individual or family,
that the individual or family--
(A) has an annual income that is less than 30
percent of median family income for the area, as
determined by the Secretary;
(B) does not have sufficient resources or support
networks, including family, friends, faith-based
organizations, and other social networks, immediately
available to prevent the individual or family from
moving to an emergency shelter or other place described
in paragraph (3)(A) of this subsection; and
(C)(i) has moved because of economic hardship two
or more times during the 60 days immediately preceding
the application for homelessness prevention assistance
under this Act;
(ii) is living in the home of another because of
economic hardship;
(iii) has been notified in writing that their right
to occupy their current housing or living situation
will be terminated within 21 days of the date of
application for assistance under this Act;
(iv) lives in a hotel or motel and the cost of the
hotel or motel stay is not paid by charitable
organizations or by Federal, State, or local government
programs for low-income individuals;
(v) lives in a single-room occupancy or efficiency
apartment unit in which there reside more than two
persons, or lives in a larger housing unit in which
there reside more than 1.5 people per room, as defined
by the United States Census Bureau;
(vi) is exiting a publicly funded institution, or
system of care, including health-care facilities,
mental health facilities, foster care and other youth
facilities, and correction programs and institutions;
or
(vii) otherwise lives in housing that has
characteristics associated with instability and an
increased risk of homelessness, including those
characteristics identified in the approved consolidated
plan for the applicable jurisdiction.
(2) Cost-burdened.--The term ``cost-burdened'' means, with
respect to an individual or family, that the individual or
family--
(A) spends more than 22 percent of their income on
rent, or other housing-related costs, including
property taxes, utility bills, and mortgage payments,
or both; or
(B) otherwise compromises other basic needs in
order to pay for housing.
(3) Governmental unit; municipality.--The terms
``governmental unit'' and ``municipality'' have the meanings
given such terms in section 101 of title 31, United States
Code.
(4) Homeless.--The term ``homeless'' means, with respect to
an individual or family--
(A) an individual or family who lacks a fixed,
regular, and adequate nighttime residence;
(B) an individual or family with a primary
nighttime residence that is a public or private place
not designed for or ordinarily used as a regular
sleeping accommodation for human beings, including a
car, park, abandoned building, bus or train station,
airport, or camping ground;
(C) an individual or family living in a supervised
publicly or privately operated shelter designated to
provide temporary living arrangements (including hotels
and motels paid for by Federal, State, or local
government programs for low-income individuals or by
charitable organizations, congregate shelters, and
transitional housing);
(D) an individual who resided in a shelter or place
not meant for human habitation and who is exiting an
institution where he or she temporarily resided; and
(E) an individual or family who will imminently
lose their housing, including housing they own, rent,
or live in without paying rent, are sharing with
others, and rooms in hotels or motels not paid for by
Federal, State, or local government programs for low-
income individuals or by charitable organizations.
(5) Housing first.--The term ``Housing First'' means, with
respect to addressing homelessness, an approach to quickly and
successfully connect individuals and families experiencing
homelessness to permanent and affordable housing opportunities
and appropriate services without preconditions and low or no
barriers to entry, including barriers relating to sobriety,
treatment, work requirements, and service participation
requirements.
(6) Housing-unstable.--
(A) In general.--The term ``housing-unstable''
means, with respect to an individual or family that the
individual or family--
(i) lacks a fixed, regular, and adequate
nighttime residence;
(ii) shares housing with other persons due
to loss of housing or economic hardship;
(iii) lives in hotels or motels, trailer
parks, or campgrounds due to lack of
alternative arrangements;
(iv) is awaiting foster care placement;
(v) lives in substandard housing;
(vi) is a child of migrant worker;
(vii) has moved more than three times in
the past year due to economic instability;
(viii) would be unable to pay for housing
if their income decreased by $100 or more or if
they experienced a financial hardship;
(ix) is paying for housing or shelter with
labor or sex;
(x) has housing that is dependent on their
employer;
(xi) is exiting from incarceration
(including pre-trial and pre-conviction
detention; immigration detention; and juvenile
detention) or who will be exiting from
incarceration (including conditional release on
bail or parole) in the next six months, or,
with respect to youth, who is or has been held
in the custody of the Office of Refugee
Resettlement of the Department of Health and
Human Services;
(xii) has an income that does not exceed 50
percent of median income for the area in which
they reside;
(xiii) has a primary income that is fixed
and derived solely from Federal or State
benefits; or
(xiv) is a survivor of domestic violence or
trafficking residing with a perpetrator of
domestic violence or trafficking.
(B) Included populations.--Such term includes an
individual or family who is--
(i) at risk of homelessness, as such term
in defined in this subsection;
(ii) not consistently or safely housed,
including individuals and families at imminent
risk of eviction, who are couch-hopping, have
had to move into the dwelling unit of another
individual or family; or
(iii) homeless in a rural area.
(7) Justice system-involved.--The term ``justice system-
involved'' includes persons who are or have been incarcerated
or held in municipal, State, or Federal jails, prisons,
juvenile facilities, or other types of detention facilities,
who have been held in pre-trial or post-conviction detention,
who have an arrest or conviction regardless of whether they
were detained or incarcerated, who have been held in
immigration detention, or, with respect to youth, who are or
have been held in the custody of the Office of Refugee
Resettlement of the Department of Health and Human Services.
(8) Penalize homelessness.--The term ``penalize
homelessness'' means to impose, by a governmental unit,
criminal or civil penalties on persons who are homeless or
housing unstable in a manner that is related to those persons'
engagement in necessary human activities, including sleeping,
resting, and eating.
(9) Permanent supportive housing.--The term ``permanent
supportive housing'' means housing that provides--
(A) indefinite leasing or rental assistance; and
(B) non-mandatory, culturally competent supportive
services to assist persons to achieve housing stability
and maintain their health and well-being.
(10) Population at higher risk of homelessness.--
(A) In general.--The term ``population at higher
risk of homelessness'' means a group of persons that is
defined by a common characteristic and that has been
found to experience homelessness, housing instability,
or to be cost-burdened at a rate higher than that of
the general public.
(B) Higher rate.--Information that may be used in
demonstrating such a higher rate includes data
generated by the Federal Government, by State or
municipal governments, by peer-reviewed research, and
by organizations having expertise in working with or
advocating on behalf of homeless, housing unstable, or
cost-burdened groups.
(C) Included populations.--Such term shall include
populations for which such higher rate has already been
demonstrated, including Asian, Black, Latino, Native
American, Native Hawaiian, Pacific Islander and other
communities of color; persons with disabilities,
including mental health disabilities, elderly persons,
foster and former foster youth; LGBTQ persons, gender
non-binary and gender non-conforming persons, justice
system-involved persons, and veterans.
TITLE I--SUPPORTED ALTERNATIVES TO PENALIZATION OF PERSONS EXPERIENCING
HOMELESSNESS
SEC. 101. GRANT AUTHORIZATION.
The Attorney General is authorized to make grants to States, units
of local government, public and community defender systems, and
nonprofit organizations to create or expand alternatives to penalizing
homelessness.
SEC. 102. APPLICATION.
(a) In General.--An entity seeking a grant under this title shall
submit to the Attorney General an application at such time, in such
manner, and containing such information as the Attorney General may
reasonably require, including an assurance described in subsection (b).
(b) Assurance Described.--An assurance described in this subsection
is an assurance that the entity has in place a policy protecting
employees, persons, and communities served by the entity from
discrimination under applicable civil rights laws, and that such policy
includes protection from discrimination on the basis of gender-related
identity, appearance, mannerisms, or other gender-related
characteristics of an individual, regardless of the individual's
designated sex at birth.
(c) Nonprofit Expertise.--In addition to the assurance described in
subsection (b), a nonprofit organization seeking a grant under this
title shall demonstrate in its application that it has a proven history
of--
(1) successful engagement with populations experiencing
homelessness and housing instability, including members of a
population at higher risk of homelessness; or
(2) assisting communities to engage in alternatives to
penalizing homelessness.
SEC. 103. USE OF FUNDS.
An entity that receives a grant under this title may use funds
received under this title for any of the following:
(1) Creating or expanding a diversion program, including a
law enforcement assisted diversion program, which program
includes--
(A) a focus on reducing racial disparity in law
enforcement and prosecution;
(B) reliance on harm-reduction principles;
(C) collaboration with community-based, trauma-
informed organizations;
(D) development of pre-arrest diversion programs
that are designed in consultation persons experiencing
homelessness and housing instability, populations at
higher risk of homelessness, and community based health
and service providers; and
(E) a primary focus on providing diversion services
to persons and communities that are homeless or at risk
of homelessness.
(2) Providing technical support to jurisdictions that are
working to reduce the extent to which the laws or policies in
that jurisdiction penalize homelessness, including--
(A) assisting the jurisdiction in creating
procedures, programs, and infrastructure to safeguard
the personal property of persons experiencing
homelessness or housing instability, in consultation
with persons and organizations representing such
persons;
(B) developing protocols for pre-booking diversion
for offenses in cases where the incident is related to
homelessness or housing instability, a mental health
condition, or addiction; and
(C) identifying statutes, regulations, and policies
that penalize homeless and housing unstable persons,
and identifying, pursuing, and implementing
alternatives that promote Housing First, permanent
supportive housing, and the health, safety and self-
determination of such persons.
(3) Creating, supporting, expanding, or studying mobile
crisis intervention teams that are trained to provide
stabilization services to persons with an urgent medical or
psychological need, as an alternative to a law enforcement
response, which teams may include healthcare professionals,
mental health professionals, addiction counselors, housing
referral specialists, groups serving or representing justice
system-involved or housing unstable persons, and other related
resource providers.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$100,000,000 for the first fiscal year commencing after the date of the
enactment of this Act and for each of the next nine succeeding fiscal
years thereafter.
TITLE II--INVESTING IN INFRASTRUCTURE TO ADDRESS BASIC HUMAN NEEDS
SEC. 201. CDBG PLUS PROGRAM.
Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle E--Community Development Block Grant Plus Program
``SEC. 496. CDBG PLUS PROGRAM.
``(a) Authority.--The Secretary of Housing and Urban Development
shall carry out a Community Development Block Grant Plus Program under
this section (in this section referred to as the `CDBG Plus Program')
to provide assistance to units of general local government and States
for activities to benefit homeless, housing unstable, or cost-burdened
households, as such terms are defined in section 2 of the Housing Is a
Human Right Act of 2023.
``(b) Structure.--The CDBG Plus Program shall be carried out in the
same manner and subject to the same requirements and limitations
applicable to the community development block grant program under title
I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.), except to the extent otherwise provided--
``(1) by this section; or
``(2) by the Secretary, to account for differences
between--
``(A) the primary objectives of such block grant
program and the CDBG Plus Program (as provided in
subsection (c) of this section); and
``(B) the primary benefit requirement of such block
grant program under section 101(c) of such Act (42
U.S.C. 5301(c)) and the primary benefit requirement of
the CDBG Plus Program (as provided in subsection (d) of
this section).
``(c) Primary Objective.--The primary objective of this section and
of the CDBG Plus Program of each grantee under the program shall be to
reduce and end homelessness and housing instability and to reduce and
prevent housing-related cost-burdens, with priority given to providing
housing for low-income and extremely low-income households and for
members of a population at higher risk of homelessness, as such term is
defined in section 2 of the Housing Is a Human Right Act of 2023.
``(d) Primary Benefit Requirement.--Consistent with the primary
objective under subsection (c), all of the Federal assistance provided
to States and units of general local government under the CDBG Plus
Program shall be used for the support of activities that benefit
homeless, housing unstable, or cost-burdened households.
``(e) Program Differences.--Notwithstanding any provision of title
I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301
et seq.), the CDBG Plus Program shall be subject to the following
requirements:
``(1) Eligible activities.--Notwithstanding section 105 of
such title (42 U.S.C. 5305), activities assisted under the CDBG
Plus Program may include only the following activities:
``(A) Projects that improve compliance with the
Americans With Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), projects that address other barriers to
full community participation, integration, and access
as identified by directly impacted persons with
disabilities who experience homelessness or housing
instability, and projects directed to the removal of
material and architectural barriers which restrict the
mobility and accessibility of elderly persons and
persons with disabilities, and projects that assist
elderly persons to age in place.
``(B) The acquisition of real property (including
air rights, water rights, and other interests therein),
that--
``(i) is appropriate for rehabilitation,
conservation, or construction of permanent
affordable housing or transitional housing; or
``(ii) is being acquired by or on behalf of
a group of persons who are homeless, housing
unstable, or at risk of homelessness to provide
housing, land, or self-determination to that
group of persons.
``(C) The provision of public services that
increase stability and housing access for persons
experiencing homelessness or housing instability,
including services associated with permanent supportive
housing, housing search and placement support, and
legal services.
``(D) Activities necessary to develop, implement,
or evaluate a comprehensive plan to end homelessness
and housing instability.
``(E) The rehabilitation, development, or
construction of dignified and humane housing that is
permanently affordable to persons earning 30 percent or
less of the median income for the area in which the
housing is located, including the construction and
maintenance of public housing units and the creation of
new forms of housing, such as tiny homes.
``(F) The acquisition, rehabilitation, renovation,
or conversion of transitional housing, temporary
shelters, and other spaces, such as hotels, motels,
government-owned properties, and commercial business
spaces, to address urgent safety and public health
needs for persons experiencing homelessness and housing
instability, except that no funds shall be granted to
any projects by government units or municipalities that
penalize homelessness or force or coerce persons to
utilize those spaces.
``(G) All necessary activities to create, maintain,
and offer to the public the types of infrastructure
necessary to address basic human needs, including
public bathrooms, water fountains, and places to sit
and rest.
``(H) Projects that ensure access to specialized
medical respite housing and associated services and
supports for persons experiencing homelessness or
housing instability who are sick, injured, or who have
been discharged from hospitals, nursing facilities, or
similar facilities.
Notwithstanding any provision of title I of the Housing and
Community Development Act of 1974, the construction of new
affordable housing in accordance with this paragraph is
specifically permitted as an eligible activity of the CDBG Plus
Program.
``(2) Formula distribution.--
``(A) Use of existing regulations.--Until the
regulations required under subparagraph (B) take
effect, amounts made available for assistance under
this title shall be allocated pursuant to the formula
established under section 106 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5306).
``(B) New formula.--Not later than the expiration
of the 12-month period beginning on the date of the
enactment of this Act, the Secretary shall issue
regulations that establish a formula for allocation of
amounts made available for assistance under this title
that utilizes factors that more directly correlate to
need of grantees for such amounts to address
homelessness, housing instability, and cost-burdened
households.
``(3) Citizen participation plan.--In addition to citizen
participation requirements under section 104(a) of such title
(42 U.S.C. 5304(a)), the citizenship participation process of
each grantee under the CDBG Plus Program shall solicit the
active participation of homeless, housing unstable, and cost-
burdened households in directing the use of assistance provided
under the Program.
``(4) Non-displacement.--Notwithstanding section 104(d) of
such title (42 U.S.C. 5304(d)), each grantee under the CDBG
Plus Program shall--
``(A) certify that the activities funded with
assistance provided under the program will not displace
low- and moderate-income people; and
``(B) take such actions as the Secretary considers
necessary to inform residents of grantee community of a
phone number for the Department of Housing and Urban
Development which may be used to inform the Department
of any such activities that may be causing the
displacement of low- and moderate-income residents.
``(5) Expedited assistance.--The Secretary shall provide
for expedited funding under the CDBG Plus program for any
grantee that demonstrates that Federal property is available in
the jurisdiction of the grantee that could be used to address
homelessness and associated needs or housing instability but
for the infrastructure needs that could be addressed through
funds provided under the CDBG Plus Program.
``(6) Housing-first.--In allocating amounts for grants
under the CDBG Plus Program, the Secretary shall prioritize
affordable housing creation, permanent supportive housing, and
supportive services utilizing a Housing First model, and other
infrastructure to address basic human needs.
``(7) Sustainability, resilience, and water and energy
efficiency.--Not less than 10 percent of all amounts made
available for assistance pursuant to this section shall be used
only for eligible activities relating to sustainability,
resilience, water and energy efficiency and, at the Secretary's
discretion, other strategies to enhance the environmental
sustainability and climate resilience of production, design,
and construction of structures funded under the program under
this section. Eligible activities shall include--
``(A) construction that utilizes local, natural
materials developed using sustainable methods that
produce few or no carbon emissions; or other
sustainable materials;
``(B) use of sustainable appliances made in the
United States, including all-electric appliances, and
use of appliance, materials, and procedures that bring
the structure into compliance with the Environmental
Protection Agency's WaterSense certification for
efficient water use and Energy Star certification for
energy-efficient appliances;
``(C) construction or retrofit to build highly
energy-efficient structures that produce on-site, or
procure, enough carbon-free renewable energy to meet
total energy consumption annually;
``(D) use of renewable energy, which shall
include--
``(i) utility-, community-, and small-scale
photovoltaic and thermal solar energy;
``(ii) utility- and small-scale wind
energy;
``(iii) geothermal energy;
``(iv) microturbine hydroelectricity;
``(v) energy efficiency;
``(vi) building electrification;
``(vii) energy storage;
``(viii) microgrids; and
``(ix) modern distribution grid
infrastructure; and
``(E) construction, retrofit, alternations, or
repair that brings the structure into compliance with
an Environmental Protection Agency or sustainable
construction industry-recognized standard, including
the Leadership in Energy and Environmental Design,
International Green Construction Code, ASHRAE 189.1,
National Green Building Standard, Green Globes, Living
Building Challenge, and Building Research Establishment
Environmental Assessment Method (BREEAM).
``(8) No penalization of homelessness.--In allocating
amounts for grants under the program under this section, the
Secretary shall prioritize applicants with a dedicated
commitment to reducing and ending the penalization of
homelessness and applicants that can demonstrate compliance
with Center for Disease Control standards on appropriate
responses to the coronavirus disease 2019 for persons
experiencing unsheltered homelessness.
``(f) Rule of Construction.--Nothing in this section may be
construed to affect or alter the community development block grant
program under title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated for assistance under the CDBG Plus Program under this
section, for the first fiscal year commencing after the date of the
enactment of this Act and for each of the next nine succeeding fiscal
years thereafter, an amount equal to the difference between
$6,000,000,000 and the amount credited for such use for such fiscal
year pursuant to section 301(3) of the Housing Is a Human Right Act of
2023.''.
SEC. 202. LIBRARY PILOT GRANTS.
(a) Authorization.--From amounts made available under subsection
(g) for a fiscal year, the Institute of Museum and Library Services (in
this section referred to as the ``Institute'') shall award grants, on a
competitive basis, to enable municipal, county, and State library
administrative agencies to award subgrants to public libraries, school
libraries, and public law school libraries for carrying out pilot
programs to address the needs of homeless and housing-unstable persons.
(b) Pilot Programs.--Each pilot program assisted with amounts from
a subgrant under this section shall allow a library system or systems
to create or expand projects or services that primarily address the
needs of homeless and housing-unstable persons. Preference shall be
given to funding proposals that integrate with existing Federal or
State programs that serve homeless persons, housing-unstable
individuals, and cost-burdened households.
(c) Authorized Agency.--The Institute shall disburse funding made
available to carry out this section. The Institute may consult with the
Secretary of Housing and Urban Development, the Interagency Council on
Homelessness, or any other appropriate agency to ensure that funds are
disbursed and utilized appropriately.
(d) Applications.--To be eligible for a grant under this section, a
municipal, county, or State library administrative agency shall submit
an application at such time, in such manner, and containing such
information as the Institute may require. Each application shall
include--
(1) a description of how the municipal, county, or State
library administrative agency will award subgrants described in
subsection (e), including any priorities or considerations that
will be applied in making such awards, with an emphasis toward
supporting programs addressing the needs of homeless persons;
(2) a description of how the municipal, county, or State
library administrative agency will disseminate, in a timely
manner, information regarding the subgrants described in
subsection (e) and the application process for such subgrants;
(3) a description of the criteria that the municipal,
county, or State library administrative agency will require for
the programs; and
(4) an assurance from the municipal, county, or State
library administrative agency that each eligible library that
receives a subgrant will provide programs that primarily serve
persons who are homeless or housing-unstable.
(e) Subgrants.--
(1) In general.--Each municipal, county, or State library
administrative agency receiving a grant under this section may
use such grant amounts to provide subgrants, on a competitive
basis, to a public library, school library, or public law
school libraries to enable such libraries to provide programs
that address the need of homeless persons.
(2) Applications.--To be eligible for a subgrant under this
subsection, a public library, school library, or public law
school library shall submit an application at such time, in
such manner, and containing such information as the municipal,
county, or State library administrative agency may require.
Each application shall include--
(A) a description of the homelessness-related
programs that the eligible local library administrative
agency will provide at each library to be assisted; and
(B) a description of how community or governmental
partners will be involved in the homelessness-related
programs of the library.
(3) Criteria for awards.--A municipal, county, or State
library administrative agency receiving a grant under this
section shall award subgrants based on--
(A) the proposed number of libraries and the
estimated number of homeless persons that will be
served under the homelessness-related programs; and
(B) any other criteria established by the
municipal, county, or State library administrative
agency in the application submitted under subsection
(d).
(f) Reports.--Each State library administrative agency receiving a
grant under this section for a fiscal year shall submit a report for
such fiscal year to the Institute regarding the progress made in
achieving the purposes of the grant.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for the first fiscal
year commencing after the date of the enactment of this Act and for
each of the next nine succeeding fiscal years thereafter.
SEC. 203. USE OF UNUTILIZED AND UNDERUTILIZED PUBLIC BUILDINGS AND REAL
PROPERTY TO ASSIST THE HOMELESS.
Section 501 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11411) is amended--
(1) in subsection (d)--
(A) in paragraph (1), strike ``30'' and insert
``365''; and
(B) in paragraph (2), strike ``30-day'' and insert
``365-day'';
(2) in subsection (e)(2)(A), strike ``75'' and insert
``365''; and
(3) in subsection (f), by adding at the end the following
new paragraph:
``(5)(A) In the case of a representative of the homeless who has
received a grant under a CDBG Plus Program under section 496 of this
Act, such representative shall, notwithstanding any other provision of
this title, be considered eligible for conveyance of any real or
personal property requested under the authority of this section or
section 502 (42 U.S.C. 11412).
``(B) A request by such a representative shall be expedited and
shall not be subject to the review processes under such sections. It
shall be the burden of the Secretary to present any reasons why the
grantee should not receive the requested property, and absent
extraordinary circumstances, including danger to the grantee or
potential harmful environmental impact that would be impossible to
mitigate, the representative of the homeless shall be presumed to
qualify for the property requested.
``(C) Conveyances of properties pursuant to this section shall be
made deed, and not by lease, unless explicitly requested otherwise by
the representative of the homeless.
``(D) The Secretary shall identify and implement a process by which
such grant recipients and applicants shall be--
``(i) regularly notified of their eligibility status under
this paragraph;
``(ii) notified of all lists of available properties;
``(iii) presumed to be eligible for transfers of property;
``(iv) prioritized and expedited for transfers of property;
``(v) permitted to appeal to the Secretary for
reconsideration;
``(vi) expedited access to properties; and
``(vii) conveyed properties pursuant to subparagraph
(C).''.
TITLE III--INVESTING IN COMMUNITY STABILITY AND WELL-BEING
SEC. 301. TREATMENT OF REVENUE GENERATED.
For each fiscal year, the Secretary of the Treasury shall determine
the amount of revenues accruing to the general fund of the Treasury by
reason of the enactment of title VI of this Act and shall credit an
amount equal to such revenues to the Secretary of Housing and Urban
Development as follows:
(1) The Secretary shall credit 40 percent of such revenues
for assistance under the emergency solutions grant program
authorized under subtitle B of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11371 et seq.).
(2) The Secretary shall credit 40 percent of such revenues
for assistance under the continuum of care program authorized
under subtitle C of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11381 et seq.).
(3) The Secretary shall credit 20 percent of such revenues
for assistance under the Community Development Block Grant Plus
Program, authorized under section 496 of the McKinney-Vento
Homeless Assistance Act (as added by section 201 of this Act).
SEC. 302. EMERGENCY SOLUTIONS GRANT PROGRAM.
There is authorized to be appropriated to the Secretary of Housing
and Urban Development, for the first fiscal year commencing after the
date of the enactment of this Act and each of the next nine succeeding
fiscal years thereafter, to make grants under the emergency solutions
grant program authorized under subtitle B of title IV of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.), an amount
equal to the difference between $10,000,000,000 and the amount credited
for such use for such fiscal year pursuant to section 301(1) of this
Act.
SEC. 303. CONTINUUM OF CARE GRANT PROGRAM.
There is authorized to be appropriated to the Secretary of Housing
and Urban Development, for the first fiscal year commencing after the
date of the enactment of this Act and each of the next nine succeeding
fiscal years thereafter, to make grants under the continuum of care
program authorized under subtitle C of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.), an amount equal to the
difference between $10,000,000,000 and the amount credited for such use
for such fiscal year pursuant to section 301(2) of this Act.
SEC. 304. FEDERAL EMERGENCY MANAGEMENT AGENCY EMERGENCY FOOD AND
SHELTER GRANT PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated, for the first fiscal year commencing after the date of
the enactment of this Act and each of the next nine succeeding fiscal
years thereafter, $1,000,000,000 for emergency food and shelter grants
under subtitle B of title III of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11341 et seq.).
(b) National Board Membership.--Subsection (b) of section 301 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331(b)) is
amended--
(1) in the first sentence, by striking ``6 members'' and
inserting `` at least 8 members'';
(2) in the third sentence by striking ``Each such member''
and inserting ``Four members''; and
(3) by inserting after and below paragraph (6) the
following flush matter:
``At least 4 members shall be appointed from among individuals
nominated by national organizations identified by the Director, in
consultation with the United States Interagency Council on
Homelessness, that represent a population at higher risk of
homelessness (as such term is defined in section 2 of the Housing Is a
Human Right Act of 2023).''.
(c) Eligible Activities.--Subsection (a) of section 313 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11343(a)) is
amended--
(1) in paragraph (1), by inserting ``hygiene,'' after
``food,'';
(2) in paragraph (2), by striking ``and'' at the end; and
(3) by striking paragraph (3) and inserting the following
new paragraphs:
``(3) to conduct rehabilitation of existing shelter or
feeding facilities to ensure such facilities are safe,
sanitary, and in compliance with local building codes;
``(4) to provide flexible and appropriate access to
temporary shelter;
``(5) to build and maintain new forms of safe and sanitary
shelters, including tiny homes; and
``(6) to provide supports, including shelter, transitional
housing, and specialized medical respite shelter and associated
services to homeless or housing-unstable (as such term is
defined in section 2 of the Housing Is a Human Right Act of
2023) elderly persons, persons with disabilities, and persons
who are or have been sick or injured, and to persons are who
are being discharged or who have recently been discharged from
hospitals, nursing facilities or similar facilities''.
(d) Distribution of Amounts.--Paragraph (2) of section 316(a) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11346(a)(2)) is
amended by inserting before the semicolon the following: ``, which
shall provide for consideration of regional variation in housing costs
and costs of living, rates of homelessness and housing instability, and
income inequality''.
(e) Appropriate Non-Discrimination Policy.--
(1) National and local boards.--Section 301 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331) is
amended by adding at the end the following new subsection:
``(f) Appropriate Non-Discrimination Policy.--The National Board
shall--
``(1) at all times having in effect a policy that prohibits
discrimination against persons in all classes provided
protection against discrimination under Federal law and
explicitly prohibits discrimination based on the gender-related
identity, appearance, mannerisms, or other gender-related
characteristics of an individual, regardless of the
individual's designated sex at birth; and
``(2) require each local board designated pursuant to
section 302 to have in effect a policy described in paragraph
(1) of this subsection.''.
(2) Service providers.--Subsection (a) of section 316 of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11346(a))
is amended--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(7) guidelines requiring each private nonprofit
organization and local government carrying out a local
emergency food and shelter program with amounts provided under
this subtitle to have in effect, with respect to such program,
a policy described in section 301(f)(1).''.
(f) GAO Study of Allocation Formula.--The Comptroller General of
the United States shall conduct a study to identify and analyze the
methods in effect on the date of the enactment of this Act for
determining the amount and distribution of assistance under the
Emergency Food and Shelter Grants Program of the Federal Emergency
Management Agency under subtitle B of title III of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11341 et seq.) to determine whether
such current methods adequately address the needs of homeless persons
and the communities that serve them. Not later than the expiration of
the 12-month period beginning on the date of the enactment of this Act,
the Comptroller General shall submit a report to the Congress detailing
the findings of such study and making recommendations as to how the
Emergency Food and Shelter Program National Board should revise such
methods to more adequately and accurately meet such needs.
(g) GAO Study of Compliance With Participation Requirements.--The
Comptroller General of the United States shall conduct a study to
identify and analyze the extent to which recipient service providers
under the Emergency Food and Shelter Grants Program of the Federal
Emergency Management Agency under subtitle B of title III of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11341 et seq.) comply
with the provisions of the guidelines for such Program required under
paragraphs (5) and (6) of section 316(a) of such Act (42 U.S.C.
11346(a); relating to involvement and participation of homeless
individuals). Not later than the expiration of the 24-month period
beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Congress detailing the findings of
such study, including identifying any barriers to compliance and the
level of compliance and recommending models for compliance (including
specific models used by such recipient service providers) and suggested
support methods to assist recipients to comply.
SEC. 305. REQUIREMENTS.
(a) Limitation on Matching Funds Requirements.--Notwithstanding any
other provision of law, in the case of any grant made using amounts
made available by this Act to any recipient that is a governmental
unit, non-Federal supplemental or matching funding shall not be
required for such grant if such recipient demonstrates to the
satisfaction of the Secretary that--
(1) assistance using such grant amounts will be provided in
accordance with a Housing First strategy for addressing
homelessness in the area in which the assistance is used;
(2) the recipient has created and implemented a formal plan
to cease to penalize homelessness;
(3) the recipient has established a formal plan to identify
and address structural and implicit bias in implementation of
programs funded under this Act that specifically addresses
potential bias towards members of groups identified a
population at higher risk of homelessness, as such term is
defined in section 2 of this Act;
(4) the recipient has established a formal plan to
facilitate issuance and replacement of personal identification
documents issued by the recipient for persons who are homeless
or housing-unstable;
(5) in the case of any recipient that administers
elections, the recipient has established a plan to ensure that
persons who are homeless or housing-unstable are not prevented
from voting due to irregular or non-existent addresses or other
similar barriers; and
(6) the recipient has procedures in effect for interacting
with the property of homeless persons that--
(A) require a minimum of three days prior notice
shall be given before property is moved or disposed of;
(B) provide a plan that safeguards any item that is
not clearly trash for a minimum of 30 days; and
(C) allow persons experiencing homelessness to
easily retrieve their possessions.
(b) Requirement for Ongoing Efforts.--Assistance made available
under this Act may not be provided to any governmental unit unless such
unit demonstrates, to the satisfaction of the Secretary, that such
entity has in effect, or is actively working toward implementing,
policies, regulations, or other requirements sufficient to ensure the
following within the jurisdiction of such entity:
(1) Any law that imposes a criminal punishment on a person
or groups of persons who are homeless, or who has no other
place to go, for sleeping outside or on public property is not
being enforced.
(2) Effective procedures are in effect for interacting with
the property of homeless persons that comply with due process
protections of the 14th Amendment to the Constitution of the
United States.
(c) Non-Governmental Entities.--Assistance made available under
this Act may not be provided to any entity that is not a governmental
unit unless such entity demonstrates to the satisfaction of the
Secretary that--
(1) such entity has in effect, or is actively working
toward implementing, a procedure that provides for regular
community participation, comment, feedback, and guidance on the
activities and performance in serving homeless, housing-
unstable, and cost-burdened individuals and households; and
(2) in the case of any entity that in any fiscal year
receives more than $1,000,000 from amounts made available under
this Act, all personnel carrying out activities assisted with
amounts made available under this Act whose responsibilities
involve regular contact with homeless, housing-unstable, or
cost-burdened individuals or households, or who have management
positions overseeing personnel in regular contact with
homeless, housing-unstable, or cost-burdened individuals or
households, are adequately trained regarding harm reduction,
de-escalation techniques, trauma-informed care, implicit bias,
cultural competency, and disability rights.
(d) All Entities.--Assistance made available under this Act may not
be provided to any entity, whether a governmental unit or a non-
governmental entity, unless such entity demonstrates to the
satisfaction of the Secretary that such entity has in effect a written
non-discrimination policy that--
(1) prohibits discrimination against persons in all classes
provided protection against discrimination under Federal law;
and
(2) explicitly prohibits discrimination based on the
gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
SEC. 306. GAO STUDY OF REQUIREMENTS REGARDING PARTICIPATION AND
INVOLVEMENT OF HOMELESS INDIVIDUALS.
(a) Study.--The Comptroller General of the United States shall
conduct a study to identify and analyze the extent to which--
(1) recipient service providers under the Emergency Food
and Shelter Grants Program of the Federal Emergency Management
Agency under subtitle B of title III of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11341 et seq.) comply with
the provisions of the guidelines for such Program required
under paragraphs (5) and (6) of section 316(a) of such Act (42
U.S.C. 11346(a); relating to involvement and participation of
homeless individuals); and
(2) recipients under the Emergency Solutions Grant Program
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11371 et seq.) comply with the
requirements under section 416(d) of such Act (42 U.S.C.
11375(d); relating to participation of homeless individuals).
(b) Report.--Not later than the expiration of the 36-month period
beginning on the date of the enactment of this Act, the Comptroller
General shall submit a report to the Congress detailing the findings of
such study, including identifying the level of such compliance and any
barriers to compliance with such requirements, and recommending models
for compliance (including any effective specific models used by such
recipients) and suggested support methods to assist recipients to
comply.
TITLE IV--ACCESS TO VOTING
SEC. 401. STUDY OF FACTORS ADVERSELY AFFECTING ABILITY OF HOMELESS AND
HOUSING-UNSTABLE INDIVIDUALS TO VOTE.
(a) Study.--The Election Assistance Commission shall conduct a
study identifying and analyzing on a State-by-State basis the factors
which adversely affect the ability of individuals who are homeless or
who are housing-unstable to vote in elections for public office,
including the implementation of the REAL ID Act, State laws requiring
voters to provide ID as a condition of voting, and the penalization of
homelessness.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Commission shall submit to Congress and make
available to the public a report on the study conducted under
subsection (a), and shall include in the report recommendations to
address the factors identified in the study.
(c) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 402. GRANTS TO FACILITATE VOTING BY HOMELESS AND HOUSING-UNSTABLE
INDIVIDUALS.
(a) Grants.--The Election Assistance Commission shall carry out a
program under which the Commission shall make grants to eligible
nonprofit corporations and eligible units of local government for
carrying out programs and activities which will facilitate voting in
elections for public office by individuals who are homeless or who are
housing-unstable.
(b) Eligibility.--A nonprofit corporation or a unit of local
government is eligible to receive a grant under the program established
under this section if the corporation or unit submits to the Election
Assistance Commission, at such time and in such form as the Commission
may require, an application containing--
(1) in the case of a nonprofit corporation, a certification
that the corporation has in effect a non-discrimination policy
that prohibits discrimination against persons in all classes
provided protection against discrimination under Federal law
and that further protects against discrimination on the basis
of the gender-related identity, appearance, mannerisms, or
other gender-related characteristics of an individual,
regardless of the individual's designated sex at birth; and
(2) such information and assurances as the Commission may
require.
(c) Priorities in Selection of Nonprofit Corporations.--In
selecting among eligible nonprofit corporations for receiving grants
under the program established under this section, the Commission shall
give priority to corporations which meet any of the following:
(1) A proven history of working with homeless, housing-
unstable, and cost-burdened households.
(2) A proven history of successfully encouraging civic
participation.
(3) A proven history of participation by homeless, housing-
unstable, and cost-burdened households in the leadership and
decision-making power of the corporation.
(4) A proven history of successful engagement with a
population at higher risk of homelessness, including--
(A) LGBTQ persons;
(B) foster youth and former foster youth;
(C) Asian, Black, Latino, Native American, Native
Hawaiian, Pacific Islander and other communities of
color;
(D) low-income older adults;
(E) persons with disabilities, including mental
health disabilities;
(F) justice-system-involved persons; and
(G) immigrant communities.
(d) Nonprofit Corporation Defined.--In 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.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for the first fiscal
year commencing after the date of the enactment of this Act and for
each of the next nine succeeding fiscal years thereafter.
TITLE V--UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS
SEC. 501. PERMANENT AUTHORIZATION.
Title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11311 et seq.) is amended--
(1) in section 208 (42 U.S.C. 11318), by striking the first
sentence and inserting the following: ``There is authorized to
be appropriated for each fiscal year $10,000,000 to carry out
this title.'';
(2) by striking section 209 (42 U.S.C. 11319); and
(3) by redesignating sections 207 and 208 (42 U.S.C. 11317,
11318) as sections 208 and 209, respectively.
SEC. 502. FUNCTIONS.
Section 203 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11313) is amended--
(1) in subsection (a)--
(A) in paragraph (12), by striking ``and'' at the
end;
(B) in paragraph (13), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(14) rely on evidence-based practices;
``(15) identify and promote successful practices, including
the Housing First strategy and the permanent supportive housing
model; and
``(16) prioritize addressing disparities faced by members
of a population at higher risk of homelessness, as such term is
defined in section 2 of the Housing Is a Human Right Act of
2023, including by issuing reports and making recommendations
to agencies.''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``and'' after
the semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(3) make formal reports and recommendations to Federal
agencies, which shall include comments on how proposed
regulatory changes would impact persons experiencing
homelessness, housing instability, or who are cost-burdened.''.
SEC. 503. ADVISORY BOARD.
(a) In General.--Title II of the McKinney-Vento Homeless Assistance
Act is amended by inserting after section 206 (42 U.S.C. 11316) the
following new section:
``SEC. 207. ADVISORY BOARD.
``(a) Establishment.--There is established an advisory board for
the Council.
``(b) Membership.--
``(1) Selection.--The advisory board shall be composed of
not less than 20 individuals, selected by the Executive
Director of the Council from nominees proposed pursuant to
paragraph (2), as follows:
``(A) Not less than 10 members shall be individuals
who are homeless or experiencing housing instability,
or were so during the 5 calendar years preceding
appointment to the advisory board or who have been so
in the last 5 calendar years.
``(B) Not less than 8 members shall be individuals
who are members of, or advocate on behalf of, or both,
a population at higher risk of homelessness, as such
term is defined in section 2 of the Housing Is a Human
Right Act of 2023, including such transgender and
gender non-conforming persons, Asian, Black, Latino,
Native American, Native Hawaiian, Pacific Islander, and
other communities of color, youth in or formerly in the
foster care system, and justice-system involved youth
and adults.
``(2) Nomination.--Nominees for members of the advisory
board shall be proposed by any grantee or subgrantee under this
Act.
``(3) Report.--Upon selection of members of the advisory
board, the Executive Director of the Council shall submit a
report to the Congress identifying the members selected and
demonstration compliance with the provisions of this
subsection.
``(4) Terms.--Members of the advisory board shall serve
terms of 2 years.
``(c) Functions.--The advisory board shall review the work of the
Council, make recommendations regarding how the Council can most
effectively pursue the goal of ending homelessness, and raise specific
points of concern with members of the Council who represent Federal
agencies.
``(d) Meetings.--The advisory board shall meet in person not less
often than twice each year.
``(e) Council Meetings.--The Council shall meet regularly not less
often than once a year with the advisory board and shall provide timely
written responses to recommendations, proposals, and concerns issued by
the advisory board.
``(f) Chairman.--The position of Chairman of the advisory board
shall be filled by an individual who is a current or former member of
the advisory board, is nominated by at least two members of the
advisory board, and is confirmed by a vote of not less than 75 percent
of the members of the advisory board.
``(g) Compensation.--Each member of the advisory board shall
receive compensation for their participation including a participation
stipend in an amount determined by the Council and travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code.
``(h) Rule of Construction.--The agencies implementing this Act
shall construe this Act in a manner that facilitates and encourage the
full participation of advisory board members and shall consider the
barriers faced by persons experiencing homelessness and shall endeavor
to overcome such barriers to participation.''.
(b) Representation of Chairman on Council.--Section 202(a) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11312(a)) is
amended--
(1) by redesignating paragraph (22) as paragraph (21); and
(2) by adding at the end the following new paragraph:
``(22) The chairman of the advisory board established by
section 207.''.
SEC. 504. DIRECTOR.
Subsection (a) of section 204 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11314(a)) is amended--
(1) by striking ``(a) Director.--The Council shall appoint
an Executive Director, who shall be'' and inserting the
following:
``(a) Director.--
``(1) In general.--The chief executive officer of the
Council shall be the Executive Director, who shall be appointed
in accordance with paragraph (2) and''; and
(2) by adding at the end the following new paragraph:
``(2) Process for appointment.--A vacancy in the position
of Executive Director shall be filled by an individual
nominated and appointed to such position by the Council, except
that the Council may not appoint any nominee who is not
confirmed by approval of 75 percent of the aggregate of all
members of the Council and the advisory board under section 207
pursuant to an election in which each such member's vote is
given identical weight. If the Council is unable to agree on an
Executive Director, the chairperson of the advisory council
shall act as interim Executive Director.''.
SEC. 505. CONFORMING AMENDMENT.
The table of contents in section 101(b) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking
the items relating to sections 209 and 210 and inserting the following:
``Sec. 209. Encouragement of State involvement.''.
TITLE VI--REVENUE RELATED TO HOUSING SPECULATION AND DISPLACEMENT
SEC. 601. AMENDMENTS TO THE TAX CODE.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by adding at the end the following new chapter:
``CHAPTER 50B--REAL PROPERTY-RELATED TAXES
``Sec. 5000E-1. Luxury real property transfers.
``Sec. 5000E-2. Real property secrecy transfer tax.
``Sec. 5000E-3. Mass landlord rental tax.
``SEC. 5000E-1. LUXURY REAL PROPERTY TRANSFERS.
``(a) In General.--There is hereby imposed on the sale or exchange
of real property a tax equal to 5 percent of the amount realized from
such sale or exchange.
``(b) Limitation.--The tax imposed by this section shall not apply
to a sale or exchange of property unless the amount realized from such
sale or exchange (or from a series of related sales or exchanges of
which such property is a part) is at least $10,000,000.
``(c) Liability for Tax.--
``(1) In general.--The tax imposed by this section shall be
paid \1/2\ by the transferor and \1/2\ by the transferee.
``(2) Exceptions.--
``(A) Property transferred to tax-exempt.--In the
case of property transferred to a tax exempt entity, or
a State or local government (or political subdivision
thereof), the tax imposed by this section shall be
zero.
``(B) Property transferred by tax-exempt.--In the
case of property transferred by a tax-exempt entity, or
a State or local government (or political subdivision
thereof), the tax imposed by this section shall be paid
by the transferee.
``(C) Tax exempt entity.--For purposes of this
section, the term `tax-exempt entity' means any
organization which is exempt from the tax imposed by
this chapter unless such property is used predominantly
in an unrelated trade or business the income of which
is subject to tax under section 511.
``(d) Regulations.--The Secretary shall prescribe such rules as may
be necessary or appropriate to prevent avoidance of the purposes of
this section.
``SEC. 5000E-2. REAL PROPERTY SECRECY TRANSFER TAX.
``(a) In General.--In the case of a sale or exchange of real
property to or from an applicable anonymous entity, there is hereby
imposed on such transfer a tax equal to $10 for each $100 realized on
such sale or exchange.
``(b) Applicable Anonymous Taxpayer.--
``(1) In general.--For purposes of this section, the term
`applicable anonymous entity' means any entity or trust the
beneficial owners of which are not available by freely
accessible public records.
``(2) Beneficial owner.--The term `beneficial owner' means,
with respect to any entity, an individual who has any ownership
interest in the entity and--
``(A) exercises control over the entity,
``(B) owns equity interest in such entity, or
``(C) receives substantial economic benefits from
such entity (other than in connection with employment).
``(3) Special rule for entities registered in global legal
identifier program.--
``(A) In general.--Paragraph (1) shall not apply to
any entity that participates in the legal entity
identifier program.
``(B) Controlled groups.--In the case of any
persons treated as a single employer under subsection
(a) or (b) of section 52, or subsection (m) or (o) of
section 414, subparagraph (A) shall only apply if each
such person so treated participates in the legal entity
identifier program.
``(c) Liability for Tax.--
``(1) In general.--Each applicable anonymous entity who
transfers or receives property in a sale or exchange to which
this section applies shall be jointly and severally liable for
payment of the tax imposed by this section.
``(2) Members of controlled group.--If such an applicable
anonymous entity is a member of a controlled group, each member
of such controlled group shall be jointly and severally liable
for such payment.
``SEC. 5000E-3. MASS LANDLORD RENTAL TAX.
``(a) In General.--In the case of a covered landlord, there is
hereby imposed on the rental of a dwelling unit a tax equal to 1
percent of the amount of the rent paid for such dwelling unit.
``(b) Covered Landlord.--For purposes of this section, the term
`covered landlord' means any person that owns--
``(1) more than 1,000 dwelling units held for rent within a
single metropolitan statistical area,
``(2) more than 2,000 dwelling units held for rent, or
``(3) at least 500 dwelling units held for rent in at least
3 different States.
``(c) Exceptions.--
``(1) In general.--Subsection (a) shall not apply to any
dwelling unit subject to a rent control, just cause, or source
of income discrimination law.
``(2) Rent control law.--For purposes of this subsection--
``(A) In general.--The term `rent control law'
means any State or local law which restricts the amount
by which a lessor may increase rental payments for a
dwelling unit and allows an affirmative defense to
eviction or private right of enforcement.
``(B) Minimum amount level of rent control.--A law
shall not be treated as a rent control law with respect
to any dwelling unit for purposes of this paragraph
unless the lessor of such dwelling unit may not, when
the lease with respect to such unit expires, increase
monthly rent by an amount greater than the percentage
increase, if any, over the preceding 12 months in the
Consumer Price Index for All Urban Consumers or 3
percent of the average monthly amount paid for the same
unit for each month that the unit was occupied during
the previous 12-month period, whichever is greater.
``(3) Just cause law.--The term `just cause law' means any
State or local law which at least restricts a lessor from
evicting lessee by limiting evictions to instances in which--
``(A) the tenant has--
``(i) failed to pay rent for 2 or more
consecutive months despite clear and timely
notice,
``(ii) caused substantial destruction to
the rental property,
``(iii) caused significant danger to other
tenants, or
``(iv) significantly and repeatedly
violated an explicit lease term and failed to
cure the violation after being given notice
requesting that the lease term violation be
cured, or
``(B) the landlord seeks to occupy the unit for use
as a primary residence, or seeks the availability of
the unit for occupancy by an immediate relative as a
primary residence.
``(4) Source of income discrimination law.--
``(A) In general.--The term `source of income
discrimination law' means a State or local law which
places restrictions on a lessor from rejecting lessee
applicants, or to evicting an existing lessee, due to
the lessee's source of income.
``(B) Source of income.--For purposes of
subparagraph (A), source of income includes the
following:
``(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
family or provided to a housing owner on behalf
of a family, including rental vouchers, rental
assistance, and rental subsidies from
nongovernmental organizations.
``(ii) Any income received during a taxable
year as Social Security benefits, as defined in
section 86(d) of the Internal Revenue Code of
1986, or as supplemental security income
benefits under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.).
``(iii) Any income received by court order,
including spousal support and child support.
``(iv) Any payment from a trust, guardian,
or conservator.
``(v) Any other lawful source of income.
``(d) Aggregation Rules.--All persons treated as a single employer
under subsection (a) or (b) of section 52, or subsection (m) or (o) of
section 414, shall be treated as one person for purposes of applying
subsection (b).''.
(b) Effective Date.--The amendment made by this section shall apply
to sales and exchanges after December 31, 2023.
<all>
</pre></body></html>
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"Advisory bodies",
"Air quality",
"Alternative and renewable resources",
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"constitutionalAuthorityStatementText": "<pre>\n[Congressional Record Volume 169, Number 52 (Wednesday, March 22, 2023)]\n[House]\nFrom the Congressional Record Online through the Government Publishing Office [<a href=\"https://www.gpo.gov\">www.gpo.gov</a>]\nBy Ms. JAYAPAL:\nH.R. 1708.\nCongress has the power to enact this legislation pursuant\nto the following:\nThis bill is enacted pursuant to the power granted to\nCongress under Article I of the United States Constitution\nand its subsequent amendments, and further clarified and\ninterpreted by the Supreme Court of the United States.\nThe single subject of this legislation is:\nHousing\n[Page H1328]\n</pre>",
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