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118hr4676ih
118
hr
4,676
ih
To amend the Nuclear Energy Innovation and Modernization Act to direct the Nuclear Regulatory Commission to further utilize a risk-informed and performance-based approach to licensing, to amend the hearing requirements for certain licenses under the Atomic Energy Act of 1954, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Nuclear Red Tape Reduction Act.", "id": "H642CF0F7A53144D48CB64AAD53946041", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Technology-inclusive regulatory framework for nuclear licensing \nSection 3(14) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note) is amended— (1) by striking where appropriate and inserting to the maximum extent practicable ; and (2) by inserting (consistent with the document issued by the Commission on June 22, 1998, and titled White Paper on Risk-Informed, Performance-Based Regulation (SECY–98–144)) after risk-informed and performance-based techniques.", "id": "HFCA133938EC148D988CE9107835FA3A6", "header": "Technology-inclusive regulatory framework for nuclear licensing", "nested": [], "links": [ { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "3. Hearings and judicial review under the Atomic Energy Act of 1954 \n(a) In general \nSection 189a.(1)(A) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239(a)(1)(A) ) is amended to read as follows: (A) (i) In any proceeding under this Act, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licenses, and in any proceeding for the payment of compensation, an award or royalties under sections 153, 157, 186 c., or 188, the Commission shall, subject to clause (ii), grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. (ii) The Commission may only hold a hearing under this subparagraph for an application for a license under section 103 for a construction permit if the Commission receives a request for a hearing under clause (i) by a person described in such clause by not later than 30 days after notice and publication of the application for the license in the Federal Register. (iii) The Commission shall hold a hearing after 30 days notice and publication once in the Federal Register, on each application under section 104 b. for a construction permit for a facility, and on any application under section 104 c. for a construction permit for a testing facility. (iv) In cases where such a construction permit has been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon 30 days notice and publication once in the Federal Register of its intent to do so. (v) The Commission may dispense with such 30 days notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.. (b) Combined licenses \nSection 189a.(1)(B)(i) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239(a)(1)(B)(i) ) is amended by striking within 60 days and inserting within 45 days.", "id": "HEC62B0E07FA1461BB8A5DF8EAC538E98", "header": "Hearings and judicial review under the Atomic Energy Act of 1954", "nested": [ { "text": "(a) In general \nSection 189a.(1)(A) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239(a)(1)(A) ) is amended to read as follows: (A) (i) In any proceeding under this Act, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licenses, and in any proceeding for the payment of compensation, an award or royalties under sections 153, 157, 186 c., or 188, the Commission shall, subject to clause (ii), grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. (ii) The Commission may only hold a hearing under this subparagraph for an application for a license under section 103 for a construction permit if the Commission receives a request for a hearing under clause (i) by a person described in such clause by not later than 30 days after notice and publication of the application for the license in the Federal Register. (iii) The Commission shall hold a hearing after 30 days notice and publication once in the Federal Register, on each application under section 104 b. for a construction permit for a facility, and on any application under section 104 c. for a construction permit for a testing facility. (iv) In cases where such a construction permit has been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon 30 days notice and publication once in the Federal Register of its intent to do so. (v) The Commission may dispense with such 30 days notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant hazards consideration..", "id": "H47DDB4A6598B44C7B405A5CD1CD0E505", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 2239(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/2239" } ] }, { "text": "(b) Combined licenses \nSection 189a.(1)(B)(i) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239(a)(1)(B)(i) ) is amended by striking within 60 days and inserting within 45 days.", "id": "HC6DCE266BD9B41C7AE012DBAAED36DD2", "header": "Combined licenses", "nested": [], "links": [ { "text": "42 U.S.C. 2239(a)(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/2239" } ] } ], "links": [ { "text": "42 U.S.C. 2239(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/2239" }, { "text": "42 U.S.C. 2239(a)(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/2239" } ] }, { "text": "4. Report on terms of renewed Nuclear Regulatory Commission licences \nNot later than 120 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (1) the authority of the Nuclear Regulatory Commission to determine the terms of renewed licenses under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ), including how the Nuclear Regulatory Commission determines the maximum term for such renewed licenses and in which circumstances the Nuclear Regulatory Commission may issue a renewed licence for a term in excess of 20 years; and (2) the meaning of adequacy of licensee programs as used on page 64964 of the final rule titled Nuclear Power Plant License Renewal and published December 13, 1991 (56 Fed. Reg. 64943).", "id": "HFED0C3479F504AFFBA9CCB0AE1D93B29", "header": "Report on terms of renewed Nuclear Regulatory Commission licences", "nested": [], "links": [ { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" } ] } ]
4
1. Short title This Act may be cited as the Nuclear Red Tape Reduction Act. 2. Technology-inclusive regulatory framework for nuclear licensing Section 3(14) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note) is amended— (1) by striking where appropriate and inserting to the maximum extent practicable ; and (2) by inserting (consistent with the document issued by the Commission on June 22, 1998, and titled White Paper on Risk-Informed, Performance-Based Regulation (SECY–98–144)) after risk-informed and performance-based techniques. 3. Hearings and judicial review under the Atomic Energy Act of 1954 (a) In general Section 189a.(1)(A) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239(a)(1)(A) ) is amended to read as follows: (A) (i) In any proceeding under this Act, for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licenses, and in any proceeding for the payment of compensation, an award or royalties under sections 153, 157, 186 c., or 188, the Commission shall, subject to clause (ii), grant a hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to such proceeding. (ii) The Commission may only hold a hearing under this subparagraph for an application for a license under section 103 for a construction permit if the Commission receives a request for a hearing under clause (i) by a person described in such clause by not later than 30 days after notice and publication of the application for the license in the Federal Register. (iii) The Commission shall hold a hearing after 30 days notice and publication once in the Federal Register, on each application under section 104 b. for a construction permit for a facility, and on any application under section 104 c. for a construction permit for a testing facility. (iv) In cases where such a construction permit has been issued following the holding of such a hearing, the Commission may, in the absence of a request therefor by any person whose interest may be affected, issue an operating license or an amendment to a construction permit or an amendment to an operating license without a hearing, but upon 30 days notice and publication once in the Federal Register of its intent to do so. (v) The Commission may dispense with such 30 days notice and publication with respect to any application for an amendment to a construction permit or an amendment to an operating license upon a determination by the Commission that the amendment involves no significant hazards consideration.. (b) Combined licenses Section 189a.(1)(B)(i) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2239(a)(1)(B)(i) ) is amended by striking within 60 days and inserting within 45 days. 4. Report on terms of renewed Nuclear Regulatory Commission licences Not later than 120 days after the date of enactment of this Act, the Nuclear Regulatory Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (1) the authority of the Nuclear Regulatory Commission to determine the terms of renewed licenses under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ), including how the Nuclear Regulatory Commission determines the maximum term for such renewed licenses and in which circumstances the Nuclear Regulatory Commission may issue a renewed licence for a term in excess of 20 years; and (2) the meaning of adequacy of licensee programs as used on page 64964 of the final rule titled Nuclear Power Plant License Renewal and published December 13, 1991 (56 Fed. Reg. 64943).
3,845
[ "Energy and Commerce Committee" ]
118hr3819ih
118
hr
3,819
ih
To amend the Religious Freedom Restoration Act of 1993 to eliminate the applicability of such Act to the District of Columbia.
[ { "text": "1. Short title \nThis Act may be cited as the District of Columbia Non-Discrimination Home Rule Act of 2023.", "id": "H4DFC3A8E23EE41D486A8F52FCEAC85F5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Elimination of applicability of Religious Freedom Restoration Act to the District of Columbia \nParagraph (2) of section 5 of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–2(2) ) is amended by striking the District of Columbia, and the comma after Puerto Rico.", "id": "H7A629E2EFE0F42ED829ED4905E11BC76", "header": "Elimination of applicability of Religious Freedom Restoration Act to the District of Columbia", "nested": [], "links": [ { "text": "42 U.S.C. 2000bb–2(2)", "legal-doc": "usc", "parsable-cite": "usc/42/2000bb-2" } ] } ]
2
1. Short title This Act may be cited as the District of Columbia Non-Discrimination Home Rule Act of 2023. 2. Elimination of applicability of Religious Freedom Restoration Act to the District of Columbia Paragraph (2) of section 5 of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–2(2) ) is amended by striking the District of Columbia, and the comma after Puerto Rico.
389
[ "Judiciary Committee" ]
118hr4577ih
118
hr
4,577
ih
To protect U.S. food security, give the Committee on Foreign Investment in the United States greater jurisdiction over land purchases, to impose special guards against foreign adversary purchases of land in the United States near sensitive sites, to expand the definition of sensitive sites, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting U.S. Farmland and Sensitive Sites From Foreign Adversaries Act.", "id": "HBD4989B60E344F889902AFF65C192BAF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Additional definitions \nSection 721(a) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a) ) is amended by adding at the end the following: (14) Elevated risk real estate transaction \nThe term elevated risk real estate transaction means a real estate transaction described under paragraph (4)(B)(ii), in which— (A) the transaction is a purchase or lease by, or a concession to, a foreign adversary entity; and (B) the real estate— (i) is located within, or function as a part of, an air or maritime port; (ii) is in close proximity to a sensitive site; (iii) could reasonably provide the foreign adversary entity the ability to collect intelligence on activities being conducted at a sensitive site; or (iv) could otherwise expose national security activities at a sensitive site. (15) Foreign adversary \nThe term foreign adversary means— (A) the People’s Republic of China, including all Special Administrative Regions; (B) the Republic of Cuba; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Russian Federation; and (F) the Bolivarian Republic of Venezuela during any period of time in which Nicholás Maduro is President of the Republic. (16) Foreign adversary entity \nThe term foreign adversary entity means— (A) a foreign adversary; (B) a foreign person subject to the jurisdiction of, or organized under the laws of, a foreign adversary; and (C) a foreign person owned, directed, or controlled by an entity described in subparagraph (A) or (B). (17) Sensitive site \nThe term sensitive site means— (A) military installations; (B) a military training route, as defined in section 183a(h) of title 10, United States Code; (C) airspace designated as special use airspace under part 73 of title 14, Code of Federal Regulations (or a successor regulation) and managed by the Department of Defense; (D) a controlled firing area, as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation) under the jurisdiction of the Secretary of Defense; (E) a military operations area, as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation); (F) facilities openly owned or operated by the U.S. intelligence community; (G) federally-funded research development centers; (H) university-affiliated research centers of the Department of Defense; (I) science and technology reinvention laboratories, as designated by the Secretary of Defense under section 4121 of title 10, United States Code; (J) airports, as listed on the website of the Federal Aviation Administration; (K) maritime ports, as determined by the Secretary of Transportation; (L) any electronic or telecommunications facility used to process, store, or transmit information (including fiber optic nodes, data centers, cloud computing facilities, satellite ground stations, and wireless transmission equipment) if— (i) the facility is part of a backbone or core network that serves a significant portion of the United States telecommunications network; (ii) the facility is located in close proximity to another sensitive site; (iii) the facility is a submarine cable landing station (as defined in section 60401(a) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1741(a) )); (iv) the facility is used to process or store a large volume of sensitive information (such as classified or encrypted communications) or other data critical to national security, public safety, or economic security; or (v) the Chairman of the Federal Communications Commission determines the facility to be critical communications infrastructure; (M) electric powerplants, as determined by the Secretary of Homeland Security; and (N) any other site, as determined by the Secretary of Defense or the Secretary of Homeland Security..", "id": "HE6B9D7CEB5EB418B873C0976D325AC93", "header": "Additional definitions", "nested": [], "links": [ { "text": "50 U.S.C. 4565(a)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "47 U.S.C. 1741(a)", "legal-doc": "usc", "parsable-cite": "usc/47/1741" } ] }, { "text": "3. Protecting U.S. food security \n(a) Authorizing the Committee on Foreign Investment in the United States To consider food security in reviews of covered transactions \nSection 721(f) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(f) ) is amended— (1) in paragraph (10), by striking and at the end; (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: (11) the current and long-term projection of the requirements for sources of food, water, and other agricultural products in the United States in the aggregate, as well as locally and regionally, and the effects a covered transaction may have on United States food security, including through foreign adversary acquisition of biotechnology related to agriculture; and. (b) Expanding the jurisdiction of the Committee on Foreign Investment in the United States over real estate transactions \nSection 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) ) is amended— (1) in subparagraph (B)(ii)— (A) in subclause (II)— (i) by striking (II)(aa) is and inserting the following: (II) with respect to a purchase or lease by, or a concession to, a person who is not a foreign adversary entity— (aa) is ; and (ii) by adjusting the margin of item (bb) accordingly; and (iii) in item (bb)(CC), by striking ; and and inserting a period; and (B) by striking subclause (III); and (2) in subparagraph (C), by adding at the end the following: (iii) Limitation on Committee authority \nThe Committee may not, by regulation or otherwise, specify additional criteria that must be met for a transaction to be described under subparagraph (B)(ii).. (c) Mandatory declarations \nSection 721(b)(1)(C)(v)(IV) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(1)(C)(v)(IV) ) is amended by adding at the end the following: (hh) Required declarations for elevated risk real estate transaction \nNotwithstanding item (dd), the parties to an elevated risk real estate transaction shall submit a declaration described in subclause (I) with respect to the transaction..", "id": "H27E55934ED494CA09F2887C12A690B0C", "header": "Protecting U.S. food security", "nested": [ { "text": "(a) Authorizing the Committee on Foreign Investment in the United States To consider food security in reviews of covered transactions \nSection 721(f) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(f) ) is amended— (1) in paragraph (10), by striking and at the end; (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: (11) the current and long-term projection of the requirements for sources of food, water, and other agricultural products in the United States in the aggregate, as well as locally and regionally, and the effects a covered transaction may have on United States food security, including through foreign adversary acquisition of biotechnology related to agriculture; and.", "id": "HCA289B0750B143A5937DA12DEEC1A6BC", "header": "Authorizing the Committee on Foreign Investment in the United States To consider food security in reviews of covered transactions", "nested": [], "links": [ { "text": "50 U.S.C. 4565(f)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "(b) Expanding the jurisdiction of the Committee on Foreign Investment in the United States over real estate transactions \nSection 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) ) is amended— (1) in subparagraph (B)(ii)— (A) in subclause (II)— (i) by striking (II)(aa) is and inserting the following: (II) with respect to a purchase or lease by, or a concession to, a person who is not a foreign adversary entity— (aa) is ; and (ii) by adjusting the margin of item (bb) accordingly; and (iii) in item (bb)(CC), by striking ; and and inserting a period; and (B) by striking subclause (III); and (2) in subparagraph (C), by adding at the end the following: (iii) Limitation on Committee authority \nThe Committee may not, by regulation or otherwise, specify additional criteria that must be met for a transaction to be described under subparagraph (B)(ii)..", "id": "H4A9800E078934433AE945F554CF2127D", "header": "Expanding the jurisdiction of the Committee on Foreign Investment in the United States over real estate transactions", "nested": [], "links": [ { "text": "50 U.S.C. 4565(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "(c) Mandatory declarations \nSection 721(b)(1)(C)(v)(IV) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(1)(C)(v)(IV) ) is amended by adding at the end the following: (hh) Required declarations for elevated risk real estate transaction \nNotwithstanding item (dd), the parties to an elevated risk real estate transaction shall submit a declaration described in subclause (I) with respect to the transaction..", "id": "H7EAEBE5228FF4A4388D03EEEFC4AFDB2", "header": "Mandatory declarations", "nested": [], "links": [ { "text": "50 U.S.C. 4565(b)(1)(C)(v)(IV)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] } ], "links": [ { "text": "50 U.S.C. 4565(f)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "50 U.S.C. 4565(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "50 U.S.C. 4565(b)(1)(C)(v)(IV)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "4. Presumption of unresolvability of elevated risk real estate transactions \n(a) Presumption at the review stage \nSection 721(b)(2)(B) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(2)(B) ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (iii) a covered transaction is an elevated risk real estate transaction, unless the Committee— (I) determines, by clear and convincing evidence, that the covered transaction is not a risk to national security; and (II) submits a notification to the Committees on Agriculture and Financial Services of the House of Representatives, the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party of the House of Representatives, and the Committees on Agriculture and Banking, Housing, and Urban Affairs of the Senate containing such determination and the reasons therefore.. (b) Presumption at the investigation stage \nSection 721(l)(3) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(l)(3) ) is amended by adding at the end the following: (E) Application to elevated risk real estate transaction \nNotwithstanding subparagraph (A), an elevated risk real estate transaction shall be presumed to present a risk to national security that cannot be resolved through any agreement or condition, unless the Committee— (i) determines, by clear and convincing evidence, that the risk to national security of the transaction can be resolved in a manner other than by suspending or prohibiting the transaction; and (ii) submits a notification to the Committees on Agriculture and Financial Services of the House of Representatives, the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party of the House of Representatives, and the Committees on Agriculture and Banking, Housing, and Urban Affairs of the Senate containing such determination and the reasons therefore..", "id": "H4AD28EEEE22249A1B492DBEFA9D370D7", "header": "Presumption of unresolvability of elevated risk real estate transactions", "nested": [ { "text": "(a) Presumption at the review stage \nSection 721(b)(2)(B) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(2)(B) ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (iii) a covered transaction is an elevated risk real estate transaction, unless the Committee— (I) determines, by clear and convincing evidence, that the covered transaction is not a risk to national security; and (II) submits a notification to the Committees on Agriculture and Financial Services of the House of Representatives, the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party of the House of Representatives, and the Committees on Agriculture and Banking, Housing, and Urban Affairs of the Senate containing such determination and the reasons therefore..", "id": "HBD651F030E0E40C29FA8783E26A6B492", "header": "Presumption at the review stage", "nested": [], "links": [ { "text": "50 U.S.C. 4565(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "(b) Presumption at the investigation stage \nSection 721(l)(3) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(l)(3) ) is amended by adding at the end the following: (E) Application to elevated risk real estate transaction \nNotwithstanding subparagraph (A), an elevated risk real estate transaction shall be presumed to present a risk to national security that cannot be resolved through any agreement or condition, unless the Committee— (i) determines, by clear and convincing evidence, that the risk to national security of the transaction can be resolved in a manner other than by suspending or prohibiting the transaction; and (ii) submits a notification to the Committees on Agriculture and Financial Services of the House of Representatives, the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party of the House of Representatives, and the Committees on Agriculture and Banking, Housing, and Urban Affairs of the Senate containing such determination and the reasons therefore..", "id": "H7B8FB3ACE8E947E7B441B6A2F1C9B634", "header": "Presumption at the investigation stage", "nested": [], "links": [ { "text": "50 U.S.C. 4565(l)(3)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] } ], "links": [ { "text": "50 U.S.C. 4565(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "50 U.S.C. 4565(l)(3)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "5. Agriculture representative \nSection 721(k)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(2) ) is amended— (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: (H) The Secretary of Agriculture, on all transactions related to the purchase of agriculture land, agriculture biotechnology, and any other transaction related to the agriculture industry in the United States, as determined by the Secretary of Agriculture..", "id": "HF4A66B5BE9134EE39682CB8428AF4ADB", "header": "Agriculture representative", "nested": [], "links": [ { "text": "50 U.S.C. 4565(k)(2)", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "6. Rulemaking \nNot later than the end of the 120-day period beginning on the date of enactment of this Act, the Committee on Foreign Investment in the United States shall issue rules to carry out the amendments made by this Act.", "id": "H6EF170BD88C54AF5BDF8C754538D2E16", "header": "Rulemaking", "nested": [], "links": [] } ]
6
1. Short title This Act may be cited as the Protecting U.S. Farmland and Sensitive Sites From Foreign Adversaries Act. 2. Additional definitions Section 721(a) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a) ) is amended by adding at the end the following: (14) Elevated risk real estate transaction The term elevated risk real estate transaction means a real estate transaction described under paragraph (4)(B)(ii), in which— (A) the transaction is a purchase or lease by, or a concession to, a foreign adversary entity; and (B) the real estate— (i) is located within, or function as a part of, an air or maritime port; (ii) is in close proximity to a sensitive site; (iii) could reasonably provide the foreign adversary entity the ability to collect intelligence on activities being conducted at a sensitive site; or (iv) could otherwise expose national security activities at a sensitive site. (15) Foreign adversary The term foreign adversary means— (A) the People’s Republic of China, including all Special Administrative Regions; (B) the Republic of Cuba; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Russian Federation; and (F) the Bolivarian Republic of Venezuela during any period of time in which Nicholás Maduro is President of the Republic. (16) Foreign adversary entity The term foreign adversary entity means— (A) a foreign adversary; (B) a foreign person subject to the jurisdiction of, or organized under the laws of, a foreign adversary; and (C) a foreign person owned, directed, or controlled by an entity described in subparagraph (A) or (B). (17) Sensitive site The term sensitive site means— (A) military installations; (B) a military training route, as defined in section 183a(h) of title 10, United States Code; (C) airspace designated as special use airspace under part 73 of title 14, Code of Federal Regulations (or a successor regulation) and managed by the Department of Defense; (D) a controlled firing area, as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation) under the jurisdiction of the Secretary of Defense; (E) a military operations area, as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation); (F) facilities openly owned or operated by the U.S. intelligence community; (G) federally-funded research development centers; (H) university-affiliated research centers of the Department of Defense; (I) science and technology reinvention laboratories, as designated by the Secretary of Defense under section 4121 of title 10, United States Code; (J) airports, as listed on the website of the Federal Aviation Administration; (K) maritime ports, as determined by the Secretary of Transportation; (L) any electronic or telecommunications facility used to process, store, or transmit information (including fiber optic nodes, data centers, cloud computing facilities, satellite ground stations, and wireless transmission equipment) if— (i) the facility is part of a backbone or core network that serves a significant portion of the United States telecommunications network; (ii) the facility is located in close proximity to another sensitive site; (iii) the facility is a submarine cable landing station (as defined in section 60401(a) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 1741(a) )); (iv) the facility is used to process or store a large volume of sensitive information (such as classified or encrypted communications) or other data critical to national security, public safety, or economic security; or (v) the Chairman of the Federal Communications Commission determines the facility to be critical communications infrastructure; (M) electric powerplants, as determined by the Secretary of Homeland Security; and (N) any other site, as determined by the Secretary of Defense or the Secretary of Homeland Security.. 3. Protecting U.S. food security (a) Authorizing the Committee on Foreign Investment in the United States To consider food security in reviews of covered transactions Section 721(f) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(f) ) is amended— (1) in paragraph (10), by striking and at the end; (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: (11) the current and long-term projection of the requirements for sources of food, water, and other agricultural products in the United States in the aggregate, as well as locally and regionally, and the effects a covered transaction may have on United States food security, including through foreign adversary acquisition of biotechnology related to agriculture; and. (b) Expanding the jurisdiction of the Committee on Foreign Investment in the United States over real estate transactions Section 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) ) is amended— (1) in subparagraph (B)(ii)— (A) in subclause (II)— (i) by striking (II)(aa) is and inserting the following: (II) with respect to a purchase or lease by, or a concession to, a person who is not a foreign adversary entity— (aa) is ; and (ii) by adjusting the margin of item (bb) accordingly; and (iii) in item (bb)(CC), by striking ; and and inserting a period; and (B) by striking subclause (III); and (2) in subparagraph (C), by adding at the end the following: (iii) Limitation on Committee authority The Committee may not, by regulation or otherwise, specify additional criteria that must be met for a transaction to be described under subparagraph (B)(ii).. (c) Mandatory declarations Section 721(b)(1)(C)(v)(IV) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(1)(C)(v)(IV) ) is amended by adding at the end the following: (hh) Required declarations for elevated risk real estate transaction Notwithstanding item (dd), the parties to an elevated risk real estate transaction shall submit a declaration described in subclause (I) with respect to the transaction.. 4. Presumption of unresolvability of elevated risk real estate transactions (a) Presumption at the review stage Section 721(b)(2)(B) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(2)(B) ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (iii) a covered transaction is an elevated risk real estate transaction, unless the Committee— (I) determines, by clear and convincing evidence, that the covered transaction is not a risk to national security; and (II) submits a notification to the Committees on Agriculture and Financial Services of the House of Representatives, the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party of the House of Representatives, and the Committees on Agriculture and Banking, Housing, and Urban Affairs of the Senate containing such determination and the reasons therefore.. (b) Presumption at the investigation stage Section 721(l)(3) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(l)(3) ) is amended by adding at the end the following: (E) Application to elevated risk real estate transaction Notwithstanding subparagraph (A), an elevated risk real estate transaction shall be presumed to present a risk to national security that cannot be resolved through any agreement or condition, unless the Committee— (i) determines, by clear and convincing evidence, that the risk to national security of the transaction can be resolved in a manner other than by suspending or prohibiting the transaction; and (ii) submits a notification to the Committees on Agriculture and Financial Services of the House of Representatives, the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party of the House of Representatives, and the Committees on Agriculture and Banking, Housing, and Urban Affairs of the Senate containing such determination and the reasons therefore.. 5. Agriculture representative Section 721(k)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(2) ) is amended— (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (I), (J), and (K), respectively; and (2) by inserting after subparagraph (G) the following: (H) The Secretary of Agriculture, on all transactions related to the purchase of agriculture land, agriculture biotechnology, and any other transaction related to the agriculture industry in the United States, as determined by the Secretary of Agriculture.. 6. Rulemaking Not later than the end of the 120-day period beginning on the date of enactment of this Act, the Committee on Foreign Investment in the United States shall issue rules to carry out the amendments made by this Act.
8,803
[ "Energy and Commerce Committee", "Foreign Affairs Committee", "Financial Services Committee" ]
118hr2067ih
118
hr
2,067
ih
To provide for a limitation on availability of funds for Executive Office of the President, National Security Council and Homeland Security Council for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Executive Office of the President, National Security Council and Homeland Security Council for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Executive Office of the President, National Security Council and Homeland Security Council for fiscal year 2024 may not exceed $12,000,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Executive Office of the President, National Security Council and Homeland Security Council for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Executive Office of the President, National Security Council and Homeland Security Council for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Executive Office of the President, National Security Council and Homeland Security Council for fiscal year 2024 may not exceed $12,000,000.
408
[ "Intelligence (Permanent Select) Committee", "Foreign Affairs Committee", "Armed Services Committee" ]
118hr6752ih
118
hr
6,752
ih
To require prompt reporting of any incident in which the Armed Forces are involved in an attack or hostilities, and for other purposes.
[ { "text": "1. Report on Hostilities Involving United States Armed Forces \n(a) In general \nNot later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, the President shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the incident, unless the President— (1) otherwise reports the incident within 48 hours pursuant to section 4 of the War Powers Resolution ( 50 U.S.C. 1543 ); or (2) has determined prior to the incident, and so reported pursuant to section 1264 of the National Defense Authorization Act for Fiscal Year 2018 ( 50 U.S.C. 1549 ), that the United States Armed Forces involved in the incident would be operating under specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution ( 50 U.S.C. 1544(b) ). (b) Matters To be included \nEach report required by subsection (a) shall include— (1) the authority or authorities under which the United States Armed Forces were operating when the incident occurred; (2) the date, location, and duration of the incident and the other parties involved; (3) a description of the United States Armed Forces involved in the incident and the mission of such Armed Forces; (4) the numbers of any combatant casualties and civilian casualties that occurred as a result of the incident; and (5) any other information the President determines appropriate.", "id": "H88907499D85C4478A997D9B1DCE00880", "header": "Report on Hostilities Involving United States Armed Forces", "nested": [ { "text": "(a) In general \nNot later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, the President shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the incident, unless the President— (1) otherwise reports the incident within 48 hours pursuant to section 4 of the War Powers Resolution ( 50 U.S.C. 1543 ); or (2) has determined prior to the incident, and so reported pursuant to section 1264 of the National Defense Authorization Act for Fiscal Year 2018 ( 50 U.S.C. 1549 ), that the United States Armed Forces involved in the incident would be operating under specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution ( 50 U.S.C. 1544(b) ).", "id": "H4E6752AA1A67489CB2F606814037038C", "header": "In general", "nested": [], "links": [ { "text": "50 U.S.C. 1543", "legal-doc": "usc", "parsable-cite": "usc/50/1543" }, { "text": "50 U.S.C. 1549", "legal-doc": "usc", "parsable-cite": "usc/50/1549" }, { "text": "50 U.S.C. 1544(b)", "legal-doc": "usc", "parsable-cite": "usc/50/1544" } ] }, { "text": "(b) Matters To be included \nEach report required by subsection (a) shall include— (1) the authority or authorities under which the United States Armed Forces were operating when the incident occurred; (2) the date, location, and duration of the incident and the other parties involved; (3) a description of the United States Armed Forces involved in the incident and the mission of such Armed Forces; (4) the numbers of any combatant casualties and civilian casualties that occurred as a result of the incident; and (5) any other information the President determines appropriate.", "id": "H3A17C3EEE9E743B8B66400F77E80F623", "header": "Matters To be included", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 1543", "legal-doc": "usc", "parsable-cite": "usc/50/1543" }, { "text": "50 U.S.C. 1549", "legal-doc": "usc", "parsable-cite": "usc/50/1549" }, { "text": "50 U.S.C. 1544(b)", "legal-doc": "usc", "parsable-cite": "usc/50/1544" } ] } ]
1
1. Report on Hostilities Involving United States Armed Forces (a) In general Not later than 48 hours after any incident in which the United States Armed Forces are involved in an attack or hostilities, whether in an offensive or defensive capacity, the President shall transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the incident, unless the President— (1) otherwise reports the incident within 48 hours pursuant to section 4 of the War Powers Resolution ( 50 U.S.C. 1543 ); or (2) has determined prior to the incident, and so reported pursuant to section 1264 of the National Defense Authorization Act for Fiscal Year 2018 ( 50 U.S.C. 1549 ), that the United States Armed Forces involved in the incident would be operating under specific statutory authorization within the meaning of section 5(b) of the War Powers Resolution ( 50 U.S.C. 1544(b) ). (b) Matters To be included Each report required by subsection (a) shall include— (1) the authority or authorities under which the United States Armed Forces were operating when the incident occurred; (2) the date, location, and duration of the incident and the other parties involved; (3) a description of the United States Armed Forces involved in the incident and the mission of such Armed Forces; (4) the numbers of any combatant casualties and civilian casualties that occurred as a result of the incident; and (5) any other information the President determines appropriate.
1,564
[ "Foreign Affairs Committee" ]
118hr3196ih
118
hr
3,196
ih
To provide for the appointment of the Architect of the Capitol, and for other purposes.
[ { "text": "1. Short Title \nThis Act may be cited as the Architect of the Capitol Appointment Act of 2023.", "id": "HB5D6EEABA6BE479093111FDE8E3E75E3", "header": "Short Title", "nested": [], "links": [] }, { "text": "2. Appointment and term of service of Architect of the Capitol \n(a) Appointment \nThe Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the commission ) consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate. (b) Term of Service \nThe Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms. (c) Removal \nThe Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission. (d) Conforming amendments \n(1) Section 319 of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 1801 ) is repealed. (2) The matter under the heading For the Capitol: under the heading DEPARTMENT OF THE INTERIOR. of the Act of February 14, 1902 (32 Stat. 19, chapter 17; incorporated in 2 U.S.C. 1811 ) is amended by striking , and he shall be appointed by the President. (e) Effective Date \nThis section, and the amendments made by this section, shall apply with respect to appointments made on or after the date of enactment of this Act.", "id": "H2A1D3D8D874743D2B2022E4C8211251B", "header": "Appointment and term of service of Architect of the Capitol", "nested": [ { "text": "(a) Appointment \nThe Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the commission ) consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate.", "id": "H3E1A0394A668405481C322416BF0EA38", "header": "Appointment", "nested": [], "links": [] }, { "text": "(b) Term of Service \nThe Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms.", "id": "HD3EF459A0606425BBE30B6C7408C31A5", "header": "Term of Service", "nested": [], "links": [] }, { "text": "(c) Removal \nThe Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission.", "id": "H77E6FD0621BD43CA988481BF60F1EB9A", "header": "Removal", "nested": [], "links": [] }, { "text": "(d) Conforming amendments \n(1) Section 319 of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 1801 ) is repealed. (2) The matter under the heading For the Capitol: under the heading DEPARTMENT OF THE INTERIOR. of the Act of February 14, 1902 (32 Stat. 19, chapter 17; incorporated in 2 U.S.C. 1811 ) is amended by striking , and he shall be appointed by the President.", "id": "H8BE660873771441BB32E7FE65550FF9B", "header": "Conforming amendments", "nested": [], "links": [ { "text": "2 U.S.C. 1801", "legal-doc": "usc", "parsable-cite": "usc/2/1801" }, { "text": "2 U.S.C. 1811", "legal-doc": "usc", "parsable-cite": "usc/2/1811" } ] }, { "text": "(e) Effective Date \nThis section, and the amendments made by this section, shall apply with respect to appointments made on or after the date of enactment of this Act.", "id": "H7F225248A2CB42A5AB4416245EDB6A4B", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 1801", "legal-doc": "usc", "parsable-cite": "usc/2/1801" }, { "text": "2 U.S.C. 1811", "legal-doc": "usc", "parsable-cite": "usc/2/1811" } ] }, { "text": "3. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect \nSection 1203 of title I of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1805 ) is amended— (1) in subsection (a)— (A) by inserting (in this section referred to as the Architect ) after The Architect of the Capitol ; and (B) by inserting (in this section referred to as the Deputy Architect ) after Deputy Architect of the Capitol ; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) Deadline \nThe Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after— (1) the date on which the Architect is appointed under section 2 of the Architect of the Capitol Appointment Act of 2023 , if there is no Deputy Architect on the date of the appointment; or (2) the date on which a vacancy arises in the office of the Deputy Architect. ; (4) in subsection (c), as so redesignated, by striking of the Capitol each place it appears; and (5) by adding at the end the following: (d) Failure To appoint \nIf the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in section 2(a) of the Architect of the Capitol Appointment Act of 2023 shall appoint the Deputy Architect by a majority vote of the members of the commission. (e) Notification \nIf the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in section 2(a) of the Architect of the Capitol Appointment Act of 2023..", "id": "HF2613FFE50F04B5D81E19DB8F28E49AF", "header": "Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect", "nested": [], "links": [ { "text": "2 U.S.C. 1805", "legal-doc": "usc", "parsable-cite": "usc/2/1805" } ] }, { "text": "4. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy \n(a) In general \nThe Deputy Architect of the Capitol (in this section referred to as the Deputy Architect ) shall act as Architect of the Capitol (in this section referred to as the Architect ) if the Architect is absent or disabled or there is no Architect. (b) Absence, disability, or vacancy in office of Deputy Architect \nFor purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in section 2(a) shall designate, by a majority vote of the members of the commission, an individual to serve as acting Architect until— (1) the end of the absence or disability of the Architect or the Deputy Architect; or (2) in the case of vacancies in both positions, an Architect has been appointed under section 2(a) of this Act. (c) Authority \nAn officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with the matter under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Appropriation Act, 1956 ( 2 U.S.C. 1803 ). (d) Conforming amendment \nThe matter under the heading Salaries under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Branch Appropriation Act, 1971 ( 2 U.S.C. 1804 ) is amended by striking : Provided , and all that follows through no Architect.", "id": "HE9B4B2516F9546E49C86DBB680CC7B44", "header": "Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy", "nested": [ { "text": "(a) In general \nThe Deputy Architect of the Capitol (in this section referred to as the Deputy Architect ) shall act as Architect of the Capitol (in this section referred to as the Architect ) if the Architect is absent or disabled or there is no Architect.", "id": "HEB5EB78A1C794C3B9A87F12EC8AD349C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Absence, disability, or vacancy in office of Deputy Architect \nFor purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in section 2(a) shall designate, by a majority vote of the members of the commission, an individual to serve as acting Architect until— (1) the end of the absence or disability of the Architect or the Deputy Architect; or (2) in the case of vacancies in both positions, an Architect has been appointed under section 2(a) of this Act.", "id": "HAB48A3084A4E4BC3A300523ED3C1B5C2", "header": "Absence, disability, or vacancy in office of Deputy Architect", "nested": [], "links": [] }, { "text": "(c) Authority \nAn officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with the matter under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Appropriation Act, 1956 ( 2 U.S.C. 1803 ).", "id": "H9A5BF7014F704D88B5D41B35AC0CF6D9", "header": "Authority", "nested": [], "links": [ { "text": "2 U.S.C. 1803", "legal-doc": "usc", "parsable-cite": "usc/2/1803" } ] }, { "text": "(d) Conforming amendment \nThe matter under the heading Salaries under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Branch Appropriation Act, 1971 ( 2 U.S.C. 1804 ) is amended by striking : Provided , and all that follows through no Architect.", "id": "HCAF46CF351B242DC9A66C6CB1E985AE6", "header": "Conforming amendment", "nested": [], "links": [ { "text": "2 U.S.C. 1804", "legal-doc": "usc", "parsable-cite": "usc/2/1804" } ] } ], "links": [ { "text": "2 U.S.C. 1803", "legal-doc": "usc", "parsable-cite": "usc/2/1803" }, { "text": "2 U.S.C. 1804", "legal-doc": "usc", "parsable-cite": "usc/2/1804" } ] } ]
4
1. Short Title This Act may be cited as the Architect of the Capitol Appointment Act of 2023. 2. Appointment and term of service of Architect of the Capitol (a) Appointment The Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the commission ) consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate. (b) Term of Service The Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms. (c) Removal The Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission. (d) Conforming amendments (1) Section 319 of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 1801 ) is repealed. (2) The matter under the heading For the Capitol: under the heading DEPARTMENT OF THE INTERIOR. of the Act of February 14, 1902 (32 Stat. 19, chapter 17; incorporated in 2 U.S.C. 1811 ) is amended by striking , and he shall be appointed by the President. (e) Effective Date This section, and the amendments made by this section, shall apply with respect to appointments made on or after the date of enactment of this Act. 3. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect Section 1203 of title I of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1805 ) is amended— (1) in subsection (a)— (A) by inserting (in this section referred to as the Architect ) after The Architect of the Capitol ; and (B) by inserting (in this section referred to as the Deputy Architect ) after Deputy Architect of the Capitol ; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) Deadline The Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after— (1) the date on which the Architect is appointed under section 2 of the Architect of the Capitol Appointment Act of 2023 , if there is no Deputy Architect on the date of the appointment; or (2) the date on which a vacancy arises in the office of the Deputy Architect. ; (4) in subsection (c), as so redesignated, by striking of the Capitol each place it appears; and (5) by adding at the end the following: (d) Failure To appoint If the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in section 2(a) of the Architect of the Capitol Appointment Act of 2023 shall appoint the Deputy Architect by a majority vote of the members of the commission. (e) Notification If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in section 2(a) of the Architect of the Capitol Appointment Act of 2023.. 4. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy (a) In general The Deputy Architect of the Capitol (in this section referred to as the Deputy Architect ) shall act as Architect of the Capitol (in this section referred to as the Architect ) if the Architect is absent or disabled or there is no Architect. (b) Absence, disability, or vacancy in office of Deputy Architect For purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in section 2(a) shall designate, by a majority vote of the members of the commission, an individual to serve as acting Architect until— (1) the end of the absence or disability of the Architect or the Deputy Architect; or (2) in the case of vacancies in both positions, an Architect has been appointed under section 2(a) of this Act. (c) Authority An officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with the matter under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Appropriation Act, 1956 ( 2 U.S.C. 1803 ). (d) Conforming amendment The matter under the heading Salaries under the heading Office of the Architect of the Capitol under the heading Architect of the Capitol of the Legislative Branch Appropriation Act, 1971 ( 2 U.S.C. 1804 ) is amended by striking : Provided , and all that follows through no Architect.
5,208
[ "Committee on House Administration", "Transportation and Infrastructure Committee" ]
118hr605ih
118
hr
605
ih
To amend the Special Drawing Rights Act in order to strengthen congressional oversight with respect to allocations of Special Drawing Rights by the International Monetary Fund, and to prohibit such allocations for perpetrators of genocide and state sponsors of terrorism without congressional authorization, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Special Drawing Rights Oversight Act of 2023.", "id": "H853BAF679B8743FC9A1A719D080ED471", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds as follows: (1) The allocation of Special Drawing Rights (SDRs) through the International Monetary Fund (IMF) creates unconditional liquidity for IMF member countries. (2) According to article XVIII of the Articles of Agreement of the IMF, allocations of SDRs shall seek to meet the long-term global need in reserve assets. (3) SDRs are allocated in proportion to the quotas of IMF members, such that the G20 alone is entitled to approximately two-thirds of a general allocation. At the same time, the Board of Governors of the Federal Reserve System has swap line arrangements with the central banks of eight G20 members, including the European Central Bank, the Bank of Japan, and the Bank of England, for the purpose of providing sufficient liquidity. (4) The size of SDR allocations has expanded dramatically, rising from 9,300,000,000 SDRs in 1970–1972, to 12,100,000,000 SDRs in 1979–1981, to 204,000,000,000 SDRs in 2009, with proposals for a new, unilateral allocation that bypasses congressional authorization in an amount of approximately 450,000,000,000 SDRs. (5) Under current law, the Secretary of the Treasury is able to bypass Congress and approve an allocation of SDRs in a manner that provides unconditional liquidity in the following approximate amounts: $41,700,000,000 to the People’s Republic of China; $17,600,000,000 to the Russian Federation; $4,900,000,000 to the Islamic Republic of Iran, and $5,000,000,000 to Venezuela. In addition, current law permits allocations in these amounts to be made in successive years that span two basic periods. (6) In the 98th Congress, the House of Representatives passed the bipartisan International Recovery and Financial Stability Act, which would have prohibited new allocations of SDRs without congressional authorization.", "id": "HF8B63856A9BD40AFA747EAFB35F95054", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Strengthening congressional oversight \nSection 6 of the Special Drawing Rights Act ( 22 U.S.C. 286q ) is amended— (1) in subsection (a)— (A) by striking each basic period and inserting any 10-year period ; and (B) by inserting 25 percent of before the United States quota ; and (2) in subsection (b)— (A) by inserting , or consent to or acquiesce in such an allocation, before without consultations ; (B) by striking 90 and inserting 180 ; and (C) by inserting Chairman and ranking minority members of before the appropriate subcommittees.", "id": "H4FFB03D9B7704DD78AC4A759B02C3F03", "header": "Strengthening congressional oversight", "nested": [], "links": [ { "text": "22 U.S.C. 286q", "legal-doc": "usc", "parsable-cite": "usc/22/286q" } ] }, { "text": "4. Prohibition on allocations for perpetrators of genocide and state sponsors of terrorism without congressional authorization \nSection 6(b) of the Special Drawing Rights Act ( 22 U.S.C. 286q(b) ) is amended by adding at the end the following: (3) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States vote to allocate Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund to a member country of the Fund, if the President of the United States has found that the government of the member country— (A) has committed genocide at any time during the 10-year period ending with the date of the vote; or (B) has repeatedly provided support for acts of international terrorism..", "id": "H754E03D767A245EDB0A0FAB6B07EAE4E", "header": "Prohibition on allocations for perpetrators of genocide and state sponsors of terrorism without congressional authorization", "nested": [], "links": [ { "text": "22 U.S.C. 286q(b)", "legal-doc": "usc", "parsable-cite": "usc/22/286q" } ] } ]
4
1. Short title This Act may be cited as the Special Drawing Rights Oversight Act of 2023. 2. Findings The Congress finds as follows: (1) The allocation of Special Drawing Rights (SDRs) through the International Monetary Fund (IMF) creates unconditional liquidity for IMF member countries. (2) According to article XVIII of the Articles of Agreement of the IMF, allocations of SDRs shall seek to meet the long-term global need in reserve assets. (3) SDRs are allocated in proportion to the quotas of IMF members, such that the G20 alone is entitled to approximately two-thirds of a general allocation. At the same time, the Board of Governors of the Federal Reserve System has swap line arrangements with the central banks of eight G20 members, including the European Central Bank, the Bank of Japan, and the Bank of England, for the purpose of providing sufficient liquidity. (4) The size of SDR allocations has expanded dramatically, rising from 9,300,000,000 SDRs in 1970–1972, to 12,100,000,000 SDRs in 1979–1981, to 204,000,000,000 SDRs in 2009, with proposals for a new, unilateral allocation that bypasses congressional authorization in an amount of approximately 450,000,000,000 SDRs. (5) Under current law, the Secretary of the Treasury is able to bypass Congress and approve an allocation of SDRs in a manner that provides unconditional liquidity in the following approximate amounts: $41,700,000,000 to the People’s Republic of China; $17,600,000,000 to the Russian Federation; $4,900,000,000 to the Islamic Republic of Iran, and $5,000,000,000 to Venezuela. In addition, current law permits allocations in these amounts to be made in successive years that span two basic periods. (6) In the 98th Congress, the House of Representatives passed the bipartisan International Recovery and Financial Stability Act, which would have prohibited new allocations of SDRs without congressional authorization. 3. Strengthening congressional oversight Section 6 of the Special Drawing Rights Act ( 22 U.S.C. 286q ) is amended— (1) in subsection (a)— (A) by striking each basic period and inserting any 10-year period ; and (B) by inserting 25 percent of before the United States quota ; and (2) in subsection (b)— (A) by inserting , or consent to or acquiesce in such an allocation, before without consultations ; (B) by striking 90 and inserting 180 ; and (C) by inserting Chairman and ranking minority members of before the appropriate subcommittees. 4. Prohibition on allocations for perpetrators of genocide and state sponsors of terrorism without congressional authorization Section 6(b) of the Special Drawing Rights Act ( 22 U.S.C. 286q(b) ) is amended by adding at the end the following: (3) Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States vote to allocate Special Drawing Rights under article XVIII, sections 2 and 3, of the Articles of Agreement of the Fund to a member country of the Fund, if the President of the United States has found that the government of the member country— (A) has committed genocide at any time during the 10-year period ending with the date of the vote; or (B) has repeatedly provided support for acts of international terrorism..
3,252
[ "Financial Services Committee" ]
118hr7776ih
118
hr
7,776
ih
To amend the Boulder Canyon Project Act to authorize the Secretary of the Interior to expend amounts in the Colorado River Dam fund, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Help Hoover Dam Act.", "id": "H2787B7BE02E64FEEB8CE1AB17A3E0036", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authorization to expend amounts \nSection 2 of the Act of December 21, 1928 ( 43 U.S.C. 617 , et seq.; commonly known as the Boulder Canyon Project Act ), is amended by adding at the end the following: (f) The Secretary of the Interior is authorized to expend moneys in the fund, including moneys in account XXXR5656P1, that were and hereafter are recovered on a non-reimbursable basis, for any authorized activity, including operations, maintenance, investigation and cleanup actions, and capital improvements, within the Boulder Canyon Project at Hoover Dam or on land used for the construction and operation of the Hoover Dam, subject to the review and approval of the Boulder Canyon Project contractors as identified in the Hoover Power Allocation Act of 2011 ( Public Law 112–72 )..", "id": "H9C9BA232EE544BB392B9F10022386F8A", "header": "Authorization to expend amounts", "nested": [], "links": [ { "text": "43 U.S.C. 617", "legal-doc": "usc", "parsable-cite": "usc/43/617" }, { "text": "Public Law 112–72", "legal-doc": "public-law", "parsable-cite": "pl/112/72" } ] } ]
2
1. Short title This Act may be cited as the Help Hoover Dam Act. 2. Authorization to expend amounts Section 2 of the Act of December 21, 1928 ( 43 U.S.C. 617 , et seq.; commonly known as the Boulder Canyon Project Act ), is amended by adding at the end the following: (f) The Secretary of the Interior is authorized to expend moneys in the fund, including moneys in account XXXR5656P1, that were and hereafter are recovered on a non-reimbursable basis, for any authorized activity, including operations, maintenance, investigation and cleanup actions, and capital improvements, within the Boulder Canyon Project at Hoover Dam or on land used for the construction and operation of the Hoover Dam, subject to the review and approval of the Boulder Canyon Project contractors as identified in the Hoover Power Allocation Act of 2011 ( Public Law 112–72 )..
855
[ "Natural Resources Committee" ]
118hr218ih
118
hr
218
ih
To require agencies to publish an advance notice of proposed rulemaking for major rules, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Expedited Removal Codification Act of 2023.", "id": "HADAB31F0E5674FE2AC1CEFE249A22174", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Designating aliens for expedited removal \nThe notice titled, Designating Aliens for Expedited Removal , issued by the Department of Homeland Security on July 23, 2019 (84 Fed. Reg. 35409), shall have the full force and effect of law.", "id": "H6DCA70ACAAB548B78D8A190830C9D885", "header": "Designating aliens for expedited removal", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Expedited Removal Codification Act of 2023. 2. Designating aliens for expedited removal The notice titled, Designating Aliens for Expedited Removal , issued by the Department of Homeland Security on July 23, 2019 (84 Fed. Reg. 35409), shall have the full force and effect of law.
325
[ "Judiciary Committee" ]
118hr981ih
118
hr
981
ih
To authorize implementation grants to community-based nonprofits to operate one-stop reentry centers.
[ { "text": "1. Short title \nThis Act may be cited as the One Stop Shop Community Reentry Program Act of 2023.", "id": "H7B2A6DB94F0E4C9F90BE7BF2D5C14A96", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Community reentry center grant program \n(a) Program authorized \nThe Attorney General is authorized to carry out a grant program to make grants to eligible entities for the purpose of creating community reentry centers. (b) Application requirements \nEach application for a grant under this section shall— (1) demonstrate a plan to work with community stakeholders who interact with formerly incarcerated people or individuals with a conviction record and their families to— (A) identify specific strategies and approaches to providing reentry services; (B) develop a needs assessment tool to survey or conduct focus groups with community members in order to identify— (i) the needs of individuals after conviction or incarceration, and the barriers such individuals face; and (ii) the needs of the families and communities to which such individuals belong; and (C) use the information gathered pursuant to subparagraph (B) to determine the reentry services to be provided by the community reentry center; (2) identify the institutions from which individuals who are released from incarceration are likely to reenter the community served by the community reentry center, and develop a plan, if feasible, to provide transportation for such released individuals to the community reentry center, to the individual’s residence, or to a location where the individual is ordered by a court to report; (3) demonstrate a plan to provide accessible notice of the location of the reentry intake and coordination center and the services that it will provide (either directly or on a referral basis), including, where feasible, within and outside of institutions identified under paragraph (1); (4) demonstrate a plan to provide intake and reentry needs assessment that is trauma-informed and gender-responsive after an individual is released from an institution, or, in the case of an individual who is convicted of an offense and not sentenced to a term of imprisonment, after such conviction, and where feasible, before release, to ensure that the individuals served by the center are referred to appropriate reentry services based on the individual’s needs immediately upon release from an institution or after conviction, and continuously thereafter as needed; (5) demonstrate a plan to provide the reentry services identified in paragraph (1)(C); (6) demonstrate a plan to continue to provide services (including through referral) for individuals served by the center who move to a different geographic area to ensure appropriate case management, case planning, and access to continuous or new services, where necessary, and based on consistent reevaluation of needs; (7) identify specific methods that the community reentry center will employ to achieve performance objectives among the individuals served by the center, including— (A) increased access to and participation in reentry services; (B) reduction in recidivism rates; (C) increased numbers of individuals obtaining and retaining employment; (D) increased enrollment in and degrees earned from educational programs, including high school or the equivalent thereof, and institutions of higher education, and receipt of professional or occupational licenses; (E) increased enrollment in vocational rehabilitation, technical schools, or vocational training; (F) increased numbers of individuals obtaining and maintaining permanent and stable housing; and (G) increased self-reports of successful community living, including stability of living situation and positive family relationships; and (8) to the extent practicable, identify State, local, and private funds available to supplement the funds received under this section. (c) Preference \nThe Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals who have been convicted of an offense, or served a term of imprisonment and have completed any court-ordered supervision, or that, to the extent allowable by law, employ such formerly incarcerated individuals in positions of responsibility. (d) Evaluation and report \n(1) Evaluation \nThe Attorney General shall enter into an agreement with a nonprofit organization with expertise in analyzing data related to reentry services and recidivism to monitor and evaluate each recipient of funds under this section. (2) Report \nNot later than one year after the date on which grants are initially made under this section, and annually thereafter, the Attorney General shall submit to Congress a report on the program, which shall include— (A) the number of grants made, the number of eligible entities receiving such grants, and the amount of funding distributed to each eligible entity pursuant to this section; (B) the location of each eligible entity receiving such a grant, and the population served by the community reentry center; (C) the number of persons who have participated in reentry services offered by a community reentry center, disaggregated by type of services, and success rates of participants in each service to the extent possible; (D) the number of persons who have participated in reentry services for which they received a referral from a community reentry center, disaggregated by type of services, and success rates of participants in each service; (E) recidivism rates within the population served by each community reentry center, both before and after receiving a grant under this section; (F) the numbers of individuals obtaining and retaining employment within the population served by each community reentry center, both before and after receiving a grant under this section; (G) the number of individuals obtaining and maintaining housing within the population served by each community reentry center, both before and after receiving a grant under this section; (H) the number of individuals enrolled in an educational program, including high school, or the equivalent thereof, and institutions of higher education, both before and after receiving a grant under this section; (I) the number of individuals enrolled in vocational rehabilitation, technical schools, or vocational training, both before and after receiving a grant under this section; (J) for each eligible entity receiving a grant under this section, the number of individuals employed who have been convicted of an offense, or served a term of imprisonment and have completed any court-ordered supervision, to include the number of formerly incarcerated individuals in positions of responsibility; and (K) other relevant information, which may include recommendations, if any, to improve the effectiveness and efficiency of the grant program under this section, and to address barriers faced by individuals receiving reentry services from community reentry centers. (e) Definitions \nIn this section: (1) Community stakeholder \nThe term community stakeholder — (A) means an individual who serves the community; and (B) includes— (i) a school official; (ii) a faith leader; (iii) a social service provider; (iv) a leader of a neighborhood association; (v) a public safety representative; (vi) an employee of an organization that provides reentry services; (vii) a member of a civic or volunteer group related to the provision of reentry services; (viii) a health care professional; and (ix) an employee of a State, local, or tribal government agency with expertise in the provision of reentry services. (2) Community reentry center \nThe term community reentry center means a center that— (A) offers intake, reentry needs assessments, case management, and case planning for reentry services for individuals after conviction or incarceration; (B) provides the reentry services identified under subsection (b)(1)(C) at a single location; and (C) provides referrals to appropriate service providers based on the assessment of needs of the individuals. (3) Eligible entity \nThe term eligible entity means a community-based nonprofit organization that— (A) has expertise in the provision of reentry services; and (B) is located in a geographic area that has disproportionately high numbers of residents, when compared to the local community, who— (i) have been arrested; (ii) have been convicted of a criminal offense; and (iii) return to such geographic area after incarceration. (4) Reentry services \nThe term reentry services — (A) means comprehensive and holistic services that improve outcomes for individuals after conviction or incarceration; and (B) includes— (i) seeking and maintaining employment, including— (I) assistance with drafting resumes, establishing emails accounts, locating job solicitations, submitting of job applications, and preparing for interviews; and (II) securing any licenses, certifications, government-issued identifications, or other documentation necessary to obtain employment; (ii) placement in job placement programs that partner with private employers; (iii) obtaining free and low-cost job skills classes, including computer skills, technical skills, vocational skills, and any other job-related or other necessary skills; (iv) supporting preparation for postsecondary education, including academic counseling, peer mentoring, and community support; (v) locating and maintaining housing, which may include housing counseling, assisting with finding and securing affordable housing including in areas of opportunity, assisting with applications for subsidized housing and housing-related benefits, locating and identifying temporary shelter when housing cannot be found immediately, and applying for home energy and utility assistance programs; (vi) obtaining identification cards, driver’s licenses, replacement Social Security cards, birth certificates, and citizenship or immigration documentation; (vii) registering to vote, and applying for voting rights to be restored, where permitted by law; (viii) applying for or accessing high school equivalency classes, vocational rehabilitation, or technical courses; (ix) applying for loans for and admission to institutions of higher education; (x) financial counseling planning, empowerment, or coaching; (xi) legal assistance or referrals for record sealing or expungement, forfeiture of property or assets, family law and custody matters, legal aid services (including other civil legal aid services), and relevant civil matters including housing and other issues; (xii) retrieving property or funds retained by the arresting agency or facility of incarceration, or retrieving property or funds obtained while incarcerated; (xiii) transportation, including through provision of transit fare; (xiv) individual and familial counseling; (xv) problem-solving, in coordination with counsel where necessary, any difficulties in compliance with court-ordered supervision requirements, including restrictions on living with certain family members, contact with certain friends, bond requirements, location and residency restrictions, electronic monitoring compliance, court-ordered substance use disorder treatment, and other court-ordered requirements; (xvi) communication needs, including providing a mobile phone, mobile phone service or access, or internet access; (xvii) applying for State or Federal government benefits, where eligible, and assisting in locating free or reduced cost food and sustenance benefits; (xviii) life skills assistance; (xix) mentorship; (xx) medical and mental health services, and cognitive-behavioral programming; (xxi) substance use disorder treatment; (xxii) reactivation, application for, and maintenance of professional or other licenses; (xxiii) providing case management services, in connection with court-ordered terms of release, or other local publicly supported social work case management; (xxiv) safety planning with victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking; and (xxv) applying for State Vocational Rehabilitation services for individuals with disabilities that may qualify or conduct an evaluation to determine whether they may be eligible or potentially eligible for vocational rehabilitation services. (5) Success rate \nThe term success rate means the rate of recidivism (as measured by a subsequent conviction or return to prison), job placement, permanent housing placement, or completion of certification, trade, or other education program. (f) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2028 to carry out this section. (2) Equitable distribution \nThe Attorney General shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations, including Indian Tribes, consistent with the objective of reducing recidivism.", "id": "HFAEAE12D352D4BE4814157CFB70B6B93", "header": "Community reentry center grant program", "nested": [ { "text": "(a) Program authorized \nThe Attorney General is authorized to carry out a grant program to make grants to eligible entities for the purpose of creating community reentry centers.", "id": "HA91233AF19D1480B8853AD2030455A3D", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(b) Application requirements \nEach application for a grant under this section shall— (1) demonstrate a plan to work with community stakeholders who interact with formerly incarcerated people or individuals with a conviction record and their families to— (A) identify specific strategies and approaches to providing reentry services; (B) develop a needs assessment tool to survey or conduct focus groups with community members in order to identify— (i) the needs of individuals after conviction or incarceration, and the barriers such individuals face; and (ii) the needs of the families and communities to which such individuals belong; and (C) use the information gathered pursuant to subparagraph (B) to determine the reentry services to be provided by the community reentry center; (2) identify the institutions from which individuals who are released from incarceration are likely to reenter the community served by the community reentry center, and develop a plan, if feasible, to provide transportation for such released individuals to the community reentry center, to the individual’s residence, or to a location where the individual is ordered by a court to report; (3) demonstrate a plan to provide accessible notice of the location of the reentry intake and coordination center and the services that it will provide (either directly or on a referral basis), including, where feasible, within and outside of institutions identified under paragraph (1); (4) demonstrate a plan to provide intake and reentry needs assessment that is trauma-informed and gender-responsive after an individual is released from an institution, or, in the case of an individual who is convicted of an offense and not sentenced to a term of imprisonment, after such conviction, and where feasible, before release, to ensure that the individuals served by the center are referred to appropriate reentry services based on the individual’s needs immediately upon release from an institution or after conviction, and continuously thereafter as needed; (5) demonstrate a plan to provide the reentry services identified in paragraph (1)(C); (6) demonstrate a plan to continue to provide services (including through referral) for individuals served by the center who move to a different geographic area to ensure appropriate case management, case planning, and access to continuous or new services, where necessary, and based on consistent reevaluation of needs; (7) identify specific methods that the community reentry center will employ to achieve performance objectives among the individuals served by the center, including— (A) increased access to and participation in reentry services; (B) reduction in recidivism rates; (C) increased numbers of individuals obtaining and retaining employment; (D) increased enrollment in and degrees earned from educational programs, including high school or the equivalent thereof, and institutions of higher education, and receipt of professional or occupational licenses; (E) increased enrollment in vocational rehabilitation, technical schools, or vocational training; (F) increased numbers of individuals obtaining and maintaining permanent and stable housing; and (G) increased self-reports of successful community living, including stability of living situation and positive family relationships; and (8) to the extent practicable, identify State, local, and private funds available to supplement the funds received under this section.", "id": "HACE4631B59494FB0B0062DD69728755E", "header": "Application requirements", "nested": [], "links": [] }, { "text": "(c) Preference \nThe Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals who have been convicted of an offense, or served a term of imprisonment and have completed any court-ordered supervision, or that, to the extent allowable by law, employ such formerly incarcerated individuals in positions of responsibility.", "id": "H070182F270F8476D8B5481422A62F3E5", "header": "Preference", "nested": [], "links": [] }, { "text": "(d) Evaluation and report \n(1) Evaluation \nThe Attorney General shall enter into an agreement with a nonprofit organization with expertise in analyzing data related to reentry services and recidivism to monitor and evaluate each recipient of funds under this section. (2) Report \nNot later than one year after the date on which grants are initially made under this section, and annually thereafter, the Attorney General shall submit to Congress a report on the program, which shall include— (A) the number of grants made, the number of eligible entities receiving such grants, and the amount of funding distributed to each eligible entity pursuant to this section; (B) the location of each eligible entity receiving such a grant, and the population served by the community reentry center; (C) the number of persons who have participated in reentry services offered by a community reentry center, disaggregated by type of services, and success rates of participants in each service to the extent possible; (D) the number of persons who have participated in reentry services for which they received a referral from a community reentry center, disaggregated by type of services, and success rates of participants in each service; (E) recidivism rates within the population served by each community reentry center, both before and after receiving a grant under this section; (F) the numbers of individuals obtaining and retaining employment within the population served by each community reentry center, both before and after receiving a grant under this section; (G) the number of individuals obtaining and maintaining housing within the population served by each community reentry center, both before and after receiving a grant under this section; (H) the number of individuals enrolled in an educational program, including high school, or the equivalent thereof, and institutions of higher education, both before and after receiving a grant under this section; (I) the number of individuals enrolled in vocational rehabilitation, technical schools, or vocational training, both before and after receiving a grant under this section; (J) for each eligible entity receiving a grant under this section, the number of individuals employed who have been convicted of an offense, or served a term of imprisonment and have completed any court-ordered supervision, to include the number of formerly incarcerated individuals in positions of responsibility; and (K) other relevant information, which may include recommendations, if any, to improve the effectiveness and efficiency of the grant program under this section, and to address barriers faced by individuals receiving reentry services from community reentry centers.", "id": "H2622A50B6D2A4402BCDB673E41AE1BE8", "header": "Evaluation and report", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Community stakeholder \nThe term community stakeholder — (A) means an individual who serves the community; and (B) includes— (i) a school official; (ii) a faith leader; (iii) a social service provider; (iv) a leader of a neighborhood association; (v) a public safety representative; (vi) an employee of an organization that provides reentry services; (vii) a member of a civic or volunteer group related to the provision of reentry services; (viii) a health care professional; and (ix) an employee of a State, local, or tribal government agency with expertise in the provision of reentry services. (2) Community reentry center \nThe term community reentry center means a center that— (A) offers intake, reentry needs assessments, case management, and case planning for reentry services for individuals after conviction or incarceration; (B) provides the reentry services identified under subsection (b)(1)(C) at a single location; and (C) provides referrals to appropriate service providers based on the assessment of needs of the individuals. (3) Eligible entity \nThe term eligible entity means a community-based nonprofit organization that— (A) has expertise in the provision of reentry services; and (B) is located in a geographic area that has disproportionately high numbers of residents, when compared to the local community, who— (i) have been arrested; (ii) have been convicted of a criminal offense; and (iii) return to such geographic area after incarceration. (4) Reentry services \nThe term reentry services — (A) means comprehensive and holistic services that improve outcomes for individuals after conviction or incarceration; and (B) includes— (i) seeking and maintaining employment, including— (I) assistance with drafting resumes, establishing emails accounts, locating job solicitations, submitting of job applications, and preparing for interviews; and (II) securing any licenses, certifications, government-issued identifications, or other documentation necessary to obtain employment; (ii) placement in job placement programs that partner with private employers; (iii) obtaining free and low-cost job skills classes, including computer skills, technical skills, vocational skills, and any other job-related or other necessary skills; (iv) supporting preparation for postsecondary education, including academic counseling, peer mentoring, and community support; (v) locating and maintaining housing, which may include housing counseling, assisting with finding and securing affordable housing including in areas of opportunity, assisting with applications for subsidized housing and housing-related benefits, locating and identifying temporary shelter when housing cannot be found immediately, and applying for home energy and utility assistance programs; (vi) obtaining identification cards, driver’s licenses, replacement Social Security cards, birth certificates, and citizenship or immigration documentation; (vii) registering to vote, and applying for voting rights to be restored, where permitted by law; (viii) applying for or accessing high school equivalency classes, vocational rehabilitation, or technical courses; (ix) applying for loans for and admission to institutions of higher education; (x) financial counseling planning, empowerment, or coaching; (xi) legal assistance or referrals for record sealing or expungement, forfeiture of property or assets, family law and custody matters, legal aid services (including other civil legal aid services), and relevant civil matters including housing and other issues; (xii) retrieving property or funds retained by the arresting agency or facility of incarceration, or retrieving property or funds obtained while incarcerated; (xiii) transportation, including through provision of transit fare; (xiv) individual and familial counseling; (xv) problem-solving, in coordination with counsel where necessary, any difficulties in compliance with court-ordered supervision requirements, including restrictions on living with certain family members, contact with certain friends, bond requirements, location and residency restrictions, electronic monitoring compliance, court-ordered substance use disorder treatment, and other court-ordered requirements; (xvi) communication needs, including providing a mobile phone, mobile phone service or access, or internet access; (xvii) applying for State or Federal government benefits, where eligible, and assisting in locating free or reduced cost food and sustenance benefits; (xviii) life skills assistance; (xix) mentorship; (xx) medical and mental health services, and cognitive-behavioral programming; (xxi) substance use disorder treatment; (xxii) reactivation, application for, and maintenance of professional or other licenses; (xxiii) providing case management services, in connection with court-ordered terms of release, or other local publicly supported social work case management; (xxiv) safety planning with victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking; and (xxv) applying for State Vocational Rehabilitation services for individuals with disabilities that may qualify or conduct an evaluation to determine whether they may be eligible or potentially eligible for vocational rehabilitation services. (5) Success rate \nThe term success rate means the rate of recidivism (as measured by a subsequent conviction or return to prison), job placement, permanent housing placement, or completion of certification, trade, or other education program.", "id": "H9F0476ACB5C24EDBAFAC01C424CEAB0B", "header": "Definitions", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2028 to carry out this section. (2) Equitable distribution \nThe Attorney General shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations, including Indian Tribes, consistent with the objective of reducing recidivism.", "id": "H16C3A91BDB824DE8A966AEB0E5D15E3A", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Grants for reentry services assistance hotlines \n(a) Grants authorized \n(1) In general \nThe Attorney General is authorized to make grants to States, Indian Tribes, and units of local government to operate reentry services assistance hotlines that are toll-free and operate 24 hours a day, 7 days a week. (2) Grant period \nA grant made under paragraph (1) shall be for a period of not more than 5 years. (b) Hotline requirements \nA grant recipient shall ensure, with respect to a hotline funded by a grant under subsection (a), that— (1) the hotline directs individuals to local reentry services (as such term is defined in section 2(e)); (2) any personally identifiable information that an individual provides to an agency of the State or Indian Tribe through the hotline is not directly or indirectly disclosed, without the consent of the individual, to any other agency or entity, or person; (3) the staff members who operate the hotline are trained to be knowledgeable about— (A) applicable Federal, State, Tribal, and local reentry services; and (B) the unique barriers to successful reentry into the community after a person has been convicted or incarcerated; (4) the hotline is accessible to— (A) individuals with limited English proficiency, consistent with applicable law; and (B) individuals with disabilities; (5) the hotline has the capability to engage with individuals using text messages. (c) Best practices \nThe Attorney General shall issue guidance to grant recipients on best practices for implementing the requirements of subsection (b). (d) Preference \nThe Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals to operate the hotline who have been convicted of an offense, or have served a term of imprisonment and have completed any court-ordered supervision. (e) Definitions \nIn this section: (1) Indian Tribe \nThe 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 ). (2) State \nThe term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (f) Authorization of appropriations \nThere is authorized to be appropriated $1,500,000 for each of fiscal years 2024 through 2028 to carry out this section.", "id": "HF7DE818CFBFA4805B20727B1FBEAC83F", "header": "Grants for reentry services assistance hotlines", "nested": [ { "text": "(a) Grants authorized \n(1) In general \nThe Attorney General is authorized to make grants to States, Indian Tribes, and units of local government to operate reentry services assistance hotlines that are toll-free and operate 24 hours a day, 7 days a week. (2) Grant period \nA grant made under paragraph (1) shall be for a period of not more than 5 years.", "id": "H89F68544D88C40AD95DD32896E0EA330", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(b) Hotline requirements \nA grant recipient shall ensure, with respect to a hotline funded by a grant under subsection (a), that— (1) the hotline directs individuals to local reentry services (as such term is defined in section 2(e)); (2) any personally identifiable information that an individual provides to an agency of the State or Indian Tribe through the hotline is not directly or indirectly disclosed, without the consent of the individual, to any other agency or entity, or person; (3) the staff members who operate the hotline are trained to be knowledgeable about— (A) applicable Federal, State, Tribal, and local reentry services; and (B) the unique barriers to successful reentry into the community after a person has been convicted or incarcerated; (4) the hotline is accessible to— (A) individuals with limited English proficiency, consistent with applicable law; and (B) individuals with disabilities; (5) the hotline has the capability to engage with individuals using text messages.", "id": "H3A9142CC436A40CAADAC5A34C3233E9D", "header": "Hotline requirements", "nested": [], "links": [] }, { "text": "(c) Best practices \nThe Attorney General shall issue guidance to grant recipients on best practices for implementing the requirements of subsection (b).", "id": "HF24B35873D9547549EAE753F2F22AD02", "header": "Best practices", "nested": [], "links": [] }, { "text": "(d) Preference \nThe Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals to operate the hotline who have been convicted of an offense, or have served a term of imprisonment and have completed any court-ordered supervision.", "id": "H867A64B40B8646B8821726E5945ACF3B", "header": "Preference", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Indian Tribe \nThe 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 ). (2) State \nThe term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States.", "id": "H735B120017964BBDA1C67BFF9EB4F9A4", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(f) Authorization of appropriations \nThere is authorized to be appropriated $1,500,000 for each of fiscal years 2024 through 2028 to carry out this section.", "id": "H06BB5BDDCBEC4AA18FFAD690A174F16C", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ]
3
1. Short title This Act may be cited as the One Stop Shop Community Reentry Program Act of 2023. 2. Community reentry center grant program (a) Program authorized The Attorney General is authorized to carry out a grant program to make grants to eligible entities for the purpose of creating community reentry centers. (b) Application requirements Each application for a grant under this section shall— (1) demonstrate a plan to work with community stakeholders who interact with formerly incarcerated people or individuals with a conviction record and their families to— (A) identify specific strategies and approaches to providing reentry services; (B) develop a needs assessment tool to survey or conduct focus groups with community members in order to identify— (i) the needs of individuals after conviction or incarceration, and the barriers such individuals face; and (ii) the needs of the families and communities to which such individuals belong; and (C) use the information gathered pursuant to subparagraph (B) to determine the reentry services to be provided by the community reentry center; (2) identify the institutions from which individuals who are released from incarceration are likely to reenter the community served by the community reentry center, and develop a plan, if feasible, to provide transportation for such released individuals to the community reentry center, to the individual’s residence, or to a location where the individual is ordered by a court to report; (3) demonstrate a plan to provide accessible notice of the location of the reentry intake and coordination center and the services that it will provide (either directly or on a referral basis), including, where feasible, within and outside of institutions identified under paragraph (1); (4) demonstrate a plan to provide intake and reentry needs assessment that is trauma-informed and gender-responsive after an individual is released from an institution, or, in the case of an individual who is convicted of an offense and not sentenced to a term of imprisonment, after such conviction, and where feasible, before release, to ensure that the individuals served by the center are referred to appropriate reentry services based on the individual’s needs immediately upon release from an institution or after conviction, and continuously thereafter as needed; (5) demonstrate a plan to provide the reentry services identified in paragraph (1)(C); (6) demonstrate a plan to continue to provide services (including through referral) for individuals served by the center who move to a different geographic area to ensure appropriate case management, case planning, and access to continuous or new services, where necessary, and based on consistent reevaluation of needs; (7) identify specific methods that the community reentry center will employ to achieve performance objectives among the individuals served by the center, including— (A) increased access to and participation in reentry services; (B) reduction in recidivism rates; (C) increased numbers of individuals obtaining and retaining employment; (D) increased enrollment in and degrees earned from educational programs, including high school or the equivalent thereof, and institutions of higher education, and receipt of professional or occupational licenses; (E) increased enrollment in vocational rehabilitation, technical schools, or vocational training; (F) increased numbers of individuals obtaining and maintaining permanent and stable housing; and (G) increased self-reports of successful community living, including stability of living situation and positive family relationships; and (8) to the extent practicable, identify State, local, and private funds available to supplement the funds received under this section. (c) Preference The Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals who have been convicted of an offense, or served a term of imprisonment and have completed any court-ordered supervision, or that, to the extent allowable by law, employ such formerly incarcerated individuals in positions of responsibility. (d) Evaluation and report (1) Evaluation The Attorney General shall enter into an agreement with a nonprofit organization with expertise in analyzing data related to reentry services and recidivism to monitor and evaluate each recipient of funds under this section. (2) Report Not later than one year after the date on which grants are initially made under this section, and annually thereafter, the Attorney General shall submit to Congress a report on the program, which shall include— (A) the number of grants made, the number of eligible entities receiving such grants, and the amount of funding distributed to each eligible entity pursuant to this section; (B) the location of each eligible entity receiving such a grant, and the population served by the community reentry center; (C) the number of persons who have participated in reentry services offered by a community reentry center, disaggregated by type of services, and success rates of participants in each service to the extent possible; (D) the number of persons who have participated in reentry services for which they received a referral from a community reentry center, disaggregated by type of services, and success rates of participants in each service; (E) recidivism rates within the population served by each community reentry center, both before and after receiving a grant under this section; (F) the numbers of individuals obtaining and retaining employment within the population served by each community reentry center, both before and after receiving a grant under this section; (G) the number of individuals obtaining and maintaining housing within the population served by each community reentry center, both before and after receiving a grant under this section; (H) the number of individuals enrolled in an educational program, including high school, or the equivalent thereof, and institutions of higher education, both before and after receiving a grant under this section; (I) the number of individuals enrolled in vocational rehabilitation, technical schools, or vocational training, both before and after receiving a grant under this section; (J) for each eligible entity receiving a grant under this section, the number of individuals employed who have been convicted of an offense, or served a term of imprisonment and have completed any court-ordered supervision, to include the number of formerly incarcerated individuals in positions of responsibility; and (K) other relevant information, which may include recommendations, if any, to improve the effectiveness and efficiency of the grant program under this section, and to address barriers faced by individuals receiving reentry services from community reentry centers. (e) Definitions In this section: (1) Community stakeholder The term community stakeholder — (A) means an individual who serves the community; and (B) includes— (i) a school official; (ii) a faith leader; (iii) a social service provider; (iv) a leader of a neighborhood association; (v) a public safety representative; (vi) an employee of an organization that provides reentry services; (vii) a member of a civic or volunteer group related to the provision of reentry services; (viii) a health care professional; and (ix) an employee of a State, local, or tribal government agency with expertise in the provision of reentry services. (2) Community reentry center The term community reentry center means a center that— (A) offers intake, reentry needs assessments, case management, and case planning for reentry services for individuals after conviction or incarceration; (B) provides the reentry services identified under subsection (b)(1)(C) at a single location; and (C) provides referrals to appropriate service providers based on the assessment of needs of the individuals. (3) Eligible entity The term eligible entity means a community-based nonprofit organization that— (A) has expertise in the provision of reentry services; and (B) is located in a geographic area that has disproportionately high numbers of residents, when compared to the local community, who— (i) have been arrested; (ii) have been convicted of a criminal offense; and (iii) return to such geographic area after incarceration. (4) Reentry services The term reentry services — (A) means comprehensive and holistic services that improve outcomes for individuals after conviction or incarceration; and (B) includes— (i) seeking and maintaining employment, including— (I) assistance with drafting resumes, establishing emails accounts, locating job solicitations, submitting of job applications, and preparing for interviews; and (II) securing any licenses, certifications, government-issued identifications, or other documentation necessary to obtain employment; (ii) placement in job placement programs that partner with private employers; (iii) obtaining free and low-cost job skills classes, including computer skills, technical skills, vocational skills, and any other job-related or other necessary skills; (iv) supporting preparation for postsecondary education, including academic counseling, peer mentoring, and community support; (v) locating and maintaining housing, which may include housing counseling, assisting with finding and securing affordable housing including in areas of opportunity, assisting with applications for subsidized housing and housing-related benefits, locating and identifying temporary shelter when housing cannot be found immediately, and applying for home energy and utility assistance programs; (vi) obtaining identification cards, driver’s licenses, replacement Social Security cards, birth certificates, and citizenship or immigration documentation; (vii) registering to vote, and applying for voting rights to be restored, where permitted by law; (viii) applying for or accessing high school equivalency classes, vocational rehabilitation, or technical courses; (ix) applying for loans for and admission to institutions of higher education; (x) financial counseling planning, empowerment, or coaching; (xi) legal assistance or referrals for record sealing or expungement, forfeiture of property or assets, family law and custody matters, legal aid services (including other civil legal aid services), and relevant civil matters including housing and other issues; (xii) retrieving property or funds retained by the arresting agency or facility of incarceration, or retrieving property or funds obtained while incarcerated; (xiii) transportation, including through provision of transit fare; (xiv) individual and familial counseling; (xv) problem-solving, in coordination with counsel where necessary, any difficulties in compliance with court-ordered supervision requirements, including restrictions on living with certain family members, contact with certain friends, bond requirements, location and residency restrictions, electronic monitoring compliance, court-ordered substance use disorder treatment, and other court-ordered requirements; (xvi) communication needs, including providing a mobile phone, mobile phone service or access, or internet access; (xvii) applying for State or Federal government benefits, where eligible, and assisting in locating free or reduced cost food and sustenance benefits; (xviii) life skills assistance; (xix) mentorship; (xx) medical and mental health services, and cognitive-behavioral programming; (xxi) substance use disorder treatment; (xxii) reactivation, application for, and maintenance of professional or other licenses; (xxiii) providing case management services, in connection with court-ordered terms of release, or other local publicly supported social work case management; (xxiv) safety planning with victims of domestic violence, dating violence, sexual assault, stalking, and human trafficking; and (xxv) applying for State Vocational Rehabilitation services for individuals with disabilities that may qualify or conduct an evaluation to determine whether they may be eligible or potentially eligible for vocational rehabilitation services. (5) Success rate The term success rate means the rate of recidivism (as measured by a subsequent conviction or return to prison), job placement, permanent housing placement, or completion of certification, trade, or other education program. (f) Authorization of appropriations (1) In general There is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2028 to carry out this section. (2) Equitable distribution The Attorney General shall ensure that grants awarded under this section are equitably distributed among the geographical regions and between urban and rural populations, including Indian Tribes, consistent with the objective of reducing recidivism. 3. Grants for reentry services assistance hotlines (a) Grants authorized (1) In general The Attorney General is authorized to make grants to States, Indian Tribes, and units of local government to operate reentry services assistance hotlines that are toll-free and operate 24 hours a day, 7 days a week. (2) Grant period A grant made under paragraph (1) shall be for a period of not more than 5 years. (b) Hotline requirements A grant recipient shall ensure, with respect to a hotline funded by a grant under subsection (a), that— (1) the hotline directs individuals to local reentry services (as such term is defined in section 2(e)); (2) any personally identifiable information that an individual provides to an agency of the State or Indian Tribe through the hotline is not directly or indirectly disclosed, without the consent of the individual, to any other agency or entity, or person; (3) the staff members who operate the hotline are trained to be knowledgeable about— (A) applicable Federal, State, Tribal, and local reentry services; and (B) the unique barriers to successful reentry into the community after a person has been convicted or incarcerated; (4) the hotline is accessible to— (A) individuals with limited English proficiency, consistent with applicable law; and (B) individuals with disabilities; (5) the hotline has the capability to engage with individuals using text messages. (c) Best practices The Attorney General shall issue guidance to grant recipients on best practices for implementing the requirements of subsection (b). (d) Preference The Attorney General shall give preference to applicants that demonstrate that they seek to employ individuals to operate the hotline who have been convicted of an offense, or have served a term of imprisonment and have completed any court-ordered supervision. (e) Definitions In this section: (1) 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 ). (2) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (f) Authorization of appropriations There is authorized to be appropriated $1,500,000 for each of fiscal years 2024 through 2028 to carry out this section.
15,244
[ "Judiciary Committee" ]
118hr4816ih
118
hr
4,816
ih
To amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to permit enrollees to obtain a 365-day supply of contraceptives.
[ { "text": "1. Requiring group health plans and group and individual health insurance coverage to permit an individual to obtain a 365-day supply of contraceptives \n(a) Requirement \n(1) In general \nSection 2713(a) of the Public Health Service Act ( 42 U.S.C. 300gg–13(a) ) is amended by adding at the end of the matter following paragraph (5), the following: To be in compliance with the requirement under paragraph (4), regardless of the guidelines described in such paragraph, the Secretary shall require a group health plan or health insurance issuer offering group or individual health insurance coverage to permit an enrollee under such plan or coverage to obtain (including in a single fill or refill), at the option of such individual, the total days of supply (not to exceed a 365-day supply) for a contraceptive for which coverage is otherwise required without the imposition of any cost-sharing requirements pursuant to such paragraph.. (2) Effective date \nThe amendment made by this section shall apply with respect to plan years beginning on or after January 1, 2024. (b) Outreach \nBeginning not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall jointly conduct such outreach activities as are necessary to inform health care providers and individuals who are enrolled (and who are eligible to enroll) in group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )) of the benefit requirements applied pursuant to the amendment made by subsection (a)(1).", "id": "H49FE914FA7224327928A3DCF8E9EF9E3", "header": "Requiring group health plans and group and individual health insurance coverage to permit an individual to obtain a 365-day supply of contraceptives", "nested": [ { "text": "(a) Requirement \n(1) In general \nSection 2713(a) of the Public Health Service Act ( 42 U.S.C. 300gg–13(a) ) is amended by adding at the end of the matter following paragraph (5), the following: To be in compliance with the requirement under paragraph (4), regardless of the guidelines described in such paragraph, the Secretary shall require a group health plan or health insurance issuer offering group or individual health insurance coverage to permit an enrollee under such plan or coverage to obtain (including in a single fill or refill), at the option of such individual, the total days of supply (not to exceed a 365-day supply) for a contraceptive for which coverage is otherwise required without the imposition of any cost-sharing requirements pursuant to such paragraph.. (2) Effective date \nThe amendment made by this section shall apply with respect to plan years beginning on or after January 1, 2024.", "id": "HBCAAD1372BD84E9BB22A6EBE9B7662D4", "header": "Requirement", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–13(a)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-13" } ] }, { "text": "(b) Outreach \nBeginning not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall jointly conduct such outreach activities as are necessary to inform health care providers and individuals who are enrolled (and who are eligible to enroll) in group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )) of the benefit requirements applied pursuant to the amendment made by subsection (a)(1).", "id": "H1C4E3730FD4C4518BF659ABC98C83B79", "header": "Outreach", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–91", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] } ], "links": [ { "text": "42 U.S.C. 300gg–13(a)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-13" }, { "text": "42 U.S.C. 300gg–91", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-91" } ] } ]
1
1. Requiring group health plans and group and individual health insurance coverage to permit an individual to obtain a 365-day supply of contraceptives (a) Requirement (1) In general Section 2713(a) of the Public Health Service Act ( 42 U.S.C. 300gg–13(a) ) is amended by adding at the end of the matter following paragraph (5), the following: To be in compliance with the requirement under paragraph (4), regardless of the guidelines described in such paragraph, the Secretary shall require a group health plan or health insurance issuer offering group or individual health insurance coverage to permit an enrollee under such plan or coverage to obtain (including in a single fill or refill), at the option of such individual, the total days of supply (not to exceed a 365-day supply) for a contraceptive for which coverage is otherwise required without the imposition of any cost-sharing requirements pursuant to such paragraph.. (2) Effective date The amendment made by this section shall apply with respect to plan years beginning on or after January 1, 2024. (b) Outreach Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury shall jointly conduct such outreach activities as are necessary to inform health care providers and individuals who are enrolled (and who are eligible to enroll) in group health plans and group and individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )) of the benefit requirements applied pursuant to the amendment made by subsection (a)(1).
1,685
[ "Energy and Commerce Committee", "Education and the Workforce Committee", "Ways and Means Committee" ]
118hr6544rfs
118
hr
6,544
rfs
To advance the benefits of nuclear energy by enabling efficient, timely, and predictable licensing, regulation, and deployment of nuclear energy technologies, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Atomic Energy Advancement Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Nuclear Regulatory Commission Subtitle A—Efficiency, Performance, and Preparation for the Future Sec. 101. NRC mission alignment. Sec. 102. Nuclear licensing efficiency. Sec. 103. Strengthening the NRC workforce. Subtitle B—Fee Reduction Sec. 111. Advanced reactor fee reduction. Sec. 112. Advanced nuclear reactor prize. Subtitle C—Siting, Licensing, and Oversight Reviews Sec. 121. Modernization of nuclear reactor environmental reviews. Sec. 122. Nuclear for Brownfield sites. Sec. 123. Advancement of nuclear regulatory oversight. Title II—Nuclear Technology Deployment Sec. 201. Advanced nuclear deployment. Sec. 202. Global nuclear cooperation. Sec. 203. American nuclear competitiveness.", "id": "HE18EAFA24FD641B785DBA2162A4E9F87", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Atomic Energy Advancement Act.", "id": "H24D8C5FB30734C2C95BB2C80ABC994BF", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Nuclear Regulatory Commission Subtitle A—Efficiency, Performance, and Preparation for the Future Sec. 101. NRC mission alignment. Sec. 102. Nuclear licensing efficiency. Sec. 103. Strengthening the NRC workforce. Subtitle B—Fee Reduction Sec. 111. Advanced reactor fee reduction. Sec. 112. Advanced nuclear reactor prize. Subtitle C—Siting, Licensing, and Oversight Reviews Sec. 121. Modernization of nuclear reactor environmental reviews. Sec. 122. Nuclear for Brownfield sites. Sec. 123. Advancement of nuclear regulatory oversight. Title II—Nuclear Technology Deployment Sec. 201. Advanced nuclear deployment. Sec. 202. Global nuclear cooperation. Sec. 203. American nuclear competitiveness.", "id": "H938433AC97464FFBAEAEB851F66365F1", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "101. NRC mission alignment \n(a) Mission of the Commission \n(1) Update \nNot later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall, while remaining consistent with the policies of the Atomic Energy Act of 1954 (including to provide reasonable assurance of adequate protection of the public health and safety, to promote the common defense and security, and to protect the environment), update the mission statement of the Commission to include that licensing and regulation of nuclear energy activities be conducted in a manner that is efficient and does not unnecessarily limit— (A) the potential of nuclear energy to improve the general welfare; and (B) the benefits of nuclear energy technology to society. (2) Report \nUpon completion of the update to the mission statement required under paragraph (1), the Nuclear Regulatory Commission shall submit to Congress a report that describes— (A) the updated mission statement; and (B) the guidance that the Nuclear Regulatory Commission will provide to staff of the Nuclear Regulatory Commission to ensure effective performance of such mission. (b) Office of Nuclear Reactor Regulation \nSection 203 of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5843 ) is amended— (1) in subsection (a), by striking (a) There and inserting the following: (a) Establishment; appointment of director \nThere ; (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking (b) Subject and inserting the following: (b) Functions of director \nSubject ; and (ii) by striking delegate including: and inserting delegate, including the following: ; and (B) in paragraph (3), by striking for the discharge of the and inserting to fulfill the licensing and regulatory oversight ; (3) in subsection (c), by striking (c) Nothing and inserting the following: (d) Responsibility for safe operation of facilities \nNothing ; and (4) by inserting after subsection (b) the following: (c) Licensing process \nIn carrying out the principal licensing and regulation functions under subsection (b)(1), the Director of Nuclear Reactor Regulation shall— (1) establish techniques and guidance for evaluating applications for licenses for nuclear reactors to support efficient, timely, and predictable reviews of applications for such licenses to enable the safe and secure use of nuclear reactors; (2) maintain the techniques and guidance established under paragraph (1) by periodically assessing and, if necessary, modifying such techniques and guidance; and (3) obtain approval from the Commission if establishment or modification of the techniques and guidance established under paragraph (1) or (2) involves policy formulation..", "id": "H336E00E399F94582BA37142463F16764", "header": "NRC mission alignment", "nested": [ { "text": "(a) Mission of the Commission \n(1) Update \nNot later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall, while remaining consistent with the policies of the Atomic Energy Act of 1954 (including to provide reasonable assurance of adequate protection of the public health and safety, to promote the common defense and security, and to protect the environment), update the mission statement of the Commission to include that licensing and regulation of nuclear energy activities be conducted in a manner that is efficient and does not unnecessarily limit— (A) the potential of nuclear energy to improve the general welfare; and (B) the benefits of nuclear energy technology to society. (2) Report \nUpon completion of the update to the mission statement required under paragraph (1), the Nuclear Regulatory Commission shall submit to Congress a report that describes— (A) the updated mission statement; and (B) the guidance that the Nuclear Regulatory Commission will provide to staff of the Nuclear Regulatory Commission to ensure effective performance of such mission.", "id": "H9242E6E6F0AC4FFC8D02EAD9835B02CB", "header": "Mission of the Commission", "nested": [], "links": [] }, { "text": "(b) Office of Nuclear Reactor Regulation \nSection 203 of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5843 ) is amended— (1) in subsection (a), by striking (a) There and inserting the following: (a) Establishment; appointment of director \nThere ; (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking (b) Subject and inserting the following: (b) Functions of director \nSubject ; and (ii) by striking delegate including: and inserting delegate, including the following: ; and (B) in paragraph (3), by striking for the discharge of the and inserting to fulfill the licensing and regulatory oversight ; (3) in subsection (c), by striking (c) Nothing and inserting the following: (d) Responsibility for safe operation of facilities \nNothing ; and (4) by inserting after subsection (b) the following: (c) Licensing process \nIn carrying out the principal licensing and regulation functions under subsection (b)(1), the Director of Nuclear Reactor Regulation shall— (1) establish techniques and guidance for evaluating applications for licenses for nuclear reactors to support efficient, timely, and predictable reviews of applications for such licenses to enable the safe and secure use of nuclear reactors; (2) maintain the techniques and guidance established under paragraph (1) by periodically assessing and, if necessary, modifying such techniques and guidance; and (3) obtain approval from the Commission if establishment or modification of the techniques and guidance established under paragraph (1) or (2) involves policy formulation..", "id": "H14C0D463DAB74CB294477B6E1B81EBBF", "header": "Office of Nuclear Reactor Regulation", "nested": [], "links": [ { "text": "42 U.S.C. 5843", "legal-doc": "usc", "parsable-cite": "usc/42/5843" } ] } ], "links": [ { "text": "42 U.S.C. 5843", "legal-doc": "usc", "parsable-cite": "usc/42/5843" } ] }, { "text": "102. Nuclear licensing efficiency \n(a) Efficient licensing reviews \n(1) General \nSection 181 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2231 ) is amended— (A) by striking The provisions of and inserting the following: (a) The provisions of ; and (B) by adding at the end the following: (b) Consistent with the declaration in section 1, the Commission shall provide for efficient, timely, and predictable reviews and proceedings for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licenses.. (2) Construction Permits and Operating Licenses \nSection 185 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2235 ) is amended by adding at the end the following: c. Application reviews for production and utilization facilities of an existing site \nIn reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a production facility or utilization facility located at the site of a production facility or utilization facility licensed by the Commission, the Commission shall, to the extent practicable, use information that was part of the licensing basis of the licensed production facility or utilization facility.. (b) Performance metrics and milestones \nSection 102(c) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(c) ) is amended— (1) in paragraph (3)— (A) in the paragraph heading, by striking 180 and inserting 90 ; and (B) by striking 180 and inserting 90 ; and (2) by adding at the end the following: (4) Periodic updates to metrics and schedules \n(A) Review and assessment \nNot less frequently than once every 3 years, the Commission shall review and assess, based on the licensing and regulatory activities of the Commission, the performance metrics and milestone schedules developed under paragraph (1). (B) Revisions \nAfter each review and assessment under subparagraph (A), the Commission shall revise, as appropriate, the performance metrics and milestone schedules developed under paragraph (1) to provide the most efficient performance metrics and milestone schedules reasonably achievable.. (c) Clarification on fusion regulation \nSection 103(a)(4) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) is amended— (1) by striking Not later and inserting the following: (A) In general \nNot later ; and (2) by adding at the end the following: (B) Exclusion of fusion reactors \nNotwithstanding section 3(1), for purposes of subparagraph (A), the term advanced nuclear reactor applicant does not include an applicant for a license for a nuclear fusion reactor.. (d) Technical correction \nSection 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) is amended— (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities \nThe Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission and inserting the following: (2) Regulation \nThe Commission ; and (3) by striking c. The Commission and inserting the following: c. Research and development activities.— (1) In general \nSubject to paragraphs (2) and (3), the Commission. (e) Fusion machines \n(1) Definition \nSection 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ) is amended by adding at the end the following: kk. Fusion machine \nThe term fusion machine means a particle accelerator that is capable of— (1) transforming atomic nuclei, through fusion processes, into other elements, isotopes, or particles; and (2) directly capturing and using the resultant products, including particles, heat, and other electromagnetic radiation.. (2) Technology-inclusive regulatory framework \n(A) In general \nSection 103(a) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note) is further amended— (i) in paragraph (4), by adding at the end the following: (C) Fusion machine applicants \nNot later than December 31, 2027, the Commission shall complete a rulemaking to establish a technology-inclusive, regulatory framework for optional use by fusion machine applicants for new license applications. ; and (ii) in paragraph (5)(B)(ii), by inserting and fusion machine license applications after commercial advanced nuclear reactor license applications. (B) Definitions \nSection 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note) is amended by adding at the end the following: (21) Fusion machine \nThe term fusion machine has the meaning given such term in subsection kk. of section 11 of the Atomic Energy Act of 1954.. (3) Report \nNot later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall submit to Congress a report on— (A) the results of a study, conducted in consultation with Agreement States (as defined in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note) and the private fusion sector, on risk- and performance-based, design-specific licensing frameworks for mass-manufactured fusion machines (as defined in subsection kk. of section 11 of the Atomic Energy Act of 1954, as added by this subsection), that includes evaluation of the Federal Aviation Administration’s design, manufacturing, and operations certification process for aircraft as a potential model for mass-manufactured fusion machine regulations; and (B) the estimated timeline for the Commission to issue consolidated guidance or regulations for licensing mass-manufactured fusion machines, taking into account the results of such study and the anticipated need for such guidance or regulations.", "id": "H04DAE73BA03D42169D922FD72F83C19A", "header": "Nuclear licensing efficiency", "nested": [ { "text": "(a) Efficient licensing reviews \n(1) General \nSection 181 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2231 ) is amended— (A) by striking The provisions of and inserting the following: (a) The provisions of ; and (B) by adding at the end the following: (b) Consistent with the declaration in section 1, the Commission shall provide for efficient, timely, and predictable reviews and proceedings for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licenses.. (2) Construction Permits and Operating Licenses \nSection 185 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2235 ) is amended by adding at the end the following: c. Application reviews for production and utilization facilities of an existing site \nIn reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a production facility or utilization facility located at the site of a production facility or utilization facility licensed by the Commission, the Commission shall, to the extent practicable, use information that was part of the licensing basis of the licensed production facility or utilization facility..", "id": "HC8BE955FB8F7410D90BA2B37A580CB5D", "header": "Efficient licensing reviews", "nested": [], "links": [ { "text": "42 U.S.C. 2231", "legal-doc": "usc", "parsable-cite": "usc/42/2231" }, { "text": "42 U.S.C. 2235", "legal-doc": "usc", "parsable-cite": "usc/42/2235" } ] }, { "text": "(b) Performance metrics and milestones \nSection 102(c) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(c) ) is amended— (1) in paragraph (3)— (A) in the paragraph heading, by striking 180 and inserting 90 ; and (B) by striking 180 and inserting 90 ; and (2) by adding at the end the following: (4) Periodic updates to metrics and schedules \n(A) Review and assessment \nNot less frequently than once every 3 years, the Commission shall review and assess, based on the licensing and regulatory activities of the Commission, the performance metrics and milestone schedules developed under paragraph (1). (B) Revisions \nAfter each review and assessment under subparagraph (A), the Commission shall revise, as appropriate, the performance metrics and milestone schedules developed under paragraph (1) to provide the most efficient performance metrics and milestone schedules reasonably achievable..", "id": "H7D9CD085D6D54FF280728C56A650F790", "header": "Performance metrics and milestones", "nested": [], "links": [ { "text": "42 U.S.C. 2215(c)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "(c) Clarification on fusion regulation \nSection 103(a)(4) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) is amended— (1) by striking Not later and inserting the following: (A) In general \nNot later ; and (2) by adding at the end the following: (B) Exclusion of fusion reactors \nNotwithstanding section 3(1), for purposes of subparagraph (A), the term advanced nuclear reactor applicant does not include an applicant for a license for a nuclear fusion reactor..", "id": "H933201E623FD4479BE0650ED9F65FFFB", "header": "Clarification on fusion regulation", "nested": [], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" } ] }, { "text": "(d) Technical correction \nSection 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) is amended— (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities \nThe Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission and inserting the following: (2) Regulation \nThe Commission ; and (3) by striking c. The Commission and inserting the following: c. Research and development activities.— (1) In general \nSubject to paragraphs (2) and (3), the Commission.", "id": "HA54D31392B1F4757AF8AB4FF7F04D7D5", "header": "Technical correction", "nested": [], "links": [ { "text": "42 U.S.C. 2134(c)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" } ] }, { "text": "(e) Fusion machines \n(1) Definition \nSection 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ) is amended by adding at the end the following: kk. Fusion machine \nThe term fusion machine means a particle accelerator that is capable of— (1) transforming atomic nuclei, through fusion processes, into other elements, isotopes, or particles; and (2) directly capturing and using the resultant products, including particles, heat, and other electromagnetic radiation.. (2) Technology-inclusive regulatory framework \n(A) In general \nSection 103(a) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note) is further amended— (i) in paragraph (4), by adding at the end the following: (C) Fusion machine applicants \nNot later than December 31, 2027, the Commission shall complete a rulemaking to establish a technology-inclusive, regulatory framework for optional use by fusion machine applicants for new license applications. ; and (ii) in paragraph (5)(B)(ii), by inserting and fusion machine license applications after commercial advanced nuclear reactor license applications. (B) Definitions \nSection 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note) is amended by adding at the end the following: (21) Fusion machine \nThe term fusion machine has the meaning given such term in subsection kk. of section 11 of the Atomic Energy Act of 1954.. (3) Report \nNot later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall submit to Congress a report on— (A) the results of a study, conducted in consultation with Agreement States (as defined in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note) and the private fusion sector, on risk- and performance-based, design-specific licensing frameworks for mass-manufactured fusion machines (as defined in subsection kk. of section 11 of the Atomic Energy Act of 1954, as added by this subsection), that includes evaluation of the Federal Aviation Administration’s design, manufacturing, and operations certification process for aircraft as a potential model for mass-manufactured fusion machine regulations; and (B) the estimated timeline for the Commission to issue consolidated guidance or regulations for licensing mass-manufactured fusion machines, taking into account the results of such study and the anticipated need for such guidance or regulations.", "id": "H4F9DE9FB9D1F4446BA0C68E3F9CA5191", "header": "Fusion machines", "nested": [], "links": [ { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] } ], "links": [ { "text": "42 U.S.C. 2231", "legal-doc": "usc", "parsable-cite": "usc/42/2231" }, { "text": "42 U.S.C. 2235", "legal-doc": "usc", "parsable-cite": "usc/42/2235" }, { "text": "42 U.S.C. 2215(c)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2134(c)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "103. Strengthening the NRC workforce \n(a) Commission workforce \n(1) General authority \nThe Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) is amended by inserting after section 161A the following: 161B. Commission workforce \n(a) Direct hire authority \n(1) In general \nNotwithstanding section 161 d. of this Act and section 2(b) of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and without regard to any provision of title 5 (except sections 3303 and 3328), United States Code, governing appointments in the civil service, if the Chairman of the Nuclear Regulatory Commission (in this section referred to as the Chairman ) issues or renews a certification that there is a severe shortage of candidates or a critical hiring need for covered positions to carry out the Nuclear Regulatory Commission’s (in this section referred to as the Commission ) responsibilities and activities in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect— (A) recruit and directly appoint highly qualified individuals into the excepted service for covered positions; and (B) establish in the excepted service term-limited covered positions and recruit and directly appoint highly qualified individuals into such term-limited covered positions, which may not exceed a term of 4 years. (2) Limitations \n(A) Merit principles \nTo the maximum extent practicable, any action authorized pursuant to paragraph (1) shall be consistent with the merit principles of section 2301 of title 5, United States Code. (B) Number \nThe number of highly qualified individuals serving in— (i) covered positions pursuant to paragraph (1)(A) may not exceed 210 at any one time; and (ii) term-limited covered positions pursuant to paragraph (1)(B) may not exceed 80 at any one time. (C) Compensation \nThe Chairman may not use authority under paragraph (1)(A) or paragraph (1)(B) to compensate individuals recruited and directly appointed into a covered position or a term-limited covered position at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (D) Senior Executive Service position \nThe Chairman may not, under paragraph (1)(A) or paragraph (1)(B), appoint highly qualified individuals to any Senior Executive Service position, as defined in section 3132 of title 5, United States Code. (3) Renewal \nThe Chairman may renew a certification issued or renewed under this subsection if the Chairman determines there is still a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Termination \nA certification issued or renewed under this subsection shall terminate on the earlier of— (A) the date that is 10 years after the certification is renewed or issued; or (B) the date on which the Chairman determines there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (5) Level of positions \nTo the extent practicable, in carrying out paragraph (1) the Chairman shall recruit and directly appoint highly qualified individuals into the excepted service to entry, mid, and senior level covered positions, including term-limited covered positions. (b) Addressing insufficient compensation of employees and other personnel of the Commission \n(1) In general \nNotwithstanding any other provision of law, if the Chairman issues or renews a certification that compensation for employees or other personnel of the Commission serving in a covered position is insufficient to retain or attract such employees and other personnel to allow the Commission to carry out the responsibilities and activities of the Commission in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect, fix the compensation for such employees or other personnel serving in a covered position without regard to any provision of title 5, United States Code, governing General Schedule classification and pay rates. (2) Certification requirements \nA certification issued or renewed under this subsection shall— (A) apply to employees or other personnel who serve in covered positions; (B) terminate on the earlier of— (i) the date that is 10 years after the certification is issued or renewed; or (ii) the date on which the Chairman determines that the use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is no longer necessary to retain or attract such employees and other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner; and (C) be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel serving in a covered position to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (3) Renewal \nThe Chairman may renew a certification issued or renewed under this subsection if the Chairman determines that use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is still necessary to retain or attract such employees or other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Applicability \nThe authority under this subsection to fix the compensation of employees or other personnel during any period when a certification issued or renewed under paragraph (1) is in effect shall apply with respect to an employee or other personnel serving in a covered position regardless of when the employee or other personnel was hired. (5) Retention of level of fixed compensation \nThe termination of a certification issued or renewed under paragraph (1) shall not affect the compensation of an employee or other personnel serving in a covered position whose compensation was fixed by the Chairman in accordance with paragraph (1). (6) Limitation on compensation \nThe Chairman may not use the authority under paragraph (1) to fix the compensation of employees or other personnel at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (7) Experts and consultants \n(A) In general \nSubject to subparagraph (B), the Chairman may— (i) obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code; (ii) compensate those experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of that title; and (iii) pay to the experts and consultants serving away from the homes or regular places of business of the experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of that title for persons in Government service employed intermittently. (B) Limitations \nThe Chairman shall— (i) to the maximum extent practicable, limit the use of experts and consultants pursuant to subparagraph (A); and (ii) ensure that the employment contract of each expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently than annually. (c) Additional compensation authority \n(1) For new employees \nThe Chairman may pay a person recruited and directly appointed under subsection (a) a 1-time hiring bonus in an amount not to exceed $25,000. (2) For existing employees \n(A) In general \nSubject to subparagraph (B), an employee or other personnel who the Chairman determines exhibited exceptional performance in a fiscal year may be paid a performance bonus in an amount not to exceed the least of— (i) $25,000; and (ii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (B) Limitations \n(i) Subsequent bonuses \nAny person who receives a performance bonus under subparagraph (A) may not receive another performance bonus under that subparagraph for a period of 5 years thereafter. (ii) Hiring bonuses \nAny person who receives a 1-time hiring bonus under paragraph (1) may not receive a performance bonus under subparagraph (A) unless more than one year has elapsed since the payment of such 1-time hiring bonus. (d) Implementation plan and report \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Chairman shall develop and implement a plan to carry out this section. Before implementing such plan, the Chairman shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Office of Personnel Management a report on the details of the plan. (2) Report content \nThe report submitted under paragraph (1) shall include— (A) evidence and supporting documentation justifying the plan; and (B) budgeting projections on costs and benefits resulting from the plan. (3) Consultation \nThe Chairman may consult with the Office of Personnel Management, the Office of Management and Budget, and the Comptroller General of the United States in developing the plan under paragraph (1). (e) Delegation \nThe Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by subsections (a), (b), and (c) to the Executive Director for Operations of the Commission. (f) Information on hiring, vacancies, and compensation \n(1) In general \nThe Commission shall include in its budget materials submitted in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code), for each fiscal year beginning after the date of enactment of this section, information relating to hiring, vacancies, and compensation at the Commission. (2) Inclusions \nThe information described in paragraph (1) shall include— (A) an analysis of any trends with respect to hiring, vacancies, and compensation at the Commission; (B) a description of the efforts to retain and attract employees or other personnel to serve in covered positions at the Commission; (C) information that describes— (i) if a certification under subsection (a) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring needs of the Commission; (ii) the total number of highly qualified individuals serving in— (I) covered positions pursuant to subsection (a)(1)(A); and (II) term-limited covered positions pursuant to subsection (a)(1)(B); (iii) if a certification under subsection (b) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring or retention needs of the Commission; (iv) the total number of employees or other personnel serving in a covered position that have their compensation fixed pursuant to subsection (b); (v) if a certification under subsection (a) or (b) was terminated or was not in effect at any point in the previous year, why such a certification was terminated or was not in effect; (vi) the attrition levels with respect to term-limited covered positions appointed under subsection (a)(1)(B), including the number of individuals leaving a term-limited covered position before completion of the applicable term of service and the average length of service for such individuals as a percentage of the applicable term of service; and (vii) the number of experts and consultants retained under subsection (b)(7); and (D) an assessment of— (i) the current critical workforce needs of the Commission and any critical workforce needs that the Commission anticipates in the next five years; and (ii) additional skillsets that are or likely will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission. (g) Covered position \nIn this section, the term covered position means a position in which an employee or other personnel is responsible for conducting work of a scientific, technical, engineering, mathematical, legal, managerial, or otherwise highly specialized or skilled nature.. (2) Table of contents \nThe table of contents of the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 161 the following: Sec. 161A. Use of firearms by security personnel. Sec. 161B. Commission workforce.. (b) Government Accountability Office report \nNot later than September 30, 2032, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (1) evaluates the extent to which the authorities provided under subsections (a), (b), and (c) of section 161B of the Atomic Energy Act of 1954 (as added by this Act) have been utilized; (2) describes the role in which the highly qualified individuals recruited and directly appointed pursuant to section 161B(a) of the Atomic Energy Act of 1954 (as added by this Act) have been utilized to support the licensing of advanced nuclear reactors; (3) assesses the effectiveness of the authorities provided under subsections (a), (b), and (c) of section 161B of the Atomic Energy Act of 1954 (as added by this Act) in helping the Nuclear Regulatory Commission fulfill its mission; (4) makes recommendations to improve the Nuclear Regulatory Commission’s strategic workforce management; and (5) makes recommendations with respect to whether Congress should enhance, modify, or discontinue the authorities provided under subsections (a), (b), and (c) of section 161B of the Atomic Energy Act of 1954 (as added by this Act). (c) Annual Solicitation for Nuclear Regulator Apprenticeship Network Applications \nThe Nuclear Regulatory Commission, on an annual basis, shall solicit applications for the Nuclear Regulator Apprenticeship Network.", "id": "HFB372B87374F4A948207E2EFD6D9C4E9", "header": "Strengthening the NRC workforce", "nested": [ { "text": "(a) Commission workforce \n(1) General authority \nThe Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) is amended by inserting after section 161A the following: 161B. Commission workforce \n(a) Direct hire authority \n(1) In general \nNotwithstanding section 161 d. of this Act and section 2(b) of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and without regard to any provision of title 5 (except sections 3303 and 3328), United States Code, governing appointments in the civil service, if the Chairman of the Nuclear Regulatory Commission (in this section referred to as the Chairman ) issues or renews a certification that there is a severe shortage of candidates or a critical hiring need for covered positions to carry out the Nuclear Regulatory Commission’s (in this section referred to as the Commission ) responsibilities and activities in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect— (A) recruit and directly appoint highly qualified individuals into the excepted service for covered positions; and (B) establish in the excepted service term-limited covered positions and recruit and directly appoint highly qualified individuals into such term-limited covered positions, which may not exceed a term of 4 years. (2) Limitations \n(A) Merit principles \nTo the maximum extent practicable, any action authorized pursuant to paragraph (1) shall be consistent with the merit principles of section 2301 of title 5, United States Code. (B) Number \nThe number of highly qualified individuals serving in— (i) covered positions pursuant to paragraph (1)(A) may not exceed 210 at any one time; and (ii) term-limited covered positions pursuant to paragraph (1)(B) may not exceed 80 at any one time. (C) Compensation \nThe Chairman may not use authority under paragraph (1)(A) or paragraph (1)(B) to compensate individuals recruited and directly appointed into a covered position or a term-limited covered position at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (D) Senior Executive Service position \nThe Chairman may not, under paragraph (1)(A) or paragraph (1)(B), appoint highly qualified individuals to any Senior Executive Service position, as defined in section 3132 of title 5, United States Code. (3) Renewal \nThe Chairman may renew a certification issued or renewed under this subsection if the Chairman determines there is still a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Termination \nA certification issued or renewed under this subsection shall terminate on the earlier of— (A) the date that is 10 years after the certification is renewed or issued; or (B) the date on which the Chairman determines there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (5) Level of positions \nTo the extent practicable, in carrying out paragraph (1) the Chairman shall recruit and directly appoint highly qualified individuals into the excepted service to entry, mid, and senior level covered positions, including term-limited covered positions. (b) Addressing insufficient compensation of employees and other personnel of the Commission \n(1) In general \nNotwithstanding any other provision of law, if the Chairman issues or renews a certification that compensation for employees or other personnel of the Commission serving in a covered position is insufficient to retain or attract such employees and other personnel to allow the Commission to carry out the responsibilities and activities of the Commission in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect, fix the compensation for such employees or other personnel serving in a covered position without regard to any provision of title 5, United States Code, governing General Schedule classification and pay rates. (2) Certification requirements \nA certification issued or renewed under this subsection shall— (A) apply to employees or other personnel who serve in covered positions; (B) terminate on the earlier of— (i) the date that is 10 years after the certification is issued or renewed; or (ii) the date on which the Chairman determines that the use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is no longer necessary to retain or attract such employees and other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner; and (C) be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel serving in a covered position to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (3) Renewal \nThe Chairman may renew a certification issued or renewed under this subsection if the Chairman determines that use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is still necessary to retain or attract such employees or other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Applicability \nThe authority under this subsection to fix the compensation of employees or other personnel during any period when a certification issued or renewed under paragraph (1) is in effect shall apply with respect to an employee or other personnel serving in a covered position regardless of when the employee or other personnel was hired. (5) Retention of level of fixed compensation \nThe termination of a certification issued or renewed under paragraph (1) shall not affect the compensation of an employee or other personnel serving in a covered position whose compensation was fixed by the Chairman in accordance with paragraph (1). (6) Limitation on compensation \nThe Chairman may not use the authority under paragraph (1) to fix the compensation of employees or other personnel at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (7) Experts and consultants \n(A) In general \nSubject to subparagraph (B), the Chairman may— (i) obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code; (ii) compensate those experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of that title; and (iii) pay to the experts and consultants serving away from the homes or regular places of business of the experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of that title for persons in Government service employed intermittently. (B) Limitations \nThe Chairman shall— (i) to the maximum extent practicable, limit the use of experts and consultants pursuant to subparagraph (A); and (ii) ensure that the employment contract of each expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently than annually. (c) Additional compensation authority \n(1) For new employees \nThe Chairman may pay a person recruited and directly appointed under subsection (a) a 1-time hiring bonus in an amount not to exceed $25,000. (2) For existing employees \n(A) In general \nSubject to subparagraph (B), an employee or other personnel who the Chairman determines exhibited exceptional performance in a fiscal year may be paid a performance bonus in an amount not to exceed the least of— (i) $25,000; and (ii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (B) Limitations \n(i) Subsequent bonuses \nAny person who receives a performance bonus under subparagraph (A) may not receive another performance bonus under that subparagraph for a period of 5 years thereafter. (ii) Hiring bonuses \nAny person who receives a 1-time hiring bonus under paragraph (1) may not receive a performance bonus under subparagraph (A) unless more than one year has elapsed since the payment of such 1-time hiring bonus. (d) Implementation plan and report \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Chairman shall develop and implement a plan to carry out this section. Before implementing such plan, the Chairman shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Office of Personnel Management a report on the details of the plan. (2) Report content \nThe report submitted under paragraph (1) shall include— (A) evidence and supporting documentation justifying the plan; and (B) budgeting projections on costs and benefits resulting from the plan. (3) Consultation \nThe Chairman may consult with the Office of Personnel Management, the Office of Management and Budget, and the Comptroller General of the United States in developing the plan under paragraph (1). (e) Delegation \nThe Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by subsections (a), (b), and (c) to the Executive Director for Operations of the Commission. (f) Information on hiring, vacancies, and compensation \n(1) In general \nThe Commission shall include in its budget materials submitted in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code), for each fiscal year beginning after the date of enactment of this section, information relating to hiring, vacancies, and compensation at the Commission. (2) Inclusions \nThe information described in paragraph (1) shall include— (A) an analysis of any trends with respect to hiring, vacancies, and compensation at the Commission; (B) a description of the efforts to retain and attract employees or other personnel to serve in covered positions at the Commission; (C) information that describes— (i) if a certification under subsection (a) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring needs of the Commission; (ii) the total number of highly qualified individuals serving in— (I) covered positions pursuant to subsection (a)(1)(A); and (II) term-limited covered positions pursuant to subsection (a)(1)(B); (iii) if a certification under subsection (b) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring or retention needs of the Commission; (iv) the total number of employees or other personnel serving in a covered position that have their compensation fixed pursuant to subsection (b); (v) if a certification under subsection (a) or (b) was terminated or was not in effect at any point in the previous year, why such a certification was terminated or was not in effect; (vi) the attrition levels with respect to term-limited covered positions appointed under subsection (a)(1)(B), including the number of individuals leaving a term-limited covered position before completion of the applicable term of service and the average length of service for such individuals as a percentage of the applicable term of service; and (vii) the number of experts and consultants retained under subsection (b)(7); and (D) an assessment of— (i) the current critical workforce needs of the Commission and any critical workforce needs that the Commission anticipates in the next five years; and (ii) additional skillsets that are or likely will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission. (g) Covered position \nIn this section, the term covered position means a position in which an employee or other personnel is responsible for conducting work of a scientific, technical, engineering, mathematical, legal, managerial, or otherwise highly specialized or skilled nature.. (2) Table of contents \nThe table of contents of the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 161 the following: Sec. 161A. Use of firearms by security personnel. Sec. 161B. Commission workforce..", "id": "H86BB5ED7CADE4034A492779AF51263A3", "header": "Commission workforce", "nested": [], "links": [ { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" } ] }, { "text": "(b) Government Accountability Office report \nNot later than September 30, 2032, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (1) evaluates the extent to which the authorities provided under subsections (a), (b), and (c) of section 161B of the Atomic Energy Act of 1954 (as added by this Act) have been utilized; (2) describes the role in which the highly qualified individuals recruited and directly appointed pursuant to section 161B(a) of the Atomic Energy Act of 1954 (as added by this Act) have been utilized to support the licensing of advanced nuclear reactors; (3) assesses the effectiveness of the authorities provided under subsections (a), (b), and (c) of section 161B of the Atomic Energy Act of 1954 (as added by this Act) in helping the Nuclear Regulatory Commission fulfill its mission; (4) makes recommendations to improve the Nuclear Regulatory Commission’s strategic workforce management; and (5) makes recommendations with respect to whether Congress should enhance, modify, or discontinue the authorities provided under subsections (a), (b), and (c) of section 161B of the Atomic Energy Act of 1954 (as added by this Act).", "id": "H807F249BF5DC4ED28938539B1226238D", "header": "Government Accountability Office report", "nested": [], "links": [] }, { "text": "(c) Annual Solicitation for Nuclear Regulator Apprenticeship Network Applications \nThe Nuclear Regulatory Commission, on an annual basis, shall solicit applications for the Nuclear Regulator Apprenticeship Network.", "id": "HF75544B4C7154954894C3C65A961879D", "header": "Annual Solicitation for Nuclear Regulator Apprenticeship Network Applications", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" } ] }, { "text": "161B. Commission workforce \n(a) Direct hire authority \n(1) In general \nNotwithstanding section 161 d. of this Act and section 2(b) of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and without regard to any provision of title 5 (except sections 3303 and 3328), United States Code, governing appointments in the civil service, if the Chairman of the Nuclear Regulatory Commission (in this section referred to as the Chairman ) issues or renews a certification that there is a severe shortage of candidates or a critical hiring need for covered positions to carry out the Nuclear Regulatory Commission’s (in this section referred to as the Commission ) responsibilities and activities in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect— (A) recruit and directly appoint highly qualified individuals into the excepted service for covered positions; and (B) establish in the excepted service term-limited covered positions and recruit and directly appoint highly qualified individuals into such term-limited covered positions, which may not exceed a term of 4 years. (2) Limitations \n(A) Merit principles \nTo the maximum extent practicable, any action authorized pursuant to paragraph (1) shall be consistent with the merit principles of section 2301 of title 5, United States Code. (B) Number \nThe number of highly qualified individuals serving in— (i) covered positions pursuant to paragraph (1)(A) may not exceed 210 at any one time; and (ii) term-limited covered positions pursuant to paragraph (1)(B) may not exceed 80 at any one time. (C) Compensation \nThe Chairman may not use authority under paragraph (1)(A) or paragraph (1)(B) to compensate individuals recruited and directly appointed into a covered position or a term-limited covered position at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (D) Senior Executive Service position \nThe Chairman may not, under paragraph (1)(A) or paragraph (1)(B), appoint highly qualified individuals to any Senior Executive Service position, as defined in section 3132 of title 5, United States Code. (3) Renewal \nThe Chairman may renew a certification issued or renewed under this subsection if the Chairman determines there is still a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Termination \nA certification issued or renewed under this subsection shall terminate on the earlier of— (A) the date that is 10 years after the certification is renewed or issued; or (B) the date on which the Chairman determines there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (5) Level of positions \nTo the extent practicable, in carrying out paragraph (1) the Chairman shall recruit and directly appoint highly qualified individuals into the excepted service to entry, mid, and senior level covered positions, including term-limited covered positions. (b) Addressing insufficient compensation of employees and other personnel of the Commission \n(1) In general \nNotwithstanding any other provision of law, if the Chairman issues or renews a certification that compensation for employees or other personnel of the Commission serving in a covered position is insufficient to retain or attract such employees and other personnel to allow the Commission to carry out the responsibilities and activities of the Commission in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect, fix the compensation for such employees or other personnel serving in a covered position without regard to any provision of title 5, United States Code, governing General Schedule classification and pay rates. (2) Certification requirements \nA certification issued or renewed under this subsection shall— (A) apply to employees or other personnel who serve in covered positions; (B) terminate on the earlier of— (i) the date that is 10 years after the certification is issued or renewed; or (ii) the date on which the Chairman determines that the use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is no longer necessary to retain or attract such employees and other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner; and (C) be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel serving in a covered position to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (3) Renewal \nThe Chairman may renew a certification issued or renewed under this subsection if the Chairman determines that use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is still necessary to retain or attract such employees or other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Applicability \nThe authority under this subsection to fix the compensation of employees or other personnel during any period when a certification issued or renewed under paragraph (1) is in effect shall apply with respect to an employee or other personnel serving in a covered position regardless of when the employee or other personnel was hired. (5) Retention of level of fixed compensation \nThe termination of a certification issued or renewed under paragraph (1) shall not affect the compensation of an employee or other personnel serving in a covered position whose compensation was fixed by the Chairman in accordance with paragraph (1). (6) Limitation on compensation \nThe Chairman may not use the authority under paragraph (1) to fix the compensation of employees or other personnel at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (7) Experts and consultants \n(A) In general \nSubject to subparagraph (B), the Chairman may— (i) obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code; (ii) compensate those experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of that title; and (iii) pay to the experts and consultants serving away from the homes or regular places of business of the experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of that title for persons in Government service employed intermittently. (B) Limitations \nThe Chairman shall— (i) to the maximum extent practicable, limit the use of experts and consultants pursuant to subparagraph (A); and (ii) ensure that the employment contract of each expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently than annually. (c) Additional compensation authority \n(1) For new employees \nThe Chairman may pay a person recruited and directly appointed under subsection (a) a 1-time hiring bonus in an amount not to exceed $25,000. (2) For existing employees \n(A) In general \nSubject to subparagraph (B), an employee or other personnel who the Chairman determines exhibited exceptional performance in a fiscal year may be paid a performance bonus in an amount not to exceed the least of— (i) $25,000; and (ii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (B) Limitations \n(i) Subsequent bonuses \nAny person who receives a performance bonus under subparagraph (A) may not receive another performance bonus under that subparagraph for a period of 5 years thereafter. (ii) Hiring bonuses \nAny person who receives a 1-time hiring bonus under paragraph (1) may not receive a performance bonus under subparagraph (A) unless more than one year has elapsed since the payment of such 1-time hiring bonus. (d) Implementation plan and report \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Chairman shall develop and implement a plan to carry out this section. Before implementing such plan, the Chairman shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Office of Personnel Management a report on the details of the plan. (2) Report content \nThe report submitted under paragraph (1) shall include— (A) evidence and supporting documentation justifying the plan; and (B) budgeting projections on costs and benefits resulting from the plan. (3) Consultation \nThe Chairman may consult with the Office of Personnel Management, the Office of Management and Budget, and the Comptroller General of the United States in developing the plan under paragraph (1). (e) Delegation \nThe Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by subsections (a), (b), and (c) to the Executive Director for Operations of the Commission. (f) Information on hiring, vacancies, and compensation \n(1) In general \nThe Commission shall include in its budget materials submitted in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code), for each fiscal year beginning after the date of enactment of this section, information relating to hiring, vacancies, and compensation at the Commission. (2) Inclusions \nThe information described in paragraph (1) shall include— (A) an analysis of any trends with respect to hiring, vacancies, and compensation at the Commission; (B) a description of the efforts to retain and attract employees or other personnel to serve in covered positions at the Commission; (C) information that describes— (i) if a certification under subsection (a) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring needs of the Commission; (ii) the total number of highly qualified individuals serving in— (I) covered positions pursuant to subsection (a)(1)(A); and (II) term-limited covered positions pursuant to subsection (a)(1)(B); (iii) if a certification under subsection (b) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring or retention needs of the Commission; (iv) the total number of employees or other personnel serving in a covered position that have their compensation fixed pursuant to subsection (b); (v) if a certification under subsection (a) or (b) was terminated or was not in effect at any point in the previous year, why such a certification was terminated or was not in effect; (vi) the attrition levels with respect to term-limited covered positions appointed under subsection (a)(1)(B), including the number of individuals leaving a term-limited covered position before completion of the applicable term of service and the average length of service for such individuals as a percentage of the applicable term of service; and (vii) the number of experts and consultants retained under subsection (b)(7); and (D) an assessment of— (i) the current critical workforce needs of the Commission and any critical workforce needs that the Commission anticipates in the next five years; and (ii) additional skillsets that are or likely will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission. (g) Covered position \nIn this section, the term covered position means a position in which an employee or other personnel is responsible for conducting work of a scientific, technical, engineering, mathematical, legal, managerial, or otherwise highly specialized or skilled nature.", "id": "H1CB2183FFE7F41C5A5E9C4536828223B", "header": "Commission workforce", "nested": [ { "text": "(a) Direct hire authority \n(1) In general \nNotwithstanding section 161 d. of this Act and section 2(b) of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and without regard to any provision of title 5 (except sections 3303 and 3328), United States Code, governing appointments in the civil service, if the Chairman of the Nuclear Regulatory Commission (in this section referred to as the Chairman ) issues or renews a certification that there is a severe shortage of candidates or a critical hiring need for covered positions to carry out the Nuclear Regulatory Commission’s (in this section referred to as the Commission ) responsibilities and activities in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect— (A) recruit and directly appoint highly qualified individuals into the excepted service for covered positions; and (B) establish in the excepted service term-limited covered positions and recruit and directly appoint highly qualified individuals into such term-limited covered positions, which may not exceed a term of 4 years. (2) Limitations \n(A) Merit principles \nTo the maximum extent practicable, any action authorized pursuant to paragraph (1) shall be consistent with the merit principles of section 2301 of title 5, United States Code. (B) Number \nThe number of highly qualified individuals serving in— (i) covered positions pursuant to paragraph (1)(A) may not exceed 210 at any one time; and (ii) term-limited covered positions pursuant to paragraph (1)(B) may not exceed 80 at any one time. (C) Compensation \nThe Chairman may not use authority under paragraph (1)(A) or paragraph (1)(B) to compensate individuals recruited and directly appointed into a covered position or a term-limited covered position at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (D) Senior Executive Service position \nThe Chairman may not, under paragraph (1)(A) or paragraph (1)(B), appoint highly qualified individuals to any Senior Executive Service position, as defined in section 3132 of title 5, United States Code. (3) Renewal \nThe Chairman may renew a certification issued or renewed under this subsection if the Chairman determines there is still a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Termination \nA certification issued or renewed under this subsection shall terminate on the earlier of— (A) the date that is 10 years after the certification is renewed or issued; or (B) the date on which the Chairman determines there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (5) Level of positions \nTo the extent practicable, in carrying out paragraph (1) the Chairman shall recruit and directly appoint highly qualified individuals into the excepted service to entry, mid, and senior level covered positions, including term-limited covered positions.", "id": "HCB70F0470388437B90B439A925CE911D", "header": "Direct hire authority", "nested": [], "links": [] }, { "text": "(b) Addressing insufficient compensation of employees and other personnel of the Commission \n(1) In general \nNotwithstanding any other provision of law, if the Chairman issues or renews a certification that compensation for employees or other personnel of the Commission serving in a covered position is insufficient to retain or attract such employees and other personnel to allow the Commission to carry out the responsibilities and activities of the Commission in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect, fix the compensation for such employees or other personnel serving in a covered position without regard to any provision of title 5, United States Code, governing General Schedule classification and pay rates. (2) Certification requirements \nA certification issued or renewed under this subsection shall— (A) apply to employees or other personnel who serve in covered positions; (B) terminate on the earlier of— (i) the date that is 10 years after the certification is issued or renewed; or (ii) the date on which the Chairman determines that the use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is no longer necessary to retain or attract such employees and other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner; and (C) be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel serving in a covered position to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (3) Renewal \nThe Chairman may renew a certification issued or renewed under this subsection if the Chairman determines that use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is still necessary to retain or attract such employees or other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Applicability \nThe authority under this subsection to fix the compensation of employees or other personnel during any period when a certification issued or renewed under paragraph (1) is in effect shall apply with respect to an employee or other personnel serving in a covered position regardless of when the employee or other personnel was hired. (5) Retention of level of fixed compensation \nThe termination of a certification issued or renewed under paragraph (1) shall not affect the compensation of an employee or other personnel serving in a covered position whose compensation was fixed by the Chairman in accordance with paragraph (1). (6) Limitation on compensation \nThe Chairman may not use the authority under paragraph (1) to fix the compensation of employees or other personnel at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (7) Experts and consultants \n(A) In general \nSubject to subparagraph (B), the Chairman may— (i) obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code; (ii) compensate those experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of that title; and (iii) pay to the experts and consultants serving away from the homes or regular places of business of the experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of that title for persons in Government service employed intermittently. (B) Limitations \nThe Chairman shall— (i) to the maximum extent practicable, limit the use of experts and consultants pursuant to subparagraph (A); and (ii) ensure that the employment contract of each expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently than annually.", "id": "H995C002137834A0E9DB5ABD737CEDB75", "header": "Addressing insufficient compensation of employees and other personnel of the Commission", "nested": [], "links": [] }, { "text": "(c) Additional compensation authority \n(1) For new employees \nThe Chairman may pay a person recruited and directly appointed under subsection (a) a 1-time hiring bonus in an amount not to exceed $25,000. (2) For existing employees \n(A) In general \nSubject to subparagraph (B), an employee or other personnel who the Chairman determines exhibited exceptional performance in a fiscal year may be paid a performance bonus in an amount not to exceed the least of— (i) $25,000; and (ii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (B) Limitations \n(i) Subsequent bonuses \nAny person who receives a performance bonus under subparagraph (A) may not receive another performance bonus under that subparagraph for a period of 5 years thereafter. (ii) Hiring bonuses \nAny person who receives a 1-time hiring bonus under paragraph (1) may not receive a performance bonus under subparagraph (A) unless more than one year has elapsed since the payment of such 1-time hiring bonus.", "id": "H2C98C6B1418C4E2B899A6D460953EA55", "header": "Additional compensation authority", "nested": [], "links": [] }, { "text": "(d) Implementation plan and report \n(1) In general \nNot later than 180 days after the date of enactment of this section, the Chairman shall develop and implement a plan to carry out this section. Before implementing such plan, the Chairman shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Office of Personnel Management a report on the details of the plan. (2) Report content \nThe report submitted under paragraph (1) shall include— (A) evidence and supporting documentation justifying the plan; and (B) budgeting projections on costs and benefits resulting from the plan. (3) Consultation \nThe Chairman may consult with the Office of Personnel Management, the Office of Management and Budget, and the Comptroller General of the United States in developing the plan under paragraph (1).", "id": "H1854B8A84D764021A917D8B229C4D4CA", "header": "Implementation plan and report", "nested": [], "links": [] }, { "text": "(e) Delegation \nThe Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by subsections (a), (b), and (c) to the Executive Director for Operations of the Commission.", "id": "H25224F8B1E924527AD907D494DDE810E", "header": "Delegation", "nested": [], "links": [] }, { "text": "(f) Information on hiring, vacancies, and compensation \n(1) In general \nThe Commission shall include in its budget materials submitted in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code), for each fiscal year beginning after the date of enactment of this section, information relating to hiring, vacancies, and compensation at the Commission. (2) Inclusions \nThe information described in paragraph (1) shall include— (A) an analysis of any trends with respect to hiring, vacancies, and compensation at the Commission; (B) a description of the efforts to retain and attract employees or other personnel to serve in covered positions at the Commission; (C) information that describes— (i) if a certification under subsection (a) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring needs of the Commission; (ii) the total number of highly qualified individuals serving in— (I) covered positions pursuant to subsection (a)(1)(A); and (II) term-limited covered positions pursuant to subsection (a)(1)(B); (iii) if a certification under subsection (b) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring or retention needs of the Commission; (iv) the total number of employees or other personnel serving in a covered position that have their compensation fixed pursuant to subsection (b); (v) if a certification under subsection (a) or (b) was terminated or was not in effect at any point in the previous year, why such a certification was terminated or was not in effect; (vi) the attrition levels with respect to term-limited covered positions appointed under subsection (a)(1)(B), including the number of individuals leaving a term-limited covered position before completion of the applicable term of service and the average length of service for such individuals as a percentage of the applicable term of service; and (vii) the number of experts and consultants retained under subsection (b)(7); and (D) an assessment of— (i) the current critical workforce needs of the Commission and any critical workforce needs that the Commission anticipates in the next five years; and (ii) additional skillsets that are or likely will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission.", "id": "HED7C197966084CD3A705AEF55EF8831D", "header": "Information on hiring, vacancies, and compensation", "nested": [], "links": [] }, { "text": "(g) Covered position \nIn this section, the term covered position means a position in which an employee or other personnel is responsible for conducting work of a scientific, technical, engineering, mathematical, legal, managerial, or otherwise highly specialized or skilled nature.", "id": "H9B1335BBB808433F8696EBF8F54A92DC", "header": "Covered position", "nested": [], "links": [] } ], "links": [] }, { "text": "111. Advanced reactor fee reduction \n(a) Definitions \nSection 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) is amended— (1) by redesignating paragraphs (2) through (15) as paragraphs (3), (6), (7), (8), (9), (10), (11), (14), (15), (16), (17), (18), (19), and (20), respectively; (2) by inserting after paragraph (1) the following: (2) Advanced nuclear reactor applicant \nThe term advanced nuclear reactor applicant means an entity that has submitted to the Commission an application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). ; (3) by inserting after paragraph (3) (as so redesignated) the following: (4) Advanced nuclear reactor preapplicant \nThe term advanced nuclear reactor preapplicant means an entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). (5) Agency support \nThe term agency support has the meaning given the term agency support (corporate support and the IG) in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation). ; and (4) by inserting after paragraph (11) (as so redesignated) the following: (12) Mission-direct program salaries and benefits \nThe term mission-direct program salaries and benefits has the meaning given such term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation). (13) Mission-indirect program support \nThe term mission-indirect program support has the meaning given such term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation).. (b) Excluded activities \nSection 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) is amended by adding at the end the following: (iv) The total costs of mission-indirect program support and agency support that, under paragraph (2)(B)(ii), may not be included in the professional hourly rate charged for fees assessed and collected from advanced nuclear reactor applicants. (v) The total costs of mission-indirect program support and agency support that, under paragraph (2)(C)(ii), may not be included in the professional hourly rate charged for fees assessed and collected from advanced nuclear reactor preapplicants.. (c) Fees for service or thing of value \nSection 102(b) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b) ) is amended by striking paragraph (2) and inserting the following: (2) Fees for service or thing of value \n(A) In general \nIn accordance with section 9701 of title 31, United States Code, the Commission shall assess and collect fees from any person who receives a service or thing of value from the Commission to cover the costs to the Commission of providing the service or thing of value. (B) Advanced nuclear reactor applicants \nThe professional hourly rate charged for fees assessed and collected from an advanced nuclear reactor applicant under this paragraph relating to the review of a submitted application for an advanced nuclear reactor may not— (i) exceed the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program; and (ii) include the costs of mission-indirect program support and agency support. (C) Advanced nuclear reactor preapplicants \nThe professional hourly rate charged for fees assessed and collected from an advanced nuclear reactor preapplicant under this paragraph relating to the review of submitted materials as described in the licensing project plan of such advanced nuclear reactor preapplicant may not— (i) exceed the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program; and (ii) include the costs of mission-indirect program support and agency support. (D) Calculation of hourly rate \nIn this paragraph, the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program equals the quotient obtained by dividing— (i) the full-time equivalent rate (within the meaning of the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document)) for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program (as determined by the Commission) for a fiscal year; by (ii) the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in clause (i) (or a successor document).. (d) Sunset \nSection 102(f) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(f) ) is amended to read as follows: (f) Cessation of effectiveness \nParagraphs (1)(B)(v) and (2)(C) of subsection (b) shall cease to be effective on September 30, 2029.. (e) Effective date \nThe amendments made by this section shall take effect on October 1, 2024.", "id": "H600FFE5E5BCF496EA4732A6CDA3E412F", "header": "Advanced reactor fee reduction", "nested": [ { "text": "(a) Definitions \nSection 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) is amended— (1) by redesignating paragraphs (2) through (15) as paragraphs (3), (6), (7), (8), (9), (10), (11), (14), (15), (16), (17), (18), (19), and (20), respectively; (2) by inserting after paragraph (1) the following: (2) Advanced nuclear reactor applicant \nThe term advanced nuclear reactor applicant means an entity that has submitted to the Commission an application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). ; (3) by inserting after paragraph (3) (as so redesignated) the following: (4) Advanced nuclear reactor preapplicant \nThe term advanced nuclear reactor preapplicant means an entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). (5) Agency support \nThe term agency support has the meaning given the term agency support (corporate support and the IG) in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation). ; and (4) by inserting after paragraph (11) (as so redesignated) the following: (12) Mission-direct program salaries and benefits \nThe term mission-direct program salaries and benefits has the meaning given such term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation). (13) Mission-indirect program support \nThe term mission-indirect program support has the meaning given such term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation)..", "id": "H5D3D6EF52AB64444B8C2E117F3537704", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" } ] }, { "text": "(b) Excluded activities \nSection 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) is amended by adding at the end the following: (iv) The total costs of mission-indirect program support and agency support that, under paragraph (2)(B)(ii), may not be included in the professional hourly rate charged for fees assessed and collected from advanced nuclear reactor applicants. (v) The total costs of mission-indirect program support and agency support that, under paragraph (2)(C)(ii), may not be included in the professional hourly rate charged for fees assessed and collected from advanced nuclear reactor preapplicants..", "id": "H8D001FB4B7E14370BFA143C03B159B8D", "header": "Excluded activities", "nested": [], "links": [ { "text": "42 U.S.C. 2215(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "(c) Fees for service or thing of value \nSection 102(b) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b) ) is amended by striking paragraph (2) and inserting the following: (2) Fees for service or thing of value \n(A) In general \nIn accordance with section 9701 of title 31, United States Code, the Commission shall assess and collect fees from any person who receives a service or thing of value from the Commission to cover the costs to the Commission of providing the service or thing of value. (B) Advanced nuclear reactor applicants \nThe professional hourly rate charged for fees assessed and collected from an advanced nuclear reactor applicant under this paragraph relating to the review of a submitted application for an advanced nuclear reactor may not— (i) exceed the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program; and (ii) include the costs of mission-indirect program support and agency support. (C) Advanced nuclear reactor preapplicants \nThe professional hourly rate charged for fees assessed and collected from an advanced nuclear reactor preapplicant under this paragraph relating to the review of submitted materials as described in the licensing project plan of such advanced nuclear reactor preapplicant may not— (i) exceed the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program; and (ii) include the costs of mission-indirect program support and agency support. (D) Calculation of hourly rate \nIn this paragraph, the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program equals the quotient obtained by dividing— (i) the full-time equivalent rate (within the meaning of the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document)) for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program (as determined by the Commission) for a fiscal year; by (ii) the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in clause (i) (or a successor document)..", "id": "H2F5983AD63AA44678A1B46BAA05F76E8", "header": "Fees for service or thing of value", "nested": [], "links": [ { "text": "42 U.S.C. 2215(b)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "(d) Sunset \nSection 102(f) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(f) ) is amended to read as follows: (f) Cessation of effectiveness \nParagraphs (1)(B)(v) and (2)(C) of subsection (b) shall cease to be effective on September 30, 2029..", "id": "H392AECD1A0F44968A08F4244C4D1E7E2", "header": "Sunset", "nested": [], "links": [ { "text": "42 U.S.C. 2215(f)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "(e) Effective date \nThe amendments made by this section shall take effect on October 1, 2024.", "id": "H19BE6562C45A44C78A212B342A18675C", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "42 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/2011" }, { "text": "42 U.S.C. 2215(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215(b)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2215(f)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "112. Advanced nuclear reactor prize \nSection 103 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5571) is amended by adding at the end the following: (f) Prizes for advanced nuclear reactor licensing \n(1) Definition of eligible entity \nIn this subsection, the term eligible entity means— (A) a non-Federal entity; and (B) the Tennessee Valley Authority. (2) Prize for advanced nuclear reactor licensing \n(A) In general \nNotwithstanding section 169 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2209 ) and subject to the availability of appropriations, the Secretary is authorized to make, with respect to each award category described in subparagraph (C), an award in an amount described in subparagraph (B) to the first eligible entity— (i) to which the Commission issues an operating license for an advanced nuclear reactor under part 50 of title 10, Code of Federal Regulations (or successor regulations), for which an application has not been approved by the Commission as of the date of enactment of this subsection; or (ii) for which the Commission makes a finding described in section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), with respect to a combined license for an advanced nuclear reactor— (I) that is issued under subpart C of part 52 of that title (or successor regulations); and (II) for which an application has not been approved by the Commission as of the date of enactment of this subsection. (B) Amount of award \nSubject to paragraph (3), an award under subparagraph (A) shall be in an amount equal to the total amount assessed by the Commission and collected under section 102(b)(2) from the eligible entity receiving the award for costs relating to the issuance of the license described in that subparagraph, including, as applicable, costs relating to the issuance of an associated construction permit described in section 50.23 of title 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 of that title (or successor regulations)). (C) Award categories \nAn award under subparagraph (A) may be made for— (i) the first advanced nuclear reactor for which the Commission— (I) issues a license in accordance with clause (i) of subparagraph (A); or (II) makes a finding in accordance with clause (ii) of that subparagraph; (ii) an advanced nuclear reactor that— (I) uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )) or depleted uranium as fuel for the advanced nuclear reactor; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iii) an advanced nuclear reactor that— (I) is a nuclear integrated energy system— (aa) that is composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies; (bb) in which not fewer than 1 subsystem described in item (aa) is a nuclear energy system; and (cc) the purpose of which is— (AA) to reduce greenhouse gas emissions in both the power and nonpower sectors; and (BB) to maximize energy production and efficiency; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iv) an advanced reactor that— (I) operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; and (v) the first advanced nuclear reactor for which the Commission grants approval to load nuclear fuel pursuant to the technology-inclusive regulatory framework established under subsection (a)(4). (3) Federal funding limitation \n(A) Exclusion of TVA funds \nIn this paragraph, the term Federal funds does not include funds received under the power program of the Tennessee Valley Authority established pursuant to the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq. ). (B) Limitation on amounts expended \nAn award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share required under section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 )) by the eligible entity receiving the award for licensing costs relating to the project for which the award is made. (C) Repayments and dividends not required \nNotwithstanding section 9104(a)(4) of title 31, United States Code, or any other provision of law, an eligible entity that received an award under this subsection shall not be required— (i) to repay that award or any part of that award; or (ii) to pay a dividend, interest, or other similar payment based on the sum of that award..", "id": "H5978313006C54E07B3F0458EB3EFB2B8", "header": "Advanced nuclear reactor prize", "nested": [], "links": [ { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2209", "legal-doc": "usc", "parsable-cite": "usc/42/2209" }, { "text": "42 U.S.C. 10101", "legal-doc": "usc", "parsable-cite": "usc/42/10101" }, { "text": "16 U.S.C. 831 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/831" }, { "text": "42 U.S.C. 16352", "legal-doc": "usc", "parsable-cite": "usc/42/16352" } ] }, { "text": "121. Modernization of nuclear reactor environmental reviews \n(a) In general \nNot later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this section referred to as the Commission ) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the efforts of the Commission to facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications, including through expanded use of categorical exclusions, environmental assessments, and generic environmental impact statements. (b) Report \nIn completing the report under subsection (a), the Commission shall— (1) describe the actions the Commission will take to implement the amendments to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) made by section 321 of the Fiscal Responsibility Act of 2023; (2) consider— (A) using through adoption, incorporation by reference, or other appropriate means, categorical exclusions, environmental assessments, and environmental impact statements prepared by other Federal agencies to streamline environmental reviews of nuclear reactor applications by the Commission; (B) using categorical exclusions, environmental assessments, and environmental impact statements prepared by the Commission to streamline environmental reviews of nuclear reactor applications by the Commission; (C) using mitigated findings of no significant impact in environmental reviews of nuclear reactor applications by the Commission to reduce the impact of a proposed action to a level that is not significant; (D) the extent to which the Commission may rely on prior studies or analyses prepared by Federal, State, and local governmental permitting agencies to streamline environmental reviews of nuclear reactor applications by the Commission; (E) opportunities to coordinate the development of environmental assessments and environmental impact statements with other Federal agencies to avoid duplicative environmental reviews and to streamline environmental reviews of nuclear reactor applications by the Commission; (F) opportunities to streamline formal and informal consultations and coordination with other Federal, State, and local governmental permitting agencies during environmental reviews of nuclear reactor applications by the Commission; (G) opportunities to streamline the Commission’s analyses of alternatives, including the Commission’s analysis of alternative sites, in environmental reviews of nuclear reactor applications by the Commission; (H) establishing new categorical exclusions that could be applied to actions relating to new nuclear reactors applications; (I) amending section 51.20(b) of title 10, Code of Federal Regulations, to allow the Commission to determine on a case-specific basis whether an environmental assessment (rather than an environmental impact statement or supplemental environmental impact statement) is appropriate for a particular nuclear reactor application, including in proceedings in which the Commission relies upon a generic environmental impact statement for advanced nuclear reactors; (J) authorizing the use of an applicant’s environmental impact statement as the Commission’s draft environmental impact statement, consistent with section 107(f) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a(f) ); (K) opportunities to adopt online and digital technologies, including technologies that would allow applicants and cooperating agencies to upload documents and coordinate with the Commission to edit documents in real time, that would streamline communications between— (i) the Commission and applicants; and (ii) the Commission and other relevant cooperating agencies; (L) in addition to implementing measures under subsection (c), potential revisions to part 51 of title 10, Code of Federal Regulations, and relevant Commission guidance documents, to— (i) facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications; (ii) assist decision-making about relevant environmental issues; (iii) maintain openness with the public; (iv) meet obligations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (v) reduce burdens on licensees, applicants, and the Commission; and (3) include a schedule for promulgating the rule required under subsection (c). (c) Rulemaking \nNot later than 2 years after the submission of the report under subsection (a), the Commission shall promulgate a final rule implementing, to the maximum extent practicable, measures considered by the Commission under subsection (b)(2) that are necessary to streamline the Commission’s review of nuclear reactor applications.", "id": "H2D21F24A687F464498411166433D3C0C", "header": "Modernization of nuclear reactor environmental reviews", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this section referred to as the Commission ) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the efforts of the Commission to facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications, including through expanded use of categorical exclusions, environmental assessments, and generic environmental impact statements.", "id": "HC9B221FC9826438697F8928A93979927", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nIn completing the report under subsection (a), the Commission shall— (1) describe the actions the Commission will take to implement the amendments to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) made by section 321 of the Fiscal Responsibility Act of 2023; (2) consider— (A) using through adoption, incorporation by reference, or other appropriate means, categorical exclusions, environmental assessments, and environmental impact statements prepared by other Federal agencies to streamline environmental reviews of nuclear reactor applications by the Commission; (B) using categorical exclusions, environmental assessments, and environmental impact statements prepared by the Commission to streamline environmental reviews of nuclear reactor applications by the Commission; (C) using mitigated findings of no significant impact in environmental reviews of nuclear reactor applications by the Commission to reduce the impact of a proposed action to a level that is not significant; (D) the extent to which the Commission may rely on prior studies or analyses prepared by Federal, State, and local governmental permitting agencies to streamline environmental reviews of nuclear reactor applications by the Commission; (E) opportunities to coordinate the development of environmental assessments and environmental impact statements with other Federal agencies to avoid duplicative environmental reviews and to streamline environmental reviews of nuclear reactor applications by the Commission; (F) opportunities to streamline formal and informal consultations and coordination with other Federal, State, and local governmental permitting agencies during environmental reviews of nuclear reactor applications by the Commission; (G) opportunities to streamline the Commission’s analyses of alternatives, including the Commission’s analysis of alternative sites, in environmental reviews of nuclear reactor applications by the Commission; (H) establishing new categorical exclusions that could be applied to actions relating to new nuclear reactors applications; (I) amending section 51.20(b) of title 10, Code of Federal Regulations, to allow the Commission to determine on a case-specific basis whether an environmental assessment (rather than an environmental impact statement or supplemental environmental impact statement) is appropriate for a particular nuclear reactor application, including in proceedings in which the Commission relies upon a generic environmental impact statement for advanced nuclear reactors; (J) authorizing the use of an applicant’s environmental impact statement as the Commission’s draft environmental impact statement, consistent with section 107(f) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a(f) ); (K) opportunities to adopt online and digital technologies, including technologies that would allow applicants and cooperating agencies to upload documents and coordinate with the Commission to edit documents in real time, that would streamline communications between— (i) the Commission and applicants; and (ii) the Commission and other relevant cooperating agencies; (L) in addition to implementing measures under subsection (c), potential revisions to part 51 of title 10, Code of Federal Regulations, and relevant Commission guidance documents, to— (i) facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications; (ii) assist decision-making about relevant environmental issues; (iii) maintain openness with the public; (iv) meet obligations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (v) reduce burdens on licensees, applicants, and the Commission; and (3) include a schedule for promulgating the rule required under subsection (c).", "id": "HB3BC52D662FD490D8581933C5D154926", "header": "Report", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4336a(f)", "legal-doc": "usc", "parsable-cite": "usc/42/4336a" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(c) Rulemaking \nNot later than 2 years after the submission of the report under subsection (a), the Commission shall promulgate a final rule implementing, to the maximum extent practicable, measures considered by the Commission under subsection (b)(2) that are necessary to streamline the Commission’s review of nuclear reactor applications.", "id": "H735D4ED1566E40B7BF559116AD30E4E7", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4336a(f)", "legal-doc": "usc", "parsable-cite": "usc/42/4336a" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "122. Nuclear for Brownfield sites \n(a) Definitions \nIn this section: (1) Brownfield site \nThe term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (2) Commission \nThe term Commission means the Nuclear Regulatory Commission. (3) Covered site \nThe term covered site means a brownfield site, a retired fossil fuel site, or a site that is both a retired fossil fuel site and a brownfield site. (4) Production facility \nThe term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (5) Retired fossil fuel site \nThe term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multiunit facilities that are partially shut down. (6) Utilization facility \nThe term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (b) Identification of regulatory issues \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall evaluate the extent to which modification of regulations, guidance, or policy is needed to enable efficient, timely, and predictable licensing reviews for, and to support the oversight of, production facilities or utilization facilities at covered sites. (2) Requirement \nIn carrying out paragraph (1), the Commission shall consider how licensing reviews for production facilities or utilization facilities at covered sites may be expedited by— (A) siting and operating a production facility or a utilization facility at or near existing site infrastructure to support the reuse of such infrastructure, including— (i) electric switchyard components and transmission infrastructure; (ii) heat-sink components; (iii) steam cycle components; (iv) roads; (v) railroad access; and (vi) water availability; (B) using early site permits; (C) using plant parameter envelopes or similar standardized site parameters on a portion of a larger site; and (D) using a standardized application for similar sites. (3) Report \nNot later than 14 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing any regulations, guidance, and policies evaluated under paragraph (1). (c) Licensing \n(1) In general \nNot later than 2 years after the date of enactment of this Act, the Commission shall, based on the evaluation under subsection (b)— (A) develop and implement strategies to enable efficient, timely, and predictable licensing reviews for, and to support the oversight of, production facilities or utilization facilities at covered sites; and (B) initiate a rulemaking to enable efficient, timely, and predictable licensing reviews for, and to support the oversight of, production facilities or utilization facilities at covered sites. (2) Requirements \nIn carrying out paragraph (1), consistent with the mission of the Commission, the Commission shall consider matters relating to— (A) the use of existing site infrastructure; (B) existing emergency preparedness organizations and planning; (C) the availability of historical site-specific environmental data; (D) previously completed environmental reviews required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (E) activities associated with the potential decommissioning of facilities or decontamination and remediation at covered sites; and (F) community engagement and historical experience with energy production. (d) Report \nNot later than 3 years after the date of enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the actions taken by the Commission under subsection (c)(1).", "id": "HE6B6AB7A900547149765557030A5D920", "header": "Nuclear for Brownfield sites", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Brownfield site \nThe term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (2) Commission \nThe term Commission means the Nuclear Regulatory Commission. (3) Covered site \nThe term covered site means a brownfield site, a retired fossil fuel site, or a site that is both a retired fossil fuel site and a brownfield site. (4) Production facility \nThe term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (5) Retired fossil fuel site \nThe term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multiunit facilities that are partially shut down. (6) Utilization facility \nThe term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ).", "id": "H25E2F96C843B430AA156A13D13FED00F", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" } ] }, { "text": "(b) Identification of regulatory issues \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall evaluate the extent to which modification of regulations, guidance, or policy is needed to enable efficient, timely, and predictable licensing reviews for, and to support the oversight of, production facilities or utilization facilities at covered sites. (2) Requirement \nIn carrying out paragraph (1), the Commission shall consider how licensing reviews for production facilities or utilization facilities at covered sites may be expedited by— (A) siting and operating a production facility or a utilization facility at or near existing site infrastructure to support the reuse of such infrastructure, including— (i) electric switchyard components and transmission infrastructure; (ii) heat-sink components; (iii) steam cycle components; (iv) roads; (v) railroad access; and (vi) water availability; (B) using early site permits; (C) using plant parameter envelopes or similar standardized site parameters on a portion of a larger site; and (D) using a standardized application for similar sites. (3) Report \nNot later than 14 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing any regulations, guidance, and policies evaluated under paragraph (1).", "id": "HE84168A7C90E420F8BC3030CF6096FBB", "header": "Identification of regulatory issues", "nested": [], "links": [] }, { "text": "(c) Licensing \n(1) In general \nNot later than 2 years after the date of enactment of this Act, the Commission shall, based on the evaluation under subsection (b)— (A) develop and implement strategies to enable efficient, timely, and predictable licensing reviews for, and to support the oversight of, production facilities or utilization facilities at covered sites; and (B) initiate a rulemaking to enable efficient, timely, and predictable licensing reviews for, and to support the oversight of, production facilities or utilization facilities at covered sites. (2) Requirements \nIn carrying out paragraph (1), consistent with the mission of the Commission, the Commission shall consider matters relating to— (A) the use of existing site infrastructure; (B) existing emergency preparedness organizations and planning; (C) the availability of historical site-specific environmental data; (D) previously completed environmental reviews required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (E) activities associated with the potential decommissioning of facilities or decontamination and remediation at covered sites; and (F) community engagement and historical experience with energy production.", "id": "H7454B70671C14A34A61903DBC383F247", "header": "Licensing", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(d) Report \nNot later than 3 years after the date of enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the actions taken by the Commission under subsection (c)(1).", "id": "H92A1F69A51C34EF885B09ACA89F75D43", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9601", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "123. Advancement of nuclear regulatory oversight \n(a) Implementing lessons learned from the COVID–19 health emergency \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report on actions taken by the Commission during the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19. (2) Contents \nThe report submitted under paragraph (1) shall— (A) identify any processes, procedures, and other regulatory policies that the Commission revised or temporarily suspended during the public health emergency described in paragraph (1); (B) examine how any revision or temporary suspension of a process, procedure, or other regulatory policy identified under subparagraph (A) affected the ability of the Commission to license and regulate the civilian use of radioactive materials in the United States to protect public health and safety, promote the common defense and security, and protect the environment; (C) discuss lessons learned from the matters described in subparagraph (B); (D) list actions that the Commission has taken or will take to incorporate into the licensing and oversight activities of the Commission, without compromising the mission of the Commission, the lessons described in subparagraph (C); and (E) describe when the actions listed under subparagraph (D) were implemented or may be implemented. (b) Advancing efficient, risk-informed oversight and inspections \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall develop and submit to the appropriate committees of Congress a report that identifies specific improvements to the nuclear reactor and materials oversight and inspection programs carried out pursuant to the Atomic Energy Act of 1954 that the Commission may implement to maximize the efficiency of such programs through, where appropriate, the use of risk-informed, performance-based procedures, expanded incorporation of information technologies, and staff training. (2) Stakeholder input \nIn developing the report under paragraph (1), the Commission shall, as appropriate, seek input from— (A) the Secretary of Energy; (B) the National Laboratories; (C) the nuclear energy industry; and (D) nongovernmental organizations that are related to nuclear energy. (3) Contents \nThe report submitted under paragraph (1) shall— (A) assess specific elements of oversight and inspections that may be modified by the use of technology, improved planning, and continually updated risk-informed, performance-based assessment, including— (i) use of travel resources; (ii) planning and preparation for inspections, including entrance and exit meetings with licensees; (iii) document collection and preparation, including consideration of whether nuclear reactor data are accessible prior to onsite visits or requests to the licensee and that document requests are timely and within the scope of inspections; (iv) the cross-cutting issues program; and (v) the scope of event reporting required by licensees to ensure decisions are risk-informed; (B) identify and assess measures to improve oversight and inspections, including— (i) elimination of areas of duplicative or otherwise unnecessary activities; (ii) increased use of templates in documenting inspection results; and (iii) periodic training of Commission staff and leadership on the application of risk-informed criteria for— (I) inspection planning and assessments; (II) agency decision making processes on the application of regulations and guidance; and (III) the application of the Commission’s standard of reasonable assurance of adequate protection; (C) assess measures to advance risk-informed procedures, including— (i) increased use of inspection approaches that balance the level of resources commensurate with safety significance; (ii) increased review of the use of inspection program resources based on licensee performance; (iii) expansion of modern information technology, including artificial intelligence and machine learning to risk inform oversight and inspection decisions; and (iv) updating the Differing Professional Views or Opinions process to ensure any impacts on agency decisions and schedules are commensurate with the safety significance of the differing opinion; (D) assess the ability of the Commission, consistent with its obligations to provide reasonable assurance of adequate protection of health and safety pursuant to the Atomic Energy Act of 1954, to enable licensee innovations that may advance nuclear reactor operational efficiency and safety, including the criteria of the Commission for timely acceptance of licensee adoption of advanced technologies, including digital technologies; (E) identify recommendations resulting from the assessments described in subparagraphs (A) through (D); (F) identify specific actions that the Commission will take to incorporate into the training, inspection, oversight, and licensing activities, and regulations of the Commission, without compromising the mission of the Commission, the recommendations identified under subparagraph (E); and (G) describe when the actions identified under subparagraph (F) may be implemented. (c) Office and facility space review \n(1) Report \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (A) review office and other facility space requirements of the Commission; and (B) submit to the appropriate committees of Congress a report, with recommendations, on the results of such review. (2) Contents \nThe report described in paragraph (1) shall include— (A) an examination of— (i) the costs associated with the headquarters, regional offices, and technical training center of the Commission, including examination of— (I) costs that do not support the Commission’s mission, including rent subsidies for other Federal agencies; and (II) opportunities to reduce future costs through reduction in unnecessary office space, consolidation of offices, use of advanced information technology, or any other appropriate means; and (ii) current and anticipated office and facility requirements to efficiently accomplish the mission of the Commission; and (B) recommendations to Congress, the Commission, and the General Services Administration for actions that may assist in reducing office and facility costs to licensees and taxpayers. (d) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. (2) Commission \nThe term Commission means the Nuclear Regulatory Commission. (3) Licensee \nThe term licensee means a person that holds a license issued under section 103 or section 104 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ; 2134).", "id": "H616B150FC502411F817DF8D1D6A6C2C7", "header": "Advancement of nuclear regulatory oversight", "nested": [ { "text": "(a) Implementing lessons learned from the COVID–19 health emergency \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report on actions taken by the Commission during the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19. (2) Contents \nThe report submitted under paragraph (1) shall— (A) identify any processes, procedures, and other regulatory policies that the Commission revised or temporarily suspended during the public health emergency described in paragraph (1); (B) examine how any revision or temporary suspension of a process, procedure, or other regulatory policy identified under subparagraph (A) affected the ability of the Commission to license and regulate the civilian use of radioactive materials in the United States to protect public health and safety, promote the common defense and security, and protect the environment; (C) discuss lessons learned from the matters described in subparagraph (B); (D) list actions that the Commission has taken or will take to incorporate into the licensing and oversight activities of the Commission, without compromising the mission of the Commission, the lessons described in subparagraph (C); and (E) describe when the actions listed under subparagraph (D) were implemented or may be implemented.", "id": "HA90C5D4F13E34A68ADA8811F4744DBB1", "header": "Implementing lessons learned from the COVID–19 health emergency", "nested": [], "links": [ { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] }, { "text": "(b) Advancing efficient, risk-informed oversight and inspections \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Commission shall develop and submit to the appropriate committees of Congress a report that identifies specific improvements to the nuclear reactor and materials oversight and inspection programs carried out pursuant to the Atomic Energy Act of 1954 that the Commission may implement to maximize the efficiency of such programs through, where appropriate, the use of risk-informed, performance-based procedures, expanded incorporation of information technologies, and staff training. (2) Stakeholder input \nIn developing the report under paragraph (1), the Commission shall, as appropriate, seek input from— (A) the Secretary of Energy; (B) the National Laboratories; (C) the nuclear energy industry; and (D) nongovernmental organizations that are related to nuclear energy. (3) Contents \nThe report submitted under paragraph (1) shall— (A) assess specific elements of oversight and inspections that may be modified by the use of technology, improved planning, and continually updated risk-informed, performance-based assessment, including— (i) use of travel resources; (ii) planning and preparation for inspections, including entrance and exit meetings with licensees; (iii) document collection and preparation, including consideration of whether nuclear reactor data are accessible prior to onsite visits or requests to the licensee and that document requests are timely and within the scope of inspections; (iv) the cross-cutting issues program; and (v) the scope of event reporting required by licensees to ensure decisions are risk-informed; (B) identify and assess measures to improve oversight and inspections, including— (i) elimination of areas of duplicative or otherwise unnecessary activities; (ii) increased use of templates in documenting inspection results; and (iii) periodic training of Commission staff and leadership on the application of risk-informed criteria for— (I) inspection planning and assessments; (II) agency decision making processes on the application of regulations and guidance; and (III) the application of the Commission’s standard of reasonable assurance of adequate protection; (C) assess measures to advance risk-informed procedures, including— (i) increased use of inspection approaches that balance the level of resources commensurate with safety significance; (ii) increased review of the use of inspection program resources based on licensee performance; (iii) expansion of modern information technology, including artificial intelligence and machine learning to risk inform oversight and inspection decisions; and (iv) updating the Differing Professional Views or Opinions process to ensure any impacts on agency decisions and schedules are commensurate with the safety significance of the differing opinion; (D) assess the ability of the Commission, consistent with its obligations to provide reasonable assurance of adequate protection of health and safety pursuant to the Atomic Energy Act of 1954, to enable licensee innovations that may advance nuclear reactor operational efficiency and safety, including the criteria of the Commission for timely acceptance of licensee adoption of advanced technologies, including digital technologies; (E) identify recommendations resulting from the assessments described in subparagraphs (A) through (D); (F) identify specific actions that the Commission will take to incorporate into the training, inspection, oversight, and licensing activities, and regulations of the Commission, without compromising the mission of the Commission, the recommendations identified under subparagraph (E); and (G) describe when the actions identified under subparagraph (F) may be implemented.", "id": "HA77B912F730343C2818439028AFBE806", "header": "Advancing efficient, risk-informed oversight and inspections", "nested": [], "links": [] }, { "text": "(c) Office and facility space review \n(1) Report \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (A) review office and other facility space requirements of the Commission; and (B) submit to the appropriate committees of Congress a report, with recommendations, on the results of such review. (2) Contents \nThe report described in paragraph (1) shall include— (A) an examination of— (i) the costs associated with the headquarters, regional offices, and technical training center of the Commission, including examination of— (I) costs that do not support the Commission’s mission, including rent subsidies for other Federal agencies; and (II) opportunities to reduce future costs through reduction in unnecessary office space, consolidation of offices, use of advanced information technology, or any other appropriate means; and (ii) current and anticipated office and facility requirements to efficiently accomplish the mission of the Commission; and (B) recommendations to Congress, the Commission, and the General Services Administration for actions that may assist in reducing office and facility costs to licensees and taxpayers.", "id": "H77C548BF57BF44C591E0AB28DB16265E", "header": "Office and facility space review", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. (2) Commission \nThe term Commission means the Nuclear Regulatory Commission. (3) Licensee \nThe term licensee means a person that holds a license issued under section 103 or section 104 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ; 2134).", "id": "H4DAD07B53827443698CF8D0ABB428E88", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" } ] } ], "links": [ { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" } ] }, { "text": "201. Advanced nuclear deployment \n(a) Enabling preparations for advanced nuclear reactor demonstrations on Federal sites \n(1) In general \nSection 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) is further amended by adding at the end the following: (vi) Costs for— (I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019); and (II) pre-application activities relating to an early site permit (as so defined) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019).. (2) Effective date \nThe amendment made by paragraph (1) shall take effect on October 1, 2024. (b) Regulatory requirements for micro-reactors \n(1) Micro-Reactor licensing \nThe Nuclear Regulatory Commission (in this subsection referred to as the Commission ) shall— (A) not later than 18 months after the date of enactment of this Act, develop risk-informed and performance-based strategies and guidance to license and regulate micro-reactors pursuant to section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ), including strategies and guidance for— (i) staffing and operations; (ii) oversight and inspections; (iii) safeguards and security; (iv) emergency preparedness; (v) risk analysis methods, including alternatives to probabilistic risk assessments; (vi) decommissioning funding assurance methods that permit the use of design- and site-specific cost estimates; (vii) the transportation of fueled micro-reactors; and (viii) siting, including in relation to— (I) the population density criterion limit described in the policy issue paper on population-related siting considerations for advanced reactors dated May 8, 2020, and numbered SECY–20–0045; (II) licensing mobile deployment; and (III) environmental reviews; and (B) not later than 3 years after the date of enactment of this Act, implement, as appropriate, the strategies and guidance developed under subparagraph (A)— (i) within the existing regulatory framework; (ii) through the technology-inclusive, regulatory framework to be established under section 103(a)(4)(A) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ); or (iii) through a pending or new rulemaking. (2) Considerations \nIn developing and implementing strategies and guidance under paragraph (1), the Commission shall consider— (A) the unique characteristics of micro-reactors, including characteristics relating to— (i) physical size; (ii) design simplicity; and (iii) source term; (B) opportunities to address redundancies and inefficiencies; (C) opportunities to consolidate review phases and reduce transitions between review teams; (D) opportunities to establish integrated review teams to ensure continuity throughout the review process; and (E) other relevant considerations discussed in the policy issue paper on policy and licensing considerations related to micro-reactors dated October 6, 2020, and numbered SECY–20–0093. (3) Consultation \nIn carrying out paragraph (1), the Commission shall consult with— (A) the Secretary of Energy; (B) the heads of other Federal agencies, as appropriate; (C) micro-reactor technology developers; and (D) other stakeholders. (c) Expedited subsequent combined licenses \n(1) In general \nIn accordance with this subsection, the Nuclear Regulatory Commission (referred to in this subsection as the Commission ) shall establish and carry out an expedited procedure for issuing a combined license pursuant to section 185 b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2235 ). (2) Qualifications \nTo qualify for the expedited procedure under paragraph (1), an applicant— (A) shall submit a combined license application for a new nuclear reactor based off a previously licensed design; (B) shall propose to construct the new nuclear reactor on or adjacent to a site on which a nuclear reactor already operates or previously operated; and (C) may not be subject to an order of the Commission to suspend or revoke a license under section 2.202 of title 10, Code of Federal Regulations (or any successor regulation). (3) Expedited procedure \nWith respect to a combined license for which the applicant has satisfied the requirements described in paragraph (2), the Commission shall, to the maximum extent practicable— (A) not later than 1 year after the application is accepted for docketing, issue a draft environmental impact statement; (B) not later than 18 months after the application is accepted for docketing— (i) complete the technical review process; and (ii) issue a safety evaluation report and final environmental impact statement; (C) not later than 2 years after the application is accepted for docketing, complete any necessary public licensing hearings and related processes; and (D) not later than 25 months after the application is accepted for docketing, make a final decision on whether to issue the combined license. (4) Performance and reporting \n(A) Delays in issuance \nNot later than 30 days after the applicable deadline, the Executive Director for Operations of the Commission shall inform the Commission of any failure to meet a deadline under paragraph (3). (B) Delays in issuance exceeding 90 days \nIf any deadline under paragraph (3) is not met by the date that is 90 days after the applicable date required under such paragraph, the Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the delay, including a detailed explanation accounting for the delay and a plan for completion of the applicable action. (d) Pilot program for nuclear power purchase agreements \n(1) In general \nSubtitle B of title VI of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 782) is amended by adding at the end the following: 639A. Long-term nuclear power purchase agreement pilot program \n(a) Establishment \nThe Secretary may establish a pilot program under which the Secretary may enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an initial operating license is issued by the Nuclear Regulatory Commission after January 1, 2024. (b) Consultation \nIn establishing a pilot program under this section, the Secretary shall consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense. (c) Period of agreement \nNotwithstanding any other provision of law, an agreement entered into pursuant to this section to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years. (d) Priority \nIn carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power— (1) to high-value assets for national security purposes; or (2) for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as islanding power capabilities during an emergency. (e) Rates \nA long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d). (f) Advanced funding \nThe Secretary— (1) may not enter into any power purchase agreement under this section unless funds are specifically provided for such purposes in advance in appropriations Acts enacted after the date of enactment of this section; and (2) may only enter into such a power purchase agreement if the full extent of anticipated costs stemming from such agreement is recorded as an obligation up front and in full at the time such agreement is made.. (2) Table of contents \nThe table of contents of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 594) is amended by inserting after the item relating to section 639 the following: Sec. 639A. Long-term nuclear power purchase agreement pilot program..", "id": "H8024810162AE43F7BC9567116EAAC94A", "header": "Advanced nuclear deployment", "nested": [ { "text": "(a) Enabling preparations for advanced nuclear reactor demonstrations on Federal sites \n(1) In general \nSection 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) is further amended by adding at the end the following: (vi) Costs for— (I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019); and (II) pre-application activities relating to an early site permit (as so defined) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019).. (2) Effective date \nThe amendment made by paragraph (1) shall take effect on October 1, 2024.", "id": "H4F8B38EBF89244AC8E7F974BC3C5F50C", "header": "Enabling preparations for advanced nuclear reactor demonstrations on Federal sites", "nested": [], "links": [ { "text": "42 U.S.C. 2215(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "(b) Regulatory requirements for micro-reactors \n(1) Micro-Reactor licensing \nThe Nuclear Regulatory Commission (in this subsection referred to as the Commission ) shall— (A) not later than 18 months after the date of enactment of this Act, develop risk-informed and performance-based strategies and guidance to license and regulate micro-reactors pursuant to section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ), including strategies and guidance for— (i) staffing and operations; (ii) oversight and inspections; (iii) safeguards and security; (iv) emergency preparedness; (v) risk analysis methods, including alternatives to probabilistic risk assessments; (vi) decommissioning funding assurance methods that permit the use of design- and site-specific cost estimates; (vii) the transportation of fueled micro-reactors; and (viii) siting, including in relation to— (I) the population density criterion limit described in the policy issue paper on population-related siting considerations for advanced reactors dated May 8, 2020, and numbered SECY–20–0045; (II) licensing mobile deployment; and (III) environmental reviews; and (B) not later than 3 years after the date of enactment of this Act, implement, as appropriate, the strategies and guidance developed under subparagraph (A)— (i) within the existing regulatory framework; (ii) through the technology-inclusive, regulatory framework to be established under section 103(a)(4)(A) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ); or (iii) through a pending or new rulemaking. (2) Considerations \nIn developing and implementing strategies and guidance under paragraph (1), the Commission shall consider— (A) the unique characteristics of micro-reactors, including characteristics relating to— (i) physical size; (ii) design simplicity; and (iii) source term; (B) opportunities to address redundancies and inefficiencies; (C) opportunities to consolidate review phases and reduce transitions between review teams; (D) opportunities to establish integrated review teams to ensure continuity throughout the review process; and (E) other relevant considerations discussed in the policy issue paper on policy and licensing considerations related to micro-reactors dated October 6, 2020, and numbered SECY–20–0093. (3) Consultation \nIn carrying out paragraph (1), the Commission shall consult with— (A) the Secretary of Energy; (B) the heads of other Federal agencies, as appropriate; (C) micro-reactor technology developers; and (D) other stakeholders.", "id": "H99CA236BA3234D10B46F56EBFF85B210", "header": "Regulatory requirements for micro-reactors", "nested": [], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" } ] }, { "text": "(c) Expedited subsequent combined licenses \n(1) In general \nIn accordance with this subsection, the Nuclear Regulatory Commission (referred to in this subsection as the Commission ) shall establish and carry out an expedited procedure for issuing a combined license pursuant to section 185 b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2235 ). (2) Qualifications \nTo qualify for the expedited procedure under paragraph (1), an applicant— (A) shall submit a combined license application for a new nuclear reactor based off a previously licensed design; (B) shall propose to construct the new nuclear reactor on or adjacent to a site on which a nuclear reactor already operates or previously operated; and (C) may not be subject to an order of the Commission to suspend or revoke a license under section 2.202 of title 10, Code of Federal Regulations (or any successor regulation). (3) Expedited procedure \nWith respect to a combined license for which the applicant has satisfied the requirements described in paragraph (2), the Commission shall, to the maximum extent practicable— (A) not later than 1 year after the application is accepted for docketing, issue a draft environmental impact statement; (B) not later than 18 months after the application is accepted for docketing— (i) complete the technical review process; and (ii) issue a safety evaluation report and final environmental impact statement; (C) not later than 2 years after the application is accepted for docketing, complete any necessary public licensing hearings and related processes; and (D) not later than 25 months after the application is accepted for docketing, make a final decision on whether to issue the combined license. (4) Performance and reporting \n(A) Delays in issuance \nNot later than 30 days after the applicable deadline, the Executive Director for Operations of the Commission shall inform the Commission of any failure to meet a deadline under paragraph (3). (B) Delays in issuance exceeding 90 days \nIf any deadline under paragraph (3) is not met by the date that is 90 days after the applicable date required under such paragraph, the Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the delay, including a detailed explanation accounting for the delay and a plan for completion of the applicable action.", "id": "HF79EAB5178964C409B4D73CE0A37238A", "header": "Expedited subsequent combined licenses", "nested": [], "links": [ { "text": "42 U.S.C. 2235", "legal-doc": "usc", "parsable-cite": "usc/42/2235" } ] }, { "text": "(d) Pilot program for nuclear power purchase agreements \n(1) In general \nSubtitle B of title VI of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 782) is amended by adding at the end the following: 639A. Long-term nuclear power purchase agreement pilot program \n(a) Establishment \nThe Secretary may establish a pilot program under which the Secretary may enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an initial operating license is issued by the Nuclear Regulatory Commission after January 1, 2024. (b) Consultation \nIn establishing a pilot program under this section, the Secretary shall consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense. (c) Period of agreement \nNotwithstanding any other provision of law, an agreement entered into pursuant to this section to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years. (d) Priority \nIn carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power— (1) to high-value assets for national security purposes; or (2) for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as islanding power capabilities during an emergency. (e) Rates \nA long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d). (f) Advanced funding \nThe Secretary— (1) may not enter into any power purchase agreement under this section unless funds are specifically provided for such purposes in advance in appropriations Acts enacted after the date of enactment of this section; and (2) may only enter into such a power purchase agreement if the full extent of anticipated costs stemming from such agreement is recorded as an obligation up front and in full at the time such agreement is made.. (2) Table of contents \nThe table of contents of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 594) is amended by inserting after the item relating to section 639 the following: Sec. 639A. Long-term nuclear power purchase agreement pilot program..", "id": "HBA146E1F8F2743108284605B4462A722", "header": "Pilot program for nuclear power purchase agreements", "nested": [], "links": [ { "text": "Public Law 109–58", "legal-doc": "public-law", "parsable-cite": "pl/109/58" }, { "text": "Public Law 109–58", "legal-doc": "public-law", "parsable-cite": "pl/109/58" } ] } ], "links": [ { "text": "42 U.S.C. 2215(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2235", "legal-doc": "usc", "parsable-cite": "usc/42/2235" }, { "text": "Public Law 109–58", "legal-doc": "public-law", "parsable-cite": "pl/109/58" }, { "text": "Public Law 109–58", "legal-doc": "public-law", "parsable-cite": "pl/109/58" } ] }, { "text": "639A. Long-term nuclear power purchase agreement pilot program \n(a) Establishment \nThe Secretary may establish a pilot program under which the Secretary may enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an initial operating license is issued by the Nuclear Regulatory Commission after January 1, 2024. (b) Consultation \nIn establishing a pilot program under this section, the Secretary shall consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense. (c) Period of agreement \nNotwithstanding any other provision of law, an agreement entered into pursuant to this section to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years. (d) Priority \nIn carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power— (1) to high-value assets for national security purposes; or (2) for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as islanding power capabilities during an emergency. (e) Rates \nA long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d). (f) Advanced funding \nThe Secretary— (1) may not enter into any power purchase agreement under this section unless funds are specifically provided for such purposes in advance in appropriations Acts enacted after the date of enactment of this section; and (2) may only enter into such a power purchase agreement if the full extent of anticipated costs stemming from such agreement is recorded as an obligation up front and in full at the time such agreement is made.", "id": "H9EFB2C6B0C6D4BAABE13E2F3A11B99F6", "header": "Long-term nuclear power purchase agreement pilot program", "nested": [ { "text": "(a) Establishment \nThe Secretary may establish a pilot program under which the Secretary may enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an initial operating license is issued by the Nuclear Regulatory Commission after January 1, 2024.", "id": "H00715744F4024544AC96FA9BD8B5E63F", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Consultation \nIn establishing a pilot program under this section, the Secretary shall consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense.", "id": "H89786CDC3F9041A597C0BD6CCBBA552F", "header": "Consultation", "nested": [], "links": [] }, { "text": "(c) Period of agreement \nNotwithstanding any other provision of law, an agreement entered into pursuant to this section to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years.", "id": "H03F90923A8BD45B18A7416AD99F7D02A", "header": "Period of agreement", "nested": [], "links": [] }, { "text": "(d) Priority \nIn carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power— (1) to high-value assets for national security purposes; or (2) for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as islanding power capabilities during an emergency.", "id": "H43F659873D084F6BAFF5866C8A126225", "header": "Priority", "nested": [], "links": [] }, { "text": "(e) Rates \nA long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d).", "id": "H64A80F9BDD274A8D9CD754A43D30803B", "header": "Rates", "nested": [], "links": [] }, { "text": "(f) Advanced funding \nThe Secretary— (1) may not enter into any power purchase agreement under this section unless funds are specifically provided for such purposes in advance in appropriations Acts enacted after the date of enactment of this section; and (2) may only enter into such a power purchase agreement if the full extent of anticipated costs stemming from such agreement is recorded as an obligation up front and in full at the time such agreement is made.", "id": "H9E5B6029C48E4780BDC1E289F123A0EE", "header": "Advanced funding", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Global nuclear cooperation \n(a) Global nuclear energy assessment study \n(1) Study required \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commission, shall conduct a study on the global status of— (A) the civilian nuclear energy industry; and (B) the supply chains of the civilian nuclear energy industry. (2) Contents \nThe study conducted under paragraph (1) shall include— (A) information on the status of the civilian nuclear energy industry, the long-term risks to such industry, and the basis for such risks; (B) information on how the use of the civilian nuclear energy industry, relative to other types of energy industries, can reduce the emission of criteria pollutants and carbon dioxide; (C) information on the role the United States civilian nuclear energy industry plays in United States foreign policy; (D) information on the importance of the United States civilian nuclear energy industry to countries that are allied to the United States; (E) information on how the United States may collaborate with such countries in developing, deploying, and investing in nuclear technology; (F) information on how foreign countries use nuclear energy when crafting and implementing their own foreign policy, including such use by foreign countries that are strategic competitors; (G) an evaluation of how nuclear nonproliferation and security efforts and nuclear energy safety are affected by the involvement of the United States in— (i) international markets; and (ii) setting civilian nuclear energy industry standards; (H) an evaluation of how industries in the United States, other than the civilian nuclear energy industry, benefit from the generation of electricity by nuclear power plants; (I) information on utilities and companies in the United States that are involved in the civilian nuclear energy supply chain, including, with respect to such utilities and companies— (i) financial challenges; (ii) nuclear liability issues; (iii) foreign strategic competition; and (iv) risks to continued operation; and (J) recommendations for how the United States may— (i) develop a national strategy to increase the role nuclear energy plays in diplomacy and strategic energy policy; (ii) develop a strategy to mitigate foreign competitor’s utilization of their civilian nuclear energy industries in diplomacy; (iii) align its nuclear energy policy with national security objectives; and (iv) remove regulatory barriers to the development of the United States civilian nuclear energy supply chain. (3) Report to Congress \nNot later than 6 months after the study is conducted under paragraph (1), the Secretary of Energy shall submit to the appropriate committees of Congress a report, including a classified annex as necessary, on the results of such study. (b) Program to train and share expertise \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State and the Commission, shall develop and carry out a program under which the Secretary of Energy shall train foreign nuclear energy experts and standardize practices. (2) Requirements \nIn carrying out the program developed under paragraph (1), the Secretary of Energy shall— (A) issue guidance for best safety practices in the global civilian nuclear energy industry based on practices established in the United States; (B) train foreign nuclear energy experts on the operation and safety and security practices used by the United States civilian nuclear energy industry; (C) review global supply chain risks for foreign civilian nuclear energy industries; (D) identify weaknesses and concerns found in foreign civilian nuclear energy industries; and (E) establish partnerships with foreign countries that have developed or are developing civilian nuclear energy industries. (3) Foreign nuclear energy expert \nIn this subsection, the term foreign nuclear energy expert does not include a person who is from a country— (A) in which intellectual property theft is legal; (B) that takes actions to undermine the civilian nuclear energy industry or other critical industries of the United States; or (C) which the Secretary of Energy determines is inimical to the interest of the United States. (c) International nuclear reactor export and innovation activities \n(1) Coordination \nThe Commission shall— (A) coordinate all work of the Commission relating to— (i) issuing a license for the import or export of a nuclear reactor under section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ); and (ii) international regulatory cooperation and assistance relating to nuclear reactors; and (B) support— (i) the consideration of international technical standards to assist the design, licensing, and construction of advanced nuclear systems; (ii) efforts to help build competent nuclear regulatory organizations and legal frameworks in foreign countries that are seeking to develop civilian nuclear energy industries; and (iii) exchange programs and training provided in coordination with the Secretary of State to foreign countries relating to civilian nuclear energy industry regulation and oversight to improve nuclear technology licensing. (2) Consultation \nIn supporting exchange programs and training under paragraph (1)(B)(iii), the Commission shall consult with— (A) the Secretary of Energy; (B) the Secretary of State; (C) the National Laboratories; (D) the private sector; and (E) institutions of higher education. (3) Nuclear Reactor Export and Innovation Branch \nThe Commission may establish within the Office of International Programs of the Commission a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out the nuclear reactor export and innovation activities described in paragraph (1) as the Commission determines appropriate. (4) Exclusion of international activities from the fee base \n(A) In general \nSection 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— (i) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities \nThe Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in section 202(c)(1) of the Atomic Energy Advancement Act. ; and (ii) in subsection (b)(1)(B), as amended by the preceding provisions of this Act, by adding at the end the following: (vii) Costs for international nuclear reactor export and innovation activities described in section 202(c)(1) of the Atomic Energy Advancement Act.. (B) Effective date \nThe amendments made by subparagraph (A) shall take effect on October 1, 2024. (d) Denial of certain domestic licenses for national security purposes \n(1) Definition of covered fuel \nIn this subsection, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— (A) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (2) Prohibition on unlicensed possession or ownership of covered fuel \nUnless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), no person subject to the jurisdiction of the Commission may possess or own covered fuel. (3) License To possess or own covered fuel \n(A) Consultation required prior to issuance \nThe Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license. (B) Prohibition on issuance of license \n(i) In general \nSubject to clause (iii), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in clause (ii). (ii) Determination \n(I) In general \nThe determination referred to in clause (i) is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. (II) Joint determination \nA determination described in subclause (I) shall be jointly made by the Secretary of Energy and the Secretary of State. (III) Timeline \n(aa) Notice of application \nNot later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (bb) Determination \nThe Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under item (aa) of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I). (cc) Commission notification \nOn making the determination described in subclause (I), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. (dd) Congressional notification \nNot later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under item (cc), the Commission shall notify the appropriate committees of Congress of the determination. (ee) Public notice \nNot later than 15 days after the date on which the Commission notifies Congress under item (dd) of a determination made under subclause (I), the Commission shall make that determination publicly available. (iii) Effect of no determination \nThe prohibition described in clause (i) shall not apply if the Secretary of Energy and the Secretary of State do not make the determination described in clause (ii) by the date described in subclause (III)(bb) of that clause. (e) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means each of the following: (A) The Committee on Energy and Commerce of the House of Representatives. (B) The Committee on Foreign Affairs of the House of Representatives. (C) The Committee on Environment and Public Works of the Senate. (D) The Committee on Energy and Natural Resources of the Senate. (E) The Committee on Foreign Relations of the Senate. (2) Commission \nThe term Commission means the Nuclear Regulatory Commission.", "id": "H00B7E831EFE9489D90E4C82B0EE3B34A", "header": "Global nuclear cooperation", "nested": [ { "text": "(a) Global nuclear energy assessment study \n(1) Study required \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commission, shall conduct a study on the global status of— (A) the civilian nuclear energy industry; and (B) the supply chains of the civilian nuclear energy industry. (2) Contents \nThe study conducted under paragraph (1) shall include— (A) information on the status of the civilian nuclear energy industry, the long-term risks to such industry, and the basis for such risks; (B) information on how the use of the civilian nuclear energy industry, relative to other types of energy industries, can reduce the emission of criteria pollutants and carbon dioxide; (C) information on the role the United States civilian nuclear energy industry plays in United States foreign policy; (D) information on the importance of the United States civilian nuclear energy industry to countries that are allied to the United States; (E) information on how the United States may collaborate with such countries in developing, deploying, and investing in nuclear technology; (F) information on how foreign countries use nuclear energy when crafting and implementing their own foreign policy, including such use by foreign countries that are strategic competitors; (G) an evaluation of how nuclear nonproliferation and security efforts and nuclear energy safety are affected by the involvement of the United States in— (i) international markets; and (ii) setting civilian nuclear energy industry standards; (H) an evaluation of how industries in the United States, other than the civilian nuclear energy industry, benefit from the generation of electricity by nuclear power plants; (I) information on utilities and companies in the United States that are involved in the civilian nuclear energy supply chain, including, with respect to such utilities and companies— (i) financial challenges; (ii) nuclear liability issues; (iii) foreign strategic competition; and (iv) risks to continued operation; and (J) recommendations for how the United States may— (i) develop a national strategy to increase the role nuclear energy plays in diplomacy and strategic energy policy; (ii) develop a strategy to mitigate foreign competitor’s utilization of their civilian nuclear energy industries in diplomacy; (iii) align its nuclear energy policy with national security objectives; and (iv) remove regulatory barriers to the development of the United States civilian nuclear energy supply chain. (3) Report to Congress \nNot later than 6 months after the study is conducted under paragraph (1), the Secretary of Energy shall submit to the appropriate committees of Congress a report, including a classified annex as necessary, on the results of such study.", "id": "H3EAA570933A548CCB0B138FD6E2F4ADB", "header": "Global nuclear energy assessment study", "nested": [], "links": [] }, { "text": "(b) Program to train and share expertise \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State and the Commission, shall develop and carry out a program under which the Secretary of Energy shall train foreign nuclear energy experts and standardize practices. (2) Requirements \nIn carrying out the program developed under paragraph (1), the Secretary of Energy shall— (A) issue guidance for best safety practices in the global civilian nuclear energy industry based on practices established in the United States; (B) train foreign nuclear energy experts on the operation and safety and security practices used by the United States civilian nuclear energy industry; (C) review global supply chain risks for foreign civilian nuclear energy industries; (D) identify weaknesses and concerns found in foreign civilian nuclear energy industries; and (E) establish partnerships with foreign countries that have developed or are developing civilian nuclear energy industries. (3) Foreign nuclear energy expert \nIn this subsection, the term foreign nuclear energy expert does not include a person who is from a country— (A) in which intellectual property theft is legal; (B) that takes actions to undermine the civilian nuclear energy industry or other critical industries of the United States; or (C) which the Secretary of Energy determines is inimical to the interest of the United States.", "id": "H8AF3281D7F0444C4B8310D6B9C0FCD50", "header": "Program to train and share expertise", "nested": [], "links": [] }, { "text": "(c) International nuclear reactor export and innovation activities \n(1) Coordination \nThe Commission shall— (A) coordinate all work of the Commission relating to— (i) issuing a license for the import or export of a nuclear reactor under section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ); and (ii) international regulatory cooperation and assistance relating to nuclear reactors; and (B) support— (i) the consideration of international technical standards to assist the design, licensing, and construction of advanced nuclear systems; (ii) efforts to help build competent nuclear regulatory organizations and legal frameworks in foreign countries that are seeking to develop civilian nuclear energy industries; and (iii) exchange programs and training provided in coordination with the Secretary of State to foreign countries relating to civilian nuclear energy industry regulation and oversight to improve nuclear technology licensing. (2) Consultation \nIn supporting exchange programs and training under paragraph (1)(B)(iii), the Commission shall consult with— (A) the Secretary of Energy; (B) the Secretary of State; (C) the National Laboratories; (D) the private sector; and (E) institutions of higher education. (3) Nuclear Reactor Export and Innovation Branch \nThe Commission may establish within the Office of International Programs of the Commission a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out the nuclear reactor export and innovation activities described in paragraph (1) as the Commission determines appropriate. (4) Exclusion of international activities from the fee base \n(A) In general \nSection 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— (i) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities \nThe Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in section 202(c)(1) of the Atomic Energy Advancement Act. ; and (ii) in subsection (b)(1)(B), as amended by the preceding provisions of this Act, by adding at the end the following: (vii) Costs for international nuclear reactor export and innovation activities described in section 202(c)(1) of the Atomic Energy Advancement Act.. (B) Effective date \nThe amendments made by subparagraph (A) shall take effect on October 1, 2024.", "id": "H43E4EE4C294940A1A62C181BC84FA061", "header": "International nuclear reactor export and innovation activities", "nested": [], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" } ] }, { "text": "(d) Denial of certain domestic licenses for national security purposes \n(1) Definition of covered fuel \nIn this subsection, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— (A) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (2) Prohibition on unlicensed possession or ownership of covered fuel \nUnless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), no person subject to the jurisdiction of the Commission may possess or own covered fuel. (3) License To possess or own covered fuel \n(A) Consultation required prior to issuance \nThe Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license. (B) Prohibition on issuance of license \n(i) In general \nSubject to clause (iii), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in clause (ii). (ii) Determination \n(I) In general \nThe determination referred to in clause (i) is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. (II) Joint determination \nA determination described in subclause (I) shall be jointly made by the Secretary of Energy and the Secretary of State. (III) Timeline \n(aa) Notice of application \nNot later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (bb) Determination \nThe Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under item (aa) of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I). (cc) Commission notification \nOn making the determination described in subclause (I), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. (dd) Congressional notification \nNot later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under item (cc), the Commission shall notify the appropriate committees of Congress of the determination. (ee) Public notice \nNot later than 15 days after the date on which the Commission notifies Congress under item (dd) of a determination made under subclause (I), the Commission shall make that determination publicly available. (iii) Effect of no determination \nThe prohibition described in clause (i) shall not apply if the Secretary of Energy and the Secretary of State do not make the determination described in clause (ii) by the date described in subclause (III)(bb) of that clause.", "id": "H77DA1DB9D2A24E55B51C5BC724F2E25D", "header": "Denial of certain domestic licenses for national security purposes", "nested": [], "links": [ { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" }, { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" } ] }, { "text": "(e) Definitions \nIn this section: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means each of the following: (A) The Committee on Energy and Commerce of the House of Representatives. (B) The Committee on Foreign Affairs of the House of Representatives. (C) The Committee on Environment and Public Works of the Senate. (D) The Committee on Energy and Natural Resources of the Senate. (E) The Committee on Foreign Relations of the Senate. (2) Commission \nThe term Commission means the Nuclear Regulatory Commission.", "id": "H3D373EB3E42C4392A300BB9A48300FF6", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2215", "legal-doc": "usc", "parsable-cite": "usc/42/2215" }, { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" }, { "text": "42 U.S.C. 2073", "legal-doc": "usc", "parsable-cite": "usc/42/2073" } ] }, { "text": "203. American nuclear competitiveness \n(a) Process for review and amendment of part 810 generally authorized destinations \n(1) Identification and evaluation of factors \nNot later than 90 days after the date of enactment of this Act, the Secretary of Energy, with the concurrence of the Secretary of State, shall identify and evaluate factors, other than agreements for cooperation entered into in accordance with section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ), that may be used to determine a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and to list such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations. (2) Process update \nThe Secretary of Energy shall review and, as appropriate, update the Department of Energy’s process for determining a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and for listing such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations, taking into consideration, and, as appropriate, incorporating factors identified and evaluated under paragraph (1). (3) Revisions to list \nNot later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary of Energy shall, in accordance with any process updated pursuant to this subsection, review the list in Appendix A to part 810 of title 10, Code of Federal Regulations, and amend such list as appropriate. (b) Licensing domestic nuclear projects in which United States allies invest \n(1) In general \nThe prohibitions against issuing certain licenses for utilization facilities to certain aliens, corporations, and other entities described in the second sentence of section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) and the second sentence of section 104 d. of that Act ( 42 U.S.C. 2134(d) ) shall not apply to an entity described in paragraph (2) of this subsection if the Nuclear Regulatory Commission determines that issuance of the applicable license to that entity is not inimical to— (A) the common defense and security; or (B) the health and safety of the public. (2) Entities described \n(A) In general \nAn entity referred to in paragraph (1) is an alien, corporation, or other entity that is owned, controlled, or dominated by— (i) the government of— (I) a country, other than a country described in subparagraph (B), that is a member of the Organization for Economic Co-operation and Development on the date of enactment of this Act; or (II) the Republic of India; (ii) a corporation that is incorporated in a country described in subclause (I) or (II) of clause (i); or (iii) an alien who is a citizen or national of a country described in subclause (I) or (II) of clause (i). (B) Exclusion \nA country described in this subparagraph is a country— (i) any department, agency, or instrumentality of the government of which, on the date of enactment of this Act, is subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ); or (ii) any citizen, national, or entity of which, as of the date of enactment of this Act, is included on the List of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to sanctions imposed under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ). (3) Technical amendment \nSection 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) is amended, in the second sentence, by striking any any and inserting any. (4) Savings clause \nNothing in this subsection affects the requirements of section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ). (c) Licensing considerations relating to use of nuclear energy for nonelectric applications \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection referred to as the Commission ) shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report addressing any unique licensing issues or requirements relating to— (A) the flexible operation of advanced nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; (B) the use of advanced nuclear reactors exclusively for nonelectric applications; and (C) the collocation of advanced nuclear reactors with industrial plants or other facilities. (2) Stakeholder input \nIn developing the report under paragraph (1), the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) technology developers; (D) the industrial, chemical, and medical sectors; (E) nongovernmental organizations; and (F) other public stakeholders. (3) Contents \nThe report under paragraph (1) shall describe— (A) any unique licensing issues or requirements relating to the matters described in subparagraphs (A) through (C) of paragraph (1), including, with respect to the nonelectric applications referred to in subparagraphs (A) and (B) of that paragraph, any licensing issues or requirements relating to the use of nuclear energy— (i) for hydrogen or other liquid and gaseous fuel or chemical production; (ii) for water desalination and wastewater treatment; (iii) for heat used in industrial processes; (iv) for district heating; (v) in relation to energy storage; (vi) for industrial or medical isotope production; and (vii) other applications, as identified by the Commission; (B) options for addressing such issues or requirements— (i) within the existing regulatory framework; (ii) through the technology-inclusive, regulatory framework to be established under section 103(a)(4)(A) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ); or (iii) through a new rulemaking; (C) the extent to which Commission action is needed to implement any matter described in the report; and (D) cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for licensing advanced nuclear reactors for nonelectric applications. (d) Report on advanced methods of manufacturing and construction for nuclear energy projects \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection referred to as the Commission ) shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on advanced methods of manufacturing and construction for nuclear energy projects. (2) Stakeholder input \nIn developing the report under paragraph (1), the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) the National Laboratories; (D) institutions of higher education; (E) nuclear and manufacturing technology developers; (F) the manufacturing and construction industries; (G) standards development organizations; (H) labor unions; (I) nongovernmental organizations; and (J) other public stakeholders. (3) Contents \n(A) In general \nThe report under paragraph (1) shall— (i) examine any unique licensing issues or requirements relating to the use, for nuclear energy projects, of— (I) advanced manufacturing techniques; and (II) advanced construction techniques; (ii) examine— (I) the requirements for nuclear-grade components in manufacturing and construction for nuclear energy projects; (II) opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; and (III) opportunities to use standard materials that are in compliance with existing codes and standards to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes or standards; (iii) identify safety aspects of advanced manufacturing processes and advanced construction techniques that are not addressed by existing codes and standards, so that generic guidance for nuclear energy projects may be updated or created as necessary by the Commission; (iv) identify options for addressing the issues, requirements, and opportunities examined under clauses (i) and (ii)— (I) within the existing regulatory framework; or (II) through a new rulemaking; and (v) describe the extent to which Commission action is needed to implement any matter described in the report. (B) Cost estimates, budgets, and timeframes \nThe report under paragraph (1) shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for advanced manufacturing and construction for nuclear energy projects. (e) Extension of the Price-Anderson Act \n(1) Extension \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2025 each place it appears and inserting December 31, 2065. (2) Liability \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended— (A) in subsection d. (5), by striking $500,000,000 and inserting $2,000,000,000 ; and (B) in subsection e. (4), by striking $500,000,000 and inserting $2,000,000,000. (3) Report \nSection 170 p. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(p) ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2021 and inserting December 31, 2061. (4) Definition of nuclear incident \nSection 11 q. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(q) ) is amended, in the second proviso, by striking if such occurrence and all that follows through United States: and inserting a colon. (f) Risk pooling program assessment \n(1) Report \nNot later than 1 year after the date of enactment of this Act, the Comptroller General shall carry out a review of, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on, the Secretary of Energy’s actions with respect to the program described in section 934(e) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17373(e) ). (2) Contents \nThe report described in paragraph (1) shall include— (A) an evaluation of the Secretary of Energy’s actions to determine the risk-informed assessment formula under section 934(e)(2)(C) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17373(e)(2)(C) ); and (B) a review of the Secretary of Energy’s methodology to collect information to determine and implement the formula.", "id": "H3090A5653EB44931937C5C1FA4EA36AA", "header": "American nuclear competitiveness", "nested": [ { "text": "(a) Process for review and amendment of part 810 generally authorized destinations \n(1) Identification and evaluation of factors \nNot later than 90 days after the date of enactment of this Act, the Secretary of Energy, with the concurrence of the Secretary of State, shall identify and evaluate factors, other than agreements for cooperation entered into in accordance with section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ), that may be used to determine a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and to list such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations. (2) Process update \nThe Secretary of Energy shall review and, as appropriate, update the Department of Energy’s process for determining a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and for listing such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations, taking into consideration, and, as appropriate, incorporating factors identified and evaluated under paragraph (1). (3) Revisions to list \nNot later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary of Energy shall, in accordance with any process updated pursuant to this subsection, review the list in Appendix A to part 810 of title 10, Code of Federal Regulations, and amend such list as appropriate.", "id": "H1003C3F64A7C4EC8B429D54363FFEDD4", "header": "Process for review and amendment of part 810 generally authorized destinations", "nested": [], "links": [ { "text": "42 U.S.C. 2153", "legal-doc": "usc", "parsable-cite": "usc/42/2153" } ] }, { "text": "(b) Licensing domestic nuclear projects in which United States allies invest \n(1) In general \nThe prohibitions against issuing certain licenses for utilization facilities to certain aliens, corporations, and other entities described in the second sentence of section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) and the second sentence of section 104 d. of that Act ( 42 U.S.C. 2134(d) ) shall not apply to an entity described in paragraph (2) of this subsection if the Nuclear Regulatory Commission determines that issuance of the applicable license to that entity is not inimical to— (A) the common defense and security; or (B) the health and safety of the public. (2) Entities described \n(A) In general \nAn entity referred to in paragraph (1) is an alien, corporation, or other entity that is owned, controlled, or dominated by— (i) the government of— (I) a country, other than a country described in subparagraph (B), that is a member of the Organization for Economic Co-operation and Development on the date of enactment of this Act; or (II) the Republic of India; (ii) a corporation that is incorporated in a country described in subclause (I) or (II) of clause (i); or (iii) an alien who is a citizen or national of a country described in subclause (I) or (II) of clause (i). (B) Exclusion \nA country described in this subparagraph is a country— (i) any department, agency, or instrumentality of the government of which, on the date of enactment of this Act, is subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ); or (ii) any citizen, national, or entity of which, as of the date of enactment of this Act, is included on the List of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to sanctions imposed under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ). (3) Technical amendment \nSection 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) is amended, in the second sentence, by striking any any and inserting any. (4) Savings clause \nNothing in this subsection affects the requirements of section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ).", "id": "H4FFEEFC1139A4A1DA702946B9B65BD9E", "header": "Licensing domestic nuclear projects in which United States allies invest", "nested": [], "links": [ { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2134(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" }, { "text": "22 U.S.C. 9525", "legal-doc": "usc", "parsable-cite": "usc/22/9525" }, { "text": "22 U.S.C. 9525", "legal-doc": "usc", "parsable-cite": "usc/22/9525" }, { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "50 U.S.C. 4565", "legal-doc": "usc", "parsable-cite": "usc/50/4565" } ] }, { "text": "(c) Licensing considerations relating to use of nuclear energy for nonelectric applications \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection referred to as the Commission ) shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report addressing any unique licensing issues or requirements relating to— (A) the flexible operation of advanced nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; (B) the use of advanced nuclear reactors exclusively for nonelectric applications; and (C) the collocation of advanced nuclear reactors with industrial plants or other facilities. (2) Stakeholder input \nIn developing the report under paragraph (1), the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) technology developers; (D) the industrial, chemical, and medical sectors; (E) nongovernmental organizations; and (F) other public stakeholders. (3) Contents \nThe report under paragraph (1) shall describe— (A) any unique licensing issues or requirements relating to the matters described in subparagraphs (A) through (C) of paragraph (1), including, with respect to the nonelectric applications referred to in subparagraphs (A) and (B) of that paragraph, any licensing issues or requirements relating to the use of nuclear energy— (i) for hydrogen or other liquid and gaseous fuel or chemical production; (ii) for water desalination and wastewater treatment; (iii) for heat used in industrial processes; (iv) for district heating; (v) in relation to energy storage; (vi) for industrial or medical isotope production; and (vii) other applications, as identified by the Commission; (B) options for addressing such issues or requirements— (i) within the existing regulatory framework; (ii) through the technology-inclusive, regulatory framework to be established under section 103(a)(4)(A) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ); or (iii) through a new rulemaking; (C) the extent to which Commission action is needed to implement any matter described in the report; and (D) cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for licensing advanced nuclear reactors for nonelectric applications.", "id": "H4F573504679849C29825F377A9678EAF", "header": "Licensing considerations relating to use of nuclear energy for nonelectric applications", "nested": [], "links": [ { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" } ] }, { "text": "(d) Report on advanced methods of manufacturing and construction for nuclear energy projects \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection referred to as the Commission ) shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on advanced methods of manufacturing and construction for nuclear energy projects. (2) Stakeholder input \nIn developing the report under paragraph (1), the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) the National Laboratories; (D) institutions of higher education; (E) nuclear and manufacturing technology developers; (F) the manufacturing and construction industries; (G) standards development organizations; (H) labor unions; (I) nongovernmental organizations; and (J) other public stakeholders. (3) Contents \n(A) In general \nThe report under paragraph (1) shall— (i) examine any unique licensing issues or requirements relating to the use, for nuclear energy projects, of— (I) advanced manufacturing techniques; and (II) advanced construction techniques; (ii) examine— (I) the requirements for nuclear-grade components in manufacturing and construction for nuclear energy projects; (II) opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; and (III) opportunities to use standard materials that are in compliance with existing codes and standards to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes or standards; (iii) identify safety aspects of advanced manufacturing processes and advanced construction techniques that are not addressed by existing codes and standards, so that generic guidance for nuclear energy projects may be updated or created as necessary by the Commission; (iv) identify options for addressing the issues, requirements, and opportunities examined under clauses (i) and (ii)— (I) within the existing regulatory framework; or (II) through a new rulemaking; and (v) describe the extent to which Commission action is needed to implement any matter described in the report. (B) Cost estimates, budgets, and timeframes \nThe report under paragraph (1) shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for advanced manufacturing and construction for nuclear energy projects.", "id": "H4F161552F2564BF0961520DDAEA5EAB2", "header": "Report on advanced methods of manufacturing and construction for nuclear energy projects", "nested": [], "links": [] }, { "text": "(e) Extension of the Price-Anderson Act \n(1) Extension \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2025 each place it appears and inserting December 31, 2065. (2) Liability \nSection 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended— (A) in subsection d. (5), by striking $500,000,000 and inserting $2,000,000,000 ; and (B) in subsection e. (4), by striking $500,000,000 and inserting $2,000,000,000. (3) Report \nSection 170 p. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(p) ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2021 and inserting December 31, 2061. (4) Definition of nuclear incident \nSection 11 q. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(q) ) is amended, in the second proviso, by striking if such occurrence and all that follows through United States: and inserting a colon.", "id": "HE31AFB6FA37F41928EBA5C5F0CE179A8", "header": "Extension of the Price-Anderson Act", "nested": [], "links": [ { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210(p)", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2014(q)", "legal-doc": "usc", "parsable-cite": "usc/42/2014" } ] }, { "text": "(f) Risk pooling program assessment \n(1) Report \nNot later than 1 year after the date of enactment of this Act, the Comptroller General shall carry out a review of, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on, the Secretary of Energy’s actions with respect to the program described in section 934(e) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17373(e) ). (2) Contents \nThe report described in paragraph (1) shall include— (A) an evaluation of the Secretary of Energy’s actions to determine the risk-informed assessment formula under section 934(e)(2)(C) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17373(e)(2)(C) ); and (B) a review of the Secretary of Energy’s methodology to collect information to determine and implement the formula.", "id": "H04DC4BBEC2EE43A1ADD38E5E79A23EB8", "header": "Risk pooling program assessment", "nested": [], "links": [ { "text": "42 U.S.C. 17373(e)", "legal-doc": "usc", "parsable-cite": "usc/42/17373" }, { "text": "42 U.S.C. 17373(e)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/17373" } ] } ], "links": [ { "text": "42 U.S.C. 2153", "legal-doc": "usc", "parsable-cite": "usc/42/2153" }, { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "42 U.S.C. 2134(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2134" }, { "text": "22 U.S.C. 9525", "legal-doc": "usc", "parsable-cite": "usc/22/9525" }, { "text": "22 U.S.C. 9525", "legal-doc": "usc", "parsable-cite": "usc/22/9525" }, { "text": "42 U.S.C. 2133(d)", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "50 U.S.C. 4565", "legal-doc": "usc", "parsable-cite": "usc/50/4565" }, { "text": "42 U.S.C. 2133", "legal-doc": "usc", "parsable-cite": "usc/42/2133" }, { "text": "Public Law 115–439", "legal-doc": "public-law", "parsable-cite": "pl/115/439" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2210(p)", "legal-doc": "usc", "parsable-cite": "usc/42/2210" }, { "text": "42 U.S.C. 2014(q)", "legal-doc": "usc", "parsable-cite": "usc/42/2014" }, { "text": "42 U.S.C. 17373(e)", "legal-doc": "usc", "parsable-cite": "usc/42/17373" }, { "text": "42 U.S.C. 17373(e)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/17373" } ] } ]
14
1. Short title; table of contents (a) Short title This Act may be cited as the Atomic Energy Advancement Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Nuclear Regulatory Commission Subtitle A—Efficiency, Performance, and Preparation for the Future Sec. 101. NRC mission alignment. Sec. 102. Nuclear licensing efficiency. Sec. 103. Strengthening the NRC workforce. Subtitle B—Fee Reduction Sec. 111. Advanced reactor fee reduction. Sec. 112. Advanced nuclear reactor prize. Subtitle C—Siting, Licensing, and Oversight Reviews Sec. 121. Modernization of nuclear reactor environmental reviews. Sec. 122. Nuclear for Brownfield sites. Sec. 123. Advancement of nuclear regulatory oversight. Title II—Nuclear Technology Deployment Sec. 201. Advanced nuclear deployment. Sec. 202. Global nuclear cooperation. Sec. 203. American nuclear competitiveness. 101. NRC mission alignment (a) Mission of the Commission (1) Update Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall, while remaining consistent with the policies of the Atomic Energy Act of 1954 (including to provide reasonable assurance of adequate protection of the public health and safety, to promote the common defense and security, and to protect the environment), update the mission statement of the Commission to include that licensing and regulation of nuclear energy activities be conducted in a manner that is efficient and does not unnecessarily limit— (A) the potential of nuclear energy to improve the general welfare; and (B) the benefits of nuclear energy technology to society. (2) Report Upon completion of the update to the mission statement required under paragraph (1), the Nuclear Regulatory Commission shall submit to Congress a report that describes— (A) the updated mission statement; and (B) the guidance that the Nuclear Regulatory Commission will provide to staff of the Nuclear Regulatory Commission to ensure effective performance of such mission. (b) Office of Nuclear Reactor Regulation Section 203 of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5843 ) is amended— (1) in subsection (a), by striking (a) There and inserting the following: (a) Establishment; appointment of director There ; (2) in subsection (b)— (A) in the matter preceding paragraph (1)— (i) by striking (b) Subject and inserting the following: (b) Functions of director Subject ; and (ii) by striking delegate including: and inserting delegate, including the following: ; and (B) in paragraph (3), by striking for the discharge of the and inserting to fulfill the licensing and regulatory oversight ; (3) in subsection (c), by striking (c) Nothing and inserting the following: (d) Responsibility for safe operation of facilities Nothing ; and (4) by inserting after subsection (b) the following: (c) Licensing process In carrying out the principal licensing and regulation functions under subsection (b)(1), the Director of Nuclear Reactor Regulation shall— (1) establish techniques and guidance for evaluating applications for licenses for nuclear reactors to support efficient, timely, and predictable reviews of applications for such licenses to enable the safe and secure use of nuclear reactors; (2) maintain the techniques and guidance established under paragraph (1) by periodically assessing and, if necessary, modifying such techniques and guidance; and (3) obtain approval from the Commission if establishment or modification of the techniques and guidance established under paragraph (1) or (2) involves policy formulation.. 102. Nuclear licensing efficiency (a) Efficient licensing reviews (1) General Section 181 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2231 ) is amended— (A) by striking The provisions of and inserting the following: (a) The provisions of ; and (B) by adding at the end the following: (b) Consistent with the declaration in section 1, the Commission shall provide for efficient, timely, and predictable reviews and proceedings for the granting, suspending, revoking, or amending of any license or construction permit, or application to transfer control, and in any proceeding for the issuance or modification of rules and regulations dealing with the activities of licenses.. (2) Construction Permits and Operating Licenses Section 185 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2235 ) is amended by adding at the end the following: c. Application reviews for production and utilization facilities of an existing site In reviewing an application for an early site permit, construction permit, operating license, or combined construction permit and operating license for a production facility or utilization facility located at the site of a production facility or utilization facility licensed by the Commission, the Commission shall, to the extent practicable, use information that was part of the licensing basis of the licensed production facility or utilization facility.. (b) Performance metrics and milestones Section 102(c) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(c) ) is amended— (1) in paragraph (3)— (A) in the paragraph heading, by striking 180 and inserting 90 ; and (B) by striking 180 and inserting 90 ; and (2) by adding at the end the following: (4) Periodic updates to metrics and schedules (A) Review and assessment Not less frequently than once every 3 years, the Commission shall review and assess, based on the licensing and regulatory activities of the Commission, the performance metrics and milestone schedules developed under paragraph (1). (B) Revisions After each review and assessment under subparagraph (A), the Commission shall revise, as appropriate, the performance metrics and milestone schedules developed under paragraph (1) to provide the most efficient performance metrics and milestone schedules reasonably achievable.. (c) Clarification on fusion regulation Section 103(a)(4) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ) is amended— (1) by striking Not later and inserting the following: (A) In general Not later ; and (2) by adding at the end the following: (B) Exclusion of fusion reactors Notwithstanding section 3(1), for purposes of subparagraph (A), the term advanced nuclear reactor applicant does not include an applicant for a license for a nuclear fusion reactor.. (d) Technical correction Section 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) ) is amended— (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities The Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission and inserting the following: (2) Regulation The Commission ; and (3) by striking c. The Commission and inserting the following: c. Research and development activities.— (1) In general Subject to paragraphs (2) and (3), the Commission. (e) Fusion machines (1) Definition Section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ) is amended by adding at the end the following: kk. Fusion machine The term fusion machine means a particle accelerator that is capable of— (1) transforming atomic nuclei, through fusion processes, into other elements, isotopes, or particles; and (2) directly capturing and using the resultant products, including particles, heat, and other electromagnetic radiation.. (2) Technology-inclusive regulatory framework (A) In general Section 103(a) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note) is further amended— (i) in paragraph (4), by adding at the end the following: (C) Fusion machine applicants Not later than December 31, 2027, the Commission shall complete a rulemaking to establish a technology-inclusive, regulatory framework for optional use by fusion machine applicants for new license applications. ; and (ii) in paragraph (5)(B)(ii), by inserting and fusion machine license applications after commercial advanced nuclear reactor license applications. (B) Definitions Section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note) is amended by adding at the end the following: (21) Fusion machine The term fusion machine has the meaning given such term in subsection kk. of section 11 of the Atomic Energy Act of 1954.. (3) Report Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission shall submit to Congress a report on— (A) the results of a study, conducted in consultation with Agreement States (as defined in section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note) and the private fusion sector, on risk- and performance-based, design-specific licensing frameworks for mass-manufactured fusion machines (as defined in subsection kk. of section 11 of the Atomic Energy Act of 1954, as added by this subsection), that includes evaluation of the Federal Aviation Administration’s design, manufacturing, and operations certification process for aircraft as a potential model for mass-manufactured fusion machine regulations; and (B) the estimated timeline for the Commission to issue consolidated guidance or regulations for licensing mass-manufactured fusion machines, taking into account the results of such study and the anticipated need for such guidance or regulations. 103. Strengthening the NRC workforce (a) Commission workforce (1) General authority The Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) is amended by inserting after section 161A the following: 161B. Commission workforce (a) Direct hire authority (1) In general Notwithstanding section 161 d. of this Act and section 2(b) of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and without regard to any provision of title 5 (except sections 3303 and 3328), United States Code, governing appointments in the civil service, if the Chairman of the Nuclear Regulatory Commission (in this section referred to as the Chairman ) issues or renews a certification that there is a severe shortage of candidates or a critical hiring need for covered positions to carry out the Nuclear Regulatory Commission’s (in this section referred to as the Commission ) responsibilities and activities in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect— (A) recruit and directly appoint highly qualified individuals into the excepted service for covered positions; and (B) establish in the excepted service term-limited covered positions and recruit and directly appoint highly qualified individuals into such term-limited covered positions, which may not exceed a term of 4 years. (2) Limitations (A) Merit principles To the maximum extent practicable, any action authorized pursuant to paragraph (1) shall be consistent with the merit principles of section 2301 of title 5, United States Code. (B) Number The number of highly qualified individuals serving in— (i) covered positions pursuant to paragraph (1)(A) may not exceed 210 at any one time; and (ii) term-limited covered positions pursuant to paragraph (1)(B) may not exceed 80 at any one time. (C) Compensation The Chairman may not use authority under paragraph (1)(A) or paragraph (1)(B) to compensate individuals recruited and directly appointed into a covered position or a term-limited covered position at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (D) Senior Executive Service position The Chairman may not, under paragraph (1)(A) or paragraph (1)(B), appoint highly qualified individuals to any Senior Executive Service position, as defined in section 3132 of title 5, United States Code. (3) Renewal The Chairman may renew a certification issued or renewed under this subsection if the Chairman determines there is still a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Termination A certification issued or renewed under this subsection shall terminate on the earlier of— (A) the date that is 10 years after the certification is renewed or issued; or (B) the date on which the Chairman determines there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (5) Level of positions To the extent practicable, in carrying out paragraph (1) the Chairman shall recruit and directly appoint highly qualified individuals into the excepted service to entry, mid, and senior level covered positions, including term-limited covered positions. (b) Addressing insufficient compensation of employees and other personnel of the Commission (1) In general Notwithstanding any other provision of law, if the Chairman issues or renews a certification that compensation for employees or other personnel of the Commission serving in a covered position is insufficient to retain or attract such employees and other personnel to allow the Commission to carry out the responsibilities and activities of the Commission in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect, fix the compensation for such employees or other personnel serving in a covered position without regard to any provision of title 5, United States Code, governing General Schedule classification and pay rates. (2) Certification requirements A certification issued or renewed under this subsection shall— (A) apply to employees or other personnel who serve in covered positions; (B) terminate on the earlier of— (i) the date that is 10 years after the certification is issued or renewed; or (ii) the date on which the Chairman determines that the use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is no longer necessary to retain or attract such employees and other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner; and (C) be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel serving in a covered position to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (3) Renewal The Chairman may renew a certification issued or renewed under this subsection if the Chairman determines that use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is still necessary to retain or attract such employees or other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Applicability The authority under this subsection to fix the compensation of employees or other personnel during any period when a certification issued or renewed under paragraph (1) is in effect shall apply with respect to an employee or other personnel serving in a covered position regardless of when the employee or other personnel was hired. (5) Retention of level of fixed compensation The termination of a certification issued or renewed under paragraph (1) shall not affect the compensation of an employee or other personnel serving in a covered position whose compensation was fixed by the Chairman in accordance with paragraph (1). (6) Limitation on compensation The Chairman may not use the authority under paragraph (1) to fix the compensation of employees or other personnel at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (7) Experts and consultants (A) In general Subject to subparagraph (B), the Chairman may— (i) obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code; (ii) compensate those experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of that title; and (iii) pay to the experts and consultants serving away from the homes or regular places of business of the experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of that title for persons in Government service employed intermittently. (B) Limitations The Chairman shall— (i) to the maximum extent practicable, limit the use of experts and consultants pursuant to subparagraph (A); and (ii) ensure that the employment contract of each expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently than annually. (c) Additional compensation authority (1) For new employees The Chairman may pay a person recruited and directly appointed under subsection (a) a 1-time hiring bonus in an amount not to exceed $25,000. (2) For existing employees (A) In general Subject to subparagraph (B), an employee or other personnel who the Chairman determines exhibited exceptional performance in a fiscal year may be paid a performance bonus in an amount not to exceed the least of— (i) $25,000; and (ii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (B) Limitations (i) Subsequent bonuses Any person who receives a performance bonus under subparagraph (A) may not receive another performance bonus under that subparagraph for a period of 5 years thereafter. (ii) Hiring bonuses Any person who receives a 1-time hiring bonus under paragraph (1) may not receive a performance bonus under subparagraph (A) unless more than one year has elapsed since the payment of such 1-time hiring bonus. (d) Implementation plan and report (1) In general Not later than 180 days after the date of enactment of this section, the Chairman shall develop and implement a plan to carry out this section. Before implementing such plan, the Chairman shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Office of Personnel Management a report on the details of the plan. (2) Report content The report submitted under paragraph (1) shall include— (A) evidence and supporting documentation justifying the plan; and (B) budgeting projections on costs and benefits resulting from the plan. (3) Consultation The Chairman may consult with the Office of Personnel Management, the Office of Management and Budget, and the Comptroller General of the United States in developing the plan under paragraph (1). (e) Delegation The Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by subsections (a), (b), and (c) to the Executive Director for Operations of the Commission. (f) Information on hiring, vacancies, and compensation (1) In general The Commission shall include in its budget materials submitted in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code), for each fiscal year beginning after the date of enactment of this section, information relating to hiring, vacancies, and compensation at the Commission. (2) Inclusions The information described in paragraph (1) shall include— (A) an analysis of any trends with respect to hiring, vacancies, and compensation at the Commission; (B) a description of the efforts to retain and attract employees or other personnel to serve in covered positions at the Commission; (C) information that describes— (i) if a certification under subsection (a) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring needs of the Commission; (ii) the total number of highly qualified individuals serving in— (I) covered positions pursuant to subsection (a)(1)(A); and (II) term-limited covered positions pursuant to subsection (a)(1)(B); (iii) if a certification under subsection (b) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring or retention needs of the Commission; (iv) the total number of employees or other personnel serving in a covered position that have their compensation fixed pursuant to subsection (b); (v) if a certification under subsection (a) or (b) was terminated or was not in effect at any point in the previous year, why such a certification was terminated or was not in effect; (vi) the attrition levels with respect to term-limited covered positions appointed under subsection (a)(1)(B), including the number of individuals leaving a term-limited covered position before completion of the applicable term of service and the average length of service for such individuals as a percentage of the applicable term of service; and (vii) the number of experts and consultants retained under subsection (b)(7); and (D) an assessment of— (i) the current critical workforce needs of the Commission and any critical workforce needs that the Commission anticipates in the next five years; and (ii) additional skillsets that are or likely will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission. (g) Covered position In this section, the term covered position means a position in which an employee or other personnel is responsible for conducting work of a scientific, technical, engineering, mathematical, legal, managerial, or otherwise highly specialized or skilled nature.. (2) Table of contents The table of contents of the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 161 the following: Sec. 161A. Use of firearms by security personnel. Sec. 161B. Commission workforce.. (b) Government Accountability Office report Not later than September 30, 2032, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that— (1) evaluates the extent to which the authorities provided under subsections (a), (b), and (c) of section 161B of the Atomic Energy Act of 1954 (as added by this Act) have been utilized; (2) describes the role in which the highly qualified individuals recruited and directly appointed pursuant to section 161B(a) of the Atomic Energy Act of 1954 (as added by this Act) have been utilized to support the licensing of advanced nuclear reactors; (3) assesses the effectiveness of the authorities provided under subsections (a), (b), and (c) of section 161B of the Atomic Energy Act of 1954 (as added by this Act) in helping the Nuclear Regulatory Commission fulfill its mission; (4) makes recommendations to improve the Nuclear Regulatory Commission’s strategic workforce management; and (5) makes recommendations with respect to whether Congress should enhance, modify, or discontinue the authorities provided under subsections (a), (b), and (c) of section 161B of the Atomic Energy Act of 1954 (as added by this Act). (c) Annual Solicitation for Nuclear Regulator Apprenticeship Network Applications The Nuclear Regulatory Commission, on an annual basis, shall solicit applications for the Nuclear Regulator Apprenticeship Network. 161B. Commission workforce (a) Direct hire authority (1) In general Notwithstanding section 161 d. of this Act and section 2(b) of Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), and without regard to any provision of title 5 (except sections 3303 and 3328), United States Code, governing appointments in the civil service, if the Chairman of the Nuclear Regulatory Commission (in this section referred to as the Chairman ) issues or renews a certification that there is a severe shortage of candidates or a critical hiring need for covered positions to carry out the Nuclear Regulatory Commission’s (in this section referred to as the Commission ) responsibilities and activities in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect— (A) recruit and directly appoint highly qualified individuals into the excepted service for covered positions; and (B) establish in the excepted service term-limited covered positions and recruit and directly appoint highly qualified individuals into such term-limited covered positions, which may not exceed a term of 4 years. (2) Limitations (A) Merit principles To the maximum extent practicable, any action authorized pursuant to paragraph (1) shall be consistent with the merit principles of section 2301 of title 5, United States Code. (B) Number The number of highly qualified individuals serving in— (i) covered positions pursuant to paragraph (1)(A) may not exceed 210 at any one time; and (ii) term-limited covered positions pursuant to paragraph (1)(B) may not exceed 80 at any one time. (C) Compensation The Chairman may not use authority under paragraph (1)(A) or paragraph (1)(B) to compensate individuals recruited and directly appointed into a covered position or a term-limited covered position at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (D) Senior Executive Service position The Chairman may not, under paragraph (1)(A) or paragraph (1)(B), appoint highly qualified individuals to any Senior Executive Service position, as defined in section 3132 of title 5, United States Code. (3) Renewal The Chairman may renew a certification issued or renewed under this subsection if the Chairman determines there is still a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Termination A certification issued or renewed under this subsection shall terminate on the earlier of— (A) the date that is 10 years after the certification is renewed or issued; or (B) the date on which the Chairman determines there is no longer a severe shortage of candidates or a critical hiring need for covered positions to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (5) Level of positions To the extent practicable, in carrying out paragraph (1) the Chairman shall recruit and directly appoint highly qualified individuals into the excepted service to entry, mid, and senior level covered positions, including term-limited covered positions. (b) Addressing insufficient compensation of employees and other personnel of the Commission (1) In general Notwithstanding any other provision of law, if the Chairman issues or renews a certification that compensation for employees or other personnel of the Commission serving in a covered position is insufficient to retain or attract such employees and other personnel to allow the Commission to carry out the responsibilities and activities of the Commission in a timely, efficient, and effective manner, the Chairman may, during any period when such a certification is in effect, fix the compensation for such employees or other personnel serving in a covered position without regard to any provision of title 5, United States Code, governing General Schedule classification and pay rates. (2) Certification requirements A certification issued or renewed under this subsection shall— (A) apply to employees or other personnel who serve in covered positions; (B) terminate on the earlier of— (i) the date that is 10 years after the certification is issued or renewed; or (ii) the date on which the Chairman determines that the use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is no longer necessary to retain or attract such employees and other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner; and (C) be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel serving in a covered position to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (3) Renewal The Chairman may renew a certification issued or renewed under this subsection if the Chairman determines that use of the authority of the Chairman under this subsection to fix compensation for employees or other personnel serving in a covered position is still necessary to retain or attract such employees or other personnel to allow the Commission to carry out the Commission’s responsibilities and activities in a timely, efficient, and effective manner. (4) Applicability The authority under this subsection to fix the compensation of employees or other personnel during any period when a certification issued or renewed under paragraph (1) is in effect shall apply with respect to an employee or other personnel serving in a covered position regardless of when the employee or other personnel was hired. (5) Retention of level of fixed compensation The termination of a certification issued or renewed under paragraph (1) shall not affect the compensation of an employee or other personnel serving in a covered position whose compensation was fixed by the Chairman in accordance with paragraph (1). (6) Limitation on compensation The Chairman may not use the authority under paragraph (1) to fix the compensation of employees or other personnel at an annual rate of basic pay higher than the annual salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (7) Experts and consultants (A) In general Subject to subparagraph (B), the Chairman may— (i) obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code; (ii) compensate those experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of that title; and (iii) pay to the experts and consultants serving away from the homes or regular places of business of the experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of that title for persons in Government service employed intermittently. (B) Limitations The Chairman shall— (i) to the maximum extent practicable, limit the use of experts and consultants pursuant to subparagraph (A); and (ii) ensure that the employment contract of each expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently than annually. (c) Additional compensation authority (1) For new employees The Chairman may pay a person recruited and directly appointed under subsection (a) a 1-time hiring bonus in an amount not to exceed $25,000. (2) For existing employees (A) In general Subject to subparagraph (B), an employee or other personnel who the Chairman determines exhibited exceptional performance in a fiscal year may be paid a performance bonus in an amount not to exceed the least of— (i) $25,000; and (ii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (B) Limitations (i) Subsequent bonuses Any person who receives a performance bonus under subparagraph (A) may not receive another performance bonus under that subparagraph for a period of 5 years thereafter. (ii) Hiring bonuses Any person who receives a 1-time hiring bonus under paragraph (1) may not receive a performance bonus under subparagraph (A) unless more than one year has elapsed since the payment of such 1-time hiring bonus. (d) Implementation plan and report (1) In general Not later than 180 days after the date of enactment of this section, the Chairman shall develop and implement a plan to carry out this section. Before implementing such plan, the Chairman shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Office of Personnel Management a report on the details of the plan. (2) Report content The report submitted under paragraph (1) shall include— (A) evidence and supporting documentation justifying the plan; and (B) budgeting projections on costs and benefits resulting from the plan. (3) Consultation The Chairman may consult with the Office of Personnel Management, the Office of Management and Budget, and the Comptroller General of the United States in developing the plan under paragraph (1). (e) Delegation The Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by subsections (a), (b), and (c) to the Executive Director for Operations of the Commission. (f) Information on hiring, vacancies, and compensation (1) In general The Commission shall include in its budget materials submitted in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code), for each fiscal year beginning after the date of enactment of this section, information relating to hiring, vacancies, and compensation at the Commission. (2) Inclusions The information described in paragraph (1) shall include— (A) an analysis of any trends with respect to hiring, vacancies, and compensation at the Commission; (B) a description of the efforts to retain and attract employees or other personnel to serve in covered positions at the Commission; (C) information that describes— (i) if a certification under subsection (a) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring needs of the Commission; (ii) the total number of highly qualified individuals serving in— (I) covered positions pursuant to subsection (a)(1)(A); and (II) term-limited covered positions pursuant to subsection (a)(1)(B); (iii) if a certification under subsection (b) was in effect at any point in the previous year, how the authority provided by that subsection is being used to address the hiring or retention needs of the Commission; (iv) the total number of employees or other personnel serving in a covered position that have their compensation fixed pursuant to subsection (b); (v) if a certification under subsection (a) or (b) was terminated or was not in effect at any point in the previous year, why such a certification was terminated or was not in effect; (vi) the attrition levels with respect to term-limited covered positions appointed under subsection (a)(1)(B), including the number of individuals leaving a term-limited covered position before completion of the applicable term of service and the average length of service for such individuals as a percentage of the applicable term of service; and (vii) the number of experts and consultants retained under subsection (b)(7); and (D) an assessment of— (i) the current critical workforce needs of the Commission and any critical workforce needs that the Commission anticipates in the next five years; and (ii) additional skillsets that are or likely will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission. (g) Covered position In this section, the term covered position means a position in which an employee or other personnel is responsible for conducting work of a scientific, technical, engineering, mathematical, legal, managerial, or otherwise highly specialized or skilled nature. 111. Advanced reactor fee reduction (a) Definitions Section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 note; Public Law 115–439 ) is amended— (1) by redesignating paragraphs (2) through (15) as paragraphs (3), (6), (7), (8), (9), (10), (11), (14), (15), (16), (17), (18), (19), and (20), respectively; (2) by inserting after paragraph (1) the following: (2) Advanced nuclear reactor applicant The term advanced nuclear reactor applicant means an entity that has submitted to the Commission an application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). ; (3) by inserting after paragraph (3) (as so redesignated) the following: (4) Advanced nuclear reactor preapplicant The term advanced nuclear reactor preapplicant means an entity that has submitted to the Commission a licensing project plan for the purposes of submitting a future application for a license for an advanced nuclear reactor under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ). (5) Agency support The term agency support has the meaning given the term agency support (corporate support and the IG) in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation). ; and (4) by inserting after paragraph (11) (as so redesignated) the following: (12) Mission-direct program salaries and benefits The term mission-direct program salaries and benefits has the meaning given such term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation). (13) Mission-indirect program support The term mission-indirect program support has the meaning given such term in section 170.3 of title 10, Code of Federal Regulations (or any successor regulation).. (b) Excluded activities Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) is amended by adding at the end the following: (iv) The total costs of mission-indirect program support and agency support that, under paragraph (2)(B)(ii), may not be included in the professional hourly rate charged for fees assessed and collected from advanced nuclear reactor applicants. (v) The total costs of mission-indirect program support and agency support that, under paragraph (2)(C)(ii), may not be included in the professional hourly rate charged for fees assessed and collected from advanced nuclear reactor preapplicants.. (c) Fees for service or thing of value Section 102(b) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b) ) is amended by striking paragraph (2) and inserting the following: (2) Fees for service or thing of value (A) In general In accordance with section 9701 of title 31, United States Code, the Commission shall assess and collect fees from any person who receives a service or thing of value from the Commission to cover the costs to the Commission of providing the service or thing of value. (B) Advanced nuclear reactor applicants The professional hourly rate charged for fees assessed and collected from an advanced nuclear reactor applicant under this paragraph relating to the review of a submitted application for an advanced nuclear reactor may not— (i) exceed the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program; and (ii) include the costs of mission-indirect program support and agency support. (C) Advanced nuclear reactor preapplicants The professional hourly rate charged for fees assessed and collected from an advanced nuclear reactor preapplicant under this paragraph relating to the review of submitted materials as described in the licensing project plan of such advanced nuclear reactor preapplicant may not— (i) exceed the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program; and (ii) include the costs of mission-indirect program support and agency support. (D) Calculation of hourly rate In this paragraph, the professional hourly rate for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program equals the quotient obtained by dividing— (i) the full-time equivalent rate (within the meaning of the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (or a successor document)) for mission-direct program salaries and benefits of the Nuclear Reactor Safety Program (as determined by the Commission) for a fiscal year; by (ii) the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in clause (i) (or a successor document).. (d) Sunset Section 102(f) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(f) ) is amended to read as follows: (f) Cessation of effectiveness Paragraphs (1)(B)(v) and (2)(C) of subsection (b) shall cease to be effective on September 30, 2029.. (e) Effective date The amendments made by this section shall take effect on October 1, 2024. 112. Advanced nuclear reactor prize Section 103 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 ; 132 Stat. 5571) is amended by adding at the end the following: (f) Prizes for advanced nuclear reactor licensing (1) Definition of eligible entity In this subsection, the term eligible entity means— (A) a non-Federal entity; and (B) the Tennessee Valley Authority. (2) Prize for advanced nuclear reactor licensing (A) In general Notwithstanding section 169 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2209 ) and subject to the availability of appropriations, the Secretary is authorized to make, with respect to each award category described in subparagraph (C), an award in an amount described in subparagraph (B) to the first eligible entity— (i) to which the Commission issues an operating license for an advanced nuclear reactor under part 50 of title 10, Code of Federal Regulations (or successor regulations), for which an application has not been approved by the Commission as of the date of enactment of this subsection; or (ii) for which the Commission makes a finding described in section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), with respect to a combined license for an advanced nuclear reactor— (I) that is issued under subpart C of part 52 of that title (or successor regulations); and (II) for which an application has not been approved by the Commission as of the date of enactment of this subsection. (B) Amount of award Subject to paragraph (3), an award under subparagraph (A) shall be in an amount equal to the total amount assessed by the Commission and collected under section 102(b)(2) from the eligible entity receiving the award for costs relating to the issuance of the license described in that subparagraph, including, as applicable, costs relating to the issuance of an associated construction permit described in section 50.23 of title 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 of that title (or successor regulations)). (C) Award categories An award under subparagraph (A) may be made for— (i) the first advanced nuclear reactor for which the Commission— (I) issues a license in accordance with clause (i) of subparagraph (A); or (II) makes a finding in accordance with clause (ii) of that subparagraph; (ii) an advanced nuclear reactor that— (I) uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 )) or depleted uranium as fuel for the advanced nuclear reactor; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iii) an advanced nuclear reactor that— (I) is a nuclear integrated energy system— (aa) that is composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies; (bb) in which not fewer than 1 subsystem described in item (aa) is a nuclear energy system; and (cc) the purpose of which is— (AA) to reduce greenhouse gas emissions in both the power and nonpower sectors; and (BB) to maximize energy production and efficiency; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iv) an advanced reactor that— (I) operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; and (v) the first advanced nuclear reactor for which the Commission grants approval to load nuclear fuel pursuant to the technology-inclusive regulatory framework established under subsection (a)(4). (3) Federal funding limitation (A) Exclusion of TVA funds In this paragraph, the term Federal funds does not include funds received under the power program of the Tennessee Valley Authority established pursuant to the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq. ). (B) Limitation on amounts expended An award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share required under section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 )) by the eligible entity receiving the award for licensing costs relating to the project for which the award is made. (C) Repayments and dividends not required Notwithstanding section 9104(a)(4) of title 31, United States Code, or any other provision of law, an eligible entity that received an award under this subsection shall not be required— (i) to repay that award or any part of that award; or (ii) to pay a dividend, interest, or other similar payment based on the sum of that award.. 121. Modernization of nuclear reactor environmental reviews (a) In general Not later than 90 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this section referred to as the Commission ) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the efforts of the Commission to facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications, including through expanded use of categorical exclusions, environmental assessments, and generic environmental impact statements. (b) Report In completing the report under subsection (a), the Commission shall— (1) describe the actions the Commission will take to implement the amendments to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) made by section 321 of the Fiscal Responsibility Act of 2023; (2) consider— (A) using through adoption, incorporation by reference, or other appropriate means, categorical exclusions, environmental assessments, and environmental impact statements prepared by other Federal agencies to streamline environmental reviews of nuclear reactor applications by the Commission; (B) using categorical exclusions, environmental assessments, and environmental impact statements prepared by the Commission to streamline environmental reviews of nuclear reactor applications by the Commission; (C) using mitigated findings of no significant impact in environmental reviews of nuclear reactor applications by the Commission to reduce the impact of a proposed action to a level that is not significant; (D) the extent to which the Commission may rely on prior studies or analyses prepared by Federal, State, and local governmental permitting agencies to streamline environmental reviews of nuclear reactor applications by the Commission; (E) opportunities to coordinate the development of environmental assessments and environmental impact statements with other Federal agencies to avoid duplicative environmental reviews and to streamline environmental reviews of nuclear reactor applications by the Commission; (F) opportunities to streamline formal and informal consultations and coordination with other Federal, State, and local governmental permitting agencies during environmental reviews of nuclear reactor applications by the Commission; (G) opportunities to streamline the Commission’s analyses of alternatives, including the Commission’s analysis of alternative sites, in environmental reviews of nuclear reactor applications by the Commission; (H) establishing new categorical exclusions that could be applied to actions relating to new nuclear reactors applications; (I) amending section 51.20(b) of title 10, Code of Federal Regulations, to allow the Commission to determine on a case-specific basis whether an environmental assessment (rather than an environmental impact statement or supplemental environmental impact statement) is appropriate for a particular nuclear reactor application, including in proceedings in which the Commission relies upon a generic environmental impact statement for advanced nuclear reactors; (J) authorizing the use of an applicant’s environmental impact statement as the Commission’s draft environmental impact statement, consistent with section 107(f) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4336a(f) ); (K) opportunities to adopt online and digital technologies, including technologies that would allow applicants and cooperating agencies to upload documents and coordinate with the Commission to edit documents in real time, that would streamline communications between— (i) the Commission and applicants; and (ii) the Commission and other relevant cooperating agencies; (L) in addition to implementing measures under subsection (c), potential revisions to part 51 of title 10, Code of Federal Regulations, and relevant Commission guidance documents, to— (i) facilitate efficient, timely, and predictable environmental reviews of nuclear reactor applications; (ii) assist decision-making about relevant environmental issues; (iii) maintain openness with the public; (iv) meet obligations under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (v) reduce burdens on licensees, applicants, and the Commission; and (3) include a schedule for promulgating the rule required under subsection (c). (c) Rulemaking Not later than 2 years after the submission of the report under subsection (a), the Commission shall promulgate a final rule implementing, to the maximum extent practicable, measures considered by the Commission under subsection (b)(2) that are necessary to streamline the Commission’s review of nuclear reactor applications. 122. Nuclear for Brownfield sites (a) Definitions In this section: (1) Brownfield site The term brownfield site has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (2) Commission The term Commission means the Nuclear Regulatory Commission. (3) Covered site The term covered site means a brownfield site, a retired fossil fuel site, or a site that is both a retired fossil fuel site and a brownfield site. (4) Production facility The term production facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (5) Retired fossil fuel site The term retired fossil fuel site means the site of 1 or more fossil fuel electric generation facilities that are retired or scheduled to retire, including multiunit facilities that are partially shut down. (6) Utilization facility The term utilization facility has the meaning given the term in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ). (b) Identification of regulatory issues (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall evaluate the extent to which modification of regulations, guidance, or policy is needed to enable efficient, timely, and predictable licensing reviews for, and to support the oversight of, production facilities or utilization facilities at covered sites. (2) Requirement In carrying out paragraph (1), the Commission shall consider how licensing reviews for production facilities or utilization facilities at covered sites may be expedited by— (A) siting and operating a production facility or a utilization facility at or near existing site infrastructure to support the reuse of such infrastructure, including— (i) electric switchyard components and transmission infrastructure; (ii) heat-sink components; (iii) steam cycle components; (iv) roads; (v) railroad access; and (vi) water availability; (B) using early site permits; (C) using plant parameter envelopes or similar standardized site parameters on a portion of a larger site; and (D) using a standardized application for similar sites. (3) Report Not later than 14 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing any regulations, guidance, and policies evaluated under paragraph (1). (c) Licensing (1) In general Not later than 2 years after the date of enactment of this Act, the Commission shall, based on the evaluation under subsection (b)— (A) develop and implement strategies to enable efficient, timely, and predictable licensing reviews for, and to support the oversight of, production facilities or utilization facilities at covered sites; and (B) initiate a rulemaking to enable efficient, timely, and predictable licensing reviews for, and to support the oversight of, production facilities or utilization facilities at covered sites. (2) Requirements In carrying out paragraph (1), consistent with the mission of the Commission, the Commission shall consider matters relating to— (A) the use of existing site infrastructure; (B) existing emergency preparedness organizations and planning; (C) the availability of historical site-specific environmental data; (D) previously completed environmental reviews required by the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (E) activities associated with the potential decommissioning of facilities or decontamination and remediation at covered sites; and (F) community engagement and historical experience with energy production. (d) Report Not later than 3 years after the date of enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the actions taken by the Commission under subsection (c)(1). 123. Advancement of nuclear regulatory oversight (a) Implementing lessons learned from the COVID–19 health emergency (1) In general Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report on actions taken by the Commission during the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on January 31, 2020, with respect to COVID–19. (2) Contents The report submitted under paragraph (1) shall— (A) identify any processes, procedures, and other regulatory policies that the Commission revised or temporarily suspended during the public health emergency described in paragraph (1); (B) examine how any revision or temporary suspension of a process, procedure, or other regulatory policy identified under subparagraph (A) affected the ability of the Commission to license and regulate the civilian use of radioactive materials in the United States to protect public health and safety, promote the common defense and security, and protect the environment; (C) discuss lessons learned from the matters described in subparagraph (B); (D) list actions that the Commission has taken or will take to incorporate into the licensing and oversight activities of the Commission, without compromising the mission of the Commission, the lessons described in subparagraph (C); and (E) describe when the actions listed under subparagraph (D) were implemented or may be implemented. (b) Advancing efficient, risk-informed oversight and inspections (1) In general Not later than 1 year after the date of enactment of this Act, the Commission shall develop and submit to the appropriate committees of Congress a report that identifies specific improvements to the nuclear reactor and materials oversight and inspection programs carried out pursuant to the Atomic Energy Act of 1954 that the Commission may implement to maximize the efficiency of such programs through, where appropriate, the use of risk-informed, performance-based procedures, expanded incorporation of information technologies, and staff training. (2) Stakeholder input In developing the report under paragraph (1), the Commission shall, as appropriate, seek input from— (A) the Secretary of Energy; (B) the National Laboratories; (C) the nuclear energy industry; and (D) nongovernmental organizations that are related to nuclear energy. (3) Contents The report submitted under paragraph (1) shall— (A) assess specific elements of oversight and inspections that may be modified by the use of technology, improved planning, and continually updated risk-informed, performance-based assessment, including— (i) use of travel resources; (ii) planning and preparation for inspections, including entrance and exit meetings with licensees; (iii) document collection and preparation, including consideration of whether nuclear reactor data are accessible prior to onsite visits or requests to the licensee and that document requests are timely and within the scope of inspections; (iv) the cross-cutting issues program; and (v) the scope of event reporting required by licensees to ensure decisions are risk-informed; (B) identify and assess measures to improve oversight and inspections, including— (i) elimination of areas of duplicative or otherwise unnecessary activities; (ii) increased use of templates in documenting inspection results; and (iii) periodic training of Commission staff and leadership on the application of risk-informed criteria for— (I) inspection planning and assessments; (II) agency decision making processes on the application of regulations and guidance; and (III) the application of the Commission’s standard of reasonable assurance of adequate protection; (C) assess measures to advance risk-informed procedures, including— (i) increased use of inspection approaches that balance the level of resources commensurate with safety significance; (ii) increased review of the use of inspection program resources based on licensee performance; (iii) expansion of modern information technology, including artificial intelligence and machine learning to risk inform oversight and inspection decisions; and (iv) updating the Differing Professional Views or Opinions process to ensure any impacts on agency decisions and schedules are commensurate with the safety significance of the differing opinion; (D) assess the ability of the Commission, consistent with its obligations to provide reasonable assurance of adequate protection of health and safety pursuant to the Atomic Energy Act of 1954, to enable licensee innovations that may advance nuclear reactor operational efficiency and safety, including the criteria of the Commission for timely acceptance of licensee adoption of advanced technologies, including digital technologies; (E) identify recommendations resulting from the assessments described in subparagraphs (A) through (D); (F) identify specific actions that the Commission will take to incorporate into the training, inspection, oversight, and licensing activities, and regulations of the Commission, without compromising the mission of the Commission, the recommendations identified under subparagraph (E); and (G) describe when the actions identified under subparagraph (F) may be implemented. (c) Office and facility space review (1) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (A) review office and other facility space requirements of the Commission; and (B) submit to the appropriate committees of Congress a report, with recommendations, on the results of such review. (2) Contents The report described in paragraph (1) shall include— (A) an examination of— (i) the costs associated with the headquarters, regional offices, and technical training center of the Commission, including examination of— (I) costs that do not support the Commission’s mission, including rent subsidies for other Federal agencies; and (II) opportunities to reduce future costs through reduction in unnecessary office space, consolidation of offices, use of advanced information technology, or any other appropriate means; and (ii) current and anticipated office and facility requirements to efficiently accomplish the mission of the Commission; and (B) recommendations to Congress, the Commission, and the General Services Administration for actions that may assist in reducing office and facility costs to licensees and taxpayers. (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate. (2) Commission The term Commission means the Nuclear Regulatory Commission. (3) Licensee The term licensee means a person that holds a license issued under section 103 or section 104 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ; 2134). 201. Advanced nuclear deployment (a) Enabling preparations for advanced nuclear reactor demonstrations on Federal sites (1) In general Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) ) is further amended by adding at the end the following: (vi) Costs for— (I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or any successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019); and (II) pre-application activities relating to an early site permit (as so defined) to demonstrate an advanced nuclear reactor on a Department of Energy site or any site or installation that is critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019).. (2) Effective date The amendment made by paragraph (1) shall take effect on October 1, 2024. (b) Regulatory requirements for micro-reactors (1) Micro-Reactor licensing The Nuclear Regulatory Commission (in this subsection referred to as the Commission ) shall— (A) not later than 18 months after the date of enactment of this Act, develop risk-informed and performance-based strategies and guidance to license and regulate micro-reactors pursuant to section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ), including strategies and guidance for— (i) staffing and operations; (ii) oversight and inspections; (iii) safeguards and security; (iv) emergency preparedness; (v) risk analysis methods, including alternatives to probabilistic risk assessments; (vi) decommissioning funding assurance methods that permit the use of design- and site-specific cost estimates; (vii) the transportation of fueled micro-reactors; and (viii) siting, including in relation to— (I) the population density criterion limit described in the policy issue paper on population-related siting considerations for advanced reactors dated May 8, 2020, and numbered SECY–20–0045; (II) licensing mobile deployment; and (III) environmental reviews; and (B) not later than 3 years after the date of enactment of this Act, implement, as appropriate, the strategies and guidance developed under subparagraph (A)— (i) within the existing regulatory framework; (ii) through the technology-inclusive, regulatory framework to be established under section 103(a)(4)(A) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ); or (iii) through a pending or new rulemaking. (2) Considerations In developing and implementing strategies and guidance under paragraph (1), the Commission shall consider— (A) the unique characteristics of micro-reactors, including characteristics relating to— (i) physical size; (ii) design simplicity; and (iii) source term; (B) opportunities to address redundancies and inefficiencies; (C) opportunities to consolidate review phases and reduce transitions between review teams; (D) opportunities to establish integrated review teams to ensure continuity throughout the review process; and (E) other relevant considerations discussed in the policy issue paper on policy and licensing considerations related to micro-reactors dated October 6, 2020, and numbered SECY–20–0093. (3) Consultation In carrying out paragraph (1), the Commission shall consult with— (A) the Secretary of Energy; (B) the heads of other Federal agencies, as appropriate; (C) micro-reactor technology developers; and (D) other stakeholders. (c) Expedited subsequent combined licenses (1) In general In accordance with this subsection, the Nuclear Regulatory Commission (referred to in this subsection as the Commission ) shall establish and carry out an expedited procedure for issuing a combined license pursuant to section 185 b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2235 ). (2) Qualifications To qualify for the expedited procedure under paragraph (1), an applicant— (A) shall submit a combined license application for a new nuclear reactor based off a previously licensed design; (B) shall propose to construct the new nuclear reactor on or adjacent to a site on which a nuclear reactor already operates or previously operated; and (C) may not be subject to an order of the Commission to suspend or revoke a license under section 2.202 of title 10, Code of Federal Regulations (or any successor regulation). (3) Expedited procedure With respect to a combined license for which the applicant has satisfied the requirements described in paragraph (2), the Commission shall, to the maximum extent practicable— (A) not later than 1 year after the application is accepted for docketing, issue a draft environmental impact statement; (B) not later than 18 months after the application is accepted for docketing— (i) complete the technical review process; and (ii) issue a safety evaluation report and final environmental impact statement; (C) not later than 2 years after the application is accepted for docketing, complete any necessary public licensing hearings and related processes; and (D) not later than 25 months after the application is accepted for docketing, make a final decision on whether to issue the combined license. (4) Performance and reporting (A) Delays in issuance Not later than 30 days after the applicable deadline, the Executive Director for Operations of the Commission shall inform the Commission of any failure to meet a deadline under paragraph (3). (B) Delays in issuance exceeding 90 days If any deadline under paragraph (3) is not met by the date that is 90 days after the applicable date required under such paragraph, the Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the delay, including a detailed explanation accounting for the delay and a plan for completion of the applicable action. (d) Pilot program for nuclear power purchase agreements (1) In general Subtitle B of title VI of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 782) is amended by adding at the end the following: 639A. Long-term nuclear power purchase agreement pilot program (a) Establishment The Secretary may establish a pilot program under which the Secretary may enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an initial operating license is issued by the Nuclear Regulatory Commission after January 1, 2024. (b) Consultation In establishing a pilot program under this section, the Secretary shall consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense. (c) Period of agreement Notwithstanding any other provision of law, an agreement entered into pursuant to this section to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years. (d) Priority In carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power— (1) to high-value assets for national security purposes; or (2) for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as islanding power capabilities during an emergency. (e) Rates A long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d). (f) Advanced funding The Secretary— (1) may not enter into any power purchase agreement under this section unless funds are specifically provided for such purposes in advance in appropriations Acts enacted after the date of enactment of this section; and (2) may only enter into such a power purchase agreement if the full extent of anticipated costs stemming from such agreement is recorded as an obligation up front and in full at the time such agreement is made.. (2) Table of contents The table of contents of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 594) is amended by inserting after the item relating to section 639 the following: Sec. 639A. Long-term nuclear power purchase agreement pilot program.. 639A. Long-term nuclear power purchase agreement pilot program (a) Establishment The Secretary may establish a pilot program under which the Secretary may enter into at least one long-term power purchase agreement for power generated by a commercial nuclear reactor with respect to which an initial operating license is issued by the Nuclear Regulatory Commission after January 1, 2024. (b) Consultation In establishing a pilot program under this section, the Secretary shall consult with the heads of other Federal departments and agencies that may benefit from purchasing nuclear power for a period of longer than 10 years, including the Secretary of Defense. (c) Period of agreement Notwithstanding any other provision of law, an agreement entered into pursuant to this section to purchase power from a commercial nuclear reactor shall be made for a period of at least 10 years and not more than 40 years. (d) Priority In carrying out this section, the Secretary shall prioritize entering into long-term power purchase agreements for power generated by first-of-a-kind or early deployment commercial nuclear reactors that will provide reliable and resilient power— (1) to high-value assets for national security purposes; or (2) for other purposes that the Secretary determines are in the national interest, including for remote off-grid scenarios or grid-connected scenarios that provide capabilities commonly known as islanding power capabilities during an emergency. (e) Rates A long-term power purchase agreement entered into under this section may not be at a rate that is higher than the average market rate, unless the agreement is for power generated by a commercial nuclear reactor described in subsection (d). (f) Advanced funding The Secretary— (1) may not enter into any power purchase agreement under this section unless funds are specifically provided for such purposes in advance in appropriations Acts enacted after the date of enactment of this section; and (2) may only enter into such a power purchase agreement if the full extent of anticipated costs stemming from such agreement is recorded as an obligation up front and in full at the time such agreement is made. 202. Global nuclear cooperation (a) Global nuclear energy assessment study (1) Study required Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, and the Commission, shall conduct a study on the global status of— (A) the civilian nuclear energy industry; and (B) the supply chains of the civilian nuclear energy industry. (2) Contents The study conducted under paragraph (1) shall include— (A) information on the status of the civilian nuclear energy industry, the long-term risks to such industry, and the basis for such risks; (B) information on how the use of the civilian nuclear energy industry, relative to other types of energy industries, can reduce the emission of criteria pollutants and carbon dioxide; (C) information on the role the United States civilian nuclear energy industry plays in United States foreign policy; (D) information on the importance of the United States civilian nuclear energy industry to countries that are allied to the United States; (E) information on how the United States may collaborate with such countries in developing, deploying, and investing in nuclear technology; (F) information on how foreign countries use nuclear energy when crafting and implementing their own foreign policy, including such use by foreign countries that are strategic competitors; (G) an evaluation of how nuclear nonproliferation and security efforts and nuclear energy safety are affected by the involvement of the United States in— (i) international markets; and (ii) setting civilian nuclear energy industry standards; (H) an evaluation of how industries in the United States, other than the civilian nuclear energy industry, benefit from the generation of electricity by nuclear power plants; (I) information on utilities and companies in the United States that are involved in the civilian nuclear energy supply chain, including, with respect to such utilities and companies— (i) financial challenges; (ii) nuclear liability issues; (iii) foreign strategic competition; and (iv) risks to continued operation; and (J) recommendations for how the United States may— (i) develop a national strategy to increase the role nuclear energy plays in diplomacy and strategic energy policy; (ii) develop a strategy to mitigate foreign competitor’s utilization of their civilian nuclear energy industries in diplomacy; (iii) align its nuclear energy policy with national security objectives; and (iv) remove regulatory barriers to the development of the United States civilian nuclear energy supply chain. (3) Report to Congress Not later than 6 months after the study is conducted under paragraph (1), the Secretary of Energy shall submit to the appropriate committees of Congress a report, including a classified annex as necessary, on the results of such study. (b) Program to train and share expertise (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of State and the Commission, shall develop and carry out a program under which the Secretary of Energy shall train foreign nuclear energy experts and standardize practices. (2) Requirements In carrying out the program developed under paragraph (1), the Secretary of Energy shall— (A) issue guidance for best safety practices in the global civilian nuclear energy industry based on practices established in the United States; (B) train foreign nuclear energy experts on the operation and safety and security practices used by the United States civilian nuclear energy industry; (C) review global supply chain risks for foreign civilian nuclear energy industries; (D) identify weaknesses and concerns found in foreign civilian nuclear energy industries; and (E) establish partnerships with foreign countries that have developed or are developing civilian nuclear energy industries. (3) Foreign nuclear energy expert In this subsection, the term foreign nuclear energy expert does not include a person who is from a country— (A) in which intellectual property theft is legal; (B) that takes actions to undermine the civilian nuclear energy industry or other critical industries of the United States; or (C) which the Secretary of Energy determines is inimical to the interest of the United States. (c) International nuclear reactor export and innovation activities (1) Coordination The Commission shall— (A) coordinate all work of the Commission relating to— (i) issuing a license for the import or export of a nuclear reactor under section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ); and (ii) international regulatory cooperation and assistance relating to nuclear reactors; and (B) support— (i) the consideration of international technical standards to assist the design, licensing, and construction of advanced nuclear systems; (ii) efforts to help build competent nuclear regulatory organizations and legal frameworks in foreign countries that are seeking to develop civilian nuclear energy industries; and (iii) exchange programs and training provided in coordination with the Secretary of State to foreign countries relating to civilian nuclear energy industry regulation and oversight to improve nuclear technology licensing. (2) Consultation In supporting exchange programs and training under paragraph (1)(B)(iii), the Commission shall consult with— (A) the Secretary of Energy; (B) the Secretary of State; (C) the National Laboratories; (D) the private sector; and (E) institutions of higher education. (3) Nuclear Reactor Export and Innovation Branch The Commission may establish within the Office of International Programs of the Commission a branch, to be known as the International Nuclear Reactor Export and Innovation Branch , to carry out the nuclear reactor export and innovation activities described in paragraph (1) as the Commission determines appropriate. (4) Exclusion of international activities from the fee base (A) In general Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 ) is amended— (i) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities The Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in section 202(c)(1) of the Atomic Energy Advancement Act. ; and (ii) in subsection (b)(1)(B), as amended by the preceding provisions of this Act, by adding at the end the following: (vii) Costs for international nuclear reactor export and innovation activities described in section 202(c)(1) of the Atomic Energy Advancement Act.. (B) Effective date The amendments made by subparagraph (A) shall take effect on October 1, 2024. (d) Denial of certain domestic licenses for national security purposes (1) Definition of covered fuel In this subsection, the term covered fuel means enriched uranium that is fabricated into fuel assemblies for nuclear reactors by an entity that— (A) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (2) Prohibition on unlicensed possession or ownership of covered fuel Unless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ), no person subject to the jurisdiction of the Commission may possess or own covered fuel. (3) License To possess or own covered fuel (A) Consultation required prior to issuance The Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 ) unless the Commission has first consulted with the Secretary of Energy and the Secretary of State before issuing the license. (B) Prohibition on issuance of license (i) In general Subject to clause (iii), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in clause (ii). (ii) Determination (I) In general The determination referred to in clause (i) is a determination that possession or ownership, as applicable, of covered fuel poses a threat to the national security of the United States that adversely impacts the physical and economic security of the United States. (II) Joint determination A determination described in subclause (I) shall be jointly made by the Secretary of Energy and the Secretary of State. (III) Timeline (aa) Notice of application Not later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (bb) Determination The Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under item (aa) of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I). (cc) Commission notification On making the determination described in subclause (I), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. (dd) Congressional notification Not later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under item (cc), the Commission shall notify the appropriate committees of Congress of the determination. (ee) Public notice Not later than 15 days after the date on which the Commission notifies Congress under item (dd) of a determination made under subclause (I), the Commission shall make that determination publicly available. (iii) Effect of no determination The prohibition described in clause (i) shall not apply if the Secretary of Energy and the Secretary of State do not make the determination described in clause (ii) by the date described in subclause (III)(bb) of that clause. (e) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means each of the following: (A) The Committee on Energy and Commerce of the House of Representatives. (B) The Committee on Foreign Affairs of the House of Representatives. (C) The Committee on Environment and Public Works of the Senate. (D) The Committee on Energy and Natural Resources of the Senate. (E) The Committee on Foreign Relations of the Senate. (2) Commission The term Commission means the Nuclear Regulatory Commission. 203. American nuclear competitiveness (a) Process for review and amendment of part 810 generally authorized destinations (1) Identification and evaluation of factors Not later than 90 days after the date of enactment of this Act, the Secretary of Energy, with the concurrence of the Secretary of State, shall identify and evaluate factors, other than agreements for cooperation entered into in accordance with section 123 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2153 ), that may be used to determine a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and to list such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations. (2) Process update The Secretary of Energy shall review and, as appropriate, update the Department of Energy’s process for determining a country’s generally authorized destination status under part 810 of title 10, Code of Federal Regulations, and for listing such country as a generally authorized destination in Appendix A to part 810 of title 10, Code of Federal Regulations, taking into consideration, and, as appropriate, incorporating factors identified and evaluated under paragraph (1). (3) Revisions to list Not later than one year after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary of Energy shall, in accordance with any process updated pursuant to this subsection, review the list in Appendix A to part 810 of title 10, Code of Federal Regulations, and amend such list as appropriate. (b) Licensing domestic nuclear projects in which United States allies invest (1) In general The prohibitions against issuing certain licenses for utilization facilities to certain aliens, corporations, and other entities described in the second sentence of section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) and the second sentence of section 104 d. of that Act ( 42 U.S.C. 2134(d) ) shall not apply to an entity described in paragraph (2) of this subsection if the Nuclear Regulatory Commission determines that issuance of the applicable license to that entity is not inimical to— (A) the common defense and security; or (B) the health and safety of the public. (2) Entities described (A) In general An entity referred to in paragraph (1) is an alien, corporation, or other entity that is owned, controlled, or dominated by— (i) the government of— (I) a country, other than a country described in subparagraph (B), that is a member of the Organization for Economic Co-operation and Development on the date of enactment of this Act; or (II) the Republic of India; (ii) a corporation that is incorporated in a country described in subclause (I) or (II) of clause (i); or (iii) an alien who is a citizen or national of a country described in subclause (I) or (II) of clause (i). (B) Exclusion A country described in this subparagraph is a country— (i) any department, agency, or instrumentality of the government of which, on the date of enactment of this Act, is subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ); or (ii) any citizen, national, or entity of which, as of the date of enactment of this Act, is included on the List of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to sanctions imposed under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ). (3) Technical amendment Section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) ) is amended, in the second sentence, by striking any any and inserting any. (4) Savings clause Nothing in this subsection affects the requirements of section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ). (c) Licensing considerations relating to use of nuclear energy for nonelectric applications (1) In general Not later than 1 year after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection referred to as the Commission ) shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report addressing any unique licensing issues or requirements relating to— (A) the flexible operation of advanced nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; (B) the use of advanced nuclear reactors exclusively for nonelectric applications; and (C) the collocation of advanced nuclear reactors with industrial plants or other facilities. (2) Stakeholder input In developing the report under paragraph (1), the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) technology developers; (D) the industrial, chemical, and medical sectors; (E) nongovernmental organizations; and (F) other public stakeholders. (3) Contents The report under paragraph (1) shall describe— (A) any unique licensing issues or requirements relating to the matters described in subparagraphs (A) through (C) of paragraph (1), including, with respect to the nonelectric applications referred to in subparagraphs (A) and (B) of that paragraph, any licensing issues or requirements relating to the use of nuclear energy— (i) for hydrogen or other liquid and gaseous fuel or chemical production; (ii) for water desalination and wastewater treatment; (iii) for heat used in industrial processes; (iv) for district heating; (v) in relation to energy storage; (vi) for industrial or medical isotope production; and (vii) other applications, as identified by the Commission; (B) options for addressing such issues or requirements— (i) within the existing regulatory framework; (ii) through the technology-inclusive, regulatory framework to be established under section 103(a)(4)(A) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note; Public Law 115–439 ); or (iii) through a new rulemaking; (C) the extent to which Commission action is needed to implement any matter described in the report; and (D) cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for licensing advanced nuclear reactors for nonelectric applications. (d) Report on advanced methods of manufacturing and construction for nuclear energy projects (1) In general Not later than 180 days after the date of enactment of this Act, the Nuclear Regulatory Commission (in this subsection referred to as the Commission ) shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on advanced methods of manufacturing and construction for nuclear energy projects. (2) Stakeholder input In developing the report under paragraph (1), the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) the National Laboratories; (D) institutions of higher education; (E) nuclear and manufacturing technology developers; (F) the manufacturing and construction industries; (G) standards development organizations; (H) labor unions; (I) nongovernmental organizations; and (J) other public stakeholders. (3) Contents (A) In general The report under paragraph (1) shall— (i) examine any unique licensing issues or requirements relating to the use, for nuclear energy projects, of— (I) advanced manufacturing techniques; and (II) advanced construction techniques; (ii) examine— (I) the requirements for nuclear-grade components in manufacturing and construction for nuclear energy projects; (II) opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; and (III) opportunities to use standard materials that are in compliance with existing codes and standards to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes or standards; (iii) identify safety aspects of advanced manufacturing processes and advanced construction techniques that are not addressed by existing codes and standards, so that generic guidance for nuclear energy projects may be updated or created as necessary by the Commission; (iv) identify options for addressing the issues, requirements, and opportunities examined under clauses (i) and (ii)— (I) within the existing regulatory framework; or (II) through a new rulemaking; and (v) describe the extent to which Commission action is needed to implement any matter described in the report. (B) Cost estimates, budgets, and timeframes The report under paragraph (1) shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for advanced manufacturing and construction for nuclear energy projects. (e) Extension of the Price-Anderson Act (1) Extension Section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2025 each place it appears and inserting December 31, 2065. (2) Liability Section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 ) (commonly known as the Price-Anderson Act ) is amended— (A) in subsection d. (5), by striking $500,000,000 and inserting $2,000,000,000 ; and (B) in subsection e. (4), by striking $500,000,000 and inserting $2,000,000,000. (3) Report Section 170 p. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(p) ) (commonly known as the Price-Anderson Act ) is amended by striking December 31, 2021 and inserting December 31, 2061. (4) Definition of nuclear incident Section 11 q. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(q) ) is amended, in the second proviso, by striking if such occurrence and all that follows through United States: and inserting a colon. (f) Risk pooling program assessment (1) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall carry out a review of, and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on, the Secretary of Energy’s actions with respect to the program described in section 934(e) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17373(e) ). (2) Contents The report described in paragraph (1) shall include— (A) an evaluation of the Secretary of Energy’s actions to determine the risk-informed assessment formula under section 934(e)(2)(C) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17373(e)(2)(C) ); and (B) a review of the Secretary of Energy’s methodology to collect information to determine and implement the formula.
95,784
[ "Environment and Public Works Committee", "Foreign Affairs Committee", "Science, Space, and Technology Committee", "Energy and Commerce Committee" ]
118hr903ih
118
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903
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To amend the Small Business Act to require the Administrator of the Small Business Administration to carry out a pilot program on issuing grants to eligible veterans to start or acquire qualifying businesses, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Veterans Entrepreneurship Act of 2023.", "id": "HB238006577C549F790C488484E3DBFA8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Veterans small business entrepreneurship pilot program \nSection 32 of the Small Business Act ( 15 U.S.C. 657b ) is amended by adding at the end the following: (h) Veterans small business entrepreneurship pilot program \n(1) Pilot program required \n(A) In general \nNot later than 90 days after the date of enactment of this subsection, the Administrator, in consultation with the Advisory Committee and the Secretary of Veterans Affairs, shall begin carrying out a pilot program to assess the feasibility and advisability of making grants to eligible veterans to start or acquire a qualifying business enterprise. (B) Promotion of efficiency \nIn carrying out the pilot program, the Administrator shall ensure, to the maximum extent practicable, that the pilot program promotes efficiency, accountability, and competition. (C) List of categories of business enterprises \nThe Administrator, in consultation with the Advisory Committee, shall by rule establish a list of categories of business enterprises that the Administrator determines to be qualifying business enterprises for purposes of the pilot program, which shall include— (i) a small business concern; (ii) a franchise business enterprise; and (iii) any other category of business enterprise that the Administrator, in consultation with the Advisory Committee, determines is appropriate and in accordance with the purposes of the pilot program. (D) Number of grants \nUnder the pilot program, the Administrator may make grants in accordance with paragraph (4) to not more than 250 eligible veterans to start or acquire a qualifying business enterprise. (E) Geographic diversity \nIn making grants under the pilot program, the Administrator shall ensure geographic diversity among the veterans who receive the grants. (F) Duration \nThe Administrator shall carry out the pilot program during the 3-year period beginning on the date on which the Administrator begins carrying out the pilot program. (2) Application \n(A) In general \nAn eligible veteran desiring a grant under the pilot program shall submit an application— (i) to the Administrator in the form and containing the information as the Administrator may require, including the information described in subparagraph (B); and (ii) not later than 1 year before the date on which the pilot program terminates under paragraph (1)(F). (B) Documentation requirements \nThe Administrator, in considering an application from an eligible veteran for a grant under the pilot program, may not approve the application unless the application includes the following: (i) A description of the use of the grant amount, including an identification and description of the qualifying business enterprise. (ii) A description of the expected return on investment resulting from the grant amounts. (iii) A certification that the eligible veteran applying for the grant— (I) shall complete the education and training relevant to the ownership and operation of the qualifying business enterprise described in paragraphs (3)(A) and (3)(B); and (II) understands that the eligible veteran may not receive amounts under a grant under the pilot program until after the eligible veteran has completed the required education and training relevant to the ownership and operation of the qualifying business enterprise described in paragraphs (3)(A) and (3)(B). (iv) Such certifications as the Administrator, in consultation with the Advisory Committee, shall by rule require, including— (I) for a business enterprise in operation on the date of the application, evidence that the Administrator, in consultation with the Advisory Committee, determines appropriate of— (aa) good standing; (bb) profitable operation; and (cc) guarantees relating to the purchase of the enterprise; (II) for a franchise business enterprise, evidence that the Administrator, in consultation with the Advisory Committee, determines appropriate of— (aa) compliance with applicable State and Federal laws on franchises; and (bb) training in conformation with the industry standard; and (III) for a startup, or an enterprise that is otherwise not in operation at the time of the application, a proposal for the operation of that enterprise that leads to profitable operation within a reasonable time frame. (v) A certification that the eligible veteran applying for the grant understands that the eligible veteran may not receive amounts under the grant until after the business plan of the eligible veteran has been approved under the procedures described in paragraph (3)(C)(ii). (vi) A certification that the eligible veteran— (I) has been truthful about the employment status of the eligible veteran; and (II) understands that the eligible veteran will be prohibited from participating in the pilot program if the certification described in subclause (I) is determined to be untrue. (C) Group applications \nThe Administrator may authorize a group of eligible veterans to apply as a group under the pilot program. The group shall be treated as a single eligible veteran under the pilot program, except that the maximum amount of the grant shall be calculated by multiplying the maximum amount under paragraph (4)(A) by the number of members of the group. (3) Entrepreneurship training \n(A) In general \nEach eligible veteran receiving a grant under the pilot program shall complete an entrepreneurship readiness program approved by the Administrator that is designed to prepare the eligible veteran for, and lead to the immediate subsequent ownership and management by the eligible veteran of, a qualifying business enterprise. (B) Approved programs \nAn approved program described in subparagraph (A) may include a program— (i) available through a small business development center; (ii) approved by the Administrator for entrepreneurship training; (iii) approved by the Secretary of Veterans Affairs for entrepreneurship training; (iv) available through the Transition Assistance Program of the Department of Defense; (v) available through a women’s business center, as described in section 29; (vi) available through a Veterans Business Outreach Center, as described in subsection (d); (vii) available through the SCORE program authorized by section 8(b)(1); or (viii) approved by the Administrator, in consultation with the Advisory Committee, as appropriate because of the expertise the program offers relating to a certain type of business enterprise. (C) Business plan \n(i) Contents \nAn eligible veteran receiving a grant under the pilot program shall prepare a business plan, which shall include— (I) a description of how the qualifying business enterprise will achieve profitable operation within a reasonable time frame; (II) an assessment of relevant— (aa) economic indicators; (bb) consumer data; (cc) production and sales data; and (dd) market or industry analysis; and (III) other information that the Administrator, in consultation with the Advisory Committee, determines is appropriate. (ii) Approval procedure \n(I) Approval by advisor \nIf an advisor approves the business plan prepared by the eligible veteran, the Associate Administrator for Veterans Business Development of the Administration— (aa) shall review the business plan; and (bb) may reverse the approval of the business plan and require that the eligible veteran continue to consult with the advisor to develop and resubmit the business plan. (II) Disapproval by advisor \nIf an advisor does not approve the business plan prepared by an eligible veteran, the Associate Administrator for Veterans Business Development of the Administration, upon appeal by the eligible veteran, may reverse the decision of the advisor and approve the business plan. (4) Grant terms and conditions \n(A) Maximum grant amount and additional assistance \n(i) In general \nSubject to paragraph (2)(C), the maximum amount that an eligible veteran may receive under the pilot program shall not exceed an amount equal to the sum of— (I) the maximum grant amount specified in clause (ii); (II) the amount equal to the product obtained by multiplying— (aa) the amount of additional assistance to which the eligible veteran is entitled under clause (iii)(II); by (bb) the number of months that the eligible veteran participates in the pilot program; and (III) the amount of training assistance received by the eligible veteran in clause (iv). (ii) Maximum grant amount \nThe maximum grant amount specified in this clause is the following: (I) In the case of an eligible veteran entitled to educational assistance under chapter 33 of title 38, United States Code, the amount equal to the product obtained by multiplying— (aa) the number of months of educational assistance to which the eligible veteran is entitled on the date that the eligible veteran submits an application; by (bb) the pro rata monthly rate of the amount that the eligible veteran is entitled to under paragraph (1)(A)(ii)(II) of section 3313(c) of that title, subject to paragraphs (2) through (7) of that section. (II) In the case of an eligible veteran entitled to educational assistance under chapter 30 of title 38, United States Code, the amount equal to the product obtained by multiplying— (aa) the number of months of educational assistance to which the eligible veteran is entitled on the date that the eligible veteran submits an application; by (bb) the rate in effect under section 3015(a)(1) of that title. (iii) Additional assistance \n(I) Period of eligibility \nAn eligible veteran shall receive the amount described in subclause (II) for each month that the eligible veteran participates in the pilot program. (II) Amount \nThe amount of the additional assistance specified in this subclause is an amount, paid to the eligible veteran on a monthly basis, equal to the product obtained by multiplying— (aa) the monthly amount of the basic allowance for housing payable under section 403 of title 37, United States Code, for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP Code area in which is located the residence of the eligible veteran (similar to the calculation made under section 3313(c)(1)(B)(i)(I) of title 38, United States Code); by— (bb) (AA) in the case of an eligible veteran who, as of the date on which the eligible veteran applies for a grant under this subsection, has no employment other than the qualifying business enterprise for which the eligible veteran seeks a grant under this subsection, 1; or (BB) in the case of an eligible veteran who is not described in subitem (AA), 0.5. (iv) Training assistance \nUpon application by an eligible veteran receiving a grant under the pilot program, the Administrator may pay for the cost, if applicable, of an approved program described in paragraph (3)(B)(viii). (B) Disbursement \nThe amount of a grant made under the pilot program shall be disbursed to an eligible veteran— (i) in installments, in accordance with the procedures described in subparagraph (C); (ii) only after the eligible veteran presents documentation proving that the eligible veteran has completed the required entrepreneurship training described in paragraphs (3)(A) and (3)(B); and (iii) only after the business plan of the eligible veteran has been approved under the procedures described in paragraph (3)(C)(ii). (C) Installment payments \nThe amount described in subparagraph (A)(ii) shall be paid to the eligible veteran in installments on a pro rata basis with each installment being paid to the eligible veteran— (i) not earlier than 3 months after the date of the payment of the most recent installment to the eligible veteran; (ii) not later than 12 months after the date of the payment of the most recent installment to the eligible veteran; and (iii) only after the eligible veteran has met milestones established in the business plan of the eligible veteran. (5) Use of grant amounts \nAn eligible veteran who receives a grant under the pilot program may use the amount of the grant— (A) in accordance with the limitations that the Administrator, in consultation with the Advisory Committee, may by rule establish; and (B) for purposes related to starting or acquiring a qualifying business enterprise that the Administrator, in consultation with the Advisory Committee, determines are appropriate, including— (i) purchasing goods or services necessary for the creation or operation of a qualifying business enterprise; (ii) funding a project that is directed toward any economic development objective described under section 501(d) of the Small Business Investment Act of 1958 ( 15 U.S.C. 695(d) ); and (iii) acquiring a qualifying business enterprise. (6) Report \n(A) In general \nNot later than 2 years after the date on which the pilot program is commenced, the Administrator shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Veterans’ Affairs of the Senate and the Committee on Small Business and the Committee on Veterans’ Affairs of the House of Representatives a report analyzing the feasibility and effectiveness of the pilot program. (B) Contents \nThe report submitted under subparagraph (A) shall include— (i) an assessment of the pilot program; (ii) a survey containing— (I) the number of grantees under the pilot program; and (II) the number of the grantees under the pilot program that participated in each of the training programs described in subparagraphs (A) and (B) of paragraph (3); (iii) recommendations regarding whether any aspect of the pilot program should be made a permanent authority, and, if so, the means to ensure— (I) geographic and demographic diversity among the eligible veterans who receive the grants under the permanent authority; and (II) diversity in the types of qualifying business enterprises for which eligible veterans may receive grants under the pilot program; (iv) an assessment regarding whether the grants distributed under the pilot program should continue to be made in installments or with a 1-time, lump sum payment; (v) an assessment of the additional assistance made available under the pilot program, including the accountability surrounding the availability of additional assistance; (vi) an analysis of the procedures for approving a business plan and a recommendation regarding ways, if necessary, to improve the procedures; and (vii) a recommendation regarding ways, if necessary, to improve the accountability of advisors. (7) No effect on time limitation for use of entitlement to educational assistance \nNothing in this subsection shall be construed to modify any time limitation or period during which an individual is entitled to educational assistance under chapter 30 or 33 of title 38, United States Code. (8) Definitions \nIn this subsection: (A) Advisor \nThe term advisor means a person— (i) affiliated with an entrepreneurship or training and curricula program described in paragraphs (3)(A) and (3)(B); (ii) who may assist an eligible veteran with the preparation and approval of a business plan; and (iii) who is approved to serve as an advisor by the Administrator, in consultation with the Advisory Committee. (B) Advisory committee \nThe term Advisory Committee means the Advisory Committee on Veterans Business Affairs established under section 203 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note). (C) Business plan \nThe term business plan means a plan prepared by an eligible veteran for the operation of a qualifying business enterprise that shall be— (i) prepared— (I) while the eligible veteran participates in an approved training program described in paragraphs (3)(A) and (3)(B); and (II) with the assistance of an advisor; and (ii) consistent with the guidelines and recommendations provided by the Business Plan Tool of the Administration. (D) Eligible veteran \nThe term eligible veteran means an individual who— (i) is— (I) a veteran; or (II) a member of the Armed Forces who— (aa) is currently retiring or separating from the Armed Forces and has a service approved retirement or separation packet; or (bb) has last been honorably discharged from active duty service in the Armed Forces; (ii) has completed not less than— (I) 36 months of active duty service in the Armed Forces (other than active duty service for training); or (II) 24 months of active duty service in the Armed Forces (other than active duty service for training) before being discharged or separated for a service-connected disability, as that term is defined in section 101 of title 38, United States Code; and (iii) is entitled to educational assistance under chapter 30 or 33 of title 38, United States Code. (E) Franchise business enterprise \nThe term franchise business enterprise means any continuing commercial relationship or arrangement, regardless of the title given the relationship or arrangement, under which the terms of the offer or contract specify, or the franchise seller promises or represents, orally or in writing, that— (i) the franchisee will obtain the right to— (I) operate a business that is identified or associated with the trademark of the franchisor; or (II) offer, sell, or distribute goods, services, or commodities that are identified or associated with the trademark of the franchisor; (ii) the franchisor may— (I) exert, or has authority to exert, a significant degree of control over the method of operation of the franchisee; or (II) provide significant assistance in the method of operation of the franchisee; and (iii) as a condition of obtaining or commencing operation of the franchise business enterprise, the franchisee makes a required payment or commits to make a required payment to the franchisor or the affiliate of the franchisor. (F) Franchisee \nThe term franchisee means any person who is granted a franchise business enterprise. (G) Franchisor \nThe term franchisor — (i) means any person who grants a franchise business enterprise and participates in the franchise relationship; and (ii) includes subfranchisors. (H) Pilot program \nThe term pilot program means the pilot program established under paragraph (1)(A). (I) Qualifying business enterprise \nThe term qualifying business enterprise means a business included in the list of categories of business enterprises established under paragraph (1)(C). (J) Startup \nThe term startup means a business enterprise that— (i) is not yet in existence; or (ii) has been in existence for not more than 5 years. (K) Subfranchisor \nThe term subfranchisor means a person who functions as a franchisor by engaging in both pre-sale activities and post-sale performance..", "id": "HB96EBB7C433541589BBD77E069EC4B01", "header": "Veterans small business entrepreneurship pilot program", "nested": [ { "text": "Section 32 of the Small Business Act ( 15 U.S.C. 657b ) is amended by adding at the end the following: (h) Veterans small business entrepreneurship pilot program \n(1) Pilot program required \n(A) In general \nNot later than 90 days after the date of enactment of this subsection, the Administrator, in consultation with the Advisory Committee and the Secretary of Veterans Affairs, shall begin carrying out a pilot program to assess the feasibility and advisability of making grants to eligible veterans to start or acquire a qualifying business enterprise. (B) Promotion of efficiency \nIn carrying out the pilot program, the Administrator shall ensure, to the maximum extent practicable, that the pilot program promotes efficiency, accountability, and competition. (C) List of categories of business enterprises \nThe Administrator, in consultation with the Advisory Committee, shall by rule establish a list of categories of business enterprises that the Administrator determines to be qualifying business enterprises for purposes of the pilot program, which shall include— (i) a small business concern; (ii) a franchise business enterprise; and (iii) any other category of business enterprise that the Administrator, in consultation with the Advisory Committee, determines is appropriate and in accordance with the purposes of the pilot program. (D) Number of grants \nUnder the pilot program, the Administrator may make grants in accordance with paragraph (4) to not more than 250 eligible veterans to start or acquire a qualifying business enterprise. (E) Geographic diversity \nIn making grants under the pilot program, the Administrator shall ensure geographic diversity among the veterans who receive the grants. (F) Duration \nThe Administrator shall carry out the pilot program during the 3-year period beginning on the date on which the Administrator begins carrying out the pilot program. (2) Application \n(A) In general \nAn eligible veteran desiring a grant under the pilot program shall submit an application— (i) to the Administrator in the form and containing the information as the Administrator may require, including the information described in subparagraph (B); and (ii) not later than 1 year before the date on which the pilot program terminates under paragraph (1)(F). (B) Documentation requirements \nThe Administrator, in considering an application from an eligible veteran for a grant under the pilot program, may not approve the application unless the application includes the following: (i) A description of the use of the grant amount, including an identification and description of the qualifying business enterprise. (ii) A description of the expected return on investment resulting from the grant amounts. (iii) A certification that the eligible veteran applying for the grant— (I) shall complete the education and training relevant to the ownership and operation of the qualifying business enterprise described in paragraphs (3)(A) and (3)(B); and (II) understands that the eligible veteran may not receive amounts under a grant under the pilot program until after the eligible veteran has completed the required education and training relevant to the ownership and operation of the qualifying business enterprise described in paragraphs (3)(A) and (3)(B). (iv) Such certifications as the Administrator, in consultation with the Advisory Committee, shall by rule require, including— (I) for a business enterprise in operation on the date of the application, evidence that the Administrator, in consultation with the Advisory Committee, determines appropriate of— (aa) good standing; (bb) profitable operation; and (cc) guarantees relating to the purchase of the enterprise; (II) for a franchise business enterprise, evidence that the Administrator, in consultation with the Advisory Committee, determines appropriate of— (aa) compliance with applicable State and Federal laws on franchises; and (bb) training in conformation with the industry standard; and (III) for a startup, or an enterprise that is otherwise not in operation at the time of the application, a proposal for the operation of that enterprise that leads to profitable operation within a reasonable time frame. (v) A certification that the eligible veteran applying for the grant understands that the eligible veteran may not receive amounts under the grant until after the business plan of the eligible veteran has been approved under the procedures described in paragraph (3)(C)(ii). (vi) A certification that the eligible veteran— (I) has been truthful about the employment status of the eligible veteran; and (II) understands that the eligible veteran will be prohibited from participating in the pilot program if the certification described in subclause (I) is determined to be untrue. (C) Group applications \nThe Administrator may authorize a group of eligible veterans to apply as a group under the pilot program. The group shall be treated as a single eligible veteran under the pilot program, except that the maximum amount of the grant shall be calculated by multiplying the maximum amount under paragraph (4)(A) by the number of members of the group. (3) Entrepreneurship training \n(A) In general \nEach eligible veteran receiving a grant under the pilot program shall complete an entrepreneurship readiness program approved by the Administrator that is designed to prepare the eligible veteran for, and lead to the immediate subsequent ownership and management by the eligible veteran of, a qualifying business enterprise. (B) Approved programs \nAn approved program described in subparagraph (A) may include a program— (i) available through a small business development center; (ii) approved by the Administrator for entrepreneurship training; (iii) approved by the Secretary of Veterans Affairs for entrepreneurship training; (iv) available through the Transition Assistance Program of the Department of Defense; (v) available through a women’s business center, as described in section 29; (vi) available through a Veterans Business Outreach Center, as described in subsection (d); (vii) available through the SCORE program authorized by section 8(b)(1); or (viii) approved by the Administrator, in consultation with the Advisory Committee, as appropriate because of the expertise the program offers relating to a certain type of business enterprise. (C) Business plan \n(i) Contents \nAn eligible veteran receiving a grant under the pilot program shall prepare a business plan, which shall include— (I) a description of how the qualifying business enterprise will achieve profitable operation within a reasonable time frame; (II) an assessment of relevant— (aa) economic indicators; (bb) consumer data; (cc) production and sales data; and (dd) market or industry analysis; and (III) other information that the Administrator, in consultation with the Advisory Committee, determines is appropriate. (ii) Approval procedure \n(I) Approval by advisor \nIf an advisor approves the business plan prepared by the eligible veteran, the Associate Administrator for Veterans Business Development of the Administration— (aa) shall review the business plan; and (bb) may reverse the approval of the business plan and require that the eligible veteran continue to consult with the advisor to develop and resubmit the business plan. (II) Disapproval by advisor \nIf an advisor does not approve the business plan prepared by an eligible veteran, the Associate Administrator for Veterans Business Development of the Administration, upon appeal by the eligible veteran, may reverse the decision of the advisor and approve the business plan. (4) Grant terms and conditions \n(A) Maximum grant amount and additional assistance \n(i) In general \nSubject to paragraph (2)(C), the maximum amount that an eligible veteran may receive under the pilot program shall not exceed an amount equal to the sum of— (I) the maximum grant amount specified in clause (ii); (II) the amount equal to the product obtained by multiplying— (aa) the amount of additional assistance to which the eligible veteran is entitled under clause (iii)(II); by (bb) the number of months that the eligible veteran participates in the pilot program; and (III) the amount of training assistance received by the eligible veteran in clause (iv). (ii) Maximum grant amount \nThe maximum grant amount specified in this clause is the following: (I) In the case of an eligible veteran entitled to educational assistance under chapter 33 of title 38, United States Code, the amount equal to the product obtained by multiplying— (aa) the number of months of educational assistance to which the eligible veteran is entitled on the date that the eligible veteran submits an application; by (bb) the pro rata monthly rate of the amount that the eligible veteran is entitled to under paragraph (1)(A)(ii)(II) of section 3313(c) of that title, subject to paragraphs (2) through (7) of that section. (II) In the case of an eligible veteran entitled to educational assistance under chapter 30 of title 38, United States Code, the amount equal to the product obtained by multiplying— (aa) the number of months of educational assistance to which the eligible veteran is entitled on the date that the eligible veteran submits an application; by (bb) the rate in effect under section 3015(a)(1) of that title. (iii) Additional assistance \n(I) Period of eligibility \nAn eligible veteran shall receive the amount described in subclause (II) for each month that the eligible veteran participates in the pilot program. (II) Amount \nThe amount of the additional assistance specified in this subclause is an amount, paid to the eligible veteran on a monthly basis, equal to the product obtained by multiplying— (aa) the monthly amount of the basic allowance for housing payable under section 403 of title 37, United States Code, for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP Code area in which is located the residence of the eligible veteran (similar to the calculation made under section 3313(c)(1)(B)(i)(I) of title 38, United States Code); by— (bb) (AA) in the case of an eligible veteran who, as of the date on which the eligible veteran applies for a grant under this subsection, has no employment other than the qualifying business enterprise for which the eligible veteran seeks a grant under this subsection, 1; or (BB) in the case of an eligible veteran who is not described in subitem (AA), 0.5. (iv) Training assistance \nUpon application by an eligible veteran receiving a grant under the pilot program, the Administrator may pay for the cost, if applicable, of an approved program described in paragraph (3)(B)(viii). (B) Disbursement \nThe amount of a grant made under the pilot program shall be disbursed to an eligible veteran— (i) in installments, in accordance with the procedures described in subparagraph (C); (ii) only after the eligible veteran presents documentation proving that the eligible veteran has completed the required entrepreneurship training described in paragraphs (3)(A) and (3)(B); and (iii) only after the business plan of the eligible veteran has been approved under the procedures described in paragraph (3)(C)(ii). (C) Installment payments \nThe amount described in subparagraph (A)(ii) shall be paid to the eligible veteran in installments on a pro rata basis with each installment being paid to the eligible veteran— (i) not earlier than 3 months after the date of the payment of the most recent installment to the eligible veteran; (ii) not later than 12 months after the date of the payment of the most recent installment to the eligible veteran; and (iii) only after the eligible veteran has met milestones established in the business plan of the eligible veteran. (5) Use of grant amounts \nAn eligible veteran who receives a grant under the pilot program may use the amount of the grant— (A) in accordance with the limitations that the Administrator, in consultation with the Advisory Committee, may by rule establish; and (B) for purposes related to starting or acquiring a qualifying business enterprise that the Administrator, in consultation with the Advisory Committee, determines are appropriate, including— (i) purchasing goods or services necessary for the creation or operation of a qualifying business enterprise; (ii) funding a project that is directed toward any economic development objective described under section 501(d) of the Small Business Investment Act of 1958 ( 15 U.S.C. 695(d) ); and (iii) acquiring a qualifying business enterprise. (6) Report \n(A) In general \nNot later than 2 years after the date on which the pilot program is commenced, the Administrator shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Veterans’ Affairs of the Senate and the Committee on Small Business and the Committee on Veterans’ Affairs of the House of Representatives a report analyzing the feasibility and effectiveness of the pilot program. (B) Contents \nThe report submitted under subparagraph (A) shall include— (i) an assessment of the pilot program; (ii) a survey containing— (I) the number of grantees under the pilot program; and (II) the number of the grantees under the pilot program that participated in each of the training programs described in subparagraphs (A) and (B) of paragraph (3); (iii) recommendations regarding whether any aspect of the pilot program should be made a permanent authority, and, if so, the means to ensure— (I) geographic and demographic diversity among the eligible veterans who receive the grants under the permanent authority; and (II) diversity in the types of qualifying business enterprises for which eligible veterans may receive grants under the pilot program; (iv) an assessment regarding whether the grants distributed under the pilot program should continue to be made in installments or with a 1-time, lump sum payment; (v) an assessment of the additional assistance made available under the pilot program, including the accountability surrounding the availability of additional assistance; (vi) an analysis of the procedures for approving a business plan and a recommendation regarding ways, if necessary, to improve the procedures; and (vii) a recommendation regarding ways, if necessary, to improve the accountability of advisors. (7) No effect on time limitation for use of entitlement to educational assistance \nNothing in this subsection shall be construed to modify any time limitation or period during which an individual is entitled to educational assistance under chapter 30 or 33 of title 38, United States Code. (8) Definitions \nIn this subsection: (A) Advisor \nThe term advisor means a person— (i) affiliated with an entrepreneurship or training and curricula program described in paragraphs (3)(A) and (3)(B); (ii) who may assist an eligible veteran with the preparation and approval of a business plan; and (iii) who is approved to serve as an advisor by the Administrator, in consultation with the Advisory Committee. (B) Advisory committee \nThe term Advisory Committee means the Advisory Committee on Veterans Business Affairs established under section 203 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note). (C) Business plan \nThe term business plan means a plan prepared by an eligible veteran for the operation of a qualifying business enterprise that shall be— (i) prepared— (I) while the eligible veteran participates in an approved training program described in paragraphs (3)(A) and (3)(B); and (II) with the assistance of an advisor; and (ii) consistent with the guidelines and recommendations provided by the Business Plan Tool of the Administration. (D) Eligible veteran \nThe term eligible veteran means an individual who— (i) is— (I) a veteran; or (II) a member of the Armed Forces who— (aa) is currently retiring or separating from the Armed Forces and has a service approved retirement or separation packet; or (bb) has last been honorably discharged from active duty service in the Armed Forces; (ii) has completed not less than— (I) 36 months of active duty service in the Armed Forces (other than active duty service for training); or (II) 24 months of active duty service in the Armed Forces (other than active duty service for training) before being discharged or separated for a service-connected disability, as that term is defined in section 101 of title 38, United States Code; and (iii) is entitled to educational assistance under chapter 30 or 33 of title 38, United States Code. (E) Franchise business enterprise \nThe term franchise business enterprise means any continuing commercial relationship or arrangement, regardless of the title given the relationship or arrangement, under which the terms of the offer or contract specify, or the franchise seller promises or represents, orally or in writing, that— (i) the franchisee will obtain the right to— (I) operate a business that is identified or associated with the trademark of the franchisor; or (II) offer, sell, or distribute goods, services, or commodities that are identified or associated with the trademark of the franchisor; (ii) the franchisor may— (I) exert, or has authority to exert, a significant degree of control over the method of operation of the franchisee; or (II) provide significant assistance in the method of operation of the franchisee; and (iii) as a condition of obtaining or commencing operation of the franchise business enterprise, the franchisee makes a required payment or commits to make a required payment to the franchisor or the affiliate of the franchisor. (F) Franchisee \nThe term franchisee means any person who is granted a franchise business enterprise. (G) Franchisor \nThe term franchisor — (i) means any person who grants a franchise business enterprise and participates in the franchise relationship; and (ii) includes subfranchisors. (H) Pilot program \nThe term pilot program means the pilot program established under paragraph (1)(A). (I) Qualifying business enterprise \nThe term qualifying business enterprise means a business included in the list of categories of business enterprises established under paragraph (1)(C). (J) Startup \nThe term startup means a business enterprise that— (i) is not yet in existence; or (ii) has been in existence for not more than 5 years. (K) Subfranchisor \nThe term subfranchisor means a person who functions as a franchisor by engaging in both pre-sale activities and post-sale performance..", "id": "H01FC16AD3D9C48B19E24FD189EE39569", "header": null, "nested": [], "links": [ { "text": "15 U.S.C. 657b", "legal-doc": "usc", "parsable-cite": "usc/15/657b" }, { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/33" }, { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" }, { "text": "15 U.S.C. 695(d)", "legal-doc": "usc", "parsable-cite": "usc/15/695" }, { "text": "15 U.S.C. 657b", "legal-doc": "usc", "parsable-cite": "usc/15/657b" } ] } ], "links": [ { "text": "15 U.S.C. 657b", "legal-doc": "usc", "parsable-cite": "usc/15/657b" }, { "text": "chapter 33", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/33" }, { "text": "chapter 30", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/30" }, { "text": "15 U.S.C. 695(d)", "legal-doc": "usc", "parsable-cite": "usc/15/695" }, { "text": "15 U.S.C. 657b", "legal-doc": "usc", "parsable-cite": "usc/15/657b" } ] } ]
2
1. Short title This Act may be cited as the Veterans Entrepreneurship Act of 2023. 2. Veterans small business entrepreneurship pilot program Section 32 of the Small Business Act ( 15 U.S.C. 657b ) is amended by adding at the end the following: (h) Veterans small business entrepreneurship pilot program (1) Pilot program required (A) In general Not later than 90 days after the date of enactment of this subsection, the Administrator, in consultation with the Advisory Committee and the Secretary of Veterans Affairs, shall begin carrying out a pilot program to assess the feasibility and advisability of making grants to eligible veterans to start or acquire a qualifying business enterprise. (B) Promotion of efficiency In carrying out the pilot program, the Administrator shall ensure, to the maximum extent practicable, that the pilot program promotes efficiency, accountability, and competition. (C) List of categories of business enterprises The Administrator, in consultation with the Advisory Committee, shall by rule establish a list of categories of business enterprises that the Administrator determines to be qualifying business enterprises for purposes of the pilot program, which shall include— (i) a small business concern; (ii) a franchise business enterprise; and (iii) any other category of business enterprise that the Administrator, in consultation with the Advisory Committee, determines is appropriate and in accordance with the purposes of the pilot program. (D) Number of grants Under the pilot program, the Administrator may make grants in accordance with paragraph (4) to not more than 250 eligible veterans to start or acquire a qualifying business enterprise. (E) Geographic diversity In making grants under the pilot program, the Administrator shall ensure geographic diversity among the veterans who receive the grants. (F) Duration The Administrator shall carry out the pilot program during the 3-year period beginning on the date on which the Administrator begins carrying out the pilot program. (2) Application (A) In general An eligible veteran desiring a grant under the pilot program shall submit an application— (i) to the Administrator in the form and containing the information as the Administrator may require, including the information described in subparagraph (B); and (ii) not later than 1 year before the date on which the pilot program terminates under paragraph (1)(F). (B) Documentation requirements The Administrator, in considering an application from an eligible veteran for a grant under the pilot program, may not approve the application unless the application includes the following: (i) A description of the use of the grant amount, including an identification and description of the qualifying business enterprise. (ii) A description of the expected return on investment resulting from the grant amounts. (iii) A certification that the eligible veteran applying for the grant— (I) shall complete the education and training relevant to the ownership and operation of the qualifying business enterprise described in paragraphs (3)(A) and (3)(B); and (II) understands that the eligible veteran may not receive amounts under a grant under the pilot program until after the eligible veteran has completed the required education and training relevant to the ownership and operation of the qualifying business enterprise described in paragraphs (3)(A) and (3)(B). (iv) Such certifications as the Administrator, in consultation with the Advisory Committee, shall by rule require, including— (I) for a business enterprise in operation on the date of the application, evidence that the Administrator, in consultation with the Advisory Committee, determines appropriate of— (aa) good standing; (bb) profitable operation; and (cc) guarantees relating to the purchase of the enterprise; (II) for a franchise business enterprise, evidence that the Administrator, in consultation with the Advisory Committee, determines appropriate of— (aa) compliance with applicable State and Federal laws on franchises; and (bb) training in conformation with the industry standard; and (III) for a startup, or an enterprise that is otherwise not in operation at the time of the application, a proposal for the operation of that enterprise that leads to profitable operation within a reasonable time frame. (v) A certification that the eligible veteran applying for the grant understands that the eligible veteran may not receive amounts under the grant until after the business plan of the eligible veteran has been approved under the procedures described in paragraph (3)(C)(ii). (vi) A certification that the eligible veteran— (I) has been truthful about the employment status of the eligible veteran; and (II) understands that the eligible veteran will be prohibited from participating in the pilot program if the certification described in subclause (I) is determined to be untrue. (C) Group applications The Administrator may authorize a group of eligible veterans to apply as a group under the pilot program. The group shall be treated as a single eligible veteran under the pilot program, except that the maximum amount of the grant shall be calculated by multiplying the maximum amount under paragraph (4)(A) by the number of members of the group. (3) Entrepreneurship training (A) In general Each eligible veteran receiving a grant under the pilot program shall complete an entrepreneurship readiness program approved by the Administrator that is designed to prepare the eligible veteran for, and lead to the immediate subsequent ownership and management by the eligible veteran of, a qualifying business enterprise. (B) Approved programs An approved program described in subparagraph (A) may include a program— (i) available through a small business development center; (ii) approved by the Administrator for entrepreneurship training; (iii) approved by the Secretary of Veterans Affairs for entrepreneurship training; (iv) available through the Transition Assistance Program of the Department of Defense; (v) available through a women’s business center, as described in section 29; (vi) available through a Veterans Business Outreach Center, as described in subsection (d); (vii) available through the SCORE program authorized by section 8(b)(1); or (viii) approved by the Administrator, in consultation with the Advisory Committee, as appropriate because of the expertise the program offers relating to a certain type of business enterprise. (C) Business plan (i) Contents An eligible veteran receiving a grant under the pilot program shall prepare a business plan, which shall include— (I) a description of how the qualifying business enterprise will achieve profitable operation within a reasonable time frame; (II) an assessment of relevant— (aa) economic indicators; (bb) consumer data; (cc) production and sales data; and (dd) market or industry analysis; and (III) other information that the Administrator, in consultation with the Advisory Committee, determines is appropriate. (ii) Approval procedure (I) Approval by advisor If an advisor approves the business plan prepared by the eligible veteran, the Associate Administrator for Veterans Business Development of the Administration— (aa) shall review the business plan; and (bb) may reverse the approval of the business plan and require that the eligible veteran continue to consult with the advisor to develop and resubmit the business plan. (II) Disapproval by advisor If an advisor does not approve the business plan prepared by an eligible veteran, the Associate Administrator for Veterans Business Development of the Administration, upon appeal by the eligible veteran, may reverse the decision of the advisor and approve the business plan. (4) Grant terms and conditions (A) Maximum grant amount and additional assistance (i) In general Subject to paragraph (2)(C), the maximum amount that an eligible veteran may receive under the pilot program shall not exceed an amount equal to the sum of— (I) the maximum grant amount specified in clause (ii); (II) the amount equal to the product obtained by multiplying— (aa) the amount of additional assistance to which the eligible veteran is entitled under clause (iii)(II); by (bb) the number of months that the eligible veteran participates in the pilot program; and (III) the amount of training assistance received by the eligible veteran in clause (iv). (ii) Maximum grant amount The maximum grant amount specified in this clause is the following: (I) In the case of an eligible veteran entitled to educational assistance under chapter 33 of title 38, United States Code, the amount equal to the product obtained by multiplying— (aa) the number of months of educational assistance to which the eligible veteran is entitled on the date that the eligible veteran submits an application; by (bb) the pro rata monthly rate of the amount that the eligible veteran is entitled to under paragraph (1)(A)(ii)(II) of section 3313(c) of that title, subject to paragraphs (2) through (7) of that section. (II) In the case of an eligible veteran entitled to educational assistance under chapter 30 of title 38, United States Code, the amount equal to the product obtained by multiplying— (aa) the number of months of educational assistance to which the eligible veteran is entitled on the date that the eligible veteran submits an application; by (bb) the rate in effect under section 3015(a)(1) of that title. (iii) Additional assistance (I) Period of eligibility An eligible veteran shall receive the amount described in subclause (II) for each month that the eligible veteran participates in the pilot program. (II) Amount The amount of the additional assistance specified in this subclause is an amount, paid to the eligible veteran on a monthly basis, equal to the product obtained by multiplying— (aa) the monthly amount of the basic allowance for housing payable under section 403 of title 37, United States Code, for a member with dependents in pay grade E–5 residing in the military housing area that encompasses all or the majority portion of the ZIP Code area in which is located the residence of the eligible veteran (similar to the calculation made under section 3313(c)(1)(B)(i)(I) of title 38, United States Code); by— (bb) (AA) in the case of an eligible veteran who, as of the date on which the eligible veteran applies for a grant under this subsection, has no employment other than the qualifying business enterprise for which the eligible veteran seeks a grant under this subsection, 1; or (BB) in the case of an eligible veteran who is not described in subitem (AA), 0.5. (iv) Training assistance Upon application by an eligible veteran receiving a grant under the pilot program, the Administrator may pay for the cost, if applicable, of an approved program described in paragraph (3)(B)(viii). (B) Disbursement The amount of a grant made under the pilot program shall be disbursed to an eligible veteran— (i) in installments, in accordance with the procedures described in subparagraph (C); (ii) only after the eligible veteran presents documentation proving that the eligible veteran has completed the required entrepreneurship training described in paragraphs (3)(A) and (3)(B); and (iii) only after the business plan of the eligible veteran has been approved under the procedures described in paragraph (3)(C)(ii). (C) Installment payments The amount described in subparagraph (A)(ii) shall be paid to the eligible veteran in installments on a pro rata basis with each installment being paid to the eligible veteran— (i) not earlier than 3 months after the date of the payment of the most recent installment to the eligible veteran; (ii) not later than 12 months after the date of the payment of the most recent installment to the eligible veteran; and (iii) only after the eligible veteran has met milestones established in the business plan of the eligible veteran. (5) Use of grant amounts An eligible veteran who receives a grant under the pilot program may use the amount of the grant— (A) in accordance with the limitations that the Administrator, in consultation with the Advisory Committee, may by rule establish; and (B) for purposes related to starting or acquiring a qualifying business enterprise that the Administrator, in consultation with the Advisory Committee, determines are appropriate, including— (i) purchasing goods or services necessary for the creation or operation of a qualifying business enterprise; (ii) funding a project that is directed toward any economic development objective described under section 501(d) of the Small Business Investment Act of 1958 ( 15 U.S.C. 695(d) ); and (iii) acquiring a qualifying business enterprise. (6) Report (A) In general Not later than 2 years after the date on which the pilot program is commenced, the Administrator shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Veterans’ Affairs of the Senate and the Committee on Small Business and the Committee on Veterans’ Affairs of the House of Representatives a report analyzing the feasibility and effectiveness of the pilot program. (B) Contents The report submitted under subparagraph (A) shall include— (i) an assessment of the pilot program; (ii) a survey containing— (I) the number of grantees under the pilot program; and (II) the number of the grantees under the pilot program that participated in each of the training programs described in subparagraphs (A) and (B) of paragraph (3); (iii) recommendations regarding whether any aspect of the pilot program should be made a permanent authority, and, if so, the means to ensure— (I) geographic and demographic diversity among the eligible veterans who receive the grants under the permanent authority; and (II) diversity in the types of qualifying business enterprises for which eligible veterans may receive grants under the pilot program; (iv) an assessment regarding whether the grants distributed under the pilot program should continue to be made in installments or with a 1-time, lump sum payment; (v) an assessment of the additional assistance made available under the pilot program, including the accountability surrounding the availability of additional assistance; (vi) an analysis of the procedures for approving a business plan and a recommendation regarding ways, if necessary, to improve the procedures; and (vii) a recommendation regarding ways, if necessary, to improve the accountability of advisors. (7) No effect on time limitation for use of entitlement to educational assistance Nothing in this subsection shall be construed to modify any time limitation or period during which an individual is entitled to educational assistance under chapter 30 or 33 of title 38, United States Code. (8) Definitions In this subsection: (A) Advisor The term advisor means a person— (i) affiliated with an entrepreneurship or training and curricula program described in paragraphs (3)(A) and (3)(B); (ii) who may assist an eligible veteran with the preparation and approval of a business plan; and (iii) who is approved to serve as an advisor by the Administrator, in consultation with the Advisory Committee. (B) Advisory committee The term Advisory Committee means the Advisory Committee on Veterans Business Affairs established under section 203 of the Veterans Entrepreneurship and Small Business Development Act of 1999 ( 15 U.S.C. 657b note). (C) Business plan The term business plan means a plan prepared by an eligible veteran for the operation of a qualifying business enterprise that shall be— (i) prepared— (I) while the eligible veteran participates in an approved training program described in paragraphs (3)(A) and (3)(B); and (II) with the assistance of an advisor; and (ii) consistent with the guidelines and recommendations provided by the Business Plan Tool of the Administration. (D) Eligible veteran The term eligible veteran means an individual who— (i) is— (I) a veteran; or (II) a member of the Armed Forces who— (aa) is currently retiring or separating from the Armed Forces and has a service approved retirement or separation packet; or (bb) has last been honorably discharged from active duty service in the Armed Forces; (ii) has completed not less than— (I) 36 months of active duty service in the Armed Forces (other than active duty service for training); or (II) 24 months of active duty service in the Armed Forces (other than active duty service for training) before being discharged or separated for a service-connected disability, as that term is defined in section 101 of title 38, United States Code; and (iii) is entitled to educational assistance under chapter 30 or 33 of title 38, United States Code. (E) Franchise business enterprise The term franchise business enterprise means any continuing commercial relationship or arrangement, regardless of the title given the relationship or arrangement, under which the terms of the offer or contract specify, or the franchise seller promises or represents, orally or in writing, that— (i) the franchisee will obtain the right to— (I) operate a business that is identified or associated with the trademark of the franchisor; or (II) offer, sell, or distribute goods, services, or commodities that are identified or associated with the trademark of the franchisor; (ii) the franchisor may— (I) exert, or has authority to exert, a significant degree of control over the method of operation of the franchisee; or (II) provide significant assistance in the method of operation of the franchisee; and (iii) as a condition of obtaining or commencing operation of the franchise business enterprise, the franchisee makes a required payment or commits to make a required payment to the franchisor or the affiliate of the franchisor. (F) Franchisee The term franchisee means any person who is granted a franchise business enterprise. (G) Franchisor The term franchisor — (i) means any person who grants a franchise business enterprise and participates in the franchise relationship; and (ii) includes subfranchisors. (H) Pilot program The term pilot program means the pilot program established under paragraph (1)(A). (I) Qualifying business enterprise The term qualifying business enterprise means a business included in the list of categories of business enterprises established under paragraph (1)(C). (J) Startup The term startup means a business enterprise that— (i) is not yet in existence; or (ii) has been in existence for not more than 5 years. (K) Subfranchisor The term subfranchisor means a person who functions as a franchisor by engaging in both pre-sale activities and post-sale performance..
18,711
[ "Small Business Committee" ]
118hr1010ih
118
hr
1,010
ih
To prohibit the implementation of new requirements to report bank account deposits and withdrawals.
[ { "text": "1. Short title \nThis Act may be cited as the Prohibiting IRS Financial Surveillance Act.", "id": "H88B7875B667845819723EAF0AA314278", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on new requirements to report bank account deposits and withdrawals \nThe Secretary of the Treasury (including any delegate of the Secretary) may not require any financial institution to report the inflows or out-flows (or any similar amount, whether on a transaction or aggregate basis) of any account maintained by such institution, except to the extent that such reporting is required under any program, or other provision of law, as in effect on January 1, 2023.", "id": "HC9915D9F8A674516ADC544BB3929785B", "header": "Prohibition on new requirements to report bank account deposits and withdrawals", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Prohibiting IRS Financial Surveillance Act. 2. Prohibition on new requirements to report bank account deposits and withdrawals The Secretary of the Treasury (including any delegate of the Secretary) may not require any financial institution to report the inflows or out-flows (or any similar amount, whether on a transaction or aggregate basis) of any account maintained by such institution, except to the extent that such reporting is required under any program, or other provision of law, as in effect on January 1, 2023.
569
[ "Financial Services Committee" ]
118hr4815ih
118
hr
4,815
ih
To amend the Food and Nutrition Act of 2008 to expand the medical expense deduction, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Bridging the SNAP Gap Act of 2023.", "id": "H48F33669B7FF4337A3E9973E7C27DAB6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Age for exclusions from income \nSection 5(d)(7) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d)(7) ) is amended by striking 17 and inserting 21.", "id": "HA5375EAD6CBE42C48EC369A5BC4232BD", "header": "Age for exclusions from income", "nested": [], "links": [ { "text": "7 U.S.C. 2014(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/7/2014" } ] }, { "text": "3. Standard medical expense deduction \nSection 5(e)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(5) ) is amended— (1) in the paragraph heading, by striking Excess and inserting Standard ; (2) in subparagraph (A)— (A) by striking containing an elderly or disabled member ; (B) by striking excess and inserting standard ; and (C) by striking incurred by the elderly or disabled member, ; (3) in subparagraph (B)— (A) in clause (i), by striking excess and inserting standard ; and (B) in clause (ii)(I), by striking eligible elderly or disabled ; and (4) by adding at the end the following: (D) Standard medical expense deduction amount \n(i) In general \nExcept as provided in clause (ii), the standard medical expense deduction under subparagraph (A) shall be, with respect to a fiscal year, equal to the monthly premium rate determined under section 1839(a)(3) of the Social Security Act ( 42 U.S.C. 1395r(a)(3) ) that is applicable on October 1 of that fiscal year. (ii) Exception \nFor any fiscal year, a State agency may establish a greater standard medical expense deduction than described in clause (i) if the greater deduction satisfies cost neutrality standards established by the Secretary for that fiscal year..", "id": "H19E0508024C34E81B2F9F9D894FC2330", "header": "Standard medical expense deduction", "nested": [], "links": [ { "text": "7 U.S.C. 2014(e)(5)", "legal-doc": "usc", "parsable-cite": "usc/7/2014" }, { "text": "42 U.S.C. 1395r(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/1395r" } ] } ]
3
1. Short title This Act may be cited as the Bridging the SNAP Gap Act of 2023. 2. Age for exclusions from income Section 5(d)(7) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(d)(7) ) is amended by striking 17 and inserting 21. 3. Standard medical expense deduction Section 5(e)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(5) ) is amended— (1) in the paragraph heading, by striking Excess and inserting Standard ; (2) in subparagraph (A)— (A) by striking containing an elderly or disabled member ; (B) by striking excess and inserting standard ; and (C) by striking incurred by the elderly or disabled member, ; (3) in subparagraph (B)— (A) in clause (i), by striking excess and inserting standard ; and (B) in clause (ii)(I), by striking eligible elderly or disabled ; and (4) by adding at the end the following: (D) Standard medical expense deduction amount (i) In general Except as provided in clause (ii), the standard medical expense deduction under subparagraph (A) shall be, with respect to a fiscal year, equal to the monthly premium rate determined under section 1839(a)(3) of the Social Security Act ( 42 U.S.C. 1395r(a)(3) ) that is applicable on October 1 of that fiscal year. (ii) Exception For any fiscal year, a State agency may establish a greater standard medical expense deduction than described in clause (i) if the greater deduction satisfies cost neutrality standards established by the Secretary for that fiscal year..
1,469
[ "Agriculture Committee" ]
118hr185pcs
118
hr
185
pcs
To terminate the requirement imposed by the Director of the Centers for Disease Control and Prevention for proof of COVID–19 vaccination for foreign travelers, and for other purposes.
[ { "text": "1. Terminating CDC requirement for proof of COVID–19 vaccination for foreign travelers \n(a) In general \nBeginning on the date of the enactment of this Act, the air travel vaccination requirement for foreign travelers shall have no force or effect. (b) Prohibition on funding \nBeginning on the date of the enactment of this Act, no Federal funds may be used to administer, implement, or enforce the air travel vaccination requirement for foreign travelers. (c) Air travel vaccination requirement for foreign travelers \nIn this Act, the term air travel vaccination requirement for foreign travelers refers to the requirement specified in— (1) the order issued by the Director of the Centers for Disease Control and Prevention entitled Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic and published in the Federal Register on April 7, 2022 (87 Fed. Reg. 20405 et seq.), for proof of COVID–19 vaccination for air travelers who are covered individuals (as defined in such order); or (2) any successor or subsequent order of the Centers for Disease Control and Prevention requiring foreign persons traveling by air to show proof of COVID–19 vaccination as a condition on entering the United States.", "id": "H9F0D6062EE6847D7B1D81E5F47A185DD", "header": "Terminating CDC requirement for proof of COVID–19 vaccination for foreign travelers", "nested": [ { "text": "(a) In general \nBeginning on the date of the enactment of this Act, the air travel vaccination requirement for foreign travelers shall have no force or effect.", "id": "H4209F9F13B5B448A81D1C4429E2DE594", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on funding \nBeginning on the date of the enactment of this Act, no Federal funds may be used to administer, implement, or enforce the air travel vaccination requirement for foreign travelers.", "id": "H5B458F063212420F9D2674F0E931995F", "header": "Prohibition on funding", "nested": [], "links": [] }, { "text": "(c) Air travel vaccination requirement for foreign travelers \nIn this Act, the term air travel vaccination requirement for foreign travelers refers to the requirement specified in— (1) the order issued by the Director of the Centers for Disease Control and Prevention entitled Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic and published in the Federal Register on April 7, 2022 (87 Fed. Reg. 20405 et seq.), for proof of COVID–19 vaccination for air travelers who are covered individuals (as defined in such order); or (2) any successor or subsequent order of the Centers for Disease Control and Prevention requiring foreign persons traveling by air to show proof of COVID–19 vaccination as a condition on entering the United States.", "id": "H31EED121F5894BA9A387B6BFCFCCCBCE", "header": "Air travel vaccination requirement for foreign travelers", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Report \nNot later than 90 days after the date of the enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit a report to Congress on the number of visitors denied entry under the order specified in subsection (c)(1) during the period beginning on April 7, 2022, and ending on the date of the enactment of this Act.", "id": "HC9BA043087144C98AF9E2CCF067D7FE5", "header": "Report", "nested": [], "links": [] }, { "text": "3. Rule of construction \nNothing in this Act may be construed to suggest that the provisions of section 1 shall effect the order issued by the Director of the Centers for Disease Control and Prevention entitled Requirements for Negative Pre-Departure COVID–19 Test Results or Documentation of Recovery from COVID–19 for Aircraft Passengers Traveling to the United States From the People’s Republic of China and published in the Federal Register on January 5, 2023 (88 Fed. Reg. 864) for proof of negative pre-departure COVID–19 test results or documentation of recovery from COVID–19 for aircraft passengers traveling to the United States from the People’s Republic of China or departing from a designated airport if such passenger has been in the People’s Republic of China within the 10 days prior to departure for the United States.", "id": "H8F4BCB9ED8324DBD8EB43208A198C728", "header": "Rule of construction", "nested": [], "links": [] } ]
3
1. Terminating CDC requirement for proof of COVID–19 vaccination for foreign travelers (a) In general Beginning on the date of the enactment of this Act, the air travel vaccination requirement for foreign travelers shall have no force or effect. (b) Prohibition on funding Beginning on the date of the enactment of this Act, no Federal funds may be used to administer, implement, or enforce the air travel vaccination requirement for foreign travelers. (c) Air travel vaccination requirement for foreign travelers In this Act, the term air travel vaccination requirement for foreign travelers refers to the requirement specified in— (1) the order issued by the Director of the Centers for Disease Control and Prevention entitled Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic and published in the Federal Register on April 7, 2022 (87 Fed. Reg. 20405 et seq.), for proof of COVID–19 vaccination for air travelers who are covered individuals (as defined in such order); or (2) any successor or subsequent order of the Centers for Disease Control and Prevention requiring foreign persons traveling by air to show proof of COVID–19 vaccination as a condition on entering the United States. 2. Report Not later than 90 days after the date of the enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit a report to Congress on the number of visitors denied entry under the order specified in subsection (c)(1) during the period beginning on April 7, 2022, and ending on the date of the enactment of this Act. 3. Rule of construction Nothing in this Act may be construed to suggest that the provisions of section 1 shall effect the order issued by the Director of the Centers for Disease Control and Prevention entitled Requirements for Negative Pre-Departure COVID–19 Test Results or Documentation of Recovery from COVID–19 for Aircraft Passengers Traveling to the United States From the People’s Republic of China and published in the Federal Register on January 5, 2023 (88 Fed. Reg. 864) for proof of negative pre-departure COVID–19 test results or documentation of recovery from COVID–19 for aircraft passengers traveling to the United States from the People’s Republic of China or departing from a designated airport if such passenger has been in the People’s Republic of China within the 10 days prior to departure for the United States.
2,472
[ "Energy and Commerce Committee" ]
118hr3481ih
118
hr
3,481
ih
To provide paid family and medical leave benefits to certain individuals, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Family and Medical Insurance Leave Act or the FAMILY Act.", "id": "H511E9243200D4BDCA843CDE933434B47", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act, the following definitions apply: (1) Caregiving day \n(A) In general \nThe term caregiving day means, with respect to an individual, a calendar day in which the individual engaged in qualified caregiving. (B) Limitations \nAn individual may not exceed— (i) with respect to any month, 20 caregiving days; or (ii) with respect to any benefit period, 60 caregiving days. (2) Commissioner \nThe term Commissioner means the Commissioner of Social Security. (3) Deputy Commissioner \nThe term Deputy Commissioner means the Deputy Commissioner who heads the Office of Paid Family and Medical Leave established under section 3(a). (4) Eligible individual \nThe term eligible individual means an individual who is entitled to a benefit under section 4 for a particular month, upon filing an application for such benefit for such month. (5) Qualified caregiving \n(A) In general \nThe term qualified caregiving means any activity engaged in by an individual, other than regular employment, for a qualifying reason. (B) Qualifying reason \n(i) In general \nFor purposes of subparagraph (A), the term qualifying reason means any of the following reasons for taking leave: (I) Any reason for which an eligible employee would be entitled to leave under subparagraph (A), (B), or (E) of paragraph (1) of section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ). (II) In order to care for a qualified family member of the individual, if such qualified family member has a serious health condition. (III) Because of a serious health condition that makes the individual unable to perform the services required under the terms of their regular employment. (IV) In order to, as a result of domestic violence, sexual assault, or stalking— (aa) seek medical attention for the employee or the employee’s child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (bb) obtain or assist a related person described in item (aa) in obtaining services from a victim services organization; (cc) obtain or assist a related person described in item (aa) in obtaining psychological or other counseling; (dd) seek relocation; or (ee) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (ii) Qualified family member; serious health condition \nIn this subparagraph: (I) Qualified family member \nThe term qualified family member means, which respect to an individual— (aa) a spouse (including a domestic partner in a civil union or other registered domestic partnership recognized by a State) or a parent of such spouse; (bb) a child (regardless of age) or a child’s spouse; (cc) a parent or a parent’s spouse; (dd) a sibling or a sibling’s spouse; (ee) a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and (ff) any other individual who is related by blood or affinity and whose association with the employee is equivalent of a family relationship. (II) Serious health condition \nThe term serious health condition has the meaning given such term in section 101(11) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(11) ). (iii) Other definitions \nFor purposes of clause (i)(IV): (I) Child \nThe term child means, regardless of age, a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or a child of a person standing in loco parentis. (II) Domestic partner \n(aa) In general \nThe term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. (bb) Committed relationship defined \nThe term committed relationship means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. (III) Domestic violence \nThe term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. Such term also includes dating violence , as that term is defined in such section. (IV) Parent \nThe term parent means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, parent-in-law, parent of a domestic partner, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. (V) Sexual assault \nThe term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (VI) Spouse \nThe term spouse , with respect to an employee, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated. (VII) Stalking \nThe term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (VIII) Victim services organization \nThe term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process. (C) Treatment of individuals covered by legacy State comprehensive paid leave program \n(i) In general \nFor purposes of subparagraph (A), an activity engaged in by an individual shall not be considered as other than regular employment if, for the time during which the individual was so engaged, the individual is taking leave from covered employment under the law of a legacy State (as defined in section 4(c)). (ii) Unemployed \nIn the case of an individual who is no longer employed, such individual shall be treated, for purposes of clause (i), as taking leave from covered employment under the law of a legacy State (as so defined) with respect to the portion of the time during which the individual was engaged in an activity for a qualifying reason corresponding to the share of the individual’s workweek that was in covered employment under the law of a legacy State (as so defined). (6) National average wage index \nThe term national average wage index has the meaning given such term in section 209(k)(1) of the Social Security Act ( 42 U.S.C. 409(k)(1) ). (7) Self-employment income \nThe term self-employment income has the same meaning as such term in section 211(b) of such Act ( 42 U.S.C. 411(b) ). (8) State \nThe term State means any State of the United States or the District of Columbia or any territory or possession of the United States. (9) Wages \nThe term wages has the meaning given such term in section 3121(a) of the Internal Revenue Code of 1986 for purposes of the taxes imposed by sections 3101(b) and 3111(b) of such Code (without regard to section 3121(u)(2)(C) of such Code), except that such term also includes— (A) compensation, as defined in section 3231(e) of such Code for purposes of the Railroad Retirement Tax Act; and (B) unemployment compensation, as defined in section 85(b) of such Code.", "id": "H043C7B01D37F4077B897C20DA4267E31", "header": "Definitions", "nested": [], "links": [ { "text": "29 U.S.C. 2612(a)", "legal-doc": "usc", "parsable-cite": "usc/29/2612" }, { "text": "29 U.S.C. 2611(11)", "legal-doc": "usc", "parsable-cite": "usc/29/2611" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "42 U.S.C. 409(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/409" }, { "text": "42 U.S.C. 411(b)", "legal-doc": "usc", "parsable-cite": "usc/42/411" }, { "text": "section 3121(a)", "legal-doc": "usc", "parsable-cite": "usc/26/3121" } ] }, { "text": "3. Office of Paid Family and Medical Leave \n(a) Establishment of Office \nThere is established within the Social Security Administration an office to be known as the Office of Paid Family and Medical Leave. The Office shall be headed by a Deputy Commissioner who shall be appointed by the Commissioner. (b) Responsibilities of Deputy Commissioner \nThe Commissioner, acting through the Deputy Commissioner, shall be responsible for— (1) hiring personnel and making employment decisions with regard to such personnel; (2) issuing such regulations as may be necessary to carry out the purposes of this Act; (3) entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of the program; (4) determining eligibility for family and medical leave insurance benefits under section 4; (5) determining benefit amounts for each month of such eligibility and making timely payments of such benefits to entitled individuals in accordance with such section; (6) establishing and maintaining a system of records relating to the administration of such section; (7) preventing fraud and abuse relating to such benefits; (8) providing information on request regarding eligibility requirements, the claims process, benefit amounts, maximum benefits payable, notice requirements, nondiscrimination rights, confidentiality, coordination of leave under this Act and other laws, collective bargaining agreements, and employer policies; (9) annually providing employers a notice informing employees of the availability of such benefits; (10) annually making available to the public a report that includes the number of individuals who received such benefits, the purposes for which such benefits were received, and an analysis of utilization rates of such benefits by gender, race, ethnicity, and income levels; and (11) tailoring culturally and linguistically competent education and outreach toward increasing utilization rates of benefits under such section. (c) Availability of data \nNotwithstanding any other provision of law, the Commissioner shall make available to the Deputy Commissioner such data as the Commissioner determines necessary to enable the Deputy Commissioner to effectively carry out the responsibilities described in subsection (b).", "id": "H1FE365E65E194C2C9ACD9F57C968C205", "header": "Office of Paid Family and Medical Leave", "nested": [ { "text": "(a) Establishment of Office \nThere is established within the Social Security Administration an office to be known as the Office of Paid Family and Medical Leave. The Office shall be headed by a Deputy Commissioner who shall be appointed by the Commissioner.", "id": "H85FD53724C554672BFB2E754626CB204", "header": "Establishment of Office", "nested": [], "links": [] }, { "text": "(b) Responsibilities of Deputy Commissioner \nThe Commissioner, acting through the Deputy Commissioner, shall be responsible for— (1) hiring personnel and making employment decisions with regard to such personnel; (2) issuing such regulations as may be necessary to carry out the purposes of this Act; (3) entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of the program; (4) determining eligibility for family and medical leave insurance benefits under section 4; (5) determining benefit amounts for each month of such eligibility and making timely payments of such benefits to entitled individuals in accordance with such section; (6) establishing and maintaining a system of records relating to the administration of such section; (7) preventing fraud and abuse relating to such benefits; (8) providing information on request regarding eligibility requirements, the claims process, benefit amounts, maximum benefits payable, notice requirements, nondiscrimination rights, confidentiality, coordination of leave under this Act and other laws, collective bargaining agreements, and employer policies; (9) annually providing employers a notice informing employees of the availability of such benefits; (10) annually making available to the public a report that includes the number of individuals who received such benefits, the purposes for which such benefits were received, and an analysis of utilization rates of such benefits by gender, race, ethnicity, and income levels; and (11) tailoring culturally and linguistically competent education and outreach toward increasing utilization rates of benefits under such section.", "id": "H2A1F729856BD44C0A1D66DCDA2E96972", "header": "Responsibilities of Deputy Commissioner", "nested": [], "links": [] }, { "text": "(c) Availability of data \nNotwithstanding any other provision of law, the Commissioner shall make available to the Deputy Commissioner such data as the Commissioner determines necessary to enable the Deputy Commissioner to effectively carry out the responsibilities described in subsection (b).", "id": "H35E4FEE582014504A1F94E5CF6D26ECF", "header": "Availability of data", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Family and Medical Leave Insurance benefit payments \n(a) In general \n(1) Requirements \nEvery individual who— (A) has filed an application for a family and medical leave insurance benefit in accordance with subsection (d); (B) was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which such application is filed or within 30 days after such date; (C) has wages or self-employment income at any time during the period— (i) beginning with the most recent calendar quarter that ends at least 4 months prior to the beginning of the individual’s benefit period specified in subsection (c); and (ii) ending with the month before the month in which such benefit period begins; and (D) has at least the specified amount of wages and self-employment income during the most recent 8-calendar quarter period that ends at least 4 months prior to the beginning of the individual’s benefit period specified in subsection (c), shall be entitled to such a benefit for each month in such benefit period. (2) Specified amount \nFor purposes of paragraph (1)(D), the specified amount shall be— (A) if the benefit period begins in calendar year 2024, $2,000; and (B) if the benefit period begins in any calendar year after 2024, an amount equal to the greater of— (i) the specified amount applicable for the preceding calendar year; or (ii) an amount equal to the product of— (I) $2,000; multiplied by (II) an amount equal to the quotient of— (aa) the national average wage index for the second calendar year preceding such calendar year; divided by (bb) the national average wage index for 2022. (b) Benefit amount \n(1) In general \nExcept as otherwise provided in this subsection, the benefit amount to which an individual is entitled under this section for a month shall be an amount equal to the greater of— (A) the lesser of— (i) an amount equal to the monthly benefit rate determined under paragraph (2); and (ii) the maximum benefit amount determined under paragraph (3); and (B) the minimum benefit amount determined under paragraph (3), multiplied by the quotient (not greater than 1) obtained by dividing the number of caregiving days of the individual in such month by 20. (2) Monthly benefit rate \n(A) In general \nFor purposes of this subsection, the monthly benefit rate of an individual shall be an amount equal to the sum of— (i) 85 percent of the individual’s average monthly earnings to the extent that such earnings do not exceed the amount established for purposes of this clause by subparagraph (B); (ii) 69 percent of the individual’s average monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (i) but do not exceed the amount established for purposes of this clause by subparagraph (B); and (iii) 50 percent of the individual’s average monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii) but do not exceed the amount established for purposes of this clause by subparagraph (B). (B) Amounts established \n(i) Initial amounts \nFor individuals whose benefit period begins in calendar year 2024, the amount established for purposes of clauses (i), (ii), and (iii) of subparagraph (A) shall be $1,257, $3,500, and $6,200, respectively. (ii) Wage indexing \nFor individuals whose benefit period begins in any calendar year after 2024, each of the amounts so established shall equal the corresponding amount established for the calendar year preceding such calendar year, or, if larger, the product of the corresponding amount established with respect to the calendar year 2024 and the quotient obtained by dividing— (I) the national average wage index for the second calendar year preceding such calendar year, by (II) the national average wage index for calendar year 2022. (iii) Rounding \nEach amount established under clause (ii) for any calendar year shall be rounded to the nearest $1, except that any amount so established which is a multiple of $0.50 but not of $1 shall be rounded to the next higher $1. (C) Average monthly earnings \nFor purposes of this subsection, the average monthly earnings of an individual shall be an amount equal to 1/12 of the wages and self-employment income of the individual for the calendar year in which such wages and self-employment income are the highest among the most recent 3 calendar years. (3) Maximum and minimum benefit amounts \n(A) In general \nFor individuals who initially become eligible for family and medical leave insurance benefits in the first full calendar year after the date of enactment of this Act, the maximum monthly benefit amount and the minimum monthly benefit amount shall be $4,000 and $580, respectively. (B) Wage indexing \nFor individuals who initially become eligible for family and medical leave insurance benefits in any calendar year after such first full calendar year the maximum benefit amount and the minimum benefit amount shall be, respectively, the product of the corresponding amount determined with respect to the first calendar year under subparagraph (A) and the quotient obtained by dividing— (i) the national average wage index for the second calendar year preceding the calendar year for which the determination is made, by (ii) the national average wage index for the second calendar year preceding the first full calendar year after the date of enactment of this Act. (4) Reduction in benefit amount on account of receipt of certain benefits \nA benefit under this section for a month shall be reduced by the amount, if any, in certain benefits (as determined under regulations issued by the Commissioner) as may be otherwise received by an individual. For purposes of the preceding sentence, certain benefits include— (A) periodic benefits on account of such individual’s total or partial disability under a workmen’s compensation law or plan of the United States or a State; and (B) periodic benefits on account of an individual’s employment status under an unemployment law or plan of the United States or a State. (5) Coordination of benefit amount with certain state benefits \nA benefit received under this section shall be coordinated, in a manner determined by regulations issued by the Commissioner, with the periodic benefits received from temporary disability insurance or family leave insurance programs under any law or plan of a State, a political subdivision (as that term is used in section 218(b)(2) of the Social Security Act ( 42 U.S.C. 418(b)(2) )), or an instrumentality of two or more States (as that term is used in section 218(g) of such Act ( 42 U.S.C. 418(g) )). (c) Benefit period \n(1) In general \nExcept as provided in paragraph (2), the benefit period specified in this subsection is the 12-month period that begins on the 1st day of the 1st month in which the individual— (A) meets the criteria specified in subparagraphs (A) and (B) of subsection (a)(1); and (B) would meet the criteria specified in subparagraphs (C) and (D) of such subsection if such subparagraphs were applied by substituting such 12-month period for each reference to the individual's benefit period. (2) Retroactive benefits \nIn the case of an application for benefits under this section for qualified caregiving in which the individual was engaged at any time during the 90-day period preceding the date on which such application is submitted, the benefit period specified in this subsection shall begin on the later of— (A) the 1st day of the 1st month in which the individual engaged in such qualified caregiving; or (B) the 1st day of the 1st month that begins during such 90-day period, and shall end on the date that is 365 days after the 1st day of the benefit period. (d) Application \nAn application for a family and medical leave insurance benefit shall include— (1) a statement that the individual was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which the application is submitted or within 30 days after such date; (2) if the qualified caregiving described in the statement in paragraph (1) is engaged in by the individual because of a serious health condition (as defined in subclause (II) of section 2(5)(B)(ii)) of the individual or a qualified family member (as defined in subclause (I) of such section) of the individual, a certification, issued by the health care provider treating such serious health condition, that affirms the information specified in paragraph (1) and contains such information as the Commissioner shall specify in regulations, which shall be no more than the information that is required to be stated under section 103(b) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2613(b) ); (3) if such qualified caregiving is engaged in by the individual for any other qualifying reason (as defined in section 2(5)(B)(i)), a certification, issued by a relevant authority determined under regulations issued by the Commissioner, that affirms the circumstances giving rise to such reason; and (4) an attestation from the applicant that his or her employer has been provided with written notice of the individual’s intention to take family or medical leave, if the individual has an employer, or to the Commissioner in all other cases. (e) Ineligibility; disqualification \n(1) Ineligibility for benefit \nAn individual shall be ineligible for a benefit under this section for any month for which the individual is entitled to— (A) disability insurance benefits under section 223 of the Social Security Act ( 42 U.S.C. 423 ) or a similar permanent disability program under any law or plan of a State or political subdivision or instrumentality of a State (as such terms are used in section 218 of the Social Security Act ( 42 U.S.C. 418 )); (B) monthly insurance benefits under section 202 of such Act ( 42 U.S.C. 402 ) based on such individual's disability (as defined in section 223(d) of such Act ( 42 U.S.C. 423(d) )); or (C) benefits under title XVI of such Act ( 42 U.S.C. 1381 et seq. ) based on such individual’s status as a disabled individual (as determined under section 1614 of such Act ( 42 U.S.C. 1382c )). (2) Disqualification \nAn individual who has been convicted of a violation under section 208 of the Social Security Act ( 42 U.S.C. 408 ) or who has been found to have used false statements to secure benefits under this section, shall be ineligible for benefits under this section for a 1-year period following the date of such conviction. (f) Review of eligibility and benefit payment determinations \n(1) Eligibility determinations \n(A) In general \nThe Commissioner shall provide notice to an individual applying for benefits under this section of the initial determination of eligibility for such benefits, and the estimated benefit amount for a month in which one caregiving day of the individual occurs, as soon as practicable after the application is received. (B) Review \nAn individual may request review of an initial adverse determination with respect to such application at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. As soon as practicable after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of eligibility for benefits under this section. (2) Benefit payment determinations \n(A) In general \nThe Commissioner shall make any monthly benefit payment to an individual claiming benefits for a month under this section, or provide notice of the reason such payment will not be made if the Commissioner determines that the individual is not entitled to payment for such month, not later than 20 days after the individual’s monthly benefit claim report for such month is received. Such monthly report shall be filed with the Commissioner not later than 15 days after the end of each month. (B) Review \nIf the Commissioner determines that payment will not be made to an individual for a month, or if the Commissioner determines that payment shall be made based on a number of caregiving days in the month inconsistent with the number of caregiving days in the monthly benefit claim report of the individual for such month, the individual may request review of such determination at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. Not later than 20 days after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of payment for such month, and shall make payment to the individual of any additional amount not included in the initial payment to the individual for such month to which the Commissioner determines the individual is entitled. (3) Burden of proof \nAn application for benefits under this section and a monthly benefit claim report of an individual shall each be presumed to be true and accurate, unless the Commissioner demonstrates by a preponderance of the evidence that information contained in the application is false. (4) Definition of monthly benefit claim report \nFor purposes of this subsection, the term monthly benefit claim report means, with respect to an individual for a month, the individual’s report to the Commissioner of the number of caregiving days of the individual in such month, which shall be filed no later than 15 days after the end of each month. (5) Review \nAll final determinations of the Commissioner under this subsection shall be reviewable according to the procedures set out in section 205 of the Social Security Act ( 42 U.S.C. 405 ). (g) Relationship with State law; employer benefits \n(1) In general \nThis section does not preempt or supersede any provision of State or local law that authorizes a State or local municipality to provide paid family and medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this Act. (h) Employment and benefits protection and enforcement \n(1) Employment and benefits protection \n(A) In general \n(i) Prohibited acts \nIt shall be unlawful for any person to interfere with, restrain, deny, or retaliate against an individual because of the exercise of, or the attempt to exercise, any right provided under this section, including through— (I) discharging or in any other manner discriminating against (including retaliating against) an individual because the individual has applied for, indicated an intent to apply for, or received family and medical leave insurance benefits; or (II) using the application for or the receipt of such benefits as a negative factor in an employment action. (ii) Restoration to position \nIt shall be interference with the right of an individual for purposes of clause (i) for an employer of the individual to, upon the conclusion of any leave for which the individual received a family and medical leave insurance benefit under this section, fail to— (I) restore the individual to the position of employment held by the individual when the leave commenced; or (II) restore the individual to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (iii) Maintenance of health benefits \nIt shall be interference with the right of an individual for purposes of clause (i) for an employer of the individual to fail to maintain, for the duration of any leave for which the individual received a family and medical leave insurance benefit under this section, coverage of the individual under any group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986) at the level and under the conditions coverage would have been provided if the individual had continued in employment continuously for the duration of such leave. (B) Opposing unlawful practices \nIt shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subsection. (C) Interference with proceedings or inquiries \nIt shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual— (i) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subsection; (ii) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this section; or (iii) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this section. (D) Rebuttable presumption of retaliation \nAny adverse action (including any action described in subparagraph (C) or (D)) taken against an employee within 12 months of the employee taking any leave for which the individual received a family and medical leave insurance benefit under this section shall establish a rebuttable presumption that the action of the employer is retaliating against such employee in violation of subparagraph (A)(i). (E) Non-application for new hires \nClauses (ii) and (iii) of subparagraph (A) shall not apply to any individual during the 90-day period beginning with the day the individual begins work for an employer. (2) Civil Action by an individual \n(A) Liability \nAny person who violates paragraph (1) shall be liable to any individual employed by such person who is affected by the violation— (i) for damages equal to the sum of— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation, such as the cost of providing care, up to a sum equal to 60 calendar days of wages or salary for the individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages equal to the sum of the amount described in subclause (I) and the interest described in subclause (II), except that if a person who has violated paragraph (1) proves to the satisfaction of the court that the act or omission which violated paragraph (1) was in good faith and that the person had reasonable grounds for believing that the act or omission was not a violation of paragraph (1), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under subclauses (I) and (II), respectively; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Right of action \nAn action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any person in any Federal or State court of competent jurisdiction by any individual for and on behalf of— (i) the individual; or (ii) the individual and other individuals similarly situated. (C) Fees and costs \nThe court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (D) Limitations \nThe right provided by subparagraph (B) to bring an action by or on behalf of any individual shall terminate— (i) on the filing of a complaint by the Commissioner in an action under paragraph (5) in which restraint is sought of any further delay in the payment of the amount described in subparagraph (A)(I) to such individual by the person responsible under subparagraph (A) for the payment; or (ii) on the filing of a complaint by the Commissioner in an action under paragraph (3) in which a recovery is sought of the damages described in subparagraph (A)(I) owing to an individual by a person liable under subparagraph (A), unless the action described in clause (i) or (ii) is dismissed without prejudice on motion of the Commissioner. (3) Action by the Commissioner \n(A) Civil action \nThe Commissioner may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (2)(A)(I). (B) Sums recovered \nAny sums recovered by the Commissioner pursuant to subparagraph (A) shall be held in a special deposit account and shall be paid, on order of the Commissioner, directly to each individual affected. Any such sums not paid to an individual because of inability to do so within a period of 3 years shall be deposited into the Federal Family and Medical Leave Insurance Trust Fund. (4) Limitation \n(A) In general \nAn action may be brought under this subsection not later than 3 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Commencement \nAn action brought by the Commissioner under this subsection shall be considered to be commenced on the date when the complaint is filed. (5) Action for Injunction by Commissioner \nThe district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Commissioner— (A) to restrain violations of paragraph (1), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to an individual; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (i) Applicability of certain Social Security Act provisions \nThe provisions of sections 204, 205, 206, and 208 of the Social Security Act shall apply to benefit payments authorized by and paid out pursuant to this section in the same way that such provisions apply to benefit payments authorized by and paid out pursuant to title II of such Act. (j) Effective date for applications \nApplications described in this section may be filed beginning 18 months after the date of enactment of this Act.", "id": "H962F7A8E047441D194EAA7C59E633605", "header": "Family and Medical Leave Insurance benefit payments", "nested": [ { "text": "(a) In general \n(1) Requirements \nEvery individual who— (A) has filed an application for a family and medical leave insurance benefit in accordance with subsection (d); (B) was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which such application is filed or within 30 days after such date; (C) has wages or self-employment income at any time during the period— (i) beginning with the most recent calendar quarter that ends at least 4 months prior to the beginning of the individual’s benefit period specified in subsection (c); and (ii) ending with the month before the month in which such benefit period begins; and (D) has at least the specified amount of wages and self-employment income during the most recent 8-calendar quarter period that ends at least 4 months prior to the beginning of the individual’s benefit period specified in subsection (c), shall be entitled to such a benefit for each month in such benefit period. (2) Specified amount \nFor purposes of paragraph (1)(D), the specified amount shall be— (A) if the benefit period begins in calendar year 2024, $2,000; and (B) if the benefit period begins in any calendar year after 2024, an amount equal to the greater of— (i) the specified amount applicable for the preceding calendar year; or (ii) an amount equal to the product of— (I) $2,000; multiplied by (II) an amount equal to the quotient of— (aa) the national average wage index for the second calendar year preceding such calendar year; divided by (bb) the national average wage index for 2022.", "id": "HFE88932A719A4CABB5BF1254F7A8CA7A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Benefit amount \n(1) In general \nExcept as otherwise provided in this subsection, the benefit amount to which an individual is entitled under this section for a month shall be an amount equal to the greater of— (A) the lesser of— (i) an amount equal to the monthly benefit rate determined under paragraph (2); and (ii) the maximum benefit amount determined under paragraph (3); and (B) the minimum benefit amount determined under paragraph (3), multiplied by the quotient (not greater than 1) obtained by dividing the number of caregiving days of the individual in such month by 20. (2) Monthly benefit rate \n(A) In general \nFor purposes of this subsection, the monthly benefit rate of an individual shall be an amount equal to the sum of— (i) 85 percent of the individual’s average monthly earnings to the extent that such earnings do not exceed the amount established for purposes of this clause by subparagraph (B); (ii) 69 percent of the individual’s average monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (i) but do not exceed the amount established for purposes of this clause by subparagraph (B); and (iii) 50 percent of the individual’s average monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii) but do not exceed the amount established for purposes of this clause by subparagraph (B). (B) Amounts established \n(i) Initial amounts \nFor individuals whose benefit period begins in calendar year 2024, the amount established for purposes of clauses (i), (ii), and (iii) of subparagraph (A) shall be $1,257, $3,500, and $6,200, respectively. (ii) Wage indexing \nFor individuals whose benefit period begins in any calendar year after 2024, each of the amounts so established shall equal the corresponding amount established for the calendar year preceding such calendar year, or, if larger, the product of the corresponding amount established with respect to the calendar year 2024 and the quotient obtained by dividing— (I) the national average wage index for the second calendar year preceding such calendar year, by (II) the national average wage index for calendar year 2022. (iii) Rounding \nEach amount established under clause (ii) for any calendar year shall be rounded to the nearest $1, except that any amount so established which is a multiple of $0.50 but not of $1 shall be rounded to the next higher $1. (C) Average monthly earnings \nFor purposes of this subsection, the average monthly earnings of an individual shall be an amount equal to 1/12 of the wages and self-employment income of the individual for the calendar year in which such wages and self-employment income are the highest among the most recent 3 calendar years. (3) Maximum and minimum benefit amounts \n(A) In general \nFor individuals who initially become eligible for family and medical leave insurance benefits in the first full calendar year after the date of enactment of this Act, the maximum monthly benefit amount and the minimum monthly benefit amount shall be $4,000 and $580, respectively. (B) Wage indexing \nFor individuals who initially become eligible for family and medical leave insurance benefits in any calendar year after such first full calendar year the maximum benefit amount and the minimum benefit amount shall be, respectively, the product of the corresponding amount determined with respect to the first calendar year under subparagraph (A) and the quotient obtained by dividing— (i) the national average wage index for the second calendar year preceding the calendar year for which the determination is made, by (ii) the national average wage index for the second calendar year preceding the first full calendar year after the date of enactment of this Act. (4) Reduction in benefit amount on account of receipt of certain benefits \nA benefit under this section for a month shall be reduced by the amount, if any, in certain benefits (as determined under regulations issued by the Commissioner) as may be otherwise received by an individual. For purposes of the preceding sentence, certain benefits include— (A) periodic benefits on account of such individual’s total or partial disability under a workmen’s compensation law or plan of the United States or a State; and (B) periodic benefits on account of an individual’s employment status under an unemployment law or plan of the United States or a State. (5) Coordination of benefit amount with certain state benefits \nA benefit received under this section shall be coordinated, in a manner determined by regulations issued by the Commissioner, with the periodic benefits received from temporary disability insurance or family leave insurance programs under any law or plan of a State, a political subdivision (as that term is used in section 218(b)(2) of the Social Security Act ( 42 U.S.C. 418(b)(2) )), or an instrumentality of two or more States (as that term is used in section 218(g) of such Act ( 42 U.S.C. 418(g) )).", "id": "H6775587976074A9FA663CA6FEE7684E2", "header": "Benefit amount", "nested": [], "links": [ { "text": "42 U.S.C. 418(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/418" }, { "text": "42 U.S.C. 418(g)", "legal-doc": "usc", "parsable-cite": "usc/42/418" } ] }, { "text": "(c) Benefit period \n(1) In general \nExcept as provided in paragraph (2), the benefit period specified in this subsection is the 12-month period that begins on the 1st day of the 1st month in which the individual— (A) meets the criteria specified in subparagraphs (A) and (B) of subsection (a)(1); and (B) would meet the criteria specified in subparagraphs (C) and (D) of such subsection if such subparagraphs were applied by substituting such 12-month period for each reference to the individual's benefit period. (2) Retroactive benefits \nIn the case of an application for benefits under this section for qualified caregiving in which the individual was engaged at any time during the 90-day period preceding the date on which such application is submitted, the benefit period specified in this subsection shall begin on the later of— (A) the 1st day of the 1st month in which the individual engaged in such qualified caregiving; or (B) the 1st day of the 1st month that begins during such 90-day period, and shall end on the date that is 365 days after the 1st day of the benefit period.", "id": "H2CC438EDB9FD4A93A79C476E80060C83", "header": "Benefit period", "nested": [], "links": [] }, { "text": "(d) Application \nAn application for a family and medical leave insurance benefit shall include— (1) a statement that the individual was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which the application is submitted or within 30 days after such date; (2) if the qualified caregiving described in the statement in paragraph (1) is engaged in by the individual because of a serious health condition (as defined in subclause (II) of section 2(5)(B)(ii)) of the individual or a qualified family member (as defined in subclause (I) of such section) of the individual, a certification, issued by the health care provider treating such serious health condition, that affirms the information specified in paragraph (1) and contains such information as the Commissioner shall specify in regulations, which shall be no more than the information that is required to be stated under section 103(b) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2613(b) ); (3) if such qualified caregiving is engaged in by the individual for any other qualifying reason (as defined in section 2(5)(B)(i)), a certification, issued by a relevant authority determined under regulations issued by the Commissioner, that affirms the circumstances giving rise to such reason; and (4) an attestation from the applicant that his or her employer has been provided with written notice of the individual’s intention to take family or medical leave, if the individual has an employer, or to the Commissioner in all other cases.", "id": "HEECB11E1A6DC4DB09D8C7E737BE1DD34", "header": "Application", "nested": [], "links": [ { "text": "29 U.S.C. 2613(b)", "legal-doc": "usc", "parsable-cite": "usc/29/2613" } ] }, { "text": "(e) Ineligibility; disqualification \n(1) Ineligibility for benefit \nAn individual shall be ineligible for a benefit under this section for any month for which the individual is entitled to— (A) disability insurance benefits under section 223 of the Social Security Act ( 42 U.S.C. 423 ) or a similar permanent disability program under any law or plan of a State or political subdivision or instrumentality of a State (as such terms are used in section 218 of the Social Security Act ( 42 U.S.C. 418 )); (B) monthly insurance benefits under section 202 of such Act ( 42 U.S.C. 402 ) based on such individual's disability (as defined in section 223(d) of such Act ( 42 U.S.C. 423(d) )); or (C) benefits under title XVI of such Act ( 42 U.S.C. 1381 et seq. ) based on such individual’s status as a disabled individual (as determined under section 1614 of such Act ( 42 U.S.C. 1382c )). (2) Disqualification \nAn individual who has been convicted of a violation under section 208 of the Social Security Act ( 42 U.S.C. 408 ) or who has been found to have used false statements to secure benefits under this section, shall be ineligible for benefits under this section for a 1-year period following the date of such conviction.", "id": "H60F0825FEBFF4C228ADF74B823A9E194", "header": "Ineligibility; disqualification", "nested": [], "links": [ { "text": "42 U.S.C. 423", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 418", "legal-doc": "usc", "parsable-cite": "usc/42/418" }, { "text": "42 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 423(d)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" }, { "text": "42 U.S.C. 1382c", "legal-doc": "usc", "parsable-cite": "usc/42/1382c" }, { "text": "42 U.S.C. 408", "legal-doc": "usc", "parsable-cite": "usc/42/408" } ] }, { "text": "(f) Review of eligibility and benefit payment determinations \n(1) Eligibility determinations \n(A) In general \nThe Commissioner shall provide notice to an individual applying for benefits under this section of the initial determination of eligibility for such benefits, and the estimated benefit amount for a month in which one caregiving day of the individual occurs, as soon as practicable after the application is received. (B) Review \nAn individual may request review of an initial adverse determination with respect to such application at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. As soon as practicable after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of eligibility for benefits under this section. (2) Benefit payment determinations \n(A) In general \nThe Commissioner shall make any monthly benefit payment to an individual claiming benefits for a month under this section, or provide notice of the reason such payment will not be made if the Commissioner determines that the individual is not entitled to payment for such month, not later than 20 days after the individual’s monthly benefit claim report for such month is received. Such monthly report shall be filed with the Commissioner not later than 15 days after the end of each month. (B) Review \nIf the Commissioner determines that payment will not be made to an individual for a month, or if the Commissioner determines that payment shall be made based on a number of caregiving days in the month inconsistent with the number of caregiving days in the monthly benefit claim report of the individual for such month, the individual may request review of such determination at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. Not later than 20 days after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of payment for such month, and shall make payment to the individual of any additional amount not included in the initial payment to the individual for such month to which the Commissioner determines the individual is entitled. (3) Burden of proof \nAn application for benefits under this section and a monthly benefit claim report of an individual shall each be presumed to be true and accurate, unless the Commissioner demonstrates by a preponderance of the evidence that information contained in the application is false. (4) Definition of monthly benefit claim report \nFor purposes of this subsection, the term monthly benefit claim report means, with respect to an individual for a month, the individual’s report to the Commissioner of the number of caregiving days of the individual in such month, which shall be filed no later than 15 days after the end of each month. (5) Review \nAll final determinations of the Commissioner under this subsection shall be reviewable according to the procedures set out in section 205 of the Social Security Act ( 42 U.S.C. 405 ).", "id": "H20CD33B566E44936A1A8CBFF4B958BBB", "header": "Review of eligibility and benefit payment determinations", "nested": [], "links": [ { "text": "42 U.S.C. 405", "legal-doc": "usc", "parsable-cite": "usc/42/405" } ] }, { "text": "(g) Relationship with State law; employer benefits \n(1) In general \nThis section does not preempt or supersede any provision of State or local law that authorizes a State or local municipality to provide paid family and medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed \nNothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this Act.", "id": "HEB5B94F5ACD44CAFA5FE5A11332D6281", "header": "Relationship with State law; employer benefits", "nested": [], "links": [] }, { "text": "(h) Employment and benefits protection and enforcement \n(1) Employment and benefits protection \n(A) In general \n(i) Prohibited acts \nIt shall be unlawful for any person to interfere with, restrain, deny, or retaliate against an individual because of the exercise of, or the attempt to exercise, any right provided under this section, including through— (I) discharging or in any other manner discriminating against (including retaliating against) an individual because the individual has applied for, indicated an intent to apply for, or received family and medical leave insurance benefits; or (II) using the application for or the receipt of such benefits as a negative factor in an employment action. (ii) Restoration to position \nIt shall be interference with the right of an individual for purposes of clause (i) for an employer of the individual to, upon the conclusion of any leave for which the individual received a family and medical leave insurance benefit under this section, fail to— (I) restore the individual to the position of employment held by the individual when the leave commenced; or (II) restore the individual to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (iii) Maintenance of health benefits \nIt shall be interference with the right of an individual for purposes of clause (i) for an employer of the individual to fail to maintain, for the duration of any leave for which the individual received a family and medical leave insurance benefit under this section, coverage of the individual under any group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986) at the level and under the conditions coverage would have been provided if the individual had continued in employment continuously for the duration of such leave. (B) Opposing unlawful practices \nIt shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subsection. (C) Interference with proceedings or inquiries \nIt shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual— (i) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subsection; (ii) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this section; or (iii) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this section. (D) Rebuttable presumption of retaliation \nAny adverse action (including any action described in subparagraph (C) or (D)) taken against an employee within 12 months of the employee taking any leave for which the individual received a family and medical leave insurance benefit under this section shall establish a rebuttable presumption that the action of the employer is retaliating against such employee in violation of subparagraph (A)(i). (E) Non-application for new hires \nClauses (ii) and (iii) of subparagraph (A) shall not apply to any individual during the 90-day period beginning with the day the individual begins work for an employer. (2) Civil Action by an individual \n(A) Liability \nAny person who violates paragraph (1) shall be liable to any individual employed by such person who is affected by the violation— (i) for damages equal to the sum of— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation, such as the cost of providing care, up to a sum equal to 60 calendar days of wages or salary for the individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages equal to the sum of the amount described in subclause (I) and the interest described in subclause (II), except that if a person who has violated paragraph (1) proves to the satisfaction of the court that the act or omission which violated paragraph (1) was in good faith and that the person had reasonable grounds for believing that the act or omission was not a violation of paragraph (1), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under subclauses (I) and (II), respectively; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Right of action \nAn action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any person in any Federal or State court of competent jurisdiction by any individual for and on behalf of— (i) the individual; or (ii) the individual and other individuals similarly situated. (C) Fees and costs \nThe court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (D) Limitations \nThe right provided by subparagraph (B) to bring an action by or on behalf of any individual shall terminate— (i) on the filing of a complaint by the Commissioner in an action under paragraph (5) in which restraint is sought of any further delay in the payment of the amount described in subparagraph (A)(I) to such individual by the person responsible under subparagraph (A) for the payment; or (ii) on the filing of a complaint by the Commissioner in an action under paragraph (3) in which a recovery is sought of the damages described in subparagraph (A)(I) owing to an individual by a person liable under subparagraph (A), unless the action described in clause (i) or (ii) is dismissed without prejudice on motion of the Commissioner. (3) Action by the Commissioner \n(A) Civil action \nThe Commissioner may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (2)(A)(I). (B) Sums recovered \nAny sums recovered by the Commissioner pursuant to subparagraph (A) shall be held in a special deposit account and shall be paid, on order of the Commissioner, directly to each individual affected. Any such sums not paid to an individual because of inability to do so within a period of 3 years shall be deposited into the Federal Family and Medical Leave Insurance Trust Fund. (4) Limitation \n(A) In general \nAn action may be brought under this subsection not later than 3 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Commencement \nAn action brought by the Commissioner under this subsection shall be considered to be commenced on the date when the complaint is filed. (5) Action for Injunction by Commissioner \nThe district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Commissioner— (A) to restrain violations of paragraph (1), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to an individual; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.", "id": "HDD2CD5796C024FECA7084DD2BD81543C", "header": "Employment and benefits protection and enforcement", "nested": [], "links": [ { "text": "section 5000(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/5000" } ] }, { "text": "(i) Applicability of certain Social Security Act provisions \nThe provisions of sections 204, 205, 206, and 208 of the Social Security Act shall apply to benefit payments authorized by and paid out pursuant to this section in the same way that such provisions apply to benefit payments authorized by and paid out pursuant to title II of such Act.", "id": "H2CA67082B9A04E57BA8CFCC1C1258A1C", "header": "Applicability of certain Social Security Act provisions", "nested": [], "links": [] }, { "text": "(j) Effective date for applications \nApplications described in this section may be filed beginning 18 months after the date of enactment of this Act.", "id": "H2B11A8B5F02144C1935F1507BC2DE3BA", "header": "Effective date for applications", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 418(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/418" }, { "text": "42 U.S.C. 418(g)", "legal-doc": "usc", "parsable-cite": "usc/42/418" }, { "text": "29 U.S.C. 2613(b)", "legal-doc": "usc", "parsable-cite": "usc/29/2613" }, { "text": "42 U.S.C. 423", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 418", "legal-doc": "usc", "parsable-cite": "usc/42/418" }, { "text": "42 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/42/402" }, { "text": "42 U.S.C. 423(d)", "legal-doc": "usc", "parsable-cite": "usc/42/423" }, { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" }, { "text": "42 U.S.C. 1382c", "legal-doc": "usc", "parsable-cite": "usc/42/1382c" }, { "text": "42 U.S.C. 408", "legal-doc": "usc", "parsable-cite": "usc/42/408" }, { "text": "42 U.S.C. 405", "legal-doc": "usc", "parsable-cite": "usc/42/405" }, { "text": "section 5000(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/5000" } ] }, { "text": "5. Funding for State administration option for legacy States \n(a) In general \n(1) Payments to legacy States \nIn each calendar year beginning with calendar year 2025, the Commissioner shall make a grant to each State that, for the calendar year preceding such calendar year, was a legacy State and that met the data sharing requirements of subsection (e), in an amount equal to the lesser of— (A) an amount, as estimated by the Commissioner, equal to the total amount of comprehensive paid leave benefits that would have been paid under section 4 (including the costs to the Commissioner to administer such benefits, not to exceed (for purposes of estimating such total amount under this subparagraph) 7 percent of the total amount of such benefits paid) to individuals who received paid family and medical leave benefits under a State law described in paragraph (1) or (3) of subsection (b) during the calendar year preceding such calendar year if the State had not been a legacy State for such preceding calendar year; or (B) an amount equal to the total cost of paid family and medical leave benefits under a State law described in paragraph (1) or (3) of subsection (b) for the calendar year preceding such calendar year, including— (i) any paid family and medical leave benefits provided by an employer (whether directly, under a contract with an insurer, or provided through a multiemployer plan) as described in subsection (d); and (ii) the full cost to the State of administering such law (except that such cost may not exceed 7 percent of the total amount of paid family and medical leave benefits paid under such State law). (2) Estimated payments \nIn any case in which, during any calendar year, the Commissioner has reason to believe that a State will be a legacy State and meet the data sharing requirements of subsection (e) for such calendar year, the Commissioner may make estimated payments during such calendar year of the grant which would be paid to such State in the succeeding calendar year, to be adjusted as appropriate in the succeeding calendar year. (b) Legacy State \nFor purposes of this section, the term legacy State for a calendar year means a State with respect to which the Commissioner determines that— (1) the State has enacted, not later than the date of enactment of this Act, a State law that provides paid family and medical leave benefits; (2) for any calendar year that begins before the date that is 3 years after the date of enactment of this Act, the State certifies to the Commissioner that the State intends to remain a legacy State and meet the data sharing requirements of subsection (e) at least through the first calendar year that begins on or after such date; and (3) for any calendar year that begins on or after such date, a State law of the State provides for a State program to remain in effect throughout such calendar year that provides comprehensive paid family and medical leave benefits (which may be paid directly by the State or, if permitted under such State law, by an employer pursuant to such State law)— (A) for at least 12 full workweeks of leave during each 12-month period to at least all of those individuals in the State who would be eligible for comprehensive paid leave benefits under section 4 (without regard to section 2(5)(C)), except that the State shall provide such benefits for leave from employment by the State or any political subdivision thereof, and may elect to provide such benefits for leave from any other governmental employment; and (B) at a wage replacement rate that is at least equivalent to the wage replacement rate under the comprehensive paid leave benefit program under section 4 (without regard to section 2(5)(C)). (c) Covered employment under the law of a legacy State \nFor purposes of this Act, the term covered employment under the law of a legacy State means employment (or self-employment) with respect to which an individual would be eligible to receive paid family and medical benefits under the State law of a State, as described in paragraph (1) or (3) of subsection (b), during any period during which such State is a legacy State. (d) Employer-Provided benefits in a legacy State \n(1) Treatment for purposes of this title \nIn the case of a State that permits paid family and medical leave benefits to be provided by an employer (whether directly, under a contract with an insurer, or provided through a multiemployer plan) pursuant to a State law described in paragraph (1) or (3) of subsection (b)— (A) such benefits shall be considered, for all purposes under this Act, paid family and medical leave benefits under the law of a legacy State; and (B) leave for which such benefits are paid shall be considered, for all such purposes, leave from covered employment under the law of a legacy State. (2) Distribution of grant funds \nIn any case in which paid family and medical leave benefits are provided by 1 or more employers (whether directly, under a contract with an insurer, or provided through a multiemployer plan) in a legacy State pursuant to a State law described in paragraph (1) or (3) of subsection (b), the State, upon the receipt of any grant amount under subsection (a), may distribute an appropriate share of such grant to each such employer. (e) Data sharing \nAs a condition of receiving a grant under subsection (a) in a calendar year, a State shall enter into an agreement with the Commissioner under which the State shall provide the Commissioner— (1) with information, to be provided periodically as determined by the Commissioner, concerning individuals who received a paid leave benefit under a State law described in paragraph (1) or (3) of subsection (b), including— (A) each individual’s name; (B) information to establish the individual’s identity; (C) dates for which such paid leave benefits were paid; (D) the amount of such paid leave benefit; and (E) to the extent available, such other information concerning such individuals as necessary for the purpose of carrying out this section and section 2(5)(C); (2) not later than July 1 of such calendar year, the amount described in subsection (a)(2) for the calendar year preceding such calendar year; and (3) such other information as needed to determine compliance with grant requirements.", "id": "H685B9D3701794AD9BCBE5F628C7786CF", "header": "Funding for State administration option for legacy States", "nested": [ { "text": "(a) In general \n(1) Payments to legacy States \nIn each calendar year beginning with calendar year 2025, the Commissioner shall make a grant to each State that, for the calendar year preceding such calendar year, was a legacy State and that met the data sharing requirements of subsection (e), in an amount equal to the lesser of— (A) an amount, as estimated by the Commissioner, equal to the total amount of comprehensive paid leave benefits that would have been paid under section 4 (including the costs to the Commissioner to administer such benefits, not to exceed (for purposes of estimating such total amount under this subparagraph) 7 percent of the total amount of such benefits paid) to individuals who received paid family and medical leave benefits under a State law described in paragraph (1) or (3) of subsection (b) during the calendar year preceding such calendar year if the State had not been a legacy State for such preceding calendar year; or (B) an amount equal to the total cost of paid family and medical leave benefits under a State law described in paragraph (1) or (3) of subsection (b) for the calendar year preceding such calendar year, including— (i) any paid family and medical leave benefits provided by an employer (whether directly, under a contract with an insurer, or provided through a multiemployer plan) as described in subsection (d); and (ii) the full cost to the State of administering such law (except that such cost may not exceed 7 percent of the total amount of paid family and medical leave benefits paid under such State law). (2) Estimated payments \nIn any case in which, during any calendar year, the Commissioner has reason to believe that a State will be a legacy State and meet the data sharing requirements of subsection (e) for such calendar year, the Commissioner may make estimated payments during such calendar year of the grant which would be paid to such State in the succeeding calendar year, to be adjusted as appropriate in the succeeding calendar year.", "id": "H580E4D0706D94F78B60776F2F33B3A17", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Legacy State \nFor purposes of this section, the term legacy State for a calendar year means a State with respect to which the Commissioner determines that— (1) the State has enacted, not later than the date of enactment of this Act, a State law that provides paid family and medical leave benefits; (2) for any calendar year that begins before the date that is 3 years after the date of enactment of this Act, the State certifies to the Commissioner that the State intends to remain a legacy State and meet the data sharing requirements of subsection (e) at least through the first calendar year that begins on or after such date; and (3) for any calendar year that begins on or after such date, a State law of the State provides for a State program to remain in effect throughout such calendar year that provides comprehensive paid family and medical leave benefits (which may be paid directly by the State or, if permitted under such State law, by an employer pursuant to such State law)— (A) for at least 12 full workweeks of leave during each 12-month period to at least all of those individuals in the State who would be eligible for comprehensive paid leave benefits under section 4 (without regard to section 2(5)(C)), except that the State shall provide such benefits for leave from employment by the State or any political subdivision thereof, and may elect to provide such benefits for leave from any other governmental employment; and (B) at a wage replacement rate that is at least equivalent to the wage replacement rate under the comprehensive paid leave benefit program under section 4 (without regard to section 2(5)(C)).", "id": "H5E0B9DE4184040839BF64EE26FAE2092", "header": "Legacy State", "nested": [], "links": [] }, { "text": "(c) Covered employment under the law of a legacy State \nFor purposes of this Act, the term covered employment under the law of a legacy State means employment (or self-employment) with respect to which an individual would be eligible to receive paid family and medical benefits under the State law of a State, as described in paragraph (1) or (3) of subsection (b), during any period during which such State is a legacy State.", "id": "HD482D38F439F448F87AEDBDD18FEDB75", "header": "Covered employment under the law of a legacy State", "nested": [], "links": [] }, { "text": "(d) Employer-Provided benefits in a legacy State \n(1) Treatment for purposes of this title \nIn the case of a State that permits paid family and medical leave benefits to be provided by an employer (whether directly, under a contract with an insurer, or provided through a multiemployer plan) pursuant to a State law described in paragraph (1) or (3) of subsection (b)— (A) such benefits shall be considered, for all purposes under this Act, paid family and medical leave benefits under the law of a legacy State; and (B) leave for which such benefits are paid shall be considered, for all such purposes, leave from covered employment under the law of a legacy State. (2) Distribution of grant funds \nIn any case in which paid family and medical leave benefits are provided by 1 or more employers (whether directly, under a contract with an insurer, or provided through a multiemployer plan) in a legacy State pursuant to a State law described in paragraph (1) or (3) of subsection (b), the State, upon the receipt of any grant amount under subsection (a), may distribute an appropriate share of such grant to each such employer.", "id": "HEF14F0EB458645469CBA5200165557B4", "header": "Employer-Provided benefits in a legacy State", "nested": [], "links": [] }, { "text": "(e) Data sharing \nAs a condition of receiving a grant under subsection (a) in a calendar year, a State shall enter into an agreement with the Commissioner under which the State shall provide the Commissioner— (1) with information, to be provided periodically as determined by the Commissioner, concerning individuals who received a paid leave benefit under a State law described in paragraph (1) or (3) of subsection (b), including— (A) each individual’s name; (B) information to establish the individual’s identity; (C) dates for which such paid leave benefits were paid; (D) the amount of such paid leave benefit; and (E) to the extent available, such other information concerning such individuals as necessary for the purpose of carrying out this section and section 2(5)(C); (2) not later than July 1 of such calendar year, the amount described in subsection (a)(2) for the calendar year preceding such calendar year; and (3) such other information as needed to determine compliance with grant requirements.", "id": "H5592C75ACF1E485993D196ABF1E2D7E6", "header": "Data sharing", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Establishment of Family and Medical Leave Insurance Trust Fund \n(a) In general \nThere is hereby created on the books of the Treasury of the United States a trust fund to be known as the Federal Family and Medical Leave Insurance Trust Fund. The Federal Family and Medical Leave Insurance Trust Fund shall consist of such gifts and bequests as may be made as provided in section 201(i)(1) of the Social Security Act ( 42 U.S.C. 401(i)(1) ) and such amounts as may be appropriated to, or deposited in, the Federal Family and Medical Leave Insurance Trust Fund as provided in this section. (b) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Federal Family and Medical Leave Insurance Trust Fund out of moneys in the Treasury not otherwise appropriated— (A) for the first 3 fiscal years beginning after the date of enactment of this Act, such sums as may be necessary for the Commissioner to— (i) administer the office established under section 3; (ii) pay the benefits under section 4; and (iii) provide the grants under section 5; (B) 100 percent of the taxes imposed by sections 3101(c) and 3111(c) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such wages; (C) 100 percent of the taxes imposed by section 1401(c) of such Code with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section to such self-employment income; and (D) 100 percent of the taxes imposed by sections 3201(c), 3211(c), and 3221(c) of such Code with respect to compensation (as defined in section 3231 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such compensation. (2) Repayment of initial appropriation \nAmounts appropriated pursuant to subparagraph (A) of paragraph (1) shall be repaid to the Treasury of the United States not later than 10 years after the first appropriation is made pursuant to such subparagraph. (3) Transfer to Trust Fund \nThe amounts described in paragraph (2) shall be transferred from time to time from the general fund in the Treasury to the Federal Family and Medical Leave Insurance Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in such paragraph, paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were inconsistent with the taxes specified in such paragraph. (c) Management of Trust Fund \nThe provisions of subsections (c), (d), (e), (f), (i), and (m) of section 201 of the Social Security Act ( 42 U.S.C. 401 ) shall apply with respect to the Federal Family and Medical Leave Insurance Trust Fund in the same manner as such provisions apply to the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund. (d) Benefits and grants paid from Trust Fund \nBenefit payments required to be made under section 4 and grants provided under section 5 shall be made only from the Federal Family and Medical Leave Insurance Trust Fund. (e) Administration \nThere are authorized to be made available for expenditure, out of the Federal Family and Medical Leave Insurance Trust Fund, such sums as may be necessary to pay the costs of the administration of sections 4 and 5, including start-up costs, technical assistance, outreach, education, evaluation, and reporting. (f) Prohibition \nNo funds from the Social Security Trust Fund or appropriated to the Social Security Administration to administer Social Security programs may be used for Federal Family and Medical Leave Insurance benefits or administration set forth under this Act.", "id": "H27DB9387F71B40D0B219C00AE257575E", "header": "Establishment of Family and Medical Leave Insurance Trust Fund", "nested": [ { "text": "(a) In general \nThere is hereby created on the books of the Treasury of the United States a trust fund to be known as the Federal Family and Medical Leave Insurance Trust Fund. The Federal Family and Medical Leave Insurance Trust Fund shall consist of such gifts and bequests as may be made as provided in section 201(i)(1) of the Social Security Act ( 42 U.S.C. 401(i)(1) ) and such amounts as may be appropriated to, or deposited in, the Federal Family and Medical Leave Insurance Trust Fund as provided in this section.", "id": "H8F3B0660AAFB408AABB048E059E1D9C1", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 401(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/401" } ] }, { "text": "(b) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to the Federal Family and Medical Leave Insurance Trust Fund out of moneys in the Treasury not otherwise appropriated— (A) for the first 3 fiscal years beginning after the date of enactment of this Act, such sums as may be necessary for the Commissioner to— (i) administer the office established under section 3; (ii) pay the benefits under section 4; and (iii) provide the grants under section 5; (B) 100 percent of the taxes imposed by sections 3101(c) and 3111(c) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such wages; (C) 100 percent of the taxes imposed by section 1401(c) of such Code with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section to such self-employment income; and (D) 100 percent of the taxes imposed by sections 3201(c), 3211(c), and 3221(c) of such Code with respect to compensation (as defined in section 3231 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such compensation. (2) Repayment of initial appropriation \nAmounts appropriated pursuant to subparagraph (A) of paragraph (1) shall be repaid to the Treasury of the United States not later than 10 years after the first appropriation is made pursuant to such subparagraph. (3) Transfer to Trust Fund \nThe amounts described in paragraph (2) shall be transferred from time to time from the general fund in the Treasury to the Federal Family and Medical Leave Insurance Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in such paragraph, paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were inconsistent with the taxes specified in such paragraph.", "id": "HF380FFC7366E462DADDD7DE4668B0795", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(c) Management of Trust Fund \nThe provisions of subsections (c), (d), (e), (f), (i), and (m) of section 201 of the Social Security Act ( 42 U.S.C. 401 ) shall apply with respect to the Federal Family and Medical Leave Insurance Trust Fund in the same manner as such provisions apply to the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund.", "id": "H3B09692BF70742DDBFEAEEFDC475EC9A", "header": "Management of Trust Fund", "nested": [], "links": [ { "text": "42 U.S.C. 401", "legal-doc": "usc", "parsable-cite": "usc/42/401" } ] }, { "text": "(d) Benefits and grants paid from Trust Fund \nBenefit payments required to be made under section 4 and grants provided under section 5 shall be made only from the Federal Family and Medical Leave Insurance Trust Fund.", "id": "HC0089FA021444516ADEC5328ADACE019", "header": "Benefits and grants paid from Trust Fund", "nested": [], "links": [] }, { "text": "(e) Administration \nThere are authorized to be made available for expenditure, out of the Federal Family and Medical Leave Insurance Trust Fund, such sums as may be necessary to pay the costs of the administration of sections 4 and 5, including start-up costs, technical assistance, outreach, education, evaluation, and reporting.", "id": "H9F6145322A684A5EAB601B37ABED0703", "header": "Administration", "nested": [], "links": [] }, { "text": "(f) Prohibition \nNo funds from the Social Security Trust Fund or appropriated to the Social Security Administration to administer Social Security programs may be used for Federal Family and Medical Leave Insurance benefits or administration set forth under this Act.", "id": "HBB2DF9C95DC1403698D8BB77FB71BA8A", "header": "Prohibition", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 401(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/401" }, { "text": "42 U.S.C. 401", "legal-doc": "usc", "parsable-cite": "usc/42/401" } ] }, { "text": "7. Internal Revenue Code provisions \n(a) In general \n(1) Employee contribution \nSection 3101 of the Internal Revenue Code of 1986 is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and medical leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the applicable percentage of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)). (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of wages received in any calendar year. (3) Application of tax to Federal, State, and local employment \nFor purposes of the tax imposed by paragraph (1) and the application of section 3121(b) with respect to such tax, rules similar to the rules under paragraphs (1) and (2) of section 3121(u) shall apply (without regard to paragraph (2)(C) of such section).. (2) Employer contribution \nSection 3111 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and medical leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of wages paid in any calendar year. (3) Application of tax to Federal, State, and local employment \nFor purposes of the tax imposed by paragraph (1) and the application of section 3121(b) with respect to such tax, rules similar to the rules under paragraphs (1) and (2) of section 3121(u) shall apply (without regard to paragraph (2)(C) of such section).. (3) Self-employment income contribution \n(A) In general \nSection 1401 of such Code is amended— (i) by redesignating subsection (c) as subsection (d); and (ii) by inserting after subsection (b) the following: (c) Family and medical leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.4 percent in the case of self-employment income in any taxable year.. (B) Exclusion of certain net earnings from self-employment \nSection 1402(b)(1) of such Code is amended by striking tax imposed by section 1401(a) and inserting taxes imposed by subsections (a) and (c) of section 1401. (b) Railroad Retirement Tax Act \n(1) Employee contribution \nSection 3201 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the applicable percentage of the compensation received during any calendar year by such employee for services rendered by such employee. (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation received in any calendar year.. (2) Employee representative contribution \nSection 3211 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the applicable percentage of the compensation received during any calendar year by such employee representative for services rendered by such employee representative. (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation received in any calendar year.. (3) Employer contribution \nSection 3221 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the compensation paid during any calendar year by such employer for services rendered to such employer. (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation paid in any calendar year.. (c) Conforming amendments \n(1) Section 6413(c) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1)— (i) by inserting , section 3101(c), after by section 3101(a) ; and (ii) by striking both and inserting each ; and (B) in paragraph (2), by inserting or 3101(c) after 3101(a) each place it appears. (2) Section 15(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n(a) ) is amended by inserting (other than sections 3201(c), 3211(c), and 3221(c)) before the period at the end. (d) Effective date \nThe amendments made by this section shall take effect 120 days after the date of the enactment of this Act.", "id": "HD9560CDAAFE142AC8B5E465513C50B06", "header": "Internal Revenue Code provisions", "nested": [ { "text": "(a) In general \n(1) Employee contribution \nSection 3101 of the Internal Revenue Code of 1986 is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and medical leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the applicable percentage of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)). (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of wages received in any calendar year. (3) Application of tax to Federal, State, and local employment \nFor purposes of the tax imposed by paragraph (1) and the application of section 3121(b) with respect to such tax, rules similar to the rules under paragraphs (1) and (2) of section 3121(u) shall apply (without regard to paragraph (2)(C) of such section).. (2) Employer contribution \nSection 3111 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and medical leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of wages paid in any calendar year. (3) Application of tax to Federal, State, and local employment \nFor purposes of the tax imposed by paragraph (1) and the application of section 3121(b) with respect to such tax, rules similar to the rules under paragraphs (1) and (2) of section 3121(u) shall apply (without regard to paragraph (2)(C) of such section).. (3) Self-employment income contribution \n(A) In general \nSection 1401 of such Code is amended— (i) by redesignating subsection (c) as subsection (d); and (ii) by inserting after subsection (b) the following: (c) Family and medical leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.4 percent in the case of self-employment income in any taxable year.. (B) Exclusion of certain net earnings from self-employment \nSection 1402(b)(1) of such Code is amended by striking tax imposed by section 1401(a) and inserting taxes imposed by subsections (a) and (c) of section 1401.", "id": "HE9641E3AE03B49F7A916DC9029D8D5EC", "header": "In general", "nested": [], "links": [ { "text": "Section 3101", "legal-doc": "usc", "parsable-cite": "usc/26/3101" } ] }, { "text": "(b) Railroad Retirement Tax Act \n(1) Employee contribution \nSection 3201 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the applicable percentage of the compensation received during any calendar year by such employee for services rendered by such employee. (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation received in any calendar year.. (2) Employee representative contribution \nSection 3211 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the applicable percentage of the compensation received during any calendar year by such employee representative for services rendered by such employee representative. (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation received in any calendar year.. (3) Employer contribution \nSection 3221 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance \n(1) In general \nIn addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the compensation paid during any calendar year by such employer for services rendered to such employer. (2) Applicable percentage \nFor purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation paid in any calendar year..", "id": "HC95B11E27FC84F2E8E7B486E84D95F4D", "header": "Railroad Retirement Tax Act", "nested": [], "links": [] }, { "text": "(c) Conforming amendments \n(1) Section 6413(c) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1)— (i) by inserting , section 3101(c), after by section 3101(a) ; and (ii) by striking both and inserting each ; and (B) in paragraph (2), by inserting or 3101(c) after 3101(a) each place it appears. (2) Section 15(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n(a) ) is amended by inserting (other than sections 3201(c), 3211(c), and 3221(c)) before the period at the end.", "id": "H10E6D21E4E5E420BAA80AEFA3BBA3EDE", "header": "Conforming amendments", "nested": [], "links": [ { "text": "Section 6413(c)", "legal-doc": "usc", "parsable-cite": "usc/26/6413" }, { "text": "45 U.S.C. 231n(a)", "legal-doc": "usc", "parsable-cite": "usc/45/231n" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall take effect 120 days after the date of the enactment of this Act.", "id": "HE637E31AC28F45B6940006D47E895413", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 3101", "legal-doc": "usc", "parsable-cite": "usc/26/3101" }, { "text": "Section 6413(c)", "legal-doc": "usc", "parsable-cite": "usc/26/6413" }, { "text": "45 U.S.C. 231n(a)", "legal-doc": "usc", "parsable-cite": "usc/45/231n" } ] }, { "text": "8. Regulations \nThe Commissioner, in consultation with the Secretary of Labor, shall prescribe regulations necessary to carry out this Act. In developing such regulations, the Commissioner shall consider the input from a volunteer advisory body comprised of not more than 15 individuals, including experts in the relevant subject matter and officials charged with implementing State paid family and medical leave insurance programs. The Commissioner shall take such programs into account when proposing regulations. Such individuals shall be appointed as follows: (1) Five individuals to be appointed by the President. (2) Three individuals to be appointed by the majority leader of the Senate. (3) Two individuals to be appointed by the minority leader of the Senate. (4) Three individuals to be appointed by the Speaker of the House of Representatives. (5) Two individuals to be appointed by the minority leader of the House of Representatives.", "id": "H104DB87FD0F5433EA9815177832DD19F", "header": "Regulations", "nested": [], "links": [] }, { "text": "9. GAO Study \nAs soon as practicable after calendar year 2024, the Comptroller General shall submit to Congress a report on family and medical leave insurance benefits paid under section 4 for any month during the 1-year period beginning on January 1, 2024. The report shall include the following: (1) An identification of the total number of applications for such benefits filed for any month during such 1-year period, and the average number of days occurring in the period beginning on the date on which such an application is received and ending on the date on which the initial determination of eligibility with respect to the application is made. (2) An identification of the total number of requests for review of an initial adverse determination of eligibility for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (3) An identification of the total number of monthly benefit claim reports for such benefits filed during such 1-year period, and the average number of days occurring in the period beginning on the date on which such a claim report is received and ending on the date on which the initial determination of eligibility with respect to the claim report is made. (4) An identification of the total number of requests for review of an initial adverse determination relating to a monthly benefit claim report for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (5) An identification of any excessive delay in any of the periods described in paragraphs (1) through (4), and a description of the causes for such delay.", "id": "H630A0DD5E28E45189AD32AB390AA30BE", "header": "GAO Study", "nested": [], "links": [] } ]
9
1. Short title This Act may be cited as the Family and Medical Insurance Leave Act or the FAMILY Act. 2. Definitions In this Act, the following definitions apply: (1) Caregiving day (A) In general The term caregiving day means, with respect to an individual, a calendar day in which the individual engaged in qualified caregiving. (B) Limitations An individual may not exceed— (i) with respect to any month, 20 caregiving days; or (ii) with respect to any benefit period, 60 caregiving days. (2) Commissioner The term Commissioner means the Commissioner of Social Security. (3) Deputy Commissioner The term Deputy Commissioner means the Deputy Commissioner who heads the Office of Paid Family and Medical Leave established under section 3(a). (4) Eligible individual The term eligible individual means an individual who is entitled to a benefit under section 4 for a particular month, upon filing an application for such benefit for such month. (5) Qualified caregiving (A) In general The term qualified caregiving means any activity engaged in by an individual, other than regular employment, for a qualifying reason. (B) Qualifying reason (i) In general For purposes of subparagraph (A), the term qualifying reason means any of the following reasons for taking leave: (I) Any reason for which an eligible employee would be entitled to leave under subparagraph (A), (B), or (E) of paragraph (1) of section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ). (II) In order to care for a qualified family member of the individual, if such qualified family member has a serious health condition. (III) Because of a serious health condition that makes the individual unable to perform the services required under the terms of their regular employment. (IV) In order to, as a result of domestic violence, sexual assault, or stalking— (aa) seek medical attention for the employee or the employee’s child, parent, spouse, domestic partner, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, to recover from physical or psychological injury or disability caused by domestic violence, sexual assault, or stalking; (bb) obtain or assist a related person described in item (aa) in obtaining services from a victim services organization; (cc) obtain or assist a related person described in item (aa) in obtaining psychological or other counseling; (dd) seek relocation; or (ee) take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic violence, sexual assault, or stalking. (ii) Qualified family member; serious health condition In this subparagraph: (I) Qualified family member The term qualified family member means, which respect to an individual— (aa) a spouse (including a domestic partner in a civil union or other registered domestic partnership recognized by a State) or a parent of such spouse; (bb) a child (regardless of age) or a child’s spouse; (cc) a parent or a parent’s spouse; (dd) a sibling or a sibling’s spouse; (ee) a grandparent, a grandchild, or a spouse of a grandparent or grandchild; and (ff) any other individual who is related by blood or affinity and whose association with the employee is equivalent of a family relationship. (II) Serious health condition The term serious health condition has the meaning given such term in section 101(11) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(11) ). (iii) Other definitions For purposes of clause (i)(IV): (I) Child The term child means, regardless of age, a biological, foster, or adopted child, a stepchild, a child of a domestic partner, a legal ward, or a child of a person standing in loco parentis. (II) Domestic partner (aa) In general The term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. (bb) Committed relationship defined The term committed relationship means a relationship between 2 individuals, each at least 18 years of age, in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between 2 individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. (III) Domestic violence The term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ), except that the reference in such section to the term jurisdiction receiving grant monies shall be deemed to mean the jurisdiction in which the victim lives or the jurisdiction in which the employer involved is located. Such term also includes dating violence , as that term is defined in such section. (IV) Parent The term parent means a biological, foster, or adoptive parent of an employee, a stepparent of an employee, parent-in-law, parent of a domestic partner, or a legal guardian or other person who stood in loco parentis to an employee when the employee was a child. (V) Sexual assault The term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (VI) Spouse The term spouse , with respect to an employee, has the meaning given such term by the marriage laws of the State in which the marriage was celebrated. (VII) Stalking The term stalking has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ). (VIII) Victim services organization The term victim services organization means a nonprofit, nongovernmental organization that provides assistance to victims of domestic violence, sexual assault, or stalking or advocates for such victims, including a rape crisis center, an organization carrying out a domestic violence, sexual assault, or stalking prevention or treatment program, an organization operating a shelter or providing counseling services, or a legal services organization or other organization providing assistance through the legal process. (C) Treatment of individuals covered by legacy State comprehensive paid leave program (i) In general For purposes of subparagraph (A), an activity engaged in by an individual shall not be considered as other than regular employment if, for the time during which the individual was so engaged, the individual is taking leave from covered employment under the law of a legacy State (as defined in section 4(c)). (ii) Unemployed In the case of an individual who is no longer employed, such individual shall be treated, for purposes of clause (i), as taking leave from covered employment under the law of a legacy State (as so defined) with respect to the portion of the time during which the individual was engaged in an activity for a qualifying reason corresponding to the share of the individual’s workweek that was in covered employment under the law of a legacy State (as so defined). (6) National average wage index The term national average wage index has the meaning given such term in section 209(k)(1) of the Social Security Act ( 42 U.S.C. 409(k)(1) ). (7) Self-employment income The term self-employment income has the same meaning as such term in section 211(b) of such Act ( 42 U.S.C. 411(b) ). (8) State The term State means any State of the United States or the District of Columbia or any territory or possession of the United States. (9) Wages The term wages has the meaning given such term in section 3121(a) of the Internal Revenue Code of 1986 for purposes of the taxes imposed by sections 3101(b) and 3111(b) of such Code (without regard to section 3121(u)(2)(C) of such Code), except that such term also includes— (A) compensation, as defined in section 3231(e) of such Code for purposes of the Railroad Retirement Tax Act; and (B) unemployment compensation, as defined in section 85(b) of such Code. 3. Office of Paid Family and Medical Leave (a) Establishment of Office There is established within the Social Security Administration an office to be known as the Office of Paid Family and Medical Leave. The Office shall be headed by a Deputy Commissioner who shall be appointed by the Commissioner. (b) Responsibilities of Deputy Commissioner The Commissioner, acting through the Deputy Commissioner, shall be responsible for— (1) hiring personnel and making employment decisions with regard to such personnel; (2) issuing such regulations as may be necessary to carry out the purposes of this Act; (3) entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of the program; (4) determining eligibility for family and medical leave insurance benefits under section 4; (5) determining benefit amounts for each month of such eligibility and making timely payments of such benefits to entitled individuals in accordance with such section; (6) establishing and maintaining a system of records relating to the administration of such section; (7) preventing fraud and abuse relating to such benefits; (8) providing information on request regarding eligibility requirements, the claims process, benefit amounts, maximum benefits payable, notice requirements, nondiscrimination rights, confidentiality, coordination of leave under this Act and other laws, collective bargaining agreements, and employer policies; (9) annually providing employers a notice informing employees of the availability of such benefits; (10) annually making available to the public a report that includes the number of individuals who received such benefits, the purposes for which such benefits were received, and an analysis of utilization rates of such benefits by gender, race, ethnicity, and income levels; and (11) tailoring culturally and linguistically competent education and outreach toward increasing utilization rates of benefits under such section. (c) Availability of data Notwithstanding any other provision of law, the Commissioner shall make available to the Deputy Commissioner such data as the Commissioner determines necessary to enable the Deputy Commissioner to effectively carry out the responsibilities described in subsection (b). 4. Family and Medical Leave Insurance benefit payments (a) In general (1) Requirements Every individual who— (A) has filed an application for a family and medical leave insurance benefit in accordance with subsection (d); (B) was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which such application is filed or within 30 days after such date; (C) has wages or self-employment income at any time during the period— (i) beginning with the most recent calendar quarter that ends at least 4 months prior to the beginning of the individual’s benefit period specified in subsection (c); and (ii) ending with the month before the month in which such benefit period begins; and (D) has at least the specified amount of wages and self-employment income during the most recent 8-calendar quarter period that ends at least 4 months prior to the beginning of the individual’s benefit period specified in subsection (c), shall be entitled to such a benefit for each month in such benefit period. (2) Specified amount For purposes of paragraph (1)(D), the specified amount shall be— (A) if the benefit period begins in calendar year 2024, $2,000; and (B) if the benefit period begins in any calendar year after 2024, an amount equal to the greater of— (i) the specified amount applicable for the preceding calendar year; or (ii) an amount equal to the product of— (I) $2,000; multiplied by (II) an amount equal to the quotient of— (aa) the national average wage index for the second calendar year preceding such calendar year; divided by (bb) the national average wage index for 2022. (b) Benefit amount (1) In general Except as otherwise provided in this subsection, the benefit amount to which an individual is entitled under this section for a month shall be an amount equal to the greater of— (A) the lesser of— (i) an amount equal to the monthly benefit rate determined under paragraph (2); and (ii) the maximum benefit amount determined under paragraph (3); and (B) the minimum benefit amount determined under paragraph (3), multiplied by the quotient (not greater than 1) obtained by dividing the number of caregiving days of the individual in such month by 20. (2) Monthly benefit rate (A) In general For purposes of this subsection, the monthly benefit rate of an individual shall be an amount equal to the sum of— (i) 85 percent of the individual’s average monthly earnings to the extent that such earnings do not exceed the amount established for purposes of this clause by subparagraph (B); (ii) 69 percent of the individual’s average monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (i) but do not exceed the amount established for purposes of this clause by subparagraph (B); and (iii) 50 percent of the individual’s average monthly earnings to the extent that such earnings exceed the amount established for purposes of clause (ii) but do not exceed the amount established for purposes of this clause by subparagraph (B). (B) Amounts established (i) Initial amounts For individuals whose benefit period begins in calendar year 2024, the amount established for purposes of clauses (i), (ii), and (iii) of subparagraph (A) shall be $1,257, $3,500, and $6,200, respectively. (ii) Wage indexing For individuals whose benefit period begins in any calendar year after 2024, each of the amounts so established shall equal the corresponding amount established for the calendar year preceding such calendar year, or, if larger, the product of the corresponding amount established with respect to the calendar year 2024 and the quotient obtained by dividing— (I) the national average wage index for the second calendar year preceding such calendar year, by (II) the national average wage index for calendar year 2022. (iii) Rounding Each amount established under clause (ii) for any calendar year shall be rounded to the nearest $1, except that any amount so established which is a multiple of $0.50 but not of $1 shall be rounded to the next higher $1. (C) Average monthly earnings For purposes of this subsection, the average monthly earnings of an individual shall be an amount equal to 1/12 of the wages and self-employment income of the individual for the calendar year in which such wages and self-employment income are the highest among the most recent 3 calendar years. (3) Maximum and minimum benefit amounts (A) In general For individuals who initially become eligible for family and medical leave insurance benefits in the first full calendar year after the date of enactment of this Act, the maximum monthly benefit amount and the minimum monthly benefit amount shall be $4,000 and $580, respectively. (B) Wage indexing For individuals who initially become eligible for family and medical leave insurance benefits in any calendar year after such first full calendar year the maximum benefit amount and the minimum benefit amount shall be, respectively, the product of the corresponding amount determined with respect to the first calendar year under subparagraph (A) and the quotient obtained by dividing— (i) the national average wage index for the second calendar year preceding the calendar year for which the determination is made, by (ii) the national average wage index for the second calendar year preceding the first full calendar year after the date of enactment of this Act. (4) Reduction in benefit amount on account of receipt of certain benefits A benefit under this section for a month shall be reduced by the amount, if any, in certain benefits (as determined under regulations issued by the Commissioner) as may be otherwise received by an individual. For purposes of the preceding sentence, certain benefits include— (A) periodic benefits on account of such individual’s total or partial disability under a workmen’s compensation law or plan of the United States or a State; and (B) periodic benefits on account of an individual’s employment status under an unemployment law or plan of the United States or a State. (5) Coordination of benefit amount with certain state benefits A benefit received under this section shall be coordinated, in a manner determined by regulations issued by the Commissioner, with the periodic benefits received from temporary disability insurance or family leave insurance programs under any law or plan of a State, a political subdivision (as that term is used in section 218(b)(2) of the Social Security Act ( 42 U.S.C. 418(b)(2) )), or an instrumentality of two or more States (as that term is used in section 218(g) of such Act ( 42 U.S.C. 418(g) )). (c) Benefit period (1) In general Except as provided in paragraph (2), the benefit period specified in this subsection is the 12-month period that begins on the 1st day of the 1st month in which the individual— (A) meets the criteria specified in subparagraphs (A) and (B) of subsection (a)(1); and (B) would meet the criteria specified in subparagraphs (C) and (D) of such subsection if such subparagraphs were applied by substituting such 12-month period for each reference to the individual's benefit period. (2) Retroactive benefits In the case of an application for benefits under this section for qualified caregiving in which the individual was engaged at any time during the 90-day period preceding the date on which such application is submitted, the benefit period specified in this subsection shall begin on the later of— (A) the 1st day of the 1st month in which the individual engaged in such qualified caregiving; or (B) the 1st day of the 1st month that begins during such 90-day period, and shall end on the date that is 365 days after the 1st day of the benefit period. (d) Application An application for a family and medical leave insurance benefit shall include— (1) a statement that the individual was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which the application is submitted or within 30 days after such date; (2) if the qualified caregiving described in the statement in paragraph (1) is engaged in by the individual because of a serious health condition (as defined in subclause (II) of section 2(5)(B)(ii)) of the individual or a qualified family member (as defined in subclause (I) of such section) of the individual, a certification, issued by the health care provider treating such serious health condition, that affirms the information specified in paragraph (1) and contains such information as the Commissioner shall specify in regulations, which shall be no more than the information that is required to be stated under section 103(b) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2613(b) ); (3) if such qualified caregiving is engaged in by the individual for any other qualifying reason (as defined in section 2(5)(B)(i)), a certification, issued by a relevant authority determined under regulations issued by the Commissioner, that affirms the circumstances giving rise to such reason; and (4) an attestation from the applicant that his or her employer has been provided with written notice of the individual’s intention to take family or medical leave, if the individual has an employer, or to the Commissioner in all other cases. (e) Ineligibility; disqualification (1) Ineligibility for benefit An individual shall be ineligible for a benefit under this section for any month for which the individual is entitled to— (A) disability insurance benefits under section 223 of the Social Security Act ( 42 U.S.C. 423 ) or a similar permanent disability program under any law or plan of a State or political subdivision or instrumentality of a State (as such terms are used in section 218 of the Social Security Act ( 42 U.S.C. 418 )); (B) monthly insurance benefits under section 202 of such Act ( 42 U.S.C. 402 ) based on such individual's disability (as defined in section 223(d) of such Act ( 42 U.S.C. 423(d) )); or (C) benefits under title XVI of such Act ( 42 U.S.C. 1381 et seq. ) based on such individual’s status as a disabled individual (as determined under section 1614 of such Act ( 42 U.S.C. 1382c )). (2) Disqualification An individual who has been convicted of a violation under section 208 of the Social Security Act ( 42 U.S.C. 408 ) or who has been found to have used false statements to secure benefits under this section, shall be ineligible for benefits under this section for a 1-year period following the date of such conviction. (f) Review of eligibility and benefit payment determinations (1) Eligibility determinations (A) In general The Commissioner shall provide notice to an individual applying for benefits under this section of the initial determination of eligibility for such benefits, and the estimated benefit amount for a month in which one caregiving day of the individual occurs, as soon as practicable after the application is received. (B) Review An individual may request review of an initial adverse determination with respect to such application at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. As soon as practicable after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of eligibility for benefits under this section. (2) Benefit payment determinations (A) In general The Commissioner shall make any monthly benefit payment to an individual claiming benefits for a month under this section, or provide notice of the reason such payment will not be made if the Commissioner determines that the individual is not entitled to payment for such month, not later than 20 days after the individual’s monthly benefit claim report for such month is received. Such monthly report shall be filed with the Commissioner not later than 15 days after the end of each month. (B) Review If the Commissioner determines that payment will not be made to an individual for a month, or if the Commissioner determines that payment shall be made based on a number of caregiving days in the month inconsistent with the number of caregiving days in the monthly benefit claim report of the individual for such month, the individual may request review of such determination at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. Not later than 20 days after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of payment for such month, and shall make payment to the individual of any additional amount not included in the initial payment to the individual for such month to which the Commissioner determines the individual is entitled. (3) Burden of proof An application for benefits under this section and a monthly benefit claim report of an individual shall each be presumed to be true and accurate, unless the Commissioner demonstrates by a preponderance of the evidence that information contained in the application is false. (4) Definition of monthly benefit claim report For purposes of this subsection, the term monthly benefit claim report means, with respect to an individual for a month, the individual’s report to the Commissioner of the number of caregiving days of the individual in such month, which shall be filed no later than 15 days after the end of each month. (5) Review All final determinations of the Commissioner under this subsection shall be reviewable according to the procedures set out in section 205 of the Social Security Act ( 42 U.S.C. 405 ). (g) Relationship with State law; employer benefits (1) In general This section does not preempt or supersede any provision of State or local law that authorizes a State or local municipality to provide paid family and medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this Act. (h) Employment and benefits protection and enforcement (1) Employment and benefits protection (A) In general (i) Prohibited acts It shall be unlawful for any person to interfere with, restrain, deny, or retaliate against an individual because of the exercise of, or the attempt to exercise, any right provided under this section, including through— (I) discharging or in any other manner discriminating against (including retaliating against) an individual because the individual has applied for, indicated an intent to apply for, or received family and medical leave insurance benefits; or (II) using the application for or the receipt of such benefits as a negative factor in an employment action. (ii) Restoration to position It shall be interference with the right of an individual for purposes of clause (i) for an employer of the individual to, upon the conclusion of any leave for which the individual received a family and medical leave insurance benefit under this section, fail to— (I) restore the individual to the position of employment held by the individual when the leave commenced; or (II) restore the individual to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (iii) Maintenance of health benefits It shall be interference with the right of an individual for purposes of clause (i) for an employer of the individual to fail to maintain, for the duration of any leave for which the individual received a family and medical leave insurance benefit under this section, coverage of the individual under any group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986) at the level and under the conditions coverage would have been provided if the individual had continued in employment continuously for the duration of such leave. (B) Opposing unlawful practices It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this subsection. (C) Interference with proceedings or inquiries It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because such individual— (i) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subsection; (ii) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this section; or (iii) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this section. (D) Rebuttable presumption of retaliation Any adverse action (including any action described in subparagraph (C) or (D)) taken against an employee within 12 months of the employee taking any leave for which the individual received a family and medical leave insurance benefit under this section shall establish a rebuttable presumption that the action of the employer is retaliating against such employee in violation of subparagraph (A)(i). (E) Non-application for new hires Clauses (ii) and (iii) of subparagraph (A) shall not apply to any individual during the 90-day period beginning with the day the individual begins work for an employer. (2) Civil Action by an individual (A) Liability Any person who violates paragraph (1) shall be liable to any individual employed by such person who is affected by the violation— (i) for damages equal to the sum of— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation, such as the cost of providing care, up to a sum equal to 60 calendar days of wages or salary for the individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages equal to the sum of the amount described in subclause (I) and the interest described in subclause (II), except that if a person who has violated paragraph (1) proves to the satisfaction of the court that the act or omission which violated paragraph (1) was in good faith and that the person had reasonable grounds for believing that the act or omission was not a violation of paragraph (1), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under subclauses (I) and (II), respectively; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any person in any Federal or State court of competent jurisdiction by any individual for and on behalf of— (i) the individual; or (ii) the individual and other individuals similarly situated. (C) Fees and costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (D) Limitations The right provided by subparagraph (B) to bring an action by or on behalf of any individual shall terminate— (i) on the filing of a complaint by the Commissioner in an action under paragraph (5) in which restraint is sought of any further delay in the payment of the amount described in subparagraph (A)(I) to such individual by the person responsible under subparagraph (A) for the payment; or (ii) on the filing of a complaint by the Commissioner in an action under paragraph (3) in which a recovery is sought of the damages described in subparagraph (A)(I) owing to an individual by a person liable under subparagraph (A), unless the action described in clause (i) or (ii) is dismissed without prejudice on motion of the Commissioner. (3) Action by the Commissioner (A) Civil action The Commissioner may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (2)(A)(I). (B) Sums recovered Any sums recovered by the Commissioner pursuant to subparagraph (A) shall be held in a special deposit account and shall be paid, on order of the Commissioner, directly to each individual affected. Any such sums not paid to an individual because of inability to do so within a period of 3 years shall be deposited into the Federal Family and Medical Leave Insurance Trust Fund. (4) Limitation (A) In general An action may be brought under this subsection not later than 3 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Commencement An action brought by the Commissioner under this subsection shall be considered to be commenced on the date when the complaint is filed. (5) Action for Injunction by Commissioner The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Commissioner— (A) to restrain violations of paragraph (1), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to an individual; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (i) Applicability of certain Social Security Act provisions The provisions of sections 204, 205, 206, and 208 of the Social Security Act shall apply to benefit payments authorized by and paid out pursuant to this section in the same way that such provisions apply to benefit payments authorized by and paid out pursuant to title II of such Act. (j) Effective date for applications Applications described in this section may be filed beginning 18 months after the date of enactment of this Act. 5. Funding for State administration option for legacy States (a) In general (1) Payments to legacy States In each calendar year beginning with calendar year 2025, the Commissioner shall make a grant to each State that, for the calendar year preceding such calendar year, was a legacy State and that met the data sharing requirements of subsection (e), in an amount equal to the lesser of— (A) an amount, as estimated by the Commissioner, equal to the total amount of comprehensive paid leave benefits that would have been paid under section 4 (including the costs to the Commissioner to administer such benefits, not to exceed (for purposes of estimating such total amount under this subparagraph) 7 percent of the total amount of such benefits paid) to individuals who received paid family and medical leave benefits under a State law described in paragraph (1) or (3) of subsection (b) during the calendar year preceding such calendar year if the State had not been a legacy State for such preceding calendar year; or (B) an amount equal to the total cost of paid family and medical leave benefits under a State law described in paragraph (1) or (3) of subsection (b) for the calendar year preceding such calendar year, including— (i) any paid family and medical leave benefits provided by an employer (whether directly, under a contract with an insurer, or provided through a multiemployer plan) as described in subsection (d); and (ii) the full cost to the State of administering such law (except that such cost may not exceed 7 percent of the total amount of paid family and medical leave benefits paid under such State law). (2) Estimated payments In any case in which, during any calendar year, the Commissioner has reason to believe that a State will be a legacy State and meet the data sharing requirements of subsection (e) for such calendar year, the Commissioner may make estimated payments during such calendar year of the grant which would be paid to such State in the succeeding calendar year, to be adjusted as appropriate in the succeeding calendar year. (b) Legacy State For purposes of this section, the term legacy State for a calendar year means a State with respect to which the Commissioner determines that— (1) the State has enacted, not later than the date of enactment of this Act, a State law that provides paid family and medical leave benefits; (2) for any calendar year that begins before the date that is 3 years after the date of enactment of this Act, the State certifies to the Commissioner that the State intends to remain a legacy State and meet the data sharing requirements of subsection (e) at least through the first calendar year that begins on or after such date; and (3) for any calendar year that begins on or after such date, a State law of the State provides for a State program to remain in effect throughout such calendar year that provides comprehensive paid family and medical leave benefits (which may be paid directly by the State or, if permitted under such State law, by an employer pursuant to such State law)— (A) for at least 12 full workweeks of leave during each 12-month period to at least all of those individuals in the State who would be eligible for comprehensive paid leave benefits under section 4 (without regard to section 2(5)(C)), except that the State shall provide such benefits for leave from employment by the State or any political subdivision thereof, and may elect to provide such benefits for leave from any other governmental employment; and (B) at a wage replacement rate that is at least equivalent to the wage replacement rate under the comprehensive paid leave benefit program under section 4 (without regard to section 2(5)(C)). (c) Covered employment under the law of a legacy State For purposes of this Act, the term covered employment under the law of a legacy State means employment (or self-employment) with respect to which an individual would be eligible to receive paid family and medical benefits under the State law of a State, as described in paragraph (1) or (3) of subsection (b), during any period during which such State is a legacy State. (d) Employer-Provided benefits in a legacy State (1) Treatment for purposes of this title In the case of a State that permits paid family and medical leave benefits to be provided by an employer (whether directly, under a contract with an insurer, or provided through a multiemployer plan) pursuant to a State law described in paragraph (1) or (3) of subsection (b)— (A) such benefits shall be considered, for all purposes under this Act, paid family and medical leave benefits under the law of a legacy State; and (B) leave for which such benefits are paid shall be considered, for all such purposes, leave from covered employment under the law of a legacy State. (2) Distribution of grant funds In any case in which paid family and medical leave benefits are provided by 1 or more employers (whether directly, under a contract with an insurer, or provided through a multiemployer plan) in a legacy State pursuant to a State law described in paragraph (1) or (3) of subsection (b), the State, upon the receipt of any grant amount under subsection (a), may distribute an appropriate share of such grant to each such employer. (e) Data sharing As a condition of receiving a grant under subsection (a) in a calendar year, a State shall enter into an agreement with the Commissioner under which the State shall provide the Commissioner— (1) with information, to be provided periodically as determined by the Commissioner, concerning individuals who received a paid leave benefit under a State law described in paragraph (1) or (3) of subsection (b), including— (A) each individual’s name; (B) information to establish the individual’s identity; (C) dates for which such paid leave benefits were paid; (D) the amount of such paid leave benefit; and (E) to the extent available, such other information concerning such individuals as necessary for the purpose of carrying out this section and section 2(5)(C); (2) not later than July 1 of such calendar year, the amount described in subsection (a)(2) for the calendar year preceding such calendar year; and (3) such other information as needed to determine compliance with grant requirements. 6. Establishment of Family and Medical Leave Insurance Trust Fund (a) In general There is hereby created on the books of the Treasury of the United States a trust fund to be known as the Federal Family and Medical Leave Insurance Trust Fund. The Federal Family and Medical Leave Insurance Trust Fund shall consist of such gifts and bequests as may be made as provided in section 201(i)(1) of the Social Security Act ( 42 U.S.C. 401(i)(1) ) and such amounts as may be appropriated to, or deposited in, the Federal Family and Medical Leave Insurance Trust Fund as provided in this section. (b) Authorization of appropriations (1) In general There is authorized to be appropriated to the Federal Family and Medical Leave Insurance Trust Fund out of moneys in the Treasury not otherwise appropriated— (A) for the first 3 fiscal years beginning after the date of enactment of this Act, such sums as may be necessary for the Commissioner to— (i) administer the office established under section 3; (ii) pay the benefits under section 4; and (iii) provide the grants under section 5; (B) 100 percent of the taxes imposed by sections 3101(c) and 3111(c) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such wages; (C) 100 percent of the taxes imposed by section 1401(c) of such Code with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section to such self-employment income; and (D) 100 percent of the taxes imposed by sections 3201(c), 3211(c), and 3221(c) of such Code with respect to compensation (as defined in section 3231 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such compensation. (2) Repayment of initial appropriation Amounts appropriated pursuant to subparagraph (A) of paragraph (1) shall be repaid to the Treasury of the United States not later than 10 years after the first appropriation is made pursuant to such subparagraph. (3) Transfer to Trust Fund The amounts described in paragraph (2) shall be transferred from time to time from the general fund in the Treasury to the Federal Family and Medical Leave Insurance Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in such paragraph, paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were inconsistent with the taxes specified in such paragraph. (c) Management of Trust Fund The provisions of subsections (c), (d), (e), (f), (i), and (m) of section 201 of the Social Security Act ( 42 U.S.C. 401 ) shall apply with respect to the Federal Family and Medical Leave Insurance Trust Fund in the same manner as such provisions apply to the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund. (d) Benefits and grants paid from Trust Fund Benefit payments required to be made under section 4 and grants provided under section 5 shall be made only from the Federal Family and Medical Leave Insurance Trust Fund. (e) Administration There are authorized to be made available for expenditure, out of the Federal Family and Medical Leave Insurance Trust Fund, such sums as may be necessary to pay the costs of the administration of sections 4 and 5, including start-up costs, technical assistance, outreach, education, evaluation, and reporting. (f) Prohibition No funds from the Social Security Trust Fund or appropriated to the Social Security Administration to administer Social Security programs may be used for Federal Family and Medical Leave Insurance benefits or administration set forth under this Act. 7. Internal Revenue Code provisions (a) In general (1) Employee contribution Section 3101 of the Internal Revenue Code of 1986 is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and medical leave insurance (1) In general In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the applicable percentage of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)). (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of wages received in any calendar year. (3) Application of tax to Federal, State, and local employment For purposes of the tax imposed by paragraph (1) and the application of section 3121(b) with respect to such tax, rules similar to the rules under paragraphs (1) and (2) of section 3121(u) shall apply (without regard to paragraph (2)(C) of such section).. (2) Employer contribution Section 3111 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and medical leave insurance (1) In general In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of wages paid in any calendar year. (3) Application of tax to Federal, State, and local employment For purposes of the tax imposed by paragraph (1) and the application of section 3121(b) with respect to such tax, rules similar to the rules under paragraphs (1) and (2) of section 3121(u) shall apply (without regard to paragraph (2)(C) of such section).. (3) Self-employment income contribution (A) In general Section 1401 of such Code is amended— (i) by redesignating subsection (c) as subsection (d); and (ii) by inserting after subsection (b) the following: (c) Family and medical leave insurance (1) In general In addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.4 percent in the case of self-employment income in any taxable year.. (B) Exclusion of certain net earnings from self-employment Section 1402(b)(1) of such Code is amended by striking tax imposed by section 1401(a) and inserting taxes imposed by subsections (a) and (c) of section 1401. (b) Railroad Retirement Tax Act (1) Employee contribution Section 3201 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance (1) In general In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the applicable percentage of the compensation received during any calendar year by such employee for services rendered by such employee. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation received in any calendar year.. (2) Employee representative contribution Section 3211 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance (1) In general In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the applicable percentage of the compensation received during any calendar year by such employee representative for services rendered by such employee representative. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation received in any calendar year.. (3) Employer contribution Section 3221 of such Code is amended— (A) by redesignating subsection (c) as subsection (d); and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance (1) In general In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the compensation paid during any calendar year by such employer for services rendered to such employer. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation paid in any calendar year.. (c) Conforming amendments (1) Section 6413(c) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1)— (i) by inserting , section 3101(c), after by section 3101(a) ; and (ii) by striking both and inserting each ; and (B) in paragraph (2), by inserting or 3101(c) after 3101(a) each place it appears. (2) Section 15(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n(a) ) is amended by inserting (other than sections 3201(c), 3211(c), and 3221(c)) before the period at the end. (d) Effective date The amendments made by this section shall take effect 120 days after the date of the enactment of this Act. 8. Regulations The Commissioner, in consultation with the Secretary of Labor, shall prescribe regulations necessary to carry out this Act. In developing such regulations, the Commissioner shall consider the input from a volunteer advisory body comprised of not more than 15 individuals, including experts in the relevant subject matter and officials charged with implementing State paid family and medical leave insurance programs. The Commissioner shall take such programs into account when proposing regulations. Such individuals shall be appointed as follows: (1) Five individuals to be appointed by the President. (2) Three individuals to be appointed by the majority leader of the Senate. (3) Two individuals to be appointed by the minority leader of the Senate. (4) Three individuals to be appointed by the Speaker of the House of Representatives. (5) Two individuals to be appointed by the minority leader of the House of Representatives. 9. GAO Study As soon as practicable after calendar year 2024, the Comptroller General shall submit to Congress a report on family and medical leave insurance benefits paid under section 4 for any month during the 1-year period beginning on January 1, 2024. The report shall include the following: (1) An identification of the total number of applications for such benefits filed for any month during such 1-year period, and the average number of days occurring in the period beginning on the date on which such an application is received and ending on the date on which the initial determination of eligibility with respect to the application is made. (2) An identification of the total number of requests for review of an initial adverse determination of eligibility for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (3) An identification of the total number of monthly benefit claim reports for such benefits filed during such 1-year period, and the average number of days occurring in the period beginning on the date on which such a claim report is received and ending on the date on which the initial determination of eligibility with respect to the claim report is made. (4) An identification of the total number of requests for review of an initial adverse determination relating to a monthly benefit claim report for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (5) An identification of any excessive delay in any of the periods described in paragraphs (1) through (4), and a description of the causes for such delay.
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[ "Ways and Means Committee" ]
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To direct the Secretary of Health and Human Services to issue guidance on coverage under the Medicaid program under title XIX of the Social Security Act of certain pelvic health services furnished during the postpartum period, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Optimizing Postpartum Outcomes Act of 2023.", "id": "HDF89318E712C4F5EB97D4F0C6027978D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. CMS guidance \n(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance on coverage under State plans (or waivers of such plans) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or State child health plans (or waivers of such plans) under the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) of covered pelvic health services furnished during the prenatal or postpartum period. Such guidance shall include— (1) best practices from States with respect to innovative or evidenced-based payment models to increase access to covered pelvic health services; (2) recommendations for States on available financing options under— (A) the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ); and (B) the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ), specifically funds made available through a Children’s Health Insurance Program Health Services Initiative; (3) guidance and technical assistance to State agencies responsible for administering State plans (or waivers of such plans) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) regarding additional flexibilities and incentives related to screening and referral for, and access to, covered pelvic health services; and (4) guidance regarding suggested terminology and diagnosis codes, such as the International Classification of Diseases code set, to identify women with pelvic floor dysfunction and disorders. (b) GAO study \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on, and submit to Congress a report that addresses, gaps in coverage for— (1) covered pelvic health services under State plans (or waivers of such plans) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for postpartum women; and (2) other services for postpartum women who received medical assistance under a State plan (or a waiver of such plan) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) during their pregnancy. (c) Definitions \nIn this section: (1) The term postpartum period means the longer of the period of lactation or the 6-month period beginning on the last day of a woman’s pregnancy. (2) The term covered pelvic health services means— (A) pelvic floor examinations (as defined in section 317L–2 of the Public Health Service Act, as added by section 2 of this Act); and (B) pelvic health physical therapy (as defined in such section 317L–2).", "id": "H4BCD1D084D07441EA07E1B7494E731D7", "header": "CMS guidance", "nested": [ { "text": "(a) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance on coverage under State plans (or waivers of such plans) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or State child health plans (or waivers of such plans) under the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) of covered pelvic health services furnished during the prenatal or postpartum period. Such guidance shall include— (1) best practices from States with respect to innovative or evidenced-based payment models to increase access to covered pelvic health services; (2) recommendations for States on available financing options under— (A) the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ); and (B) the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ), specifically funds made available through a Children’s Health Insurance Program Health Services Initiative; (3) guidance and technical assistance to State agencies responsible for administering State plans (or waivers of such plans) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) regarding additional flexibilities and incentives related to screening and referral for, and access to, covered pelvic health services; and (4) guidance regarding suggested terminology and diagnosis codes, such as the International Classification of Diseases code set, to identify women with pelvic floor dysfunction and disorders.", "id": "H535B24CA1FA440EEBDD2D27EAE788695", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "(b) GAO study \nNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on, and submit to Congress a report that addresses, gaps in coverage for— (1) covered pelvic health services under State plans (or waivers of such plans) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for postpartum women; and (2) other services for postpartum women who received medical assistance under a State plan (or a waiver of such plan) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) during their pregnancy.", "id": "H8024884E21514B608C8CCDB306221C98", "header": "GAO study", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "(c) Definitions \nIn this section: (1) The term postpartum period means the longer of the period of lactation or the 6-month period beginning on the last day of a woman’s pregnancy. (2) The term covered pelvic health services means— (A) pelvic floor examinations (as defined in section 317L–2 of the Public Health Service Act, as added by section 2 of this Act); and (B) pelvic health physical therapy (as defined in such section 317L–2).", "id": "H131E66F3AA8848B59CF4E044E993E848", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1397aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1397aa" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "3. Postpartum pelvic health education campaign \nPart B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317L–1 ( 42 U.S.C. 247b–13a ) the following: 317L–2. Postpartum pelvic health education campaign \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, in collaboration with the Administrator of the Health Resources and Services Administration and the heads of other agencies, and in consultation with appropriate health professional associations, shall develop and carry out a program— (1) to educate and train health professionals on pelvic floor examinations and the benefits of pelvic health physical therapy; and (2) to educate postpartum women on— (A) with respect to pelvic floor examinations— (i) the importance of such examinations during the postpartum period; (ii) how to obtain such an examination, including information relating to obtaining referrals; and (iii) what is involved in such an examination; and (B) with respect to pelvic health physical therapy— (i) the benefits of, and availability of such physical therapy; and (ii) how to obtain a referral for such physical therapy. (b) Definitions \nIn this section: (1) The term pelvic floor examination means an examination to assess a patient for pelvic health related conditions that is composed of— (A) an external evaluation that includes analysis of posture, joint integrity, muscle performance, quality of movement, and palpation and observation of the pelvic floor; and (B) if deemed necessary based on the health care professional’s clinical reasoning, an internal vaginal or rectal examination, or both, to gather relevant information about the tone, strength, control, ability to contract and relax the muscles of the pelvic floor individually and together, the condition of the surrounding fascia, and the position of the organs. (2) The term pelvic health physical therapy means a personalized physical therapy plan implemented by a pelvic health physical therapist, after performing a pelvic floor examination and making a diagnosis, that is based on best available evidence to improve the patient condition, with respect to the anatomy of the pelvic floor, improve mobility, recover from injury, prevent future injury, and manage pain and chronic conditions. (3) The term pelvic health related condition includes urinary dysfunction, bowel dysfunction, musculoskeletal dysfunction, sexual dysfunction, cancer-related rehabilitation, and the pre-partum state and pre-partum conditions. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2028..", "id": "HB22C153FAA6345A7AE01BE4487287F55", "header": "Postpartum pelvic health education campaign", "nested": [], "links": [ { "text": "42 U.S.C. 243 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/243" }, { "text": "42 U.S.C. 247b–13a", "legal-doc": "usc", "parsable-cite": "usc/42/247b-13a" } ] }, { "text": "317L–2. Postpartum pelvic health education campaign \n(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, in collaboration with the Administrator of the Health Resources and Services Administration and the heads of other agencies, and in consultation with appropriate health professional associations, shall develop and carry out a program— (1) to educate and train health professionals on pelvic floor examinations and the benefits of pelvic health physical therapy; and (2) to educate postpartum women on— (A) with respect to pelvic floor examinations— (i) the importance of such examinations during the postpartum period; (ii) how to obtain such an examination, including information relating to obtaining referrals; and (iii) what is involved in such an examination; and (B) with respect to pelvic health physical therapy— (i) the benefits of, and availability of such physical therapy; and (ii) how to obtain a referral for such physical therapy. (b) Definitions \nIn this section: (1) The term pelvic floor examination means an examination to assess a patient for pelvic health related conditions that is composed of— (A) an external evaluation that includes analysis of posture, joint integrity, muscle performance, quality of movement, and palpation and observation of the pelvic floor; and (B) if deemed necessary based on the health care professional’s clinical reasoning, an internal vaginal or rectal examination, or both, to gather relevant information about the tone, strength, control, ability to contract and relax the muscles of the pelvic floor individually and together, the condition of the surrounding fascia, and the position of the organs. (2) The term pelvic health physical therapy means a personalized physical therapy plan implemented by a pelvic health physical therapist, after performing a pelvic floor examination and making a diagnosis, that is based on best available evidence to improve the patient condition, with respect to the anatomy of the pelvic floor, improve mobility, recover from injury, prevent future injury, and manage pain and chronic conditions. (3) The term pelvic health related condition includes urinary dysfunction, bowel dysfunction, musculoskeletal dysfunction, sexual dysfunction, cancer-related rehabilitation, and the pre-partum state and pre-partum conditions. (c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2028.", "id": "HDC5B6F2D9F9A46A69E2A15980F2B068A", "header": "Postpartum pelvic health education campaign", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Director of the Centers for Disease Control and Prevention, in collaboration with the Administrator of the Health Resources and Services Administration and the heads of other agencies, and in consultation with appropriate health professional associations, shall develop and carry out a program— (1) to educate and train health professionals on pelvic floor examinations and the benefits of pelvic health physical therapy; and (2) to educate postpartum women on— (A) with respect to pelvic floor examinations— (i) the importance of such examinations during the postpartum period; (ii) how to obtain such an examination, including information relating to obtaining referrals; and (iii) what is involved in such an examination; and (B) with respect to pelvic health physical therapy— (i) the benefits of, and availability of such physical therapy; and (ii) how to obtain a referral for such physical therapy.", "id": "H9D91E208327A432F87202095671769CF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) The term pelvic floor examination means an examination to assess a patient for pelvic health related conditions that is composed of— (A) an external evaluation that includes analysis of posture, joint integrity, muscle performance, quality of movement, and palpation and observation of the pelvic floor; and (B) if deemed necessary based on the health care professional’s clinical reasoning, an internal vaginal or rectal examination, or both, to gather relevant information about the tone, strength, control, ability to contract and relax the muscles of the pelvic floor individually and together, the condition of the surrounding fascia, and the position of the organs. (2) The term pelvic health physical therapy means a personalized physical therapy plan implemented by a pelvic health physical therapist, after performing a pelvic floor examination and making a diagnosis, that is based on best available evidence to improve the patient condition, with respect to the anatomy of the pelvic floor, improve mobility, recover from injury, prevent future injury, and manage pain and chronic conditions. (3) The term pelvic health related condition includes urinary dysfunction, bowel dysfunction, musculoskeletal dysfunction, sexual dysfunction, cancer-related rehabilitation, and the pre-partum state and pre-partum conditions.", "id": "H0DDF2E539A61470890A910B01EE855CB", "header": "Definitions", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2028.", "id": "HE4C0D7138C424969AFAE60882D2E921C", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Optimizing Postpartum Outcomes Act of 2023. 2. CMS guidance (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance on coverage under State plans (or waivers of such plans) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or State child health plans (or waivers of such plans) under the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ) of covered pelvic health services furnished during the prenatal or postpartum period. Such guidance shall include— (1) best practices from States with respect to innovative or evidenced-based payment models to increase access to covered pelvic health services; (2) recommendations for States on available financing options under— (A) the Medicaid program under title XIX of such Act ( 42 U.S.C. 1396 et seq. ); and (B) the Children’s Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ), specifically funds made available through a Children’s Health Insurance Program Health Services Initiative; (3) guidance and technical assistance to State agencies responsible for administering State plans (or waivers of such plans) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) regarding additional flexibilities and incentives related to screening and referral for, and access to, covered pelvic health services; and (4) guidance regarding suggested terminology and diagnosis codes, such as the International Classification of Diseases code set, to identify women with pelvic floor dysfunction and disorders. (b) GAO study Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on, and submit to Congress a report that addresses, gaps in coverage for— (1) covered pelvic health services under State plans (or waivers of such plans) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) for postpartum women; and (2) other services for postpartum women who received medical assistance under a State plan (or a waiver of such plan) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) during their pregnancy. (c) Definitions In this section: (1) The term postpartum period means the longer of the period of lactation or the 6-month period beginning on the last day of a woman’s pregnancy. (2) The term covered pelvic health services means— (A) pelvic floor examinations (as defined in section 317L–2 of the Public Health Service Act, as added by section 2 of this Act); and (B) pelvic health physical therapy (as defined in such section 317L–2). 3. Postpartum pelvic health education campaign Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by inserting after section 317L–1 ( 42 U.S.C. 247b–13a ) the following: 317L–2. Postpartum pelvic health education campaign (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in collaboration with the Administrator of the Health Resources and Services Administration and the heads of other agencies, and in consultation with appropriate health professional associations, shall develop and carry out a program— (1) to educate and train health professionals on pelvic floor examinations and the benefits of pelvic health physical therapy; and (2) to educate postpartum women on— (A) with respect to pelvic floor examinations— (i) the importance of such examinations during the postpartum period; (ii) how to obtain such an examination, including information relating to obtaining referrals; and (iii) what is involved in such an examination; and (B) with respect to pelvic health physical therapy— (i) the benefits of, and availability of such physical therapy; and (ii) how to obtain a referral for such physical therapy. (b) Definitions In this section: (1) The term pelvic floor examination means an examination to assess a patient for pelvic health related conditions that is composed of— (A) an external evaluation that includes analysis of posture, joint integrity, muscle performance, quality of movement, and palpation and observation of the pelvic floor; and (B) if deemed necessary based on the health care professional’s clinical reasoning, an internal vaginal or rectal examination, or both, to gather relevant information about the tone, strength, control, ability to contract and relax the muscles of the pelvic floor individually and together, the condition of the surrounding fascia, and the position of the organs. (2) The term pelvic health physical therapy means a personalized physical therapy plan implemented by a pelvic health physical therapist, after performing a pelvic floor examination and making a diagnosis, that is based on best available evidence to improve the patient condition, with respect to the anatomy of the pelvic floor, improve mobility, recover from injury, prevent future injury, and manage pain and chronic conditions. (3) The term pelvic health related condition includes urinary dysfunction, bowel dysfunction, musculoskeletal dysfunction, sexual dysfunction, cancer-related rehabilitation, and the pre-partum state and pre-partum conditions. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2028.. 317L–2. Postpartum pelvic health education campaign (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in collaboration with the Administrator of the Health Resources and Services Administration and the heads of other agencies, and in consultation with appropriate health professional associations, shall develop and carry out a program— (1) to educate and train health professionals on pelvic floor examinations and the benefits of pelvic health physical therapy; and (2) to educate postpartum women on— (A) with respect to pelvic floor examinations— (i) the importance of such examinations during the postpartum period; (ii) how to obtain such an examination, including information relating to obtaining referrals; and (iii) what is involved in such an examination; and (B) with respect to pelvic health physical therapy— (i) the benefits of, and availability of such physical therapy; and (ii) how to obtain a referral for such physical therapy. (b) Definitions In this section: (1) The term pelvic floor examination means an examination to assess a patient for pelvic health related conditions that is composed of— (A) an external evaluation that includes analysis of posture, joint integrity, muscle performance, quality of movement, and palpation and observation of the pelvic floor; and (B) if deemed necessary based on the health care professional’s clinical reasoning, an internal vaginal or rectal examination, or both, to gather relevant information about the tone, strength, control, ability to contract and relax the muscles of the pelvic floor individually and together, the condition of the surrounding fascia, and the position of the organs. (2) The term pelvic health physical therapy means a personalized physical therapy plan implemented by a pelvic health physical therapist, after performing a pelvic floor examination and making a diagnosis, that is based on best available evidence to improve the patient condition, with respect to the anatomy of the pelvic floor, improve mobility, recover from injury, prevent future injury, and manage pain and chronic conditions. (3) The term pelvic health related condition includes urinary dysfunction, bowel dysfunction, musculoskeletal dysfunction, sexual dysfunction, cancer-related rehabilitation, and the pre-partum state and pre-partum conditions. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2024 through 2028.
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[ "Energy and Commerce Committee" ]
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To amend the Internal Revenue Code of 1986 to provide a refundable tax credit for certain teachers as a supplement to State efforts to provide teachers with a livable wage, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Respect, Advancement, and Increasing Support for Educators Act of 2023 or the RAISE Act of 2023.", "id": "HCD28A153AC9D4A5F84AC50AD523E5BA8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Refundable teacher tax credit \n(a) Allowance of tax credit \n(1) In general \nSubpart 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: 36C. Teacher tax credit \n(a) Credit allowed \nIn the case of an individual who is an eligible educator during school years ending with or within the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the sum of— (1) $1,000, plus (2) in the case of an eligible educator who is employed at a qualifying school, the applicable amount. (b) Applicable amount \nFor purposes of subsection (a), the applicable amount is the amount which bears the same ratio (not to exceed one) to $14,000 ($9,000, in the case of any early childhood educator without a bachelor's degree) as— (1) the number of percentage points by which the student poverty ratio for such qualifying school exceeds 39 percent, bears to (2) 36 percentage points. (c) Eligible educator \nFor purposes of this section— (1) In general \nThe term eligible educator means— (A) any elementary or secondary teacher, and (B) any early childhood educator. (2) Elementary or secondary teacher \n(A) In general \nThe term elementary or secondary teacher means an individual who— (i) is a teacher of record who provides direct classroom teaching (or classroom-type teaching in a nonclassroom setting) in a public elementary school or a public secondary school for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete school year (as determined by the State in which the school is located), (ii) meets the applicable requirements for State certification and licensure in the State in which such school is located in the subject area in which the individual is the teacher of record, and (iii) has met the requirements of clauses (i) and (ii) for a period of not less than 1 year before the first day of the taxable year. (B) Teacher of record \nFor purposes of subparagraph (A), the term teacher of record means a teacher who has been assigned the responsibility for specified pupils’ learning in a grade, subject, or course as reflected on the school’s official record of attendance. (3) Early childhood educator \nThe term early childhood educator means an individual who— (A) has a Child Development Associate credential (or an equivalent credential), or has an associate's degree or higher, (B) meets the applicable requirements for State certification, licensure, or permitting under State law for early childhood education, (C) has primary responsibility for the learning and development of children in an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete program year, as determined by the Secretary of Health and Human Services, and (D) has met the requirements of subparagraphs (A), (B), and (C) for a period of not less than 1 year before the first day of the taxable year. (d) Qualifying school \n(1) In general \nThe term qualifying school means, with respect to any school year— (A) a public elementary school or a public secondary school that— (i) is served by a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), or (ii) is served by an educational service agency, or a location operated by an educational service agency, that is eligible, for the year in which the determination is made, for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), (B) an elementary school or secondary school that is funded by the Bureau of Indian Education, or (C) an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) that serves children who receive, or are eligible for, services for which financial assistance is provided in accordance with the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (2) ESEA definitions \nFor purposes of this subsection, the terms educational service agency , elementary school , local educational agency , secondary school , and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ). (e) Student poverty ratio \n(1) In general \nThe term student poverty ratio means— (A) with respect to any qualifying school described in subparagraph (A) or (B) of subsection (d)(1), the ratio (expressed as a percentage) of— (i) the total number of children served at such qualifying school meeting at least one measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ), to (ii) the total number of children served at such qualifying school, and (B) with respect to any qualifying school described in subsection (d)(1)(C), the ratio (expressed as a percentage) of— (i) the total number of children attending such qualifying school who are eligible for the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ), to (ii) the total number of children attending such qualifying school. (2) Determination of ratio \nIn determining the student poverty ratio with respect to a qualifying school under paragraph (1)(A), the Secretary shall use the same measure of poverty as is used for purposes of determining the allocation of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) with respect to the qualifying school. (f) Inflation adjustment \n(1) In general \nIn the case of any taxable year beginning after 2024, each of the dollar amounts in subsections (a) and (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2023 for calendar year 2016. (2) Rounding \nIf any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.. (2) Conforming amendments \n(A) 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 inserting after the item relating to section 36B the following new item: Sec. 36C. Teacher tax credit.. (B) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B,. (C) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B,. (b) Information sharing \n(1) In General \nThe Secretary of Education shall— (A) collect such information as necessary for purposes of determining whether a school is a qualifying school (as defined in section 36C of the Internal Revenue Code of 1986, as added by subsection (a)) and the appropriate amount of tax credit under such section; and (B) provide such information to the Secretary of the Treasury (or the Secretary's delegate). (2) Information for the Secretary of Education \nAs a condition of receiving Federal funds and if requested by the Secretary of Education, each qualifying school shall collect and submit to the Secretary of Education such information as may be necessary to enable the Secretary of Education to carry out paragraph (1). (c) Supplementation of funds \n(1) Elementary and Secondary Education \nA State educational agency or local educational agency (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. )) shall not reduce or adjust any teacher pay or teacher loan forgiveness program due to the eligibility of teachers within the jurisdiction of such agency for the tax credit under section 36C of the Internal Revenue Code of 1986. Each State educational agency and local educational agency (as so defined), upon request by the Secretary of the Treasury, shall demonstrate that the methodology used to allocate teacher pay and teacher loan forgiveness (if applicable) to qualifying schools (as defined in section 36C(d) of such Code) ensures that each such school receives the same State and local funds for teacher compensation it would receive if the credit under such section 36C had not been enacted. (2) Early childhood education \nAn agency or other entity that funds, licenses, or regulates an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) shall not reduce or adjust any teacher pay or teacher loan forgiveness program, or permit such a reduction or adjustment in the early childhood education program, due to the eligibility of teachers within the jurisdiction of such agency for the tax credit under section 36C of the Internal Revenue Code of 1986. Each such agency or entity, upon request by the Secretary of the Treasury, shall demonstrate that the methodology used to allocate teacher pay and teacher loan forgiveness (if applicable) to such early childhood education programs ensures that each such program receives the same State and local funds for teacher compensation it would receive if the credit under such section 36C had not been enacted. (d) Employer limitations \n(1) Prohibition of use in collective bargaining \nAn employer that engages in collective bargaining with employees who are eligible educators, as defined in section 36C(c) of the Internal Revenue Code of 1986, shall not include the amount of the teacher tax credit under section 36C of such Code in determining the amount of salary or other compensation provided to any employee under the collective bargaining agreement. (2) Prohibition of use as punishment or retribution \nAn employer of an eligible educator, as defined in section 36C of the Internal Revenue Code of 1986, shall not change the work assignment or location of the eligible educator if one of the primary reasons for the change is to— (A) prevent the eligible educator from receiving a teacher tax credit under section 36C of such Code; or (B) reduce the amount of the teacher tax credit that the eligible educator will receive. (3) Enforcement \nNotwithstanding any other provision of law, the Federal Labor Relations Authority shall have the authority to investigate and enforce any alleged violation of this section in the same manner, and subject to the same procedures, as would apply to an allegation of an unfair labor practice under section 7118 of title 5, United States Code. (4) Definition \nIn this subsection— (A) the term affecting commerce has the meaning given the term in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ); (B) the term employee means an employee of an employer who is employed in a business of an employer that affects commerce; and (C) the term employer means a person, including a State or political subdivision of a State, engaged in a business affecting commerce. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H2715D61315CA40418DDAF77922F58CFC", "header": "Refundable teacher tax credit", "nested": [ { "text": "(a) Allowance of tax credit \n(1) In general \nSubpart 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: 36C. Teacher tax credit \n(a) Credit allowed \nIn the case of an individual who is an eligible educator during school years ending with or within the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the sum of— (1) $1,000, plus (2) in the case of an eligible educator who is employed at a qualifying school, the applicable amount. (b) Applicable amount \nFor purposes of subsection (a), the applicable amount is the amount which bears the same ratio (not to exceed one) to $14,000 ($9,000, in the case of any early childhood educator without a bachelor's degree) as— (1) the number of percentage points by which the student poverty ratio for such qualifying school exceeds 39 percent, bears to (2) 36 percentage points. (c) Eligible educator \nFor purposes of this section— (1) In general \nThe term eligible educator means— (A) any elementary or secondary teacher, and (B) any early childhood educator. (2) Elementary or secondary teacher \n(A) In general \nThe term elementary or secondary teacher means an individual who— (i) is a teacher of record who provides direct classroom teaching (or classroom-type teaching in a nonclassroom setting) in a public elementary school or a public secondary school for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete school year (as determined by the State in which the school is located), (ii) meets the applicable requirements for State certification and licensure in the State in which such school is located in the subject area in which the individual is the teacher of record, and (iii) has met the requirements of clauses (i) and (ii) for a period of not less than 1 year before the first day of the taxable year. (B) Teacher of record \nFor purposes of subparagraph (A), the term teacher of record means a teacher who has been assigned the responsibility for specified pupils’ learning in a grade, subject, or course as reflected on the school’s official record of attendance. (3) Early childhood educator \nThe term early childhood educator means an individual who— (A) has a Child Development Associate credential (or an equivalent credential), or has an associate's degree or higher, (B) meets the applicable requirements for State certification, licensure, or permitting under State law for early childhood education, (C) has primary responsibility for the learning and development of children in an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete program year, as determined by the Secretary of Health and Human Services, and (D) has met the requirements of subparagraphs (A), (B), and (C) for a period of not less than 1 year before the first day of the taxable year. (d) Qualifying school \n(1) In general \nThe term qualifying school means, with respect to any school year— (A) a public elementary school or a public secondary school that— (i) is served by a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), or (ii) is served by an educational service agency, or a location operated by an educational service agency, that is eligible, for the year in which the determination is made, for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), (B) an elementary school or secondary school that is funded by the Bureau of Indian Education, or (C) an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) that serves children who receive, or are eligible for, services for which financial assistance is provided in accordance with the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (2) ESEA definitions \nFor purposes of this subsection, the terms educational service agency , elementary school , local educational agency , secondary school , and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ). (e) Student poverty ratio \n(1) In general \nThe term student poverty ratio means— (A) with respect to any qualifying school described in subparagraph (A) or (B) of subsection (d)(1), the ratio (expressed as a percentage) of— (i) the total number of children served at such qualifying school meeting at least one measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ), to (ii) the total number of children served at such qualifying school, and (B) with respect to any qualifying school described in subsection (d)(1)(C), the ratio (expressed as a percentage) of— (i) the total number of children attending such qualifying school who are eligible for the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ), to (ii) the total number of children attending such qualifying school. (2) Determination of ratio \nIn determining the student poverty ratio with respect to a qualifying school under paragraph (1)(A), the Secretary shall use the same measure of poverty as is used for purposes of determining the allocation of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) with respect to the qualifying school. (f) Inflation adjustment \n(1) In general \nIn the case of any taxable year beginning after 2024, each of the dollar amounts in subsections (a) and (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2023 for calendar year 2016. (2) Rounding \nIf any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.. (2) Conforming amendments \n(A) 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 inserting after the item relating to section 36B the following new item: Sec. 36C. Teacher tax credit.. (B) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B,. (C) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B,.", "id": "H682CF1FB64B44F5284FD65129BE31EB1", "header": "Allowance of tax credit", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "42 U.S.C. 9857 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9857" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "20 U.S.C. 7801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 9857 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9857" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" } ] }, { "text": "(b) Information sharing \n(1) In General \nThe Secretary of Education shall— (A) collect such information as necessary for purposes of determining whether a school is a qualifying school (as defined in section 36C of the Internal Revenue Code of 1986, as added by subsection (a)) and the appropriate amount of tax credit under such section; and (B) provide such information to the Secretary of the Treasury (or the Secretary's delegate). (2) Information for the Secretary of Education \nAs a condition of receiving Federal funds and if requested by the Secretary of Education, each qualifying school shall collect and submit to the Secretary of Education such information as may be necessary to enable the Secretary of Education to carry out paragraph (1).", "id": "H2D8EC761D19D4144A78899283031B7B5", "header": "Information sharing", "nested": [], "links": [ { "text": "section 36C", "legal-doc": "usc", "parsable-cite": "usc/26/36C" } ] }, { "text": "(c) Supplementation of funds \n(1) Elementary and Secondary Education \nA State educational agency or local educational agency (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. )) shall not reduce or adjust any teacher pay or teacher loan forgiveness program due to the eligibility of teachers within the jurisdiction of such agency for the tax credit under section 36C of the Internal Revenue Code of 1986. Each State educational agency and local educational agency (as so defined), upon request by the Secretary of the Treasury, shall demonstrate that the methodology used to allocate teacher pay and teacher loan forgiveness (if applicable) to qualifying schools (as defined in section 36C(d) of such Code) ensures that each such school receives the same State and local funds for teacher compensation it would receive if the credit under such section 36C had not been enacted. (2) Early childhood education \nAn agency or other entity that funds, licenses, or regulates an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) shall not reduce or adjust any teacher pay or teacher loan forgiveness program, or permit such a reduction or adjustment in the early childhood education program, due to the eligibility of teachers within the jurisdiction of such agency for the tax credit under section 36C of the Internal Revenue Code of 1986. Each such agency or entity, upon request by the Secretary of the Treasury, shall demonstrate that the methodology used to allocate teacher pay and teacher loan forgiveness (if applicable) to such early childhood education programs ensures that each such program receives the same State and local funds for teacher compensation it would receive if the credit under such section 36C had not been enacted.", "id": "H9D75ECE8E5FF40EAB16F3B506D0FBA27", "header": "Supplementation of funds", "nested": [], "links": [ { "text": "20 U.S.C. 7801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "section 36C", "legal-doc": "usc", "parsable-cite": "usc/26/36C" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "section 36C", "legal-doc": "usc", "parsable-cite": "usc/26/36C" } ] }, { "text": "(d) Employer limitations \n(1) Prohibition of use in collective bargaining \nAn employer that engages in collective bargaining with employees who are eligible educators, as defined in section 36C(c) of the Internal Revenue Code of 1986, shall not include the amount of the teacher tax credit under section 36C of such Code in determining the amount of salary or other compensation provided to any employee under the collective bargaining agreement. (2) Prohibition of use as punishment or retribution \nAn employer of an eligible educator, as defined in section 36C of the Internal Revenue Code of 1986, shall not change the work assignment or location of the eligible educator if one of the primary reasons for the change is to— (A) prevent the eligible educator from receiving a teacher tax credit under section 36C of such Code; or (B) reduce the amount of the teacher tax credit that the eligible educator will receive. (3) Enforcement \nNotwithstanding any other provision of law, the Federal Labor Relations Authority shall have the authority to investigate and enforce any alleged violation of this section in the same manner, and subject to the same procedures, as would apply to an allegation of an unfair labor practice under section 7118 of title 5, United States Code. (4) Definition \nIn this subsection— (A) the term affecting commerce has the meaning given the term in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ); (B) the term employee means an employee of an employer who is employed in a business of an employer that affects commerce; and (C) the term employer means a person, including a State or political subdivision of a State, engaged in a business affecting commerce.", "id": "H7C752FBC37A44293ABEF9C97C055C233", "header": "Employer limitations", "nested": [], "links": [ { "text": "section 36C(c)", "legal-doc": "usc", "parsable-cite": "usc/26/36C" }, { "text": "section 36C", "legal-doc": "usc", "parsable-cite": "usc/26/36C" }, { "text": "29 U.S.C. 152", "legal-doc": "usc", "parsable-cite": "usc/29/152" } ] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H49C9346705904C1B8CE02B2379197AAB", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "42 U.S.C. 9857 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9857" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "20 U.S.C. 7801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 9857 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9857" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "section 36C", "legal-doc": "usc", "parsable-cite": "usc/26/36C" }, { "text": "20 U.S.C. 7801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "section 36C", "legal-doc": "usc", "parsable-cite": "usc/26/36C" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "section 36C", "legal-doc": "usc", "parsable-cite": "usc/26/36C" }, { "text": "section 36C(c)", "legal-doc": "usc", "parsable-cite": "usc/26/36C" }, { "text": "section 36C", "legal-doc": "usc", "parsable-cite": "usc/26/36C" }, { "text": "29 U.S.C. 152", "legal-doc": "usc", "parsable-cite": "usc/29/152" } ] }, { "text": "36C. Teacher tax credit \n(a) Credit allowed \nIn the case of an individual who is an eligible educator during school years ending with or within the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the sum of— (1) $1,000, plus (2) in the case of an eligible educator who is employed at a qualifying school, the applicable amount. (b) Applicable amount \nFor purposes of subsection (a), the applicable amount is the amount which bears the same ratio (not to exceed one) to $14,000 ($9,000, in the case of any early childhood educator without a bachelor's degree) as— (1) the number of percentage points by which the student poverty ratio for such qualifying school exceeds 39 percent, bears to (2) 36 percentage points. (c) Eligible educator \nFor purposes of this section— (1) In general \nThe term eligible educator means— (A) any elementary or secondary teacher, and (B) any early childhood educator. (2) Elementary or secondary teacher \n(A) In general \nThe term elementary or secondary teacher means an individual who— (i) is a teacher of record who provides direct classroom teaching (or classroom-type teaching in a nonclassroom setting) in a public elementary school or a public secondary school for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete school year (as determined by the State in which the school is located), (ii) meets the applicable requirements for State certification and licensure in the State in which such school is located in the subject area in which the individual is the teacher of record, and (iii) has met the requirements of clauses (i) and (ii) for a period of not less than 1 year before the first day of the taxable year. (B) Teacher of record \nFor purposes of subparagraph (A), the term teacher of record means a teacher who has been assigned the responsibility for specified pupils’ learning in a grade, subject, or course as reflected on the school’s official record of attendance. (3) Early childhood educator \nThe term early childhood educator means an individual who— (A) has a Child Development Associate credential (or an equivalent credential), or has an associate's degree or higher, (B) meets the applicable requirements for State certification, licensure, or permitting under State law for early childhood education, (C) has primary responsibility for the learning and development of children in an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete program year, as determined by the Secretary of Health and Human Services, and (D) has met the requirements of subparagraphs (A), (B), and (C) for a period of not less than 1 year before the first day of the taxable year. (d) Qualifying school \n(1) In general \nThe term qualifying school means, with respect to any school year— (A) a public elementary school or a public secondary school that— (i) is served by a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), or (ii) is served by an educational service agency, or a location operated by an educational service agency, that is eligible, for the year in which the determination is made, for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), (B) an elementary school or secondary school that is funded by the Bureau of Indian Education, or (C) an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) that serves children who receive, or are eligible for, services for which financial assistance is provided in accordance with the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (2) ESEA definitions \nFor purposes of this subsection, the terms educational service agency , elementary school , local educational agency , secondary school , and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ). (e) Student poverty ratio \n(1) In general \nThe term student poverty ratio means— (A) with respect to any qualifying school described in subparagraph (A) or (B) of subsection (d)(1), the ratio (expressed as a percentage) of— (i) the total number of children served at such qualifying school meeting at least one measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ), to (ii) the total number of children served at such qualifying school, and (B) with respect to any qualifying school described in subsection (d)(1)(C), the ratio (expressed as a percentage) of— (i) the total number of children attending such qualifying school who are eligible for the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ), to (ii) the total number of children attending such qualifying school. (2) Determination of ratio \nIn determining the student poverty ratio with respect to a qualifying school under paragraph (1)(A), the Secretary shall use the same measure of poverty as is used for purposes of determining the allocation of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) with respect to the qualifying school. (f) Inflation adjustment \n(1) In general \nIn the case of any taxable year beginning after 2024, each of the dollar amounts in subsections (a) and (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2023 for calendar year 2016. (2) Rounding \nIf any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.", "id": "HD072CCCC06CC44BCA801693828723C2C", "header": "Teacher tax credit", "nested": [ { "text": "(a) Credit allowed \nIn the case of an individual who is an eligible educator during school years ending with or within the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the sum of— (1) $1,000, plus (2) in the case of an eligible educator who is employed at a qualifying school, the applicable amount.", "id": "HAF5E4EF5CF0844B9BF5CB2DBBBEC52F7", "header": "Credit allowed", "nested": [], "links": [] }, { "text": "(b) Applicable amount \nFor purposes of subsection (a), the applicable amount is the amount which bears the same ratio (not to exceed one) to $14,000 ($9,000, in the case of any early childhood educator without a bachelor's degree) as— (1) the number of percentage points by which the student poverty ratio for such qualifying school exceeds 39 percent, bears to (2) 36 percentage points.", "id": "HDA6E5075B8A44BE59AF1253B45D8A25D", "header": "Applicable amount", "nested": [], "links": [] }, { "text": "(c) Eligible educator \nFor purposes of this section— (1) In general \nThe term eligible educator means— (A) any elementary or secondary teacher, and (B) any early childhood educator. (2) Elementary or secondary teacher \n(A) In general \nThe term elementary or secondary teacher means an individual who— (i) is a teacher of record who provides direct classroom teaching (or classroom-type teaching in a nonclassroom setting) in a public elementary school or a public secondary school for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete school year (as determined by the State in which the school is located), (ii) meets the applicable requirements for State certification and licensure in the State in which such school is located in the subject area in which the individual is the teacher of record, and (iii) has met the requirements of clauses (i) and (ii) for a period of not less than 1 year before the first day of the taxable year. (B) Teacher of record \nFor purposes of subparagraph (A), the term teacher of record means a teacher who has been assigned the responsibility for specified pupils’ learning in a grade, subject, or course as reflected on the school’s official record of attendance. (3) Early childhood educator \nThe term early childhood educator means an individual who— (A) has a Child Development Associate credential (or an equivalent credential), or has an associate's degree or higher, (B) meets the applicable requirements for State certification, licensure, or permitting under State law for early childhood education, (C) has primary responsibility for the learning and development of children in an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete program year, as determined by the Secretary of Health and Human Services, and (D) has met the requirements of subparagraphs (A), (B), and (C) for a period of not less than 1 year before the first day of the taxable year.", "id": "H525E56D28C9F429DA0AE7CE9EA804892", "header": "Eligible educator", "nested": [], "links": [ { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" } ] }, { "text": "(d) Qualifying school \n(1) In general \nThe term qualifying school means, with respect to any school year— (A) a public elementary school or a public secondary school that— (i) is served by a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), or (ii) is served by an educational service agency, or a location operated by an educational service agency, that is eligible, for the year in which the determination is made, for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), (B) an elementary school or secondary school that is funded by the Bureau of Indian Education, or (C) an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) that serves children who receive, or are eligible for, services for which financial assistance is provided in accordance with the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (2) ESEA definitions \nFor purposes of this subsection, the terms educational service agency , elementary school , local educational agency , secondary school , and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ).", "id": "HF1F39C897E294730B0F80D67CF6E8B83", "header": "Qualifying school", "nested": [], "links": [ { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "42 U.S.C. 9857 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9857" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "20 U.S.C. 7801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(e) Student poverty ratio \n(1) In general \nThe term student poverty ratio means— (A) with respect to any qualifying school described in subparagraph (A) or (B) of subsection (d)(1), the ratio (expressed as a percentage) of— (i) the total number of children served at such qualifying school meeting at least one measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ), to (ii) the total number of children served at such qualifying school, and (B) with respect to any qualifying school described in subsection (d)(1)(C), the ratio (expressed as a percentage) of— (i) the total number of children attending such qualifying school who are eligible for the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ), to (ii) the total number of children attending such qualifying school. (2) Determination of ratio \nIn determining the student poverty ratio with respect to a qualifying school under paragraph (1)(A), the Secretary shall use the same measure of poverty as is used for purposes of determining the allocation of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) with respect to the qualifying school.", "id": "H6F23BDFB3BAB40CE90F78A0E28FE6842", "header": "Student poverty ratio", "nested": [], "links": [ { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 9857 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9857" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "(f) Inflation adjustment \n(1) In general \nIn the case of any taxable year beginning after 2024, each of the dollar amounts in subsections (a) and (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2023 for calendar year 2016. (2) Rounding \nIf any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.", "id": "H95C62ED6A53C4A9CA7473B9E822F118B", "header": "Inflation adjustment", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" }, { "text": "42 U.S.C. 9857 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9857" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "20 U.S.C. 7801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 6313(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/20/6313" }, { "text": "42 U.S.C. 9857 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9857" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "3. Increase in and expansion of deduction for expenses of elementary and secondary school teachers \n(a) Increase \n(1) In general \nSubparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended by striking $250 and inserting $500. (2) Inflation adjustment \nSection 62(d)(3) of such Code is amended— (A) by striking 2015 and inserting 2024 ; (B) by striking the $250 amount and inserting each of the dollar amounts ; and (C) by striking 2014 in subparagraph (B) thereof and inserting 2023. (b) Expansion to early childhood educators \nSection 62(d)(1)(A) of the Internal Revenue Code of 1986 is amended— (1) by striking who is a kindergarten and inserting who is— (i) a kindergarten ; (2) by striking the period at the end and inserting , or ; and (3) by adding at the end the following new subparagraph: (ii) an early childhood educator (as defined in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 )) in an early childhood education program (as defined in section 103 of such Act ( 20 U.S.C. 1003 )) for at least 1,020 hours during a year.. (c) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.", "id": "H4DD47FCA55354426A9D74A60E19A147E", "header": "Increase in and expansion of deduction for expenses of elementary and secondary school teachers", "nested": [ { "text": "(a) Increase \n(1) In general \nSubparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended by striking $250 and inserting $500. (2) Inflation adjustment \nSection 62(d)(3) of such Code is amended— (A) by striking 2015 and inserting 2024 ; (B) by striking the $250 amount and inserting each of the dollar amounts ; and (C) by striking 2014 in subparagraph (B) thereof and inserting 2023.", "id": "HF82E6B24261D43658E2E1F2FBC608CAA", "header": "Increase", "nested": [], "links": [ { "text": "section 62(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/62" } ] }, { "text": "(b) Expansion to early childhood educators \nSection 62(d)(1)(A) of the Internal Revenue Code of 1986 is amended— (1) by striking who is a kindergarten and inserting who is— (i) a kindergarten ; (2) by striking the period at the end and inserting , or ; and (3) by adding at the end the following new subparagraph: (ii) an early childhood educator (as defined in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 )) in an early childhood education program (as defined in section 103 of such Act ( 20 U.S.C. 1003 )) for at least 1,020 hours during a year..", "id": "HD37E09C1872E4FD2B8F193340BBC0A15", "header": "Expansion to early childhood educators", "nested": [], "links": [ { "text": "Section 62(d)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/62" }, { "text": "20 U.S.C. 1021", "legal-doc": "usc", "parsable-cite": "usc/20/1021" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.", "id": "H81BA7D994D324E089429C4369D6D5005", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 62(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/62" }, { "text": "Section 62(d)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/62" }, { "text": "20 U.S.C. 1021", "legal-doc": "usc", "parsable-cite": "usc/20/1021" }, { "text": "20 U.S.C. 1003", "legal-doc": "usc", "parsable-cite": "usc/20/1003" } ] }, { "text": "4. Mandatory funding to support local educational agencies that maintain or increase teacher salaries \nSection 2003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6603 ) is amended— (1) in the section heading, by striking Authorization of appropriations and inserting Funding ; and (2) by striking subsection (a) and inserting the following: (a) Appropriations for part A \n(1) In general \nThere are authorized to be appropriated, and there are appropriated, out of any funds not otherwise appropriated— (A) for fiscal year 2023, $5,200,000,000 to carry out part A; and (B) for fiscal year 2024 and each succeeding fiscal year, the amount appropriated under this paragraph for the preceding year, increased by a percentage equal to the annual percentage increase in the Consumer Price Index for All Urban Consumers published by the Department of Labor for the most recent calendar year. (2) Reservation for teacher salary incentive grants \n(A) Definitions \nIn this paragraph: (i) Eligible local educational agency \nThe term eligible local educational agency means a local educational agency that, for the preceding school year, maintained or increased the salary schedule for all teachers employed by the local educational agency. (ii) Teacher salary incentive reservation \nThe term teacher salary incentive reservation means, for each fiscal year, the amount that is 20 percent of the amount by which the funds appropriated under paragraph (1) for the fiscal year exceeds $2,200,000,000. (B) In general \nFor each fiscal year for which the total amount appropriated under paragraph (1) is greater than $2,200,000,000, the Secretary shall, after making any reservations under section 2101(a), reserve and use the teacher salary incentive reservation to award grants, based on allotments under subparagraph (C), to eligible local educational agencies for purposes described in subparagraph (E). (C) Allotments \nAn allotment under this subparagraph for a fiscal year to an eligible local educational agency shall bear the same relationship to the teacher salary incentive reservation as the number of children counted under section 1124(c) who are served by the local educational agency bears to the total number of such children counted under such section served by all eligible local educational agencies that submitted an application under subparagraph (D). (D) Application \nAn eligible local educational agency desiring an allotment under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (E) Use of funds \nA local educational agency receiving an allotment under subparagraph (C) may use the allotment to carry out one or more of the following: (i) Comprehensive teacher or school leader preparation programs described subsection (d), (e), or (f) of section 202 of the Higher Education Act of 1965. (ii) Support for teachers to earn certifications or credentials in high-need fields or advanced credentials, such as certification or credentialing by the National Board for Professional Teaching Standards. (iii) Teacher leadership programs. (iv) Induction or mentoring programs for new teachers, principals, or other school leaders. (v) High-quality research-based professional development. (vi) Other activities approved by the Secretary that— (I) promote and strengthen the teaching profession; (II) attract, retain, and diversify the educator workforce; or (III) advance the skills and efficacy of the educator workforce. (F) Supplement, not supplant \nA local educational agency receiving an allotment under subparagraph (C) shall use the allotment to supplement, and not supplant, any State funds or efforts to raise teacher pay..", "id": "HD0A1C0BEE94745EF958207AC8306862A", "header": "Mandatory funding to support local educational agencies that maintain or increase teacher salaries", "nested": [], "links": [ { "text": "20 U.S.C. 6603", "legal-doc": "usc", "parsable-cite": "usc/20/6603" } ] } ]
5
1. Short title This Act may be cited as the Respect, Advancement, and Increasing Support for Educators Act of 2023 or the RAISE Act of 2023. 2. Refundable teacher tax credit (a) Allowance of tax credit (1) 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: 36C. Teacher tax credit (a) Credit allowed In the case of an individual who is an eligible educator during school years ending with or within the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the sum of— (1) $1,000, plus (2) in the case of an eligible educator who is employed at a qualifying school, the applicable amount. (b) Applicable amount For purposes of subsection (a), the applicable amount is the amount which bears the same ratio (not to exceed one) to $14,000 ($9,000, in the case of any early childhood educator without a bachelor's degree) as— (1) the number of percentage points by which the student poverty ratio for such qualifying school exceeds 39 percent, bears to (2) 36 percentage points. (c) Eligible educator For purposes of this section— (1) In general The term eligible educator means— (A) any elementary or secondary teacher, and (B) any early childhood educator. (2) Elementary or secondary teacher (A) In general The term elementary or secondary teacher means an individual who— (i) is a teacher of record who provides direct classroom teaching (or classroom-type teaching in a nonclassroom setting) in a public elementary school or a public secondary school for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete school year (as determined by the State in which the school is located), (ii) meets the applicable requirements for State certification and licensure in the State in which such school is located in the subject area in which the individual is the teacher of record, and (iii) has met the requirements of clauses (i) and (ii) for a period of not less than 1 year before the first day of the taxable year. (B) Teacher of record For purposes of subparagraph (A), the term teacher of record means a teacher who has been assigned the responsibility for specified pupils’ learning in a grade, subject, or course as reflected on the school’s official record of attendance. (3) Early childhood educator The term early childhood educator means an individual who— (A) has a Child Development Associate credential (or an equivalent credential), or has an associate's degree or higher, (B) meets the applicable requirements for State certification, licensure, or permitting under State law for early childhood education, (C) has primary responsibility for the learning and development of children in an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete program year, as determined by the Secretary of Health and Human Services, and (D) has met the requirements of subparagraphs (A), (B), and (C) for a period of not less than 1 year before the first day of the taxable year. (d) Qualifying school (1) In general The term qualifying school means, with respect to any school year— (A) a public elementary school or a public secondary school that— (i) is served by a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), or (ii) is served by an educational service agency, or a location operated by an educational service agency, that is eligible, for the year in which the determination is made, for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), (B) an elementary school or secondary school that is funded by the Bureau of Indian Education, or (C) an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) that serves children who receive, or are eligible for, services for which financial assistance is provided in accordance with the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (2) ESEA definitions For purposes of this subsection, the terms educational service agency , elementary school , local educational agency , secondary school , and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ). (e) Student poverty ratio (1) In general The term student poverty ratio means— (A) with respect to any qualifying school described in subparagraph (A) or (B) of subsection (d)(1), the ratio (expressed as a percentage) of— (i) the total number of children served at such qualifying school meeting at least one measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ), to (ii) the total number of children served at such qualifying school, and (B) with respect to any qualifying school described in subsection (d)(1)(C), the ratio (expressed as a percentage) of— (i) the total number of children attending such qualifying school who are eligible for the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ), to (ii) the total number of children attending such qualifying school. (2) Determination of ratio In determining the student poverty ratio with respect to a qualifying school under paragraph (1)(A), the Secretary shall use the same measure of poverty as is used for purposes of determining the allocation of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) with respect to the qualifying school. (f) Inflation adjustment (1) In general In the case of any taxable year beginning after 2024, each of the dollar amounts in subsections (a) and (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2023 for calendar year 2016. (2) Rounding If any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.. (2) Conforming amendments (A) 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 inserting after the item relating to section 36B the following new item: Sec. 36C. Teacher tax credit.. (B) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B,. (C) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B,. (b) Information sharing (1) In General The Secretary of Education shall— (A) collect such information as necessary for purposes of determining whether a school is a qualifying school (as defined in section 36C of the Internal Revenue Code of 1986, as added by subsection (a)) and the appropriate amount of tax credit under such section; and (B) provide such information to the Secretary of the Treasury (or the Secretary's delegate). (2) Information for the Secretary of Education As a condition of receiving Federal funds and if requested by the Secretary of Education, each qualifying school shall collect and submit to the Secretary of Education such information as may be necessary to enable the Secretary of Education to carry out paragraph (1). (c) Supplementation of funds (1) Elementary and Secondary Education A State educational agency or local educational agency (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. )) shall not reduce or adjust any teacher pay or teacher loan forgiveness program due to the eligibility of teachers within the jurisdiction of such agency for the tax credit under section 36C of the Internal Revenue Code of 1986. Each State educational agency and local educational agency (as so defined), upon request by the Secretary of the Treasury, shall demonstrate that the methodology used to allocate teacher pay and teacher loan forgiveness (if applicable) to qualifying schools (as defined in section 36C(d) of such Code) ensures that each such school receives the same State and local funds for teacher compensation it would receive if the credit under such section 36C had not been enacted. (2) Early childhood education An agency or other entity that funds, licenses, or regulates an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) shall not reduce or adjust any teacher pay or teacher loan forgiveness program, or permit such a reduction or adjustment in the early childhood education program, due to the eligibility of teachers within the jurisdiction of such agency for the tax credit under section 36C of the Internal Revenue Code of 1986. Each such agency or entity, upon request by the Secretary of the Treasury, shall demonstrate that the methodology used to allocate teacher pay and teacher loan forgiveness (if applicable) to such early childhood education programs ensures that each such program receives the same State and local funds for teacher compensation it would receive if the credit under such section 36C had not been enacted. (d) Employer limitations (1) Prohibition of use in collective bargaining An employer that engages in collective bargaining with employees who are eligible educators, as defined in section 36C(c) of the Internal Revenue Code of 1986, shall not include the amount of the teacher tax credit under section 36C of such Code in determining the amount of salary or other compensation provided to any employee under the collective bargaining agreement. (2) Prohibition of use as punishment or retribution An employer of an eligible educator, as defined in section 36C of the Internal Revenue Code of 1986, shall not change the work assignment or location of the eligible educator if one of the primary reasons for the change is to— (A) prevent the eligible educator from receiving a teacher tax credit under section 36C of such Code; or (B) reduce the amount of the teacher tax credit that the eligible educator will receive. (3) Enforcement Notwithstanding any other provision of law, the Federal Labor Relations Authority shall have the authority to investigate and enforce any alleged violation of this section in the same manner, and subject to the same procedures, as would apply to an allegation of an unfair labor practice under section 7118 of title 5, United States Code. (4) Definition In this subsection— (A) the term affecting commerce has the meaning given the term in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ); (B) the term employee means an employee of an employer who is employed in a business of an employer that affects commerce; and (C) the term employer means a person, including a State or political subdivision of a State, engaged in a business affecting commerce. (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 36C. Teacher tax credit (a) Credit allowed In the case of an individual who is an eligible educator during school years ending with or within the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to the sum of— (1) $1,000, plus (2) in the case of an eligible educator who is employed at a qualifying school, the applicable amount. (b) Applicable amount For purposes of subsection (a), the applicable amount is the amount which bears the same ratio (not to exceed one) to $14,000 ($9,000, in the case of any early childhood educator without a bachelor's degree) as— (1) the number of percentage points by which the student poverty ratio for such qualifying school exceeds 39 percent, bears to (2) 36 percentage points. (c) Eligible educator For purposes of this section— (1) In general The term eligible educator means— (A) any elementary or secondary teacher, and (B) any early childhood educator. (2) Elementary or secondary teacher (A) In general The term elementary or secondary teacher means an individual who— (i) is a teacher of record who provides direct classroom teaching (or classroom-type teaching in a nonclassroom setting) in a public elementary school or a public secondary school for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete school year (as determined by the State in which the school is located), (ii) meets the applicable requirements for State certification and licensure in the State in which such school is located in the subject area in which the individual is the teacher of record, and (iii) has met the requirements of clauses (i) and (ii) for a period of not less than 1 year before the first day of the taxable year. (B) Teacher of record For purposes of subparagraph (A), the term teacher of record means a teacher who has been assigned the responsibility for specified pupils’ learning in a grade, subject, or course as reflected on the school’s official record of attendance. (3) Early childhood educator The term early childhood educator means an individual who— (A) has a Child Development Associate credential (or an equivalent credential), or has an associate's degree or higher, (B) meets the applicable requirements for State certification, licensure, or permitting under State law for early childhood education, (C) has primary responsibility for the learning and development of children in an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) for not less than 75 percent of the normal or statutory number of hours of work for a full-time teacher over a complete program year, as determined by the Secretary of Health and Human Services, and (D) has met the requirements of subparagraphs (A), (B), and (C) for a period of not less than 1 year before the first day of the taxable year. (d) Qualifying school (1) In general The term qualifying school means, with respect to any school year— (A) a public elementary school or a public secondary school that— (i) is served by a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), or (ii) is served by an educational service agency, or a location operated by an educational service agency, that is eligible, for the year in which the determination is made, for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), (B) an elementary school or secondary school that is funded by the Bureau of Indian Education, or (C) an early childhood education program (as defined in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 )) that serves children who receive, or are eligible for, services for which financial assistance is provided in accordance with the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ). (2) ESEA definitions For purposes of this subsection, the terms educational service agency , elementary school , local educational agency , secondary school , and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ). (e) Student poverty ratio (1) In general The term student poverty ratio means— (A) with respect to any qualifying school described in subparagraph (A) or (B) of subsection (d)(1), the ratio (expressed as a percentage) of— (i) the total number of children served at such qualifying school meeting at least one measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ), to (ii) the total number of children served at such qualifying school, and (B) with respect to any qualifying school described in subsection (d)(1)(C), the ratio (expressed as a percentage) of— (i) the total number of children attending such qualifying school who are eligible for the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9857 et seq. ) or the child and adult care food program established under section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ), to (ii) the total number of children attending such qualifying school. (2) Determination of ratio In determining the student poverty ratio with respect to a qualifying school under paragraph (1)(A), the Secretary shall use the same measure of poverty as is used for purposes of determining the allocation of funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) with respect to the qualifying school. (f) Inflation adjustment (1) In general In the case of any taxable year beginning after 2024, each of the dollar amounts in subsections (a) and (b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2023 for calendar year 2016. (2) Rounding If any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. 3. Increase in and expansion of deduction for expenses of elementary and secondary school teachers (a) Increase (1) In general Subparagraph (D) of section 62(a)(2) of the Internal Revenue Code of 1986 is amended by striking $250 and inserting $500. (2) Inflation adjustment Section 62(d)(3) of such Code is amended— (A) by striking 2015 and inserting 2024 ; (B) by striking the $250 amount and inserting each of the dollar amounts ; and (C) by striking 2014 in subparagraph (B) thereof and inserting 2023. (b) Expansion to early childhood educators Section 62(d)(1)(A) of the Internal Revenue Code of 1986 is amended— (1) by striking who is a kindergarten and inserting who is— (i) a kindergarten ; (2) by striking the period at the end and inserting , or ; and (3) by adding at the end the following new subparagraph: (ii) an early childhood educator (as defined in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 )) in an early childhood education program (as defined in section 103 of such Act ( 20 U.S.C. 1003 )) for at least 1,020 hours during a year.. (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. 4. Mandatory funding to support local educational agencies that maintain or increase teacher salaries Section 2003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6603 ) is amended— (1) in the section heading, by striking Authorization of appropriations and inserting Funding ; and (2) by striking subsection (a) and inserting the following: (a) Appropriations for part A (1) In general There are authorized to be appropriated, and there are appropriated, out of any funds not otherwise appropriated— (A) for fiscal year 2023, $5,200,000,000 to carry out part A; and (B) for fiscal year 2024 and each succeeding fiscal year, the amount appropriated under this paragraph for the preceding year, increased by a percentage equal to the annual percentage increase in the Consumer Price Index for All Urban Consumers published by the Department of Labor for the most recent calendar year. (2) Reservation for teacher salary incentive grants (A) Definitions In this paragraph: (i) Eligible local educational agency The term eligible local educational agency means a local educational agency that, for the preceding school year, maintained or increased the salary schedule for all teachers employed by the local educational agency. (ii) Teacher salary incentive reservation The term teacher salary incentive reservation means, for each fiscal year, the amount that is 20 percent of the amount by which the funds appropriated under paragraph (1) for the fiscal year exceeds $2,200,000,000. (B) In general For each fiscal year for which the total amount appropriated under paragraph (1) is greater than $2,200,000,000, the Secretary shall, after making any reservations under section 2101(a), reserve and use the teacher salary incentive reservation to award grants, based on allotments under subparagraph (C), to eligible local educational agencies for purposes described in subparagraph (E). (C) Allotments An allotment under this subparagraph for a fiscal year to an eligible local educational agency shall bear the same relationship to the teacher salary incentive reservation as the number of children counted under section 1124(c) who are served by the local educational agency bears to the total number of such children counted under such section served by all eligible local educational agencies that submitted an application under subparagraph (D). (D) Application An eligible local educational agency desiring an allotment under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (E) Use of funds A local educational agency receiving an allotment under subparagraph (C) may use the allotment to carry out one or more of the following: (i) Comprehensive teacher or school leader preparation programs described subsection (d), (e), or (f) of section 202 of the Higher Education Act of 1965. (ii) Support for teachers to earn certifications or credentials in high-need fields or advanced credentials, such as certification or credentialing by the National Board for Professional Teaching Standards. (iii) Teacher leadership programs. (iv) Induction or mentoring programs for new teachers, principals, or other school leaders. (v) High-quality research-based professional development. (vi) Other activities approved by the Secretary that— (I) promote and strengthen the teaching profession; (II) attract, retain, and diversify the educator workforce; or (III) advance the skills and efficacy of the educator workforce. (F) Supplement, not supplant A local educational agency receiving an allotment under subparagraph (C) shall use the allotment to supplement, and not supplant, any State funds or efforts to raise teacher pay..
23,288
[ "Education and the Workforce Committee", "Ways and Means Committee" ]
118hr7061ih
118
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7,061
ih
To provide loans and other financial assistance to small businesses affected by the wildfires on Maui, and for other purpose.
[ { "text": "1. Short title \nThis Act may be cited as the Healing and Economic Advancement for Local businesses in Maui Act or the HEAL Maui Act.", "id": "HC098C9CE18044C99B56A5BE6DED755AE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Emergency EIDL grants \n(a) Definitions \nIn this section— (1) the term covered entity means— (A) a business with not more than 500 employees; (B) any individual who operates under a sole proprietorship, with or without employees, or as an independent contractor; (C) a cooperative with not more than 500 employees; (D) an ESOP (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) with not more than 500 employees; or (E) a tribal small business concern, as described in section 31(b)(2)(C) of the Small Business Act ( 15 U.S.C. 657a(b)(2)(C) ), with not more than 500 employees; (2) the term covered period means the period beginning on August 8, 2023, and ending on May 10, 2024; (3) the term eligible entity means a covered entity the principal office of which is located on Maui and not fewer than 35 percent of the employees of which reside on Maui; and (4) the term Hawai’i Wildfires means wildfires occurring in Hawai’i during the period beginning on August 1, 2023, and ending on September 30, 2023. (b) Eligible entities \nDuring the covered period, in addition to small business concerns, private nonprofit organizations, and small agricultural cooperatives, an eligible entity shall be eligible for a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ). (c) Terms; credit elsewhere \nWith respect to a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) during the covered period in response to the Hawai‘i Wildfires, the Administrator shall waive— (1) any rules related to personal guarantee on advances and loans of not more than $200,000 during the covered period for all applicants; (2) the requirement that an applicant needs to be in business for the 1-year period before the disaster, except that no waiver may be made for a business that was not in operation on August 8, 2023; and (3) the requirement in the flush matter following subparagraph (E) of section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) that an applicant be unable to obtain credit elsewhere. (d) Approval and Ability To Repay for Small Dollar Loans \nWith respect to a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) during the covered period in response to the Hawai‘i Wildfires, the Administrator may— (1) approve an applicant based solely on the credit score of the applicant and shall not require an applicant to submit a tax return or a tax return transcript for such approval; or (2) use alternative appropriate methods to determine an applicant's ability to repay. (e) Emergency grant \n(1) In general \nDuring the covered period, an entity made eligible for a loan under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) by subsection (b) of this Act, including small business concerns, private nonprofit organizations, and small agricultural cooperatives, that applies for a loan under such section 7(b)(2) in response to the Hawai‘i Wildfires may request that the Administrator provide to such entity an advance that is, subject to paragraph (4), in the amount requested by such entity. (2) Timing \nThe Administrator shall provide an advance under this subsection to the entity requesting such advance not later than three days after the Administrator receives from such entity an application for a loan under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) in response to the Hawai‘i Wildfires, a request for such advance, and the self-certification required by paragraph (3). (3) Verification \n(A) In general \nAn entity seeking an advance under this subsection shall submit to the Administrator, under penalty of perjury pursuant to section 1746 of title 28, United States Code, a self-certification that such entity is an eligible entity. (B) Timing \nThe Administrator may not disburse any amounts under this subsection to an entity before such entity submits a self-certification under subparagraph (A). (4) Amount \nThe amount of an advance provided under this subsection shall be not more than $15,000. (5) Prioritization \n(A) In general \nThe Administrator shall prioritize providing advances under this subsection to eligible entities that experienced economic loss of not less than 30 percent. (B) Economic loss defined \nIn this paragraph, the term economic loss means, with respect to an eligible entity— (i) the amount by which the gross receipts of the eligible entity declined during an 8-week period between August 8, 2023, and May 10, 2024, relative to a comparable 8-week period between January 1, 2022, and August 7, 2023; or (ii) if the eligible entity is a seasonal business concern, such other amount determined appropriate by the Administrator. (6) Use of funds \nAn advance provided under this subsection may be used to address any allowable purpose for a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ), including— (A) maintaining payroll to retain employees during business disruptions or substantial slowdowns; (B) paying increased costs to obtain materials due to disruptions to supply chains; (C) making rent or mortgage payments; and (D) repaying obligations that cannot be met due to revenue losses. (7) Repayment \n(A) In general \nAn entity shall not be required to repay any amounts of an advance provided under this subsection, even if subsequently denied a loan under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ). (B) Tax treatment \nFor purposes of the Internal Revenue Code of 1986— (i) no amount shall be included in the gross income of the eligible recipient by reason of subparagraph (A), (ii) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by clause (i), and (iii) in the case of an eligible recipient that is a partnership or S corporation— (I) any amount excluded from income by reason of clause (i) shall be treated as tax exempt income for purposes of sections 705 and 1366 of title 26, and (II) except as provided by the Secretary of the Treasury (or the Secretary's delegate), any increase in the adjusted basis of a partner's interest in a partnership under section 705 of title 26 with respect to any amount described in subclause (I) shall equal the partner's distributive share of deductions resulting from costs paid in accordance with paragraph (6) using amounts from an advance provided under this section. (8) Subsequent loan grant \nIf an entity that receives an advance under this subsection transfers into, or is approved for, the loan program under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), the advance amount shall be reduced from the loan forgiveness amount for a loan for payroll costs made under such paragraph (38). (9) Authorization of appropriations \nThere is authorized to be appropriated to the Administration $1,000,000,000 to carry out this subsection. (10) Termination \nThe authority to make advances under this subsection shall terminate on May 10, 2024. (f) Appropriations \nThere is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023, to remain available until September 30, 2024, for additional amounts $1,000,000,000 under the heading Small Business Administration—Emergency EIDL Grants for carrying out this section.", "id": "H0FAF31F504094D0EA1C0833C56E6C942", "header": "Emergency EIDL grants", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term covered entity means— (A) a business with not more than 500 employees; (B) any individual who operates under a sole proprietorship, with or without employees, or as an independent contractor; (C) a cooperative with not more than 500 employees; (D) an ESOP (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) with not more than 500 employees; or (E) a tribal small business concern, as described in section 31(b)(2)(C) of the Small Business Act ( 15 U.S.C. 657a(b)(2)(C) ), with not more than 500 employees; (2) the term covered period means the period beginning on August 8, 2023, and ending on May 10, 2024; (3) the term eligible entity means a covered entity the principal office of which is located on Maui and not fewer than 35 percent of the employees of which reside on Maui; and (4) the term Hawai’i Wildfires means wildfires occurring in Hawai’i during the period beginning on August 1, 2023, and ending on September 30, 2023.", "id": "HED55417C80B64CBF853F4D500E9757D8", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "15 U.S.C. 657a(b)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/15/657a" } ] }, { "text": "(b) Eligible entities \nDuring the covered period, in addition to small business concerns, private nonprofit organizations, and small agricultural cooperatives, an eligible entity shall be eligible for a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ).", "id": "HBCD14E53EB0449D0A841CAAE8453B67E", "header": "Eligible entities", "nested": [], "links": [ { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "(c) Terms; credit elsewhere \nWith respect to a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) during the covered period in response to the Hawai‘i Wildfires, the Administrator shall waive— (1) any rules related to personal guarantee on advances and loans of not more than $200,000 during the covered period for all applicants; (2) the requirement that an applicant needs to be in business for the 1-year period before the disaster, except that no waiver may be made for a business that was not in operation on August 8, 2023; and (3) the requirement in the flush matter following subparagraph (E) of section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) that an applicant be unable to obtain credit elsewhere.", "id": "H0C3407F5CA564E89B182E2C317A60C8A", "header": "Terms; credit elsewhere", "nested": [], "links": [ { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "(d) Approval and Ability To Repay for Small Dollar Loans \nWith respect to a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) during the covered period in response to the Hawai‘i Wildfires, the Administrator may— (1) approve an applicant based solely on the credit score of the applicant and shall not require an applicant to submit a tax return or a tax return transcript for such approval; or (2) use alternative appropriate methods to determine an applicant's ability to repay.", "id": "H6944CC1162BF435BBBCA012182420FB1", "header": "Approval and Ability To Repay for Small Dollar Loans", "nested": [], "links": [ { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "(e) Emergency grant \n(1) In general \nDuring the covered period, an entity made eligible for a loan under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) by subsection (b) of this Act, including small business concerns, private nonprofit organizations, and small agricultural cooperatives, that applies for a loan under such section 7(b)(2) in response to the Hawai‘i Wildfires may request that the Administrator provide to such entity an advance that is, subject to paragraph (4), in the amount requested by such entity. (2) Timing \nThe Administrator shall provide an advance under this subsection to the entity requesting such advance not later than three days after the Administrator receives from such entity an application for a loan under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) in response to the Hawai‘i Wildfires, a request for such advance, and the self-certification required by paragraph (3). (3) Verification \n(A) In general \nAn entity seeking an advance under this subsection shall submit to the Administrator, under penalty of perjury pursuant to section 1746 of title 28, United States Code, a self-certification that such entity is an eligible entity. (B) Timing \nThe Administrator may not disburse any amounts under this subsection to an entity before such entity submits a self-certification under subparagraph (A). (4) Amount \nThe amount of an advance provided under this subsection shall be not more than $15,000. (5) Prioritization \n(A) In general \nThe Administrator shall prioritize providing advances under this subsection to eligible entities that experienced economic loss of not less than 30 percent. (B) Economic loss defined \nIn this paragraph, the term economic loss means, with respect to an eligible entity— (i) the amount by which the gross receipts of the eligible entity declined during an 8-week period between August 8, 2023, and May 10, 2024, relative to a comparable 8-week period between January 1, 2022, and August 7, 2023; or (ii) if the eligible entity is a seasonal business concern, such other amount determined appropriate by the Administrator. (6) Use of funds \nAn advance provided under this subsection may be used to address any allowable purpose for a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ), including— (A) maintaining payroll to retain employees during business disruptions or substantial slowdowns; (B) paying increased costs to obtain materials due to disruptions to supply chains; (C) making rent or mortgage payments; and (D) repaying obligations that cannot be met due to revenue losses. (7) Repayment \n(A) In general \nAn entity shall not be required to repay any amounts of an advance provided under this subsection, even if subsequently denied a loan under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ). (B) Tax treatment \nFor purposes of the Internal Revenue Code of 1986— (i) no amount shall be included in the gross income of the eligible recipient by reason of subparagraph (A), (ii) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by clause (i), and (iii) in the case of an eligible recipient that is a partnership or S corporation— (I) any amount excluded from income by reason of clause (i) shall be treated as tax exempt income for purposes of sections 705 and 1366 of title 26, and (II) except as provided by the Secretary of the Treasury (or the Secretary's delegate), any increase in the adjusted basis of a partner's interest in a partnership under section 705 of title 26 with respect to any amount described in subclause (I) shall equal the partner's distributive share of deductions resulting from costs paid in accordance with paragraph (6) using amounts from an advance provided under this section. (8) Subsequent loan grant \nIf an entity that receives an advance under this subsection transfers into, or is approved for, the loan program under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), the advance amount shall be reduced from the loan forgiveness amount for a loan for payroll costs made under such paragraph (38). (9) Authorization of appropriations \nThere is authorized to be appropriated to the Administration $1,000,000,000 to carry out this subsection. (10) Termination \nThe authority to make advances under this subsection shall terminate on May 10, 2024.", "id": "H6B1809D200394AE8A81E083A6E25D91B", "header": "Emergency grant", "nested": [], "links": [ { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "(f) Appropriations \nThere is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023, to remain available until September 30, 2024, for additional amounts $1,000,000,000 under the heading Small Business Administration—Emergency EIDL Grants for carrying out this section.", "id": "HD42FA204566249F9A7938B2A1F7932BE", "header": "Appropriations", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "15 U.S.C. 657a(b)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/15/657a" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "3. Maui Wildfire Paycheck Protection Program \n(a) In general \nSection 7(a) of the small Business Act ( 15 U.S.C. 636(a) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i), by striking and (F) and inserting (F), and (G) ; and (B) by adding at the end the following new subparagraph: (G) Participation in the Maui wildfire paycheck protection program \nIn an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ; and (2) by adding at the end the following new paragraph: (38) Maui wildfire paycheck protection program \n(A) Definitions \nIn this paragraph— (i) the terms appropriate Federal banking agency , insured depository institution , eligible self-employed individual , insured credit union , nonprofit organization , payroll costs and veterans organization have the meanings given such terms under paragraph (36)(A); (ii) the term covered loan means a loan made under this paragraph during the covered period; (iii) the term covered period means the period beginning on August 8, 2023, and ending on May 10, 2024; and (iv) the term eligible recipient means an individual or entity that is eligible to receive a covered loan. (B) Maui wildfire paycheck protection program \nExcept as otherwise provided in this paragraph, the Administrator may guarantee covered loans under the same terms, conditions, and processes as a loan made under this subsection. (C) Registration of loans \nNot later than 15 days after the date on which a loan is made under this paragraph, the Administration shall register the loan using the TIN (as defined in section 7701 of title 26) assigned to the borrower. (D) Increased eligibility for certain small business and organizations \n(i) Inclusion of sole proprietors, independent contractors, and eligible self-employed individuals \n(I) In general \nDuring the covered period, individuals who operate under a sole proprietorship or as an independent contractor and eligible self-employed individuals shall be eligible to receive a covered loan. (II) Documentation \nAn eligible self-employed individual, independent contractor, or sole proprietorship seeking a covered loan shall submit such documentation as determined necessary by the Administrator and the Secretary, to establish the applicant as eligible. (ii) Business concerns with more than 1 physical location \nDuring the covered period, any business concern that employs not more than 500 employees per physical location of the business concern and that is assigned a North American Industry Classification System code beginning with 72 at the time of disbursal shall be eligible to receive a covered loan. (iii) Waiver of affiliation rules \nDuring the covered period, the provisions applicable to affiliations under section 121.103 of title 13, Code of Federal Regulations, or any successor regulation, are waived with respect to eligibility for a covered loan for— (I) any business concern with not more than 500 employees that, as of the date on which the covered loan is disbursed, is assigned a North American Industry Classification System code beginning with 72; (II) any business concern operating as a franchise that is assigned a franchise identifier code by the Administration; and (III) any business concern that receives financial assistance from a company licensed under section 301 of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 ). (iv) Affiliation \nThe provisions applicable to affiliations under section 121.103 of title 13, Code of Federal Regulations, or any successor thereto, shall apply with respect to a nonprofit organization and a veterans organization in the same manner as with respect to a small business concern. (E) Maximum loan amount \nDuring the covered period, with respect to a covered loan, the maximum loan amount shall be the lesser of— (i) (I) the sum of— (aa) the product obtained by multiplying— (AA) the average total monthly payments by the applicant for payroll costs incurred during the 1-year period before the date on which the loan is made, except that, in the case of an applicant that is seasonal employer, as determined by the Administrator, the average total monthly payments for payroll shall be for any 12-week period selected by the seasonal employer that is between August 8, 2023, and May 10, 2024 and ends before the date on which the loan is made; by (BB) 2.5; and (bb) the outstanding amount of a loan under subsection (b)(2) that was made during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available to be refinanced under the covered loan; or (II) if requested by an otherwise eligible recipient that was not in business during the period beginning on August 8, 2022, and ending on May 10, 2023, the sum of— (aa) the product obtained by multiplying— (AA) the average total monthly payments by the applicant for payroll costs incurred during the period beginning on May 11, 2023, and ending on August 8, 2023; by (BB) 2.5; and (bb) the outstanding amount of a loan under subsection (b)(2) that was made during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available to be refinanced under the covered loan; or (ii) the costs, expenses, and expenditures described in subclauses (I) through (XI) of subparagraph (F)(i) that were incurred by the applicant during the covered period with respect to employees of the applicant on Maui, up to $10,000,000. (F) Allowable uses of covered loans \n(i) In general \nDuring the covered period, an eligible recipient may, in addition to the allowable uses of a loan made under this subsection, use the proceeds of the covered loan for any of the following costs, expenses, or expenditures incurred with respect to employees, property, or operations of the eligibility recipient on Maui: (I) Payroll costs. (II) Costs related to the continuation of group health care benefits during periods of paid sick, medical, or family leave, and insurance premiums. (III) Employee salaries, commissions, or similar compensations. (IV) Payments of interest on any mortgage obligation (which shall not include any prepayment of or payment of principal on a mortgage obligation). (V) Rent (including rent under a lease agreement). (VI) Utilities. (VII) Interest on any other debt obligations that were incurred before the covered period. (VIII) Covered operations expenditures, as defined in section 4(a) of the Healing and Economic Advancement for Local businesses in Maui Act. (IX) Covered property damage costs, as defined in such section. (X) Covered supplier costs, as defined in such section. (XI) Covered worker protection expenditures, as defined in such section. (ii) Delegated authority \n(I) In general \nFor purposes of making covered loans for the purposes described in clause (i), a lender approved to make loans under this subsection shall be deemed to have been delegated authority by the Administrator to make and approve covered loans, subject to the provisions of this paragraph. (II) Considerations \nIn evaluating the eligibility of a borrower for a covered loan with the terms described in this paragraph, a lender shall consider whether the borrower— (aa) was in operation on August 8, 2023; and (bb) (AA) had employees for whom the borrower paid salaries and payroll taxes; or (BB) paid independent contractors, as reported on a Form 1099–MISC. (iii) Additional lenders \nThe authority to make loans under this paragraph shall be extended to additional lenders determined by the Administrator and the Secretary of the Treasury to have the necessary qualifications to process, close, disburse and service loans made with the guarantee of the Administration. (iv) Refinance \nA loan made under subsection (b)(2) during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available may be refinanced as part of a covered loan. (v) Nonrecourse \nNotwithstanding the waiver of the personal guarantee requirement or collateral under subparagraph (J), the Administrator shall have no recourse against any individual shareholder, member, or partner of an eligible recipient of a covered loan for nonpayment of any covered loan, except to the extent that such shareholder, member, or partner uses the covered loan proceeds for a purpose not authorized under clause (i) or (iv). (G) Certification \nAn eligible recipient applying for a covered loan shall make a good faith certification— (i) that the uncertainty of current economic conditions makes necessary the loan request to support the ongoing operations of the eligible recipient; (ii) acknowledging that funds will be used to retain workers and maintain payroll or make mortgage payments, lease payments, and utility payments; (iii) that the eligible recipient does not have an application pending for a loan under this subsection for the same purpose and duplicative of amounts applied for or received under a covered loan; and (iv) during the covered period, that the eligible recipient has not received amounts under this subsection for the same purpose and duplicative of amounts applied for or received under a covered loan. (H) Fee waiver \nWith respect to a covered loan— (i) in lieu of the fee otherwise applicable under paragraph (23)(A), the Administrator shall collect no fee; and (ii) in lieu of the fee otherwise applicable under paragraph (18)(A), the Administrator shall collect no fee. (I) Credit elsewhere \nDuring the covered period, the requirement that a small business concern is unable to obtain credit elsewhere, as defined in section 3(h), shall not apply to a covered loan. (J) Waiver of personal guarantee requirement \nWith respect to a covered loan— (i) no personal guarantee shall be required for the covered loan; and (ii) no collateral shall be required for the covered loan. (K) Maturity for loans with remaining balance after application of forgiveness \nWith respect to a covered loan that has a remaining balance after reduction based on the loan forgiveness amount under section 4 of the Healing and Economic Advancement for Local businesses in Maui Act— (i) the remaining balance shall continue to be guaranteed by the Administration under this subsection; and (ii) the covered loan shall have a maximum maturity of 10 years from the date on which the borrower applies for loan forgiveness under that section. (L) Interest rate requirements \nA covered loan shall bear an interest rate not to exceed 4 percent, calculated on a non-compounding, non-adjustable basis. (M) Loan deferment \n(i) Definition of impacted borrower \n(I) In general \nIn this subparagraph, the term impacted borrower means an eligible recipient that— (aa) was in operation on August 8, 2023; and (bb) has an application for a covered loan that is approved or pending approval on or after the date of the enactment of this paragraph. (II) Presumption \nFor purposes of this subparagraph, an impacted borrower is presumed to have been adversely impacted by the Hawai’i Wildfires. (ii) Deferral \nDuring the covered period, the Administrator shall— (I) consider each eligible recipient that applies for a covered loan to be an impacted borrower; and (II) require lenders under this subsection to provide complete payment deferment relief for impacted borrowers with covered loans for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year. (iii) Secondary market \nDuring the covered period, with respect to a covered loan that is sold on the secondary market, if an investor declines to approve a deferral requested by a lender under clause (ii), the Administrator shall exercise the authority to purchase the loan so that the impacted borrower may receive a deferral for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year. (iv) Guidance \nNot later than 30 days after the date of enactment of this paragraph, the Administrator shall provide guidance to lenders under this paragraph on the deferment process described in this subparagraph. (N) Secondary market sales \nA covered loan shall be eligible to be sold in the secondary market consistent with this subsection. The Administrator may not collect any fee for any guarantee sold into the secondary market under this subparagraph. (O) Regulatory capital requirements \n(i) Risk weight \nWith respect to the appropriate Federal banking agencies or the National Credit Union Administration Board applying capital requirements under their respective risk-based capital requirements, a covered loan shall receive a risk weight of zero percent. (ii) Temporary relief from TDR disclosures \nNotwithstanding any other provision of law, an insured depository institution or an insured credit union that modifies a covered loan in relation to Hawai‘i Wildfire-related difficulties in a troubled debt restructuring on or after August 8, 2023, shall not be required to comply with the Financial Accounting Standards Board Accounting Standards Codification Subtopic 310–40 ( Receivables - Troubled Debt Restructurings by Creditors ) for purposes of compliance with the requirements of the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ), until such time and under such circumstances as the appropriate Federal banking agency or the National Credit Union Administration Board, as applicable, determines appropriate. (P) Reimbursement for processing \n(i) In general \nThe Administrator shall reimburse a lender authorized to make a covered loan at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of— (I) the lesser of 50 percent of such balance or $2,500 for a covered loan of not more than $50,000; (II) 5 percent for a covered loan of more than $50,000 and not more than $350,000; (III) 3 percent for a covered loan of more than $350,000 and less than $2,000,000; and (IV) 1 percent for a covered loan of not less than $2,000,000. (ii) Fee limits \nAn agent that assists an eligible recipient to prepare an application for a covered loan may not collect a fee in excess of the limits established by the Administrator. If an eligible recipient has knowingly retained an agent, such fees shall be paid by the eligible recipient and may not be paid out of the proceeds of a covered loan. A lender shall only be responsible for paying fees to an agent for services for which the lender directly contracts with the agent. (iii) Timing \nA reimbursement described in clause (i) shall be made not later than 5 days after the disbursement of the covered loan. (Q) Duplication \nNothing in this paragraph shall prohibit a recipient of an economic injury disaster loan made under subsection (b)(2) during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available that is for a purpose other than paying payroll costs or any other purpose described in subparagraph (F) from receiving assistance under this paragraph. (R) Waiver of prepayment penalty \nNotwithstanding any other provision of law, there shall be no prepayment penalty for any payment made on a covered loan.. (b) Set-Asides for insured depository institutions, credit unions, and community financial institutions \n(1) Insured depository institutions and credit unions \nIn making loan guarantees under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), the Administrator of the Small Business Administration shall guarantee not less than $30,000,000,000 in loans made by— (A) insured depository institutions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000; and (B) credit unions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000. (2) Community financial institutions, small insured depository institutions, and credit unions \nIn making loan guarantees under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), the Administrator of the Small Business Administration shall guarantee not less than $30,000,000,000 in loans made by— (A) community financial institutions; (B) insured depository institutions with consolidated assets of less than $10,000,000,000; and (C) credit unions with consolidated assets of less than $10,000,000,000. (3) Definitions \nIn this subsection, the terms community financial institution , credit union , and insured depository institution have the meanings given such terms in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A) ). (c) Commitments for 7(a) loans \nDuring the period beginning on August 8, 2023, and ending on May 10, 2024— (1) the amount authorized for commitments for loans authorized under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), as added by subsection (a) of this section, shall be $400,000,000,000; and (2) the amount authorized for commitments for general business loans under the heading Business Loans Program Account in title V of the Financial Services and General Government Appropriations Act, 2023 (division E of Public Law 117–328 ) shall not apply with respect to the loans described in paragraph (1). (d) Express loans \nSection 7(a)(31)(D) of the Small Business Act ( 15 U.S.C. 636(a)(31)(D) ) is amended by striking $500,000 and inserting $1,000,000.", "id": "H13ECA215F7894D14AE4AA8CF92A40F10", "header": "Maui Wildfire Paycheck Protection Program", "nested": [ { "text": "(a) In general \nSection 7(a) of the small Business Act ( 15 U.S.C. 636(a) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i), by striking and (F) and inserting (F), and (G) ; and (B) by adding at the end the following new subparagraph: (G) Participation in the Maui wildfire paycheck protection program \nIn an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ; and (2) by adding at the end the following new paragraph: (38) Maui wildfire paycheck protection program \n(A) Definitions \nIn this paragraph— (i) the terms appropriate Federal banking agency , insured depository institution , eligible self-employed individual , insured credit union , nonprofit organization , payroll costs and veterans organization have the meanings given such terms under paragraph (36)(A); (ii) the term covered loan means a loan made under this paragraph during the covered period; (iii) the term covered period means the period beginning on August 8, 2023, and ending on May 10, 2024; and (iv) the term eligible recipient means an individual or entity that is eligible to receive a covered loan. (B) Maui wildfire paycheck protection program \nExcept as otherwise provided in this paragraph, the Administrator may guarantee covered loans under the same terms, conditions, and processes as a loan made under this subsection. (C) Registration of loans \nNot later than 15 days after the date on which a loan is made under this paragraph, the Administration shall register the loan using the TIN (as defined in section 7701 of title 26) assigned to the borrower. (D) Increased eligibility for certain small business and organizations \n(i) Inclusion of sole proprietors, independent contractors, and eligible self-employed individuals \n(I) In general \nDuring the covered period, individuals who operate under a sole proprietorship or as an independent contractor and eligible self-employed individuals shall be eligible to receive a covered loan. (II) Documentation \nAn eligible self-employed individual, independent contractor, or sole proprietorship seeking a covered loan shall submit such documentation as determined necessary by the Administrator and the Secretary, to establish the applicant as eligible. (ii) Business concerns with more than 1 physical location \nDuring the covered period, any business concern that employs not more than 500 employees per physical location of the business concern and that is assigned a North American Industry Classification System code beginning with 72 at the time of disbursal shall be eligible to receive a covered loan. (iii) Waiver of affiliation rules \nDuring the covered period, the provisions applicable to affiliations under section 121.103 of title 13, Code of Federal Regulations, or any successor regulation, are waived with respect to eligibility for a covered loan for— (I) any business concern with not more than 500 employees that, as of the date on which the covered loan is disbursed, is assigned a North American Industry Classification System code beginning with 72; (II) any business concern operating as a franchise that is assigned a franchise identifier code by the Administration; and (III) any business concern that receives financial assistance from a company licensed under section 301 of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 ). (iv) Affiliation \nThe provisions applicable to affiliations under section 121.103 of title 13, Code of Federal Regulations, or any successor thereto, shall apply with respect to a nonprofit organization and a veterans organization in the same manner as with respect to a small business concern. (E) Maximum loan amount \nDuring the covered period, with respect to a covered loan, the maximum loan amount shall be the lesser of— (i) (I) the sum of— (aa) the product obtained by multiplying— (AA) the average total monthly payments by the applicant for payroll costs incurred during the 1-year period before the date on which the loan is made, except that, in the case of an applicant that is seasonal employer, as determined by the Administrator, the average total monthly payments for payroll shall be for any 12-week period selected by the seasonal employer that is between August 8, 2023, and May 10, 2024 and ends before the date on which the loan is made; by (BB) 2.5; and (bb) the outstanding amount of a loan under subsection (b)(2) that was made during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available to be refinanced under the covered loan; or (II) if requested by an otherwise eligible recipient that was not in business during the period beginning on August 8, 2022, and ending on May 10, 2023, the sum of— (aa) the product obtained by multiplying— (AA) the average total monthly payments by the applicant for payroll costs incurred during the period beginning on May 11, 2023, and ending on August 8, 2023; by (BB) 2.5; and (bb) the outstanding amount of a loan under subsection (b)(2) that was made during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available to be refinanced under the covered loan; or (ii) the costs, expenses, and expenditures described in subclauses (I) through (XI) of subparagraph (F)(i) that were incurred by the applicant during the covered period with respect to employees of the applicant on Maui, up to $10,000,000. (F) Allowable uses of covered loans \n(i) In general \nDuring the covered period, an eligible recipient may, in addition to the allowable uses of a loan made under this subsection, use the proceeds of the covered loan for any of the following costs, expenses, or expenditures incurred with respect to employees, property, or operations of the eligibility recipient on Maui: (I) Payroll costs. (II) Costs related to the continuation of group health care benefits during periods of paid sick, medical, or family leave, and insurance premiums. (III) Employee salaries, commissions, or similar compensations. (IV) Payments of interest on any mortgage obligation (which shall not include any prepayment of or payment of principal on a mortgage obligation). (V) Rent (including rent under a lease agreement). (VI) Utilities. (VII) Interest on any other debt obligations that were incurred before the covered period. (VIII) Covered operations expenditures, as defined in section 4(a) of the Healing and Economic Advancement for Local businesses in Maui Act. (IX) Covered property damage costs, as defined in such section. (X) Covered supplier costs, as defined in such section. (XI) Covered worker protection expenditures, as defined in such section. (ii) Delegated authority \n(I) In general \nFor purposes of making covered loans for the purposes described in clause (i), a lender approved to make loans under this subsection shall be deemed to have been delegated authority by the Administrator to make and approve covered loans, subject to the provisions of this paragraph. (II) Considerations \nIn evaluating the eligibility of a borrower for a covered loan with the terms described in this paragraph, a lender shall consider whether the borrower— (aa) was in operation on August 8, 2023; and (bb) (AA) had employees for whom the borrower paid salaries and payroll taxes; or (BB) paid independent contractors, as reported on a Form 1099–MISC. (iii) Additional lenders \nThe authority to make loans under this paragraph shall be extended to additional lenders determined by the Administrator and the Secretary of the Treasury to have the necessary qualifications to process, close, disburse and service loans made with the guarantee of the Administration. (iv) Refinance \nA loan made under subsection (b)(2) during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available may be refinanced as part of a covered loan. (v) Nonrecourse \nNotwithstanding the waiver of the personal guarantee requirement or collateral under subparagraph (J), the Administrator shall have no recourse against any individual shareholder, member, or partner of an eligible recipient of a covered loan for nonpayment of any covered loan, except to the extent that such shareholder, member, or partner uses the covered loan proceeds for a purpose not authorized under clause (i) or (iv). (G) Certification \nAn eligible recipient applying for a covered loan shall make a good faith certification— (i) that the uncertainty of current economic conditions makes necessary the loan request to support the ongoing operations of the eligible recipient; (ii) acknowledging that funds will be used to retain workers and maintain payroll or make mortgage payments, lease payments, and utility payments; (iii) that the eligible recipient does not have an application pending for a loan under this subsection for the same purpose and duplicative of amounts applied for or received under a covered loan; and (iv) during the covered period, that the eligible recipient has not received amounts under this subsection for the same purpose and duplicative of amounts applied for or received under a covered loan. (H) Fee waiver \nWith respect to a covered loan— (i) in lieu of the fee otherwise applicable under paragraph (23)(A), the Administrator shall collect no fee; and (ii) in lieu of the fee otherwise applicable under paragraph (18)(A), the Administrator shall collect no fee. (I) Credit elsewhere \nDuring the covered period, the requirement that a small business concern is unable to obtain credit elsewhere, as defined in section 3(h), shall not apply to a covered loan. (J) Waiver of personal guarantee requirement \nWith respect to a covered loan— (i) no personal guarantee shall be required for the covered loan; and (ii) no collateral shall be required for the covered loan. (K) Maturity for loans with remaining balance after application of forgiveness \nWith respect to a covered loan that has a remaining balance after reduction based on the loan forgiveness amount under section 4 of the Healing and Economic Advancement for Local businesses in Maui Act— (i) the remaining balance shall continue to be guaranteed by the Administration under this subsection; and (ii) the covered loan shall have a maximum maturity of 10 years from the date on which the borrower applies for loan forgiveness under that section. (L) Interest rate requirements \nA covered loan shall bear an interest rate not to exceed 4 percent, calculated on a non-compounding, non-adjustable basis. (M) Loan deferment \n(i) Definition of impacted borrower \n(I) In general \nIn this subparagraph, the term impacted borrower means an eligible recipient that— (aa) was in operation on August 8, 2023; and (bb) has an application for a covered loan that is approved or pending approval on or after the date of the enactment of this paragraph. (II) Presumption \nFor purposes of this subparagraph, an impacted borrower is presumed to have been adversely impacted by the Hawai’i Wildfires. (ii) Deferral \nDuring the covered period, the Administrator shall— (I) consider each eligible recipient that applies for a covered loan to be an impacted borrower; and (II) require lenders under this subsection to provide complete payment deferment relief for impacted borrowers with covered loans for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year. (iii) Secondary market \nDuring the covered period, with respect to a covered loan that is sold on the secondary market, if an investor declines to approve a deferral requested by a lender under clause (ii), the Administrator shall exercise the authority to purchase the loan so that the impacted borrower may receive a deferral for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year. (iv) Guidance \nNot later than 30 days after the date of enactment of this paragraph, the Administrator shall provide guidance to lenders under this paragraph on the deferment process described in this subparagraph. (N) Secondary market sales \nA covered loan shall be eligible to be sold in the secondary market consistent with this subsection. The Administrator may not collect any fee for any guarantee sold into the secondary market under this subparagraph. (O) Regulatory capital requirements \n(i) Risk weight \nWith respect to the appropriate Federal banking agencies or the National Credit Union Administration Board applying capital requirements under their respective risk-based capital requirements, a covered loan shall receive a risk weight of zero percent. (ii) Temporary relief from TDR disclosures \nNotwithstanding any other provision of law, an insured depository institution or an insured credit union that modifies a covered loan in relation to Hawai‘i Wildfire-related difficulties in a troubled debt restructuring on or after August 8, 2023, shall not be required to comply with the Financial Accounting Standards Board Accounting Standards Codification Subtopic 310–40 ( Receivables - Troubled Debt Restructurings by Creditors ) for purposes of compliance with the requirements of the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ), until such time and under such circumstances as the appropriate Federal banking agency or the National Credit Union Administration Board, as applicable, determines appropriate. (P) Reimbursement for processing \n(i) In general \nThe Administrator shall reimburse a lender authorized to make a covered loan at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of— (I) the lesser of 50 percent of such balance or $2,500 for a covered loan of not more than $50,000; (II) 5 percent for a covered loan of more than $50,000 and not more than $350,000; (III) 3 percent for a covered loan of more than $350,000 and less than $2,000,000; and (IV) 1 percent for a covered loan of not less than $2,000,000. (ii) Fee limits \nAn agent that assists an eligible recipient to prepare an application for a covered loan may not collect a fee in excess of the limits established by the Administrator. If an eligible recipient has knowingly retained an agent, such fees shall be paid by the eligible recipient and may not be paid out of the proceeds of a covered loan. A lender shall only be responsible for paying fees to an agent for services for which the lender directly contracts with the agent. (iii) Timing \nA reimbursement described in clause (i) shall be made not later than 5 days after the disbursement of the covered loan. (Q) Duplication \nNothing in this paragraph shall prohibit a recipient of an economic injury disaster loan made under subsection (b)(2) during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available that is for a purpose other than paying payroll costs or any other purpose described in subparagraph (F) from receiving assistance under this paragraph. (R) Waiver of prepayment penalty \nNotwithstanding any other provision of law, there shall be no prepayment penalty for any payment made on a covered loan..", "id": "HBAEA8B05BF274F918E5FA6F3F1E2F7CF", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 681", "legal-doc": "usc", "parsable-cite": "usc/15/681" }, { "text": "12 U.S.C. 1811 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/1811" } ] }, { "text": "(b) Set-Asides for insured depository institutions, credit unions, and community financial institutions \n(1) Insured depository institutions and credit unions \nIn making loan guarantees under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), the Administrator of the Small Business Administration shall guarantee not less than $30,000,000,000 in loans made by— (A) insured depository institutions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000; and (B) credit unions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000. (2) Community financial institutions, small insured depository institutions, and credit unions \nIn making loan guarantees under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), the Administrator of the Small Business Administration shall guarantee not less than $30,000,000,000 in loans made by— (A) community financial institutions; (B) insured depository institutions with consolidated assets of less than $10,000,000,000; and (C) credit unions with consolidated assets of less than $10,000,000,000. (3) Definitions \nIn this subsection, the terms community financial institution , credit union , and insured depository institution have the meanings given such terms in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A) ).", "id": "HC4B5C8D2EC6941E19EB7C5910DCA9673", "header": "Set-Asides for insured depository institutions, credit unions, and community financial institutions", "nested": [], "links": [ { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)(36)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "(c) Commitments for 7(a) loans \nDuring the period beginning on August 8, 2023, and ending on May 10, 2024— (1) the amount authorized for commitments for loans authorized under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), as added by subsection (a) of this section, shall be $400,000,000,000; and (2) the amount authorized for commitments for general business loans under the heading Business Loans Program Account in title V of the Financial Services and General Government Appropriations Act, 2023 (division E of Public Law 117–328 ) shall not apply with respect to the loans described in paragraph (1).", "id": "HFFE9F3C2D3BE4E2C98803EABAA9047D0", "header": "Commitments for 7(a) loans", "nested": [], "links": [ { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" } ] }, { "text": "(d) Express loans \nSection 7(a)(31)(D) of the Small Business Act ( 15 U.S.C. 636(a)(31)(D) ) is amended by striking $500,000 and inserting $1,000,000.", "id": "H133D529DE6C3466BA4245E3C6D096428", "header": "Express loans", "nested": [], "links": [ { "text": "15 U.S.C. 636(a)(31)(D)", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] } ], "links": [ { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 681", "legal-doc": "usc", "parsable-cite": "usc/15/681" }, { "text": "12 U.S.C. 1811 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/1811" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)(36)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "Public Law 117–328", "legal-doc": "public-law", "parsable-cite": "pl/117/328" }, { "text": "15 U.S.C. 636(a)(31)(D)", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "4. Loan forgiveness \n(a) Definitions \nIn this section: (1) Administration \nThe term Administration means the Small Business Administration. (2) Administrator \nThe term Administrator means the Administrator of the Small Business Administration. (3) Covered Loan \nThe term covered loan means— (A) a loan of more than $500 made under paragraph (1) or (2) of section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ) during the period beginning on August 8, 2023, and ending on May 10, 2024 in response to the Hawai’i Wildfires; or (B) a loan guaranteed under paragraph (38) of section 7(a) of such Act ( 15 U.S.C. 636(a) ), as added by section 3(a). (4) Covered mortgage obligation \nThe term covered mortgage obligation means any indebtedness or debt instrument incurred in the ordinary course of business that— (A) is a liability of the borrower; (B) is a mortgage on real or personal property; and (C) was incurred before August 8, 2023. (5) Covered operations expenditure \nThe term covered operations expenditure has the meaning given such term in section 7A(a) of the Small Business Act ( 15 U.S.C. 636m(a) ). (6) Covered period \nThe term covered period means the period— (A) beginning on the date of the origination of a covered loan; and (B) ending on a date selected by the eligible recipient of the covered loan that occurs during the period— (i) beginning on the date that is 8 weeks after such date of origination; and (ii) ending on the date that is 24 weeks after such date of origination. (7) Covered property damage cost \nThe term covered property damage cost means a cost related to property damage and vandalism or looting due to public disturbances that occurred during the period beginning on August 8, 2023, and ending on May 10, 2024 that was not covered by insurance or other compensation. (8) Covered rent obligation \nThe term covered rent obligation means rent obligated under a leasing agreement in force before August 8, 2023. (9) Covered supplier cost \nThe term covered supplier cost means an expenditure made by an entity to a supplier of goods for the supply of goods that— (A) are essential to the operations of the entity at the time at which the expenditure is made; and (B) is made pursuant to a contract, order, or purchase order— (i) in effect at any time before the covered period with respect to the applicable covered loan; or (ii) with respect to perishable goods, in effect before or at any time during the covered period with respect to the applicable covered loan. (10) Covered utility payment \nThe term covered utility payment means payment for a service for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before August 8, 2023. (11) Eligible recipient \nThe term eligible recipient means the recipient of a covered loan. (12) Expected forgiveness amount \nThe term expected forgiveness amount means— (A) with respect to a covered loan described in paragraph (3)(A), the amount of principal of such loan that a lender reasonably expects a borrower to expend during the covered period on costs payable using such covered loan under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); and (B) with respect to a covered loan described in paragraph (3)(B), the amount of principal of such covered loan that a lender reasonably expects a borrower to expend during the covered period on the sum of any— (i) payroll costs; (ii) payments of interest on any covered mortgage obligation (which shall not include any prepayment of or payment of principal on a covered mortgage obligation); (iii) payments on any covered rent obligation; (iv) covered utility payments; (v) covered operations expenditures; (vi) covered property damage costs; and (vii) covered supplier costs. (13) Hawai’i Wildfires \nThe term Hawai’i Wildfires has the meanings given such term in section 2(a). (14) Payroll costs; seasonal employer \n(A) In general \nExcept as provided in subparagraph (B), the terms payroll costs and seasonal employer have the meanings given those terms in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A) ). (B) Payroll costs exclusions \nThe term payroll costs shall not include qualified wages taken into account in determining the credit allowed under section 2301 of the CARES Act ( 26 U.S.C. 3111 note), qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020 ( Public Law 116–260 ; 134 Stat. 3075), or premiums taken into account in determining the credit allowed under section 6432 of the Internal Revenue Code of 1986. (15) Private school \nThe term private school means an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) that is not a public institution. (b) Forgiveness and waivers \n(1) Payroll loans \nA recipient of a covered loan described in subsection (a)(3)(B) shall be eligible for forgiveness of indebtedness on such covered loan in an amount equal to the sum of the following costs incurred and payments made during the covered period: (A) Payroll costs. (B) Any payment of interest on any covered mortgage obligation (which shall not include any prepayment of or payment of principal on a covered mortgage obligation). (C) Any payment on any covered rent obligation. (D) Any covered utility payment. (E) Any covered operations expenditure. (F) Any covered property damage cost. (G) Any covered supplier cost. (2) Disaster loans \n(A) In general \nExcept as provided by subparagraph (B), a recipient of a covered loan described in subsection (a)(3)(A) shall, at the election of the recipient, be eligible for— (i) forgiveness of indebtedness on such covered loan in amount equal to the lesser of— (I) the amount by which such covered loan exceeds $500; and (II) $1800; or (ii) a waiver of interest charges on such covered loan, except that— (I) the total amount of interest waived under such waiver may not exceed $1800; and (II) such waiver may last not more than three years. (B) Private schools \nA recipient of a covered loan described in subsection (a)(3)(A) that is a private school shall, at the election of the recipient, be eligible for— (i) forgiveness of indebtedness on such covered loan as described in subparagraph (A)(i); or (ii) a waiver of interest and principal charges on such covered. (c) Treatment of amounts forgiven and waived \n(1) In general \nAmounts which have been forgiven under this section shall be considered canceled indebtedness by the lender. (2) Purchase of guarantees \nFor purposes of the purchase of the guarantee for a covered loan by the Administrator, amounts which are forgiven under this section shall be treated in accordance with the procedures that are otherwise applicable to a loan guaranteed under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (3) Remittances \n(A) Forgiven amounts \nNot later than 90 days after the date on which the amount of forgiveness under this section is determined with respect to a covered loan described in subsection (a)(3)(B), and not later the two weeks after the date on which the amount of forgiveness under this section is determined with respect to a covered loan described in subsection (a)(3)(A), the Administrator shall remit to the lender an amount equal to the amount of forgiveness, plus any interest accrued through the date of payment. (B) Interest waived \nDuring the period interest charges are waived under subparagraphs (A)(ii) or (B)(ii) of subsection (b)(2) on a covered loan in which any individual or entity other than the Administrator is participating, the Administrator shall pay to each individual and entity participating in the covered loan the interest that, but for such subsection, would be owed to such individual or entity at the time such interest would be due. (4) Advance purchase of covered loans \n(A) Report \nA lender authorized under subsections (a) or (b) of section 7 of the Small Business Act ( 15 U.S.C. 636 ), or, at the discretion of the Administrator, a third party participant in the secondary market, may, report to the Administrator an expected forgiveness amount on a covered loan or on a pool of covered loans of up to 100 percent of the principal on the covered loan or pool of covered loans, respectively. (B) Purchase \nThe Administrator shall purchase the expected forgiveness amount described in subparagraph (A) as if the amount were the principal amount of a loan guaranteed under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (C) Timing \nNot later than 15 days after the date on which the Administrator receives a report under subparagraph (A), the Administrator shall purchase the expected forgiveness amount under subparagraph (B) with respect to each covered loan to which the report relates. (d) Application \n(1) 7(a) loans \nAn eligible recipient seeking loan forgiveness with respect to a covered loan described in subsection (a)(3)(B) under this section shall submit to the lender that is servicing the covered loan an application, which shall include— (A) documentation verifying the number of full-time equivalent employees on payroll and pay rates to support such loan forgiveness, including— (i) payroll tax filings reported to the Internal Revenue Service; and (ii) State income, payroll, and unemployment insurance filings; (B) documentation, including cancelled checks, payment receipts, transcripts of accounts, purchase orders, orders, invoices, or other documents verifying payments on covered mortgage obligations, payments on covered rent obligations, payments on covered operations expenditures, payments on covered property damage costs, payments on covered supplier costs, payments on covered worker protection expenditures, and covered utility payments; (C) a certification from a representative of the eligible recipient authorized to make such certifications that— (i) the documentation presented is true and correct; and (ii) the amount for which forgiveness is requested was used to retain employees, make interest payments on a covered mortgage obligation, make payments on a covered rent obligation, make payments on covered operations expenditures, make payments on covered property damage costs, make payments on covered supplier costs, make payments on covered worker protection expenditures, or make covered utility payments; and (D) any other documentation the Administrator determines necessary. (2) Disaster loans \n(A) In general \nAn eligible recipient seeking loan forgiveness with respect to a covered loan described in subsection (a)(3)(A) under this section shall submit to the appropriate entity an application at such time, in such manner, and containing such information as the Administrator determines appropriate. (B) Appropriate entity defined \nIn this paragraph, the term appropriate entity means— (i) with respect to a covered loan described in subsection (a)(3)(A) in which the Administrator is participating on a guaranteed basis, the lender that is servicing the covered loan; and (ii) in all other cases, the Administrator. (e) Prohibition on forgiveness without documentation \nNo eligible recipient shall receive forgiveness under this section without submitting the documentation required under subsection (d). (f) Decision \nNot later than 60 days after the date on which a lender or the Administrator receives an application under subsection (e) for loan forgiveness under this section from an eligible recipient, the lender or the Administrator, as applicable, shall issue a decision on the application. (g) Hold harmless \n(1) Reliance \nA lender may rely on any certification or documentation submitted by an applicant for a covered loan or an eligible recipient or eligible entity receiving a covered loan that— (A) is submitted pursuant to all applicable statutory requirements, regulations, and guidance related to such covered loan, including under subsections (a)(38), as added by section 3(a) of this Act, and (b) section 7 of the Small Business Act ( 15 U.S.C. 636 ) and under this section; and (B) attests that the applicant, eligible recipient, or eligible entity, as applicable, has accurately provided the certification or documentation to the lender in accordance with the statutory requirements, regulations, and guidance described in subparagraph (A). (2) No enforcement action \nWith respect to a lender that relies on a certification or documentation described in paragraph (1) related to covered loan, an enforcement action may not be taken against the lender, and the lender shall not be subject to any penalties relating to loan origination or forgiveness of the covered loan, if— (A) the lender acts in good faith relating to loan origination or forgiveness of the covered loan based on that reliance; and (B) all other relevant Federal, State, local, and other statutory and regulatory requirements applicable to the lender are satisfied with respect to the covered loan. (h) Tax treatment \nFor purposes of the Internal Revenue Code of 1986— (1) no amount shall be included in the gross income of the eligible recipient by reason of forgiveness of indebtedness or waivers described in subsection (b), (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of an eligible recipient that is a partnership or S corporation— (A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and (B) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of the Internal Revenue Code of 1986 with respect to any amount described in subparagraph (A) shall equal the partner’s distributive share of deductions resulting from costs giving rise to forgiveness described in subsection (b) or from charges waived as described in such subsection. (i) Rule of Construction \nThe cancellation of indebtedness on a covered loan under this section shall not otherwise modify the terms and conditions of the covered loan. (j) Regulations \nNot later than 30 days after the date of enactment of this Act, the Administrator shall issue guidance and regulations implementing this section.", "id": "H3ED75D3655804107A155F39E14EBC9D4", "header": "Loan forgiveness", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administration \nThe term Administration means the Small Business Administration. (2) Administrator \nThe term Administrator means the Administrator of the Small Business Administration. (3) Covered Loan \nThe term covered loan means— (A) a loan of more than $500 made under paragraph (1) or (2) of section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ) during the period beginning on August 8, 2023, and ending on May 10, 2024 in response to the Hawai’i Wildfires; or (B) a loan guaranteed under paragraph (38) of section 7(a) of such Act ( 15 U.S.C. 636(a) ), as added by section 3(a). (4) Covered mortgage obligation \nThe term covered mortgage obligation means any indebtedness or debt instrument incurred in the ordinary course of business that— (A) is a liability of the borrower; (B) is a mortgage on real or personal property; and (C) was incurred before August 8, 2023. (5) Covered operations expenditure \nThe term covered operations expenditure has the meaning given such term in section 7A(a) of the Small Business Act ( 15 U.S.C. 636m(a) ). (6) Covered period \nThe term covered period means the period— (A) beginning on the date of the origination of a covered loan; and (B) ending on a date selected by the eligible recipient of the covered loan that occurs during the period— (i) beginning on the date that is 8 weeks after such date of origination; and (ii) ending on the date that is 24 weeks after such date of origination. (7) Covered property damage cost \nThe term covered property damage cost means a cost related to property damage and vandalism or looting due to public disturbances that occurred during the period beginning on August 8, 2023, and ending on May 10, 2024 that was not covered by insurance or other compensation. (8) Covered rent obligation \nThe term covered rent obligation means rent obligated under a leasing agreement in force before August 8, 2023. (9) Covered supplier cost \nThe term covered supplier cost means an expenditure made by an entity to a supplier of goods for the supply of goods that— (A) are essential to the operations of the entity at the time at which the expenditure is made; and (B) is made pursuant to a contract, order, or purchase order— (i) in effect at any time before the covered period with respect to the applicable covered loan; or (ii) with respect to perishable goods, in effect before or at any time during the covered period with respect to the applicable covered loan. (10) Covered utility payment \nThe term covered utility payment means payment for a service for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before August 8, 2023. (11) Eligible recipient \nThe term eligible recipient means the recipient of a covered loan. (12) Expected forgiveness amount \nThe term expected forgiveness amount means— (A) with respect to a covered loan described in paragraph (3)(A), the amount of principal of such loan that a lender reasonably expects a borrower to expend during the covered period on costs payable using such covered loan under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); and (B) with respect to a covered loan described in paragraph (3)(B), the amount of principal of such covered loan that a lender reasonably expects a borrower to expend during the covered period on the sum of any— (i) payroll costs; (ii) payments of interest on any covered mortgage obligation (which shall not include any prepayment of or payment of principal on a covered mortgage obligation); (iii) payments on any covered rent obligation; (iv) covered utility payments; (v) covered operations expenditures; (vi) covered property damage costs; and (vii) covered supplier costs. (13) Hawai’i Wildfires \nThe term Hawai’i Wildfires has the meanings given such term in section 2(a). (14) Payroll costs; seasonal employer \n(A) In general \nExcept as provided in subparagraph (B), the terms payroll costs and seasonal employer have the meanings given those terms in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A) ). (B) Payroll costs exclusions \nThe term payroll costs shall not include qualified wages taken into account in determining the credit allowed under section 2301 of the CARES Act ( 26 U.S.C. 3111 note), qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020 ( Public Law 116–260 ; 134 Stat. 3075), or premiums taken into account in determining the credit allowed under section 6432 of the Internal Revenue Code of 1986. (15) Private school \nThe term private school means an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) that is not a public institution.", "id": "H688B2547C6A147B4857A8F8C6EE74F33", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 636(b)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636m(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636m" }, { "text": "15 U.S.C. 636(b)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)(36)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "26 U.S.C. 3111", "legal-doc": "usc", "parsable-cite": "usc/26/3111" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "section 6432", "legal-doc": "usc", "parsable-cite": "usc/26/6432" }, { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "(b) Forgiveness and waivers \n(1) Payroll loans \nA recipient of a covered loan described in subsection (a)(3)(B) shall be eligible for forgiveness of indebtedness on such covered loan in an amount equal to the sum of the following costs incurred and payments made during the covered period: (A) Payroll costs. (B) Any payment of interest on any covered mortgage obligation (which shall not include any prepayment of or payment of principal on a covered mortgage obligation). (C) Any payment on any covered rent obligation. (D) Any covered utility payment. (E) Any covered operations expenditure. (F) Any covered property damage cost. (G) Any covered supplier cost. (2) Disaster loans \n(A) In general \nExcept as provided by subparagraph (B), a recipient of a covered loan described in subsection (a)(3)(A) shall, at the election of the recipient, be eligible for— (i) forgiveness of indebtedness on such covered loan in amount equal to the lesser of— (I) the amount by which such covered loan exceeds $500; and (II) $1800; or (ii) a waiver of interest charges on such covered loan, except that— (I) the total amount of interest waived under such waiver may not exceed $1800; and (II) such waiver may last not more than three years. (B) Private schools \nA recipient of a covered loan described in subsection (a)(3)(A) that is a private school shall, at the election of the recipient, be eligible for— (i) forgiveness of indebtedness on such covered loan as described in subparagraph (A)(i); or (ii) a waiver of interest and principal charges on such covered.", "id": "H4568F70B640146998B7195E854937D33", "header": "Forgiveness and waivers", "nested": [], "links": [] }, { "text": "(c) Treatment of amounts forgiven and waived \n(1) In general \nAmounts which have been forgiven under this section shall be considered canceled indebtedness by the lender. (2) Purchase of guarantees \nFor purposes of the purchase of the guarantee for a covered loan by the Administrator, amounts which are forgiven under this section shall be treated in accordance with the procedures that are otherwise applicable to a loan guaranteed under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (3) Remittances \n(A) Forgiven amounts \nNot later than 90 days after the date on which the amount of forgiveness under this section is determined with respect to a covered loan described in subsection (a)(3)(B), and not later the two weeks after the date on which the amount of forgiveness under this section is determined with respect to a covered loan described in subsection (a)(3)(A), the Administrator shall remit to the lender an amount equal to the amount of forgiveness, plus any interest accrued through the date of payment. (B) Interest waived \nDuring the period interest charges are waived under subparagraphs (A)(ii) or (B)(ii) of subsection (b)(2) on a covered loan in which any individual or entity other than the Administrator is participating, the Administrator shall pay to each individual and entity participating in the covered loan the interest that, but for such subsection, would be owed to such individual or entity at the time such interest would be due. (4) Advance purchase of covered loans \n(A) Report \nA lender authorized under subsections (a) or (b) of section 7 of the Small Business Act ( 15 U.S.C. 636 ), or, at the discretion of the Administrator, a third party participant in the secondary market, may, report to the Administrator an expected forgiveness amount on a covered loan or on a pool of covered loans of up to 100 percent of the principal on the covered loan or pool of covered loans, respectively. (B) Purchase \nThe Administrator shall purchase the expected forgiveness amount described in subparagraph (A) as if the amount were the principal amount of a loan guaranteed under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (C) Timing \nNot later than 15 days after the date on which the Administrator receives a report under subparagraph (A), the Administrator shall purchase the expected forgiveness amount under subparagraph (B) with respect to each covered loan to which the report relates.", "id": "HD679B1CB40BE4112A5CE2D76FDA3616E", "header": "Treatment of amounts forgiven and waived", "nested": [], "links": [ { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "(d) Application \n(1) 7(a) loans \nAn eligible recipient seeking loan forgiveness with respect to a covered loan described in subsection (a)(3)(B) under this section shall submit to the lender that is servicing the covered loan an application, which shall include— (A) documentation verifying the number of full-time equivalent employees on payroll and pay rates to support such loan forgiveness, including— (i) payroll tax filings reported to the Internal Revenue Service; and (ii) State income, payroll, and unemployment insurance filings; (B) documentation, including cancelled checks, payment receipts, transcripts of accounts, purchase orders, orders, invoices, or other documents verifying payments on covered mortgage obligations, payments on covered rent obligations, payments on covered operations expenditures, payments on covered property damage costs, payments on covered supplier costs, payments on covered worker protection expenditures, and covered utility payments; (C) a certification from a representative of the eligible recipient authorized to make such certifications that— (i) the documentation presented is true and correct; and (ii) the amount for which forgiveness is requested was used to retain employees, make interest payments on a covered mortgage obligation, make payments on a covered rent obligation, make payments on covered operations expenditures, make payments on covered property damage costs, make payments on covered supplier costs, make payments on covered worker protection expenditures, or make covered utility payments; and (D) any other documentation the Administrator determines necessary. (2) Disaster loans \n(A) In general \nAn eligible recipient seeking loan forgiveness with respect to a covered loan described in subsection (a)(3)(A) under this section shall submit to the appropriate entity an application at such time, in such manner, and containing such information as the Administrator determines appropriate. (B) Appropriate entity defined \nIn this paragraph, the term appropriate entity means— (i) with respect to a covered loan described in subsection (a)(3)(A) in which the Administrator is participating on a guaranteed basis, the lender that is servicing the covered loan; and (ii) in all other cases, the Administrator.", "id": "HAC766DB1775246E59D6E919736BEF97E", "header": "Application", "nested": [], "links": [] }, { "text": "(e) Prohibition on forgiveness without documentation \nNo eligible recipient shall receive forgiveness under this section without submitting the documentation required under subsection (d).", "id": "HA37D5ECAE34343E6A8EDBC06C5EBDBB1", "header": "Prohibition on forgiveness without documentation", "nested": [], "links": [] }, { "text": "(f) Decision \nNot later than 60 days after the date on which a lender or the Administrator receives an application under subsection (e) for loan forgiveness under this section from an eligible recipient, the lender or the Administrator, as applicable, shall issue a decision on the application.", "id": "H7F2FFDDC21294402900A0192DB8BCE53", "header": "Decision", "nested": [], "links": [] }, { "text": "(g) Hold harmless \n(1) Reliance \nA lender may rely on any certification or documentation submitted by an applicant for a covered loan or an eligible recipient or eligible entity receiving a covered loan that— (A) is submitted pursuant to all applicable statutory requirements, regulations, and guidance related to such covered loan, including under subsections (a)(38), as added by section 3(a) of this Act, and (b) section 7 of the Small Business Act ( 15 U.S.C. 636 ) and under this section; and (B) attests that the applicant, eligible recipient, or eligible entity, as applicable, has accurately provided the certification or documentation to the lender in accordance with the statutory requirements, regulations, and guidance described in subparagraph (A). (2) No enforcement action \nWith respect to a lender that relies on a certification or documentation described in paragraph (1) related to covered loan, an enforcement action may not be taken against the lender, and the lender shall not be subject to any penalties relating to loan origination or forgiveness of the covered loan, if— (A) the lender acts in good faith relating to loan origination or forgiveness of the covered loan based on that reliance; and (B) all other relevant Federal, State, local, and other statutory and regulatory requirements applicable to the lender are satisfied with respect to the covered loan.", "id": "H161B16BEC1B441D1A44E4B24C9F2DDE8", "header": "Hold harmless", "nested": [], "links": [ { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" } ] }, { "text": "(h) Tax treatment \nFor purposes of the Internal Revenue Code of 1986— (1) no amount shall be included in the gross income of the eligible recipient by reason of forgiveness of indebtedness or waivers described in subsection (b), (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of an eligible recipient that is a partnership or S corporation— (A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and (B) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of the Internal Revenue Code of 1986 with respect to any amount described in subparagraph (A) shall equal the partner’s distributive share of deductions resulting from costs giving rise to forgiveness described in subsection (b) or from charges waived as described in such subsection.", "id": "H90C6CAD13C744D1F9F98F07EF4DFF131", "header": "Tax treatment", "nested": [], "links": [ { "text": "section 705", "legal-doc": "usc", "parsable-cite": "usc/26/705" } ] }, { "text": "(i) Rule of Construction \nThe cancellation of indebtedness on a covered loan under this section shall not otherwise modify the terms and conditions of the covered loan.", "id": "H9811B564BC284B9C8F1C5CACCCED921A", "header": "Rule of Construction", "nested": [], "links": [] }, { "text": "(j) Regulations \nNot later than 30 days after the date of enactment of this Act, the Administrator shall issue guidance and regulations implementing this section.", "id": "H331BA9C93BF246318DADABAB7E6CA2F9", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 636(b)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636m(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636m" }, { "text": "15 U.S.C. 636(b)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)(36)(A)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "26 U.S.C. 3111", "legal-doc": "usc", "parsable-cite": "usc/26/3111" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "section 6432", "legal-doc": "usc", "parsable-cite": "usc/26/6432" }, { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "section 705", "legal-doc": "usc", "parsable-cite": "usc/26/705" } ] }, { "text": "5. Maui wildfire paycheck protection program loan facility \nThe Board of Governors of the Federal Reserve System shall, under section 13(3) of the Federal Reserve Act ( 12 U.S.C. 343(3) ), establish a Maui Wildfire Paycheck Protection Program Liquidity Facility to provide loans to entities making loans guaranteed under the Maui Wildfire Paycheck Protection Program. In establishing the requirements for the Maui Wildfire Paycheck Protection Program, the Board of Governors shall make the requirements as close as practicable to the requirements applicable to the Paycheck Protection Program Liquidity Facility.", "id": "H8B081E665546447F9C2B0F8F73F8A3FA", "header": "Maui wildfire paycheck protection program loan facility", "nested": [], "links": [ { "text": "12 U.S.C. 343(3)", "legal-doc": "usc", "parsable-cite": "usc/12/343" } ] } ]
5
1. Short title This Act may be cited as the Healing and Economic Advancement for Local businesses in Maui Act or the HEAL Maui Act. 2. Emergency EIDL grants (a) Definitions In this section— (1) the term covered entity means— (A) a business with not more than 500 employees; (B) any individual who operates under a sole proprietorship, with or without employees, or as an independent contractor; (C) a cooperative with not more than 500 employees; (D) an ESOP (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) with not more than 500 employees; or (E) a tribal small business concern, as described in section 31(b)(2)(C) of the Small Business Act ( 15 U.S.C. 657a(b)(2)(C) ), with not more than 500 employees; (2) the term covered period means the period beginning on August 8, 2023, and ending on May 10, 2024; (3) the term eligible entity means a covered entity the principal office of which is located on Maui and not fewer than 35 percent of the employees of which reside on Maui; and (4) the term Hawai’i Wildfires means wildfires occurring in Hawai’i during the period beginning on August 1, 2023, and ending on September 30, 2023. (b) Eligible entities During the covered period, in addition to small business concerns, private nonprofit organizations, and small agricultural cooperatives, an eligible entity shall be eligible for a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ). (c) Terms; credit elsewhere With respect to a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) during the covered period in response to the Hawai‘i Wildfires, the Administrator shall waive— (1) any rules related to personal guarantee on advances and loans of not more than $200,000 during the covered period for all applicants; (2) the requirement that an applicant needs to be in business for the 1-year period before the disaster, except that no waiver may be made for a business that was not in operation on August 8, 2023; and (3) the requirement in the flush matter following subparagraph (E) of section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) that an applicant be unable to obtain credit elsewhere. (d) Approval and Ability To Repay for Small Dollar Loans With respect to a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) during the covered period in response to the Hawai‘i Wildfires, the Administrator may— (1) approve an applicant based solely on the credit score of the applicant and shall not require an applicant to submit a tax return or a tax return transcript for such approval; or (2) use alternative appropriate methods to determine an applicant's ability to repay. (e) Emergency grant (1) In general During the covered period, an entity made eligible for a loan under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) by subsection (b) of this Act, including small business concerns, private nonprofit organizations, and small agricultural cooperatives, that applies for a loan under such section 7(b)(2) in response to the Hawai‘i Wildfires may request that the Administrator provide to such entity an advance that is, subject to paragraph (4), in the amount requested by such entity. (2) Timing The Administrator shall provide an advance under this subsection to the entity requesting such advance not later than three days after the Administrator receives from such entity an application for a loan under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ) in response to the Hawai‘i Wildfires, a request for such advance, and the self-certification required by paragraph (3). (3) Verification (A) In general An entity seeking an advance under this subsection shall submit to the Administrator, under penalty of perjury pursuant to section 1746 of title 28, United States Code, a self-certification that such entity is an eligible entity. (B) Timing The Administrator may not disburse any amounts under this subsection to an entity before such entity submits a self-certification under subparagraph (A). (4) Amount The amount of an advance provided under this subsection shall be not more than $15,000. (5) Prioritization (A) In general The Administrator shall prioritize providing advances under this subsection to eligible entities that experienced economic loss of not less than 30 percent. (B) Economic loss defined In this paragraph, the term economic loss means, with respect to an eligible entity— (i) the amount by which the gross receipts of the eligible entity declined during an 8-week period between August 8, 2023, and May 10, 2024, relative to a comparable 8-week period between January 1, 2022, and August 7, 2023; or (ii) if the eligible entity is a seasonal business concern, such other amount determined appropriate by the Administrator. (6) Use of funds An advance provided under this subsection may be used to address any allowable purpose for a loan made under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ), including— (A) maintaining payroll to retain employees during business disruptions or substantial slowdowns; (B) paying increased costs to obtain materials due to disruptions to supply chains; (C) making rent or mortgage payments; and (D) repaying obligations that cannot be met due to revenue losses. (7) Repayment (A) In general An entity shall not be required to repay any amounts of an advance provided under this subsection, even if subsequently denied a loan under section 7(b)(2) of the Small Business Act ( 15 U.S.C. 636(b)(2) ). (B) Tax treatment For purposes of the Internal Revenue Code of 1986— (i) no amount shall be included in the gross income of the eligible recipient by reason of subparagraph (A), (ii) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by clause (i), and (iii) in the case of an eligible recipient that is a partnership or S corporation— (I) any amount excluded from income by reason of clause (i) shall be treated as tax exempt income for purposes of sections 705 and 1366 of title 26, and (II) except as provided by the Secretary of the Treasury (or the Secretary's delegate), any increase in the adjusted basis of a partner's interest in a partnership under section 705 of title 26 with respect to any amount described in subclause (I) shall equal the partner's distributive share of deductions resulting from costs paid in accordance with paragraph (6) using amounts from an advance provided under this section. (8) Subsequent loan grant If an entity that receives an advance under this subsection transfers into, or is approved for, the loan program under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), the advance amount shall be reduced from the loan forgiveness amount for a loan for payroll costs made under such paragraph (38). (9) Authorization of appropriations There is authorized to be appropriated to the Administration $1,000,000,000 to carry out this subsection. (10) Termination The authority to make advances under this subsection shall terminate on May 10, 2024. (f) Appropriations There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2023, to remain available until September 30, 2024, for additional amounts $1,000,000,000 under the heading Small Business Administration—Emergency EIDL Grants for carrying out this section. 3. Maui Wildfire Paycheck Protection Program (a) In general Section 7(a) of the small Business Act ( 15 U.S.C. 636(a) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), in the matter preceding clause (i), by striking and (F) and inserting (F), and (G) ; and (B) by adding at the end the following new subparagraph: (G) Participation in the Maui wildfire paycheck protection program In an agreement to participate in a loan on a deferred basis under paragraph (38), the participation by the Administration shall be 100 percent. ; and (2) by adding at the end the following new paragraph: (38) Maui wildfire paycheck protection program (A) Definitions In this paragraph— (i) the terms appropriate Federal banking agency , insured depository institution , eligible self-employed individual , insured credit union , nonprofit organization , payroll costs and veterans organization have the meanings given such terms under paragraph (36)(A); (ii) the term covered loan means a loan made under this paragraph during the covered period; (iii) the term covered period means the period beginning on August 8, 2023, and ending on May 10, 2024; and (iv) the term eligible recipient means an individual or entity that is eligible to receive a covered loan. (B) Maui wildfire paycheck protection program Except as otherwise provided in this paragraph, the Administrator may guarantee covered loans under the same terms, conditions, and processes as a loan made under this subsection. (C) Registration of loans Not later than 15 days after the date on which a loan is made under this paragraph, the Administration shall register the loan using the TIN (as defined in section 7701 of title 26) assigned to the borrower. (D) Increased eligibility for certain small business and organizations (i) Inclusion of sole proprietors, independent contractors, and eligible self-employed individuals (I) In general During the covered period, individuals who operate under a sole proprietorship or as an independent contractor and eligible self-employed individuals shall be eligible to receive a covered loan. (II) Documentation An eligible self-employed individual, independent contractor, or sole proprietorship seeking a covered loan shall submit such documentation as determined necessary by the Administrator and the Secretary, to establish the applicant as eligible. (ii) Business concerns with more than 1 physical location During the covered period, any business concern that employs not more than 500 employees per physical location of the business concern and that is assigned a North American Industry Classification System code beginning with 72 at the time of disbursal shall be eligible to receive a covered loan. (iii) Waiver of affiliation rules During the covered period, the provisions applicable to affiliations under section 121.103 of title 13, Code of Federal Regulations, or any successor regulation, are waived with respect to eligibility for a covered loan for— (I) any business concern with not more than 500 employees that, as of the date on which the covered loan is disbursed, is assigned a North American Industry Classification System code beginning with 72; (II) any business concern operating as a franchise that is assigned a franchise identifier code by the Administration; and (III) any business concern that receives financial assistance from a company licensed under section 301 of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 ). (iv) Affiliation The provisions applicable to affiliations under section 121.103 of title 13, Code of Federal Regulations, or any successor thereto, shall apply with respect to a nonprofit organization and a veterans organization in the same manner as with respect to a small business concern. (E) Maximum loan amount During the covered period, with respect to a covered loan, the maximum loan amount shall be the lesser of— (i) (I) the sum of— (aa) the product obtained by multiplying— (AA) the average total monthly payments by the applicant for payroll costs incurred during the 1-year period before the date on which the loan is made, except that, in the case of an applicant that is seasonal employer, as determined by the Administrator, the average total monthly payments for payroll shall be for any 12-week period selected by the seasonal employer that is between August 8, 2023, and May 10, 2024 and ends before the date on which the loan is made; by (BB) 2.5; and (bb) the outstanding amount of a loan under subsection (b)(2) that was made during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available to be refinanced under the covered loan; or (II) if requested by an otherwise eligible recipient that was not in business during the period beginning on August 8, 2022, and ending on May 10, 2023, the sum of— (aa) the product obtained by multiplying— (AA) the average total monthly payments by the applicant for payroll costs incurred during the period beginning on May 11, 2023, and ending on August 8, 2023; by (BB) 2.5; and (bb) the outstanding amount of a loan under subsection (b)(2) that was made during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available to be refinanced under the covered loan; or (ii) the costs, expenses, and expenditures described in subclauses (I) through (XI) of subparagraph (F)(i) that were incurred by the applicant during the covered period with respect to employees of the applicant on Maui, up to $10,000,000. (F) Allowable uses of covered loans (i) In general During the covered period, an eligible recipient may, in addition to the allowable uses of a loan made under this subsection, use the proceeds of the covered loan for any of the following costs, expenses, or expenditures incurred with respect to employees, property, or operations of the eligibility recipient on Maui: (I) Payroll costs. (II) Costs related to the continuation of group health care benefits during periods of paid sick, medical, or family leave, and insurance premiums. (III) Employee salaries, commissions, or similar compensations. (IV) Payments of interest on any mortgage obligation (which shall not include any prepayment of or payment of principal on a mortgage obligation). (V) Rent (including rent under a lease agreement). (VI) Utilities. (VII) Interest on any other debt obligations that were incurred before the covered period. (VIII) Covered operations expenditures, as defined in section 4(a) of the Healing and Economic Advancement for Local businesses in Maui Act. (IX) Covered property damage costs, as defined in such section. (X) Covered supplier costs, as defined in such section. (XI) Covered worker protection expenditures, as defined in such section. (ii) Delegated authority (I) In general For purposes of making covered loans for the purposes described in clause (i), a lender approved to make loans under this subsection shall be deemed to have been delegated authority by the Administrator to make and approve covered loans, subject to the provisions of this paragraph. (II) Considerations In evaluating the eligibility of a borrower for a covered loan with the terms described in this paragraph, a lender shall consider whether the borrower— (aa) was in operation on August 8, 2023; and (bb) (AA) had employees for whom the borrower paid salaries and payroll taxes; or (BB) paid independent contractors, as reported on a Form 1099–MISC. (iii) Additional lenders The authority to make loans under this paragraph shall be extended to additional lenders determined by the Administrator and the Secretary of the Treasury to have the necessary qualifications to process, close, disburse and service loans made with the guarantee of the Administration. (iv) Refinance A loan made under subsection (b)(2) during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available may be refinanced as part of a covered loan. (v) Nonrecourse Notwithstanding the waiver of the personal guarantee requirement or collateral under subparagraph (J), the Administrator shall have no recourse against any individual shareholder, member, or partner of an eligible recipient of a covered loan for nonpayment of any covered loan, except to the extent that such shareholder, member, or partner uses the covered loan proceeds for a purpose not authorized under clause (i) or (iv). (G) Certification An eligible recipient applying for a covered loan shall make a good faith certification— (i) that the uncertainty of current economic conditions makes necessary the loan request to support the ongoing operations of the eligible recipient; (ii) acknowledging that funds will be used to retain workers and maintain payroll or make mortgage payments, lease payments, and utility payments; (iii) that the eligible recipient does not have an application pending for a loan under this subsection for the same purpose and duplicative of amounts applied for or received under a covered loan; and (iv) during the covered period, that the eligible recipient has not received amounts under this subsection for the same purpose and duplicative of amounts applied for or received under a covered loan. (H) Fee waiver With respect to a covered loan— (i) in lieu of the fee otherwise applicable under paragraph (23)(A), the Administrator shall collect no fee; and (ii) in lieu of the fee otherwise applicable under paragraph (18)(A), the Administrator shall collect no fee. (I) Credit elsewhere During the covered period, the requirement that a small business concern is unable to obtain credit elsewhere, as defined in section 3(h), shall not apply to a covered loan. (J) Waiver of personal guarantee requirement With respect to a covered loan— (i) no personal guarantee shall be required for the covered loan; and (ii) no collateral shall be required for the covered loan. (K) Maturity for loans with remaining balance after application of forgiveness With respect to a covered loan that has a remaining balance after reduction based on the loan forgiveness amount under section 4 of the Healing and Economic Advancement for Local businesses in Maui Act— (i) the remaining balance shall continue to be guaranteed by the Administration under this subsection; and (ii) the covered loan shall have a maximum maturity of 10 years from the date on which the borrower applies for loan forgiveness under that section. (L) Interest rate requirements A covered loan shall bear an interest rate not to exceed 4 percent, calculated on a non-compounding, non-adjustable basis. (M) Loan deferment (i) Definition of impacted borrower (I) In general In this subparagraph, the term impacted borrower means an eligible recipient that— (aa) was in operation on August 8, 2023; and (bb) has an application for a covered loan that is approved or pending approval on or after the date of the enactment of this paragraph. (II) Presumption For purposes of this subparagraph, an impacted borrower is presumed to have been adversely impacted by the Hawai’i Wildfires. (ii) Deferral During the covered period, the Administrator shall— (I) consider each eligible recipient that applies for a covered loan to be an impacted borrower; and (II) require lenders under this subsection to provide complete payment deferment relief for impacted borrowers with covered loans for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year. (iii) Secondary market During the covered period, with respect to a covered loan that is sold on the secondary market, if an investor declines to approve a deferral requested by a lender under clause (ii), the Administrator shall exercise the authority to purchase the loan so that the impacted borrower may receive a deferral for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year. (iv) Guidance Not later than 30 days after the date of enactment of this paragraph, the Administrator shall provide guidance to lenders under this paragraph on the deferment process described in this subparagraph. (N) Secondary market sales A covered loan shall be eligible to be sold in the secondary market consistent with this subsection. The Administrator may not collect any fee for any guarantee sold into the secondary market under this subparagraph. (O) Regulatory capital requirements (i) Risk weight With respect to the appropriate Federal banking agencies or the National Credit Union Administration Board applying capital requirements under their respective risk-based capital requirements, a covered loan shall receive a risk weight of zero percent. (ii) Temporary relief from TDR disclosures Notwithstanding any other provision of law, an insured depository institution or an insured credit union that modifies a covered loan in relation to Hawai‘i Wildfire-related difficulties in a troubled debt restructuring on or after August 8, 2023, shall not be required to comply with the Financial Accounting Standards Board Accounting Standards Codification Subtopic 310–40 ( Receivables - Troubled Debt Restructurings by Creditors ) for purposes of compliance with the requirements of the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ), until such time and under such circumstances as the appropriate Federal banking agency or the National Credit Union Administration Board, as applicable, determines appropriate. (P) Reimbursement for processing (i) In general The Administrator shall reimburse a lender authorized to make a covered loan at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of— (I) the lesser of 50 percent of such balance or $2,500 for a covered loan of not more than $50,000; (II) 5 percent for a covered loan of more than $50,000 and not more than $350,000; (III) 3 percent for a covered loan of more than $350,000 and less than $2,000,000; and (IV) 1 percent for a covered loan of not less than $2,000,000. (ii) Fee limits An agent that assists an eligible recipient to prepare an application for a covered loan may not collect a fee in excess of the limits established by the Administrator. If an eligible recipient has knowingly retained an agent, such fees shall be paid by the eligible recipient and may not be paid out of the proceeds of a covered loan. A lender shall only be responsible for paying fees to an agent for services for which the lender directly contracts with the agent. (iii) Timing A reimbursement described in clause (i) shall be made not later than 5 days after the disbursement of the covered loan. (Q) Duplication Nothing in this paragraph shall prohibit a recipient of an economic injury disaster loan made under subsection (b)(2) during the period beginning on August 8, 2023, and ending on the date on which covered loans are made available that is for a purpose other than paying payroll costs or any other purpose described in subparagraph (F) from receiving assistance under this paragraph. (R) Waiver of prepayment penalty Notwithstanding any other provision of law, there shall be no prepayment penalty for any payment made on a covered loan.. (b) Set-Asides for insured depository institutions, credit unions, and community financial institutions (1) Insured depository institutions and credit unions In making loan guarantees under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), the Administrator of the Small Business Administration shall guarantee not less than $30,000,000,000 in loans made by— (A) insured depository institutions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000; and (B) credit unions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000. (2) Community financial institutions, small insured depository institutions, and credit unions In making loan guarantees under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), the Administrator of the Small Business Administration shall guarantee not less than $30,000,000,000 in loans made by— (A) community financial institutions; (B) insured depository institutions with consolidated assets of less than $10,000,000,000; and (C) credit unions with consolidated assets of less than $10,000,000,000. (3) Definitions In this subsection, the terms community financial institution , credit union , and insured depository institution have the meanings given such terms in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A) ). (c) Commitments for 7(a) loans During the period beginning on August 8, 2023, and ending on May 10, 2024— (1) the amount authorized for commitments for loans authorized under paragraph (38) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), as added by subsection (a) of this section, shall be $400,000,000,000; and (2) the amount authorized for commitments for general business loans under the heading Business Loans Program Account in title V of the Financial Services and General Government Appropriations Act, 2023 (division E of Public Law 117–328 ) shall not apply with respect to the loans described in paragraph (1). (d) Express loans Section 7(a)(31)(D) of the Small Business Act ( 15 U.S.C. 636(a)(31)(D) ) is amended by striking $500,000 and inserting $1,000,000. 4. Loan forgiveness (a) Definitions In this section: (1) Administration The term Administration means the Small Business Administration. (2) Administrator The term Administrator means the Administrator of the Small Business Administration. (3) Covered Loan The term covered loan means— (A) a loan of more than $500 made under paragraph (1) or (2) of section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ) during the period beginning on August 8, 2023, and ending on May 10, 2024 in response to the Hawai’i Wildfires; or (B) a loan guaranteed under paragraph (38) of section 7(a) of such Act ( 15 U.S.C. 636(a) ), as added by section 3(a). (4) Covered mortgage obligation The term covered mortgage obligation means any indebtedness or debt instrument incurred in the ordinary course of business that— (A) is a liability of the borrower; (B) is a mortgage on real or personal property; and (C) was incurred before August 8, 2023. (5) Covered operations expenditure The term covered operations expenditure has the meaning given such term in section 7A(a) of the Small Business Act ( 15 U.S.C. 636m(a) ). (6) Covered period The term covered period means the period— (A) beginning on the date of the origination of a covered loan; and (B) ending on a date selected by the eligible recipient of the covered loan that occurs during the period— (i) beginning on the date that is 8 weeks after such date of origination; and (ii) ending on the date that is 24 weeks after such date of origination. (7) Covered property damage cost The term covered property damage cost means a cost related to property damage and vandalism or looting due to public disturbances that occurred during the period beginning on August 8, 2023, and ending on May 10, 2024 that was not covered by insurance or other compensation. (8) Covered rent obligation The term covered rent obligation means rent obligated under a leasing agreement in force before August 8, 2023. (9) Covered supplier cost The term covered supplier cost means an expenditure made by an entity to a supplier of goods for the supply of goods that— (A) are essential to the operations of the entity at the time at which the expenditure is made; and (B) is made pursuant to a contract, order, or purchase order— (i) in effect at any time before the covered period with respect to the applicable covered loan; or (ii) with respect to perishable goods, in effect before or at any time during the covered period with respect to the applicable covered loan. (10) Covered utility payment The term covered utility payment means payment for a service for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before August 8, 2023. (11) Eligible recipient The term eligible recipient means the recipient of a covered loan. (12) Expected forgiveness amount The term expected forgiveness amount means— (A) with respect to a covered loan described in paragraph (3)(A), the amount of principal of such loan that a lender reasonably expects a borrower to expend during the covered period on costs payable using such covered loan under section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ); and (B) with respect to a covered loan described in paragraph (3)(B), the amount of principal of such covered loan that a lender reasonably expects a borrower to expend during the covered period on the sum of any— (i) payroll costs; (ii) payments of interest on any covered mortgage obligation (which shall not include any prepayment of or payment of principal on a covered mortgage obligation); (iii) payments on any covered rent obligation; (iv) covered utility payments; (v) covered operations expenditures; (vi) covered property damage costs; and (vii) covered supplier costs. (13) Hawai’i Wildfires The term Hawai’i Wildfires has the meanings given such term in section 2(a). (14) Payroll costs; seasonal employer (A) In general Except as provided in subparagraph (B), the terms payroll costs and seasonal employer have the meanings given those terms in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A) ). (B) Payroll costs exclusions The term payroll costs shall not include qualified wages taken into account in determining the credit allowed under section 2301 of the CARES Act ( 26 U.S.C. 3111 note), qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020 ( Public Law 116–260 ; 134 Stat. 3075), or premiums taken into account in determining the credit allowed under section 6432 of the Internal Revenue Code of 1986. (15) Private school The term private school means an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) that is not a public institution. (b) Forgiveness and waivers (1) Payroll loans A recipient of a covered loan described in subsection (a)(3)(B) shall be eligible for forgiveness of indebtedness on such covered loan in an amount equal to the sum of the following costs incurred and payments made during the covered period: (A) Payroll costs. (B) Any payment of interest on any covered mortgage obligation (which shall not include any prepayment of or payment of principal on a covered mortgage obligation). (C) Any payment on any covered rent obligation. (D) Any covered utility payment. (E) Any covered operations expenditure. (F) Any covered property damage cost. (G) Any covered supplier cost. (2) Disaster loans (A) In general Except as provided by subparagraph (B), a recipient of a covered loan described in subsection (a)(3)(A) shall, at the election of the recipient, be eligible for— (i) forgiveness of indebtedness on such covered loan in amount equal to the lesser of— (I) the amount by which such covered loan exceeds $500; and (II) $1800; or (ii) a waiver of interest charges on such covered loan, except that— (I) the total amount of interest waived under such waiver may not exceed $1800; and (II) such waiver may last not more than three years. (B) Private schools A recipient of a covered loan described in subsection (a)(3)(A) that is a private school shall, at the election of the recipient, be eligible for— (i) forgiveness of indebtedness on such covered loan as described in subparagraph (A)(i); or (ii) a waiver of interest and principal charges on such covered. (c) Treatment of amounts forgiven and waived (1) In general Amounts which have been forgiven under this section shall be considered canceled indebtedness by the lender. (2) Purchase of guarantees For purposes of the purchase of the guarantee for a covered loan by the Administrator, amounts which are forgiven under this section shall be treated in accordance with the procedures that are otherwise applicable to a loan guaranteed under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (3) Remittances (A) Forgiven amounts Not later than 90 days after the date on which the amount of forgiveness under this section is determined with respect to a covered loan described in subsection (a)(3)(B), and not later the two weeks after the date on which the amount of forgiveness under this section is determined with respect to a covered loan described in subsection (a)(3)(A), the Administrator shall remit to the lender an amount equal to the amount of forgiveness, plus any interest accrued through the date of payment. (B) Interest waived During the period interest charges are waived under subparagraphs (A)(ii) or (B)(ii) of subsection (b)(2) on a covered loan in which any individual or entity other than the Administrator is participating, the Administrator shall pay to each individual and entity participating in the covered loan the interest that, but for such subsection, would be owed to such individual or entity at the time such interest would be due. (4) Advance purchase of covered loans (A) Report A lender authorized under subsections (a) or (b) of section 7 of the Small Business Act ( 15 U.S.C. 636 ), or, at the discretion of the Administrator, a third party participant in the secondary market, may, report to the Administrator an expected forgiveness amount on a covered loan or on a pool of covered loans of up to 100 percent of the principal on the covered loan or pool of covered loans, respectively. (B) Purchase The Administrator shall purchase the expected forgiveness amount described in subparagraph (A) as if the amount were the principal amount of a loan guaranteed under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (C) Timing Not later than 15 days after the date on which the Administrator receives a report under subparagraph (A), the Administrator shall purchase the expected forgiveness amount under subparagraph (B) with respect to each covered loan to which the report relates. (d) Application (1) 7(a) loans An eligible recipient seeking loan forgiveness with respect to a covered loan described in subsection (a)(3)(B) under this section shall submit to the lender that is servicing the covered loan an application, which shall include— (A) documentation verifying the number of full-time equivalent employees on payroll and pay rates to support such loan forgiveness, including— (i) payroll tax filings reported to the Internal Revenue Service; and (ii) State income, payroll, and unemployment insurance filings; (B) documentation, including cancelled checks, payment receipts, transcripts of accounts, purchase orders, orders, invoices, or other documents verifying payments on covered mortgage obligations, payments on covered rent obligations, payments on covered operations expenditures, payments on covered property damage costs, payments on covered supplier costs, payments on covered worker protection expenditures, and covered utility payments; (C) a certification from a representative of the eligible recipient authorized to make such certifications that— (i) the documentation presented is true and correct; and (ii) the amount for which forgiveness is requested was used to retain employees, make interest payments on a covered mortgage obligation, make payments on a covered rent obligation, make payments on covered operations expenditures, make payments on covered property damage costs, make payments on covered supplier costs, make payments on covered worker protection expenditures, or make covered utility payments; and (D) any other documentation the Administrator determines necessary. (2) Disaster loans (A) In general An eligible recipient seeking loan forgiveness with respect to a covered loan described in subsection (a)(3)(A) under this section shall submit to the appropriate entity an application at such time, in such manner, and containing such information as the Administrator determines appropriate. (B) Appropriate entity defined In this paragraph, the term appropriate entity means— (i) with respect to a covered loan described in subsection (a)(3)(A) in which the Administrator is participating on a guaranteed basis, the lender that is servicing the covered loan; and (ii) in all other cases, the Administrator. (e) Prohibition on forgiveness without documentation No eligible recipient shall receive forgiveness under this section without submitting the documentation required under subsection (d). (f) Decision Not later than 60 days after the date on which a lender or the Administrator receives an application under subsection (e) for loan forgiveness under this section from an eligible recipient, the lender or the Administrator, as applicable, shall issue a decision on the application. (g) Hold harmless (1) Reliance A lender may rely on any certification or documentation submitted by an applicant for a covered loan or an eligible recipient or eligible entity receiving a covered loan that— (A) is submitted pursuant to all applicable statutory requirements, regulations, and guidance related to such covered loan, including under subsections (a)(38), as added by section 3(a) of this Act, and (b) section 7 of the Small Business Act ( 15 U.S.C. 636 ) and under this section; and (B) attests that the applicant, eligible recipient, or eligible entity, as applicable, has accurately provided the certification or documentation to the lender in accordance with the statutory requirements, regulations, and guidance described in subparagraph (A). (2) No enforcement action With respect to a lender that relies on a certification or documentation described in paragraph (1) related to covered loan, an enforcement action may not be taken against the lender, and the lender shall not be subject to any penalties relating to loan origination or forgiveness of the covered loan, if— (A) the lender acts in good faith relating to loan origination or forgiveness of the covered loan based on that reliance; and (B) all other relevant Federal, State, local, and other statutory and regulatory requirements applicable to the lender are satisfied with respect to the covered loan. (h) Tax treatment For purposes of the Internal Revenue Code of 1986— (1) no amount shall be included in the gross income of the eligible recipient by reason of forgiveness of indebtedness or waivers described in subsection (b), (2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and (3) in the case of an eligible recipient that is a partnership or S corporation— (A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986, and (B) except as provided by the Secretary of the Treasury (or the Secretary’s delegate), any increase in the adjusted basis of a partner’s interest in a partnership under section 705 of the Internal Revenue Code of 1986 with respect to any amount described in subparagraph (A) shall equal the partner’s distributive share of deductions resulting from costs giving rise to forgiveness described in subsection (b) or from charges waived as described in such subsection. (i) Rule of Construction The cancellation of indebtedness on a covered loan under this section shall not otherwise modify the terms and conditions of the covered loan. (j) Regulations Not later than 30 days after the date of enactment of this Act, the Administrator shall issue guidance and regulations implementing this section. 5. Maui wildfire paycheck protection program loan facility The Board of Governors of the Federal Reserve System shall, under section 13(3) of the Federal Reserve Act ( 12 U.S.C. 343(3) ), establish a Maui Wildfire Paycheck Protection Program Liquidity Facility to provide loans to entities making loans guaranteed under the Maui Wildfire Paycheck Protection Program. In establishing the requirements for the Maui Wildfire Paycheck Protection Program, the Board of Governors shall make the requirements as close as practicable to the requirements applicable to the Paycheck Protection Program Liquidity Facility.
40,115
[ "Financial Services Committee", "Ways and Means Committee", "Small Business Committee" ]
118hr7129rh
118
hr
7,129
rh
To amend the Small Business Act to establish the Office of Whistleblower Awards, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Put America on Commission Act of 2024.", "id": "H34B7050C56394A14B28F491624CAEAFB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Establishment of the Office of Whistleblower Awards \nThe Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 7(b), by redesignating the second paragraph (16) (relating to statute of limitations) as paragraph (17); (2) by redesignating section 49 as section 50; and (3) by inserting after section 48 the following new section: 49. Office of Whistleblower Awards \n(a) Establishment \nThere is established within the Office of Performance, Planning, and the Chief Financial Officer of the Administration an Office of Whistleblower Awards. (b) Administration \nThe Office of Whistleblower Awards shall be administered by an employee in the competitive service. (c) Awards to whistleblowers \n(1) In general \nExcept as otherwise provided in this section, the head of the Office of Whistleblower Awards shall— (A) with respect to information submitted to head of the Office of Whistleblower Awards by whistleblowers relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator— (i) determine, in coordination with the Inspector General, whether such information is original information; and (ii) for all such information that is original information— (I) collect and transmit to the Inspector General such original information; and (II) track the use of such original information in obtaining final convictions and settlement and plea agreements; and (B) pay an award in an amount as described in paragraph (2) to a whistleblower for information described in subparagraph (A) that is original information submitted to head of the Office of Whistleblower Awards by such whistleblower if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on such original information, as determined by the Inspector General. (2) Amounts \nAny amount payable under this section shall be paid from the amounts deposited in the Whistleblower Award Fund established under subsection (f) based on a person finally convicted pursuant to, or a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on original information provided to the head of the Office of Whistleblower Awards by the whistleblower as follows: (A) 10 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a national of the United States or an entity located in the United States. (B) 15 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a foreign national or an entity located in a country other than the United States. (3) Multiple whistleblowers \n(A) In general \nIf a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on information described in paragraph (1)(A) that is original information from multiple whistleblowers, only the whistleblower who made the most substantial contribution with respect to such COVID loan action (including such conviction, settlement agreement, or plea agreement), as determined by the head of the Office of Whistleblower Awards, may receive an award under this section with respect to a conviction pursuant to, or a settlement or plea agreement with respect to, such COVID loan action. (B) Substantiality determination \nFor the purposes of determining which whistleblower made the most substantial contribution with respect to a COVID loan action under subparagraph (A), the head of the Office of Whistleblower Awards shall consider— (i) the significance of the original information of the whistleblower with respect to such COVID loan action; (ii) the role of the whistleblower and any legal representative of the whistleblower in contributing to such COVID loan action; and (iii) such other criteria as the head of the Office of Whistleblower Awards determines appropriate. (d) Additional requirements \n(1) Reduction in award \nThe head of the Office of Whistleblower Awards may reduce to an amount greater than or equal to zero an award to a whistleblower under this section for original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator if the head of the Office of Whistleblower Awards determines that such whistleblower planned or initiated the actions that led to such to financial misconduct or fraudulent misrepresentation. (2) Criminal conviction \n(A) Denial \nA whistleblower who is finally convicted of an offense arising out of planning or initiating the actions that led to the to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator is ineligible for any award under this section with respect any conviction, settlement agreement, or plea agreement related to such financial misconduct or fraudulent misrepresentation. (B) Repayment \nAs a condition of receiving an award under this section, the whistleblower shall agree to repay the full amount of the award if the whistleblower is finally convicted of an offense relating to the original information that was the basis for receipt of such award. (3) No contract necessary \nA whistleblower shall not be required to be a party to a contract with the Administrator to be eligible to receive an award under this section. (4) Timing \nThe head of the Office of Whistleblower Awards shall disburse payments to a whistleblower under this section not later than one year after the date on which amounts have been deposited into the Whistleblower Award Fund based on a conviction pursuant to, or a settlement or plea agreeement entered into with respect to, a COVID loan action based, in whole or in part, on information described in subsection (c)(1)(A) that is original information provided by such whistleblower. (5) Status updates \nThe head of the Office of Whistleblower Awards shall— (A) provide confirmation of the receipt of information described in subsection (c)(1)(A) to the whistleblower that submitted such information; (B) provide to such whistleblower— (i) a notice of the determination whether such information is original information; and (ii) for such information that is original information, a notice of each determination by the Inspector General pursuant to a final conviction or settlement or plea agreement with respect to a COVID loan action whether such information was the basis, in whole or in part, of such COVID loan action; and (C) ensure that procedures consistent with section 1213 of title 5, United States Code, for findings on the disclosure and for the whistleblower to comment on any preliminary determinations. (6) Anti-retaliation \n(A) In general \nNo person may be discriminated against and no other prejudicial action may be taken against a person because such person has made, is perceived as about to make, or assisted or associated with a person who made or is about to make a disclosure under this section. (B) Relief \nAny person who alleges to discrimination or other prejudicial action in violation of subparagraph (A) may seek relief for a violation of such subparagraph pursuant to the rights, procedures, burdens of proof and remedies in paragraphs (2) through (5) of section 5323(g) of title 31, United States Code. (e) Appeals \nA determination made under this section by the head of the Office of Whistleblower Awards, except the determination of the amount of an award if the award was made in accordance with the requirements of subsection (c)(2), may be appealed by the whistleblower subject to such determination to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the head of the Office of Whistleblower Awards. The court shall review the determination in accordance with section 706 of title 5, United States Code. (f) Whistleblower Award Fund \n(1) Establishment \nThere is established in the Department of the Treasury a revolving fund to be known as the Whistleblower Award Fund. (2) Use of fund \nAmounts in the Whistleblower Award Fund shall be available to head of the Office of Whistleblower Awards, without further appropriation or fiscal year limitation, for— (A) payment of awards made under this section; and (B) the necessary expenses for the operation of the Office of Whistleblower Awards. (3) Deposits \nNotwithstanding any other provision of law, if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action based, in whole or in part, on original information described in subsection (c)(1) that is provided to the head of the Office of Whistleblower Awards by a whistleblower, there shall be deposited into the Whistleblower Award Fund all amounts collected from such person by the Federal Government, including amounts collected as a result of a civil monetary penalty under subsection (g)— (A) for or pursuant to such conviction; or (B) under or pursuant to such settlement or plea agreement. (4) Remaining amounts \nThe Administrator shall deposit into the general fund of the Treasury any amounts in the Whistleblower Award Fund not used to pay whistleblowers under subsection (c) or the necessary expenses for the operation of the Office of Whistleblower Awards. (g) Civil monetary penalty \n(1) In general \nAny person who is finally convicted pursuant to a COVID loan action or who enters into a settlement or plea agreement with respect to a COVID loan action shall, in addition to any other penalties that may be prescribed by law, be subject to a civil monetary penalty, assessed by the Administrator, in an amount equal to 30 percent of the aggregate of the principal amounts of the loans with respect to which such person was so finally convicted or entered into such a settlement or plea agreement. (2) Collection \n(A) In general \nCivil money penalties and assessments imposed under this subsection may be compromised by the Adminstrator and may be recovered in a civil action in the name of the United States brought in United States district court for the district where the conduct serving as the basis for the relevant COVID loan action occurred or in United States district court for the district in which the person against whom the penalty or assessment has been assessed resides, as determined by the Administrator. (B) Withholdings \n(i) In general \nThe amount of a civil money penalty and assessment imposed under this subsection, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum then or later owing by the United States to the person against whom the penalty or assessment has been assessed. (ii) Treatment \nFor the purposes of awards under this section, amounts deducted under clause (i) shall be deposited into the Whistleblower Award Fund. (h) Report \nNot later than 12 months after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on— (1) the number of times whistleblowers submitted to the head of the Office of Whistleblower Awards original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator; (2) the amount of awards disbursed under this section; and (3) any legislative or administrative recommendations regarding the duties of the Office of Whistleblower Awards. (i) Rule of construction \nNothing in this section shall be construed to modify or interfere with any investigations carried out by the Inspector General or another Federal agency. (j) Sunset \n(1) In general \nExcept as provided by paragraph (2), the authority under this section shall terminate on the date that the last COVID loan action that was timely filed and either— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (2) Appeals \nNotwithstanding paragraph (1), the authority under this section shall continue with respect to a claim for an award under this section for which a determination is being appealed or is appealable under subsection (e) as of the date described in such paragraph until a determination for such award is no longer being appealed or appealable under subsection (e). (k) Definitions \nIn this section: (1) COVID loan action \nThe term COVID loan action means a criminal charge or civil enforcement action described in— (A) section 7(a)(36)(W); (B) section 7(a)(37)(P); (C) section 7(b)(17); (D) section 1110(e)(9) of the CARES Act ( 15 U.S.C. 9009(e)(9) ); or (E) section 331(i) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009b(i) ). (2) Final conviction; finally convicted \nThe terms final conviction and finally convicted mean, with respect to a person, that such person has been convicted of an offense and such conviction— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (3) Inspector General \nThe term Inspector General means the Inspector General of the Administration. (4) Original information \nThe term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Administrator or Inspector General from any source other than the whistleblower, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative action, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information; and (D) was provided to the Inspector General— (i) after the date of the enactment of this Act; or (ii) by a means other than a hotline for reporting fraud, waste, and abuse that is maintained by the Inspector General. (5) Whistleblower \nThe term whistleblower means an individual who submits information to the Office of Whistleblower Awards that such individual reasonably believes relates to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator..", "id": "H82827C04D55E4DF6B93ADBA1BA45B06D", "header": "Establishment of the Office of Whistleblower Awards", "nested": [], "links": [ { "text": "15 U.S.C. 631 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/631" }, { "text": "15 U.S.C. 9009(e)(9)", "legal-doc": "usc", "parsable-cite": "usc/15/9009" }, { "text": "15 U.S.C. 9009b(i)", "legal-doc": "usc", "parsable-cite": "usc/15/9009b" } ] }, { "text": "49. Office of Whistleblower Awards \n(a) Establishment \nThere is established within the Office of Performance, Planning, and the Chief Financial Officer of the Administration an Office of Whistleblower Awards. (b) Administration \nThe Office of Whistleblower Awards shall be administered by an employee in the competitive service. (c) Awards to whistleblowers \n(1) In general \nExcept as otherwise provided in this section, the head of the Office of Whistleblower Awards shall— (A) with respect to information submitted to head of the Office of Whistleblower Awards by whistleblowers relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator— (i) determine, in coordination with the Inspector General, whether such information is original information; and (ii) for all such information that is original information— (I) collect and transmit to the Inspector General such original information; and (II) track the use of such original information in obtaining final convictions and settlement and plea agreements; and (B) pay an award in an amount as described in paragraph (2) to a whistleblower for information described in subparagraph (A) that is original information submitted to head of the Office of Whistleblower Awards by such whistleblower if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on such original information, as determined by the Inspector General. (2) Amounts \nAny amount payable under this section shall be paid from the amounts deposited in the Whistleblower Award Fund established under subsection (f) based on a person finally convicted pursuant to, or a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on original information provided to the head of the Office of Whistleblower Awards by the whistleblower as follows: (A) 10 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a national of the United States or an entity located in the United States. (B) 15 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a foreign national or an entity located in a country other than the United States. (3) Multiple whistleblowers \n(A) In general \nIf a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on information described in paragraph (1)(A) that is original information from multiple whistleblowers, only the whistleblower who made the most substantial contribution with respect to such COVID loan action (including such conviction, settlement agreement, or plea agreement), as determined by the head of the Office of Whistleblower Awards, may receive an award under this section with respect to a conviction pursuant to, or a settlement or plea agreement with respect to, such COVID loan action. (B) Substantiality determination \nFor the purposes of determining which whistleblower made the most substantial contribution with respect to a COVID loan action under subparagraph (A), the head of the Office of Whistleblower Awards shall consider— (i) the significance of the original information of the whistleblower with respect to such COVID loan action; (ii) the role of the whistleblower and any legal representative of the whistleblower in contributing to such COVID loan action; and (iii) such other criteria as the head of the Office of Whistleblower Awards determines appropriate. (d) Additional requirements \n(1) Reduction in award \nThe head of the Office of Whistleblower Awards may reduce to an amount greater than or equal to zero an award to a whistleblower under this section for original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator if the head of the Office of Whistleblower Awards determines that such whistleblower planned or initiated the actions that led to such to financial misconduct or fraudulent misrepresentation. (2) Criminal conviction \n(A) Denial \nA whistleblower who is finally convicted of an offense arising out of planning or initiating the actions that led to the to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator is ineligible for any award under this section with respect any conviction, settlement agreement, or plea agreement related to such financial misconduct or fraudulent misrepresentation. (B) Repayment \nAs a condition of receiving an award under this section, the whistleblower shall agree to repay the full amount of the award if the whistleblower is finally convicted of an offense relating to the original information that was the basis for receipt of such award. (3) No contract necessary \nA whistleblower shall not be required to be a party to a contract with the Administrator to be eligible to receive an award under this section. (4) Timing \nThe head of the Office of Whistleblower Awards shall disburse payments to a whistleblower under this section not later than one year after the date on which amounts have been deposited into the Whistleblower Award Fund based on a conviction pursuant to, or a settlement or plea agreeement entered into with respect to, a COVID loan action based, in whole or in part, on information described in subsection (c)(1)(A) that is original information provided by such whistleblower. (5) Status updates \nThe head of the Office of Whistleblower Awards shall— (A) provide confirmation of the receipt of information described in subsection (c)(1)(A) to the whistleblower that submitted such information; (B) provide to such whistleblower— (i) a notice of the determination whether such information is original information; and (ii) for such information that is original information, a notice of each determination by the Inspector General pursuant to a final conviction or settlement or plea agreement with respect to a COVID loan action whether such information was the basis, in whole or in part, of such COVID loan action; and (C) ensure that procedures consistent with section 1213 of title 5, United States Code, for findings on the disclosure and for the whistleblower to comment on any preliminary determinations. (6) Anti-retaliation \n(A) In general \nNo person may be discriminated against and no other prejudicial action may be taken against a person because such person has made, is perceived as about to make, or assisted or associated with a person who made or is about to make a disclosure under this section. (B) Relief \nAny person who alleges to discrimination or other prejudicial action in violation of subparagraph (A) may seek relief for a violation of such subparagraph pursuant to the rights, procedures, burdens of proof and remedies in paragraphs (2) through (5) of section 5323(g) of title 31, United States Code. (e) Appeals \nA determination made under this section by the head of the Office of Whistleblower Awards, except the determination of the amount of an award if the award was made in accordance with the requirements of subsection (c)(2), may be appealed by the whistleblower subject to such determination to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the head of the Office of Whistleblower Awards. The court shall review the determination in accordance with section 706 of title 5, United States Code. (f) Whistleblower Award Fund \n(1) Establishment \nThere is established in the Department of the Treasury a revolving fund to be known as the Whistleblower Award Fund. (2) Use of fund \nAmounts in the Whistleblower Award Fund shall be available to head of the Office of Whistleblower Awards, without further appropriation or fiscal year limitation, for— (A) payment of awards made under this section; and (B) the necessary expenses for the operation of the Office of Whistleblower Awards. (3) Deposits \nNotwithstanding any other provision of law, if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action based, in whole or in part, on original information described in subsection (c)(1) that is provided to the head of the Office of Whistleblower Awards by a whistleblower, there shall be deposited into the Whistleblower Award Fund all amounts collected from such person by the Federal Government, including amounts collected as a result of a civil monetary penalty under subsection (g)— (A) for or pursuant to such conviction; or (B) under or pursuant to such settlement or plea agreement. (4) Remaining amounts \nThe Administrator shall deposit into the general fund of the Treasury any amounts in the Whistleblower Award Fund not used to pay whistleblowers under subsection (c) or the necessary expenses for the operation of the Office of Whistleblower Awards. (g) Civil monetary penalty \n(1) In general \nAny person who is finally convicted pursuant to a COVID loan action or who enters into a settlement or plea agreement with respect to a COVID loan action shall, in addition to any other penalties that may be prescribed by law, be subject to a civil monetary penalty, assessed by the Administrator, in an amount equal to 30 percent of the aggregate of the principal amounts of the loans with respect to which such person was so finally convicted or entered into such a settlement or plea agreement. (2) Collection \n(A) In general \nCivil money penalties and assessments imposed under this subsection may be compromised by the Adminstrator and may be recovered in a civil action in the name of the United States brought in United States district court for the district where the conduct serving as the basis for the relevant COVID loan action occurred or in United States district court for the district in which the person against whom the penalty or assessment has been assessed resides, as determined by the Administrator. (B) Withholdings \n(i) In general \nThe amount of a civil money penalty and assessment imposed under this subsection, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum then or later owing by the United States to the person against whom the penalty or assessment has been assessed. (ii) Treatment \nFor the purposes of awards under this section, amounts deducted under clause (i) shall be deposited into the Whistleblower Award Fund. (h) Report \nNot later than 12 months after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on— (1) the number of times whistleblowers submitted to the head of the Office of Whistleblower Awards original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator; (2) the amount of awards disbursed under this section; and (3) any legislative or administrative recommendations regarding the duties of the Office of Whistleblower Awards. (i) Rule of construction \nNothing in this section shall be construed to modify or interfere with any investigations carried out by the Inspector General or another Federal agency. (j) Sunset \n(1) In general \nExcept as provided by paragraph (2), the authority under this section shall terminate on the date that the last COVID loan action that was timely filed and either— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (2) Appeals \nNotwithstanding paragraph (1), the authority under this section shall continue with respect to a claim for an award under this section for which a determination is being appealed or is appealable under subsection (e) as of the date described in such paragraph until a determination for such award is no longer being appealed or appealable under subsection (e). (k) Definitions \nIn this section: (1) COVID loan action \nThe term COVID loan action means a criminal charge or civil enforcement action described in— (A) section 7(a)(36)(W); (B) section 7(a)(37)(P); (C) section 7(b)(17); (D) section 1110(e)(9) of the CARES Act ( 15 U.S.C. 9009(e)(9) ); or (E) section 331(i) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009b(i) ). (2) Final conviction; finally convicted \nThe terms final conviction and finally convicted mean, with respect to a person, that such person has been convicted of an offense and such conviction— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (3) Inspector General \nThe term Inspector General means the Inspector General of the Administration. (4) Original information \nThe term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Administrator or Inspector General from any source other than the whistleblower, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative action, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information; and (D) was provided to the Inspector General— (i) after the date of the enactment of this Act; or (ii) by a means other than a hotline for reporting fraud, waste, and abuse that is maintained by the Inspector General. (5) Whistleblower \nThe term whistleblower means an individual who submits information to the Office of Whistleblower Awards that such individual reasonably believes relates to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator.", "id": "H166F72865AD84ABFB8106DA955210754", "header": "Office of Whistleblower Awards", "nested": [ { "text": "(a) Establishment \nThere is established within the Office of Performance, Planning, and the Chief Financial Officer of the Administration an Office of Whistleblower Awards.", "id": "HCDF4B1708AB3408194939FE0AAB238B9", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Administration \nThe Office of Whistleblower Awards shall be administered by an employee in the competitive service.", "id": "HBCAF6F05000344DBAB81CD86107CDBCF", "header": "Administration", "nested": [], "links": [] }, { "text": "(c) Awards to whistleblowers \n(1) In general \nExcept as otherwise provided in this section, the head of the Office of Whistleblower Awards shall— (A) with respect to information submitted to head of the Office of Whistleblower Awards by whistleblowers relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator— (i) determine, in coordination with the Inspector General, whether such information is original information; and (ii) for all such information that is original information— (I) collect and transmit to the Inspector General such original information; and (II) track the use of such original information in obtaining final convictions and settlement and plea agreements; and (B) pay an award in an amount as described in paragraph (2) to a whistleblower for information described in subparagraph (A) that is original information submitted to head of the Office of Whistleblower Awards by such whistleblower if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on such original information, as determined by the Inspector General. (2) Amounts \nAny amount payable under this section shall be paid from the amounts deposited in the Whistleblower Award Fund established under subsection (f) based on a person finally convicted pursuant to, or a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on original information provided to the head of the Office of Whistleblower Awards by the whistleblower as follows: (A) 10 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a national of the United States or an entity located in the United States. (B) 15 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a foreign national or an entity located in a country other than the United States. (3) Multiple whistleblowers \n(A) In general \nIf a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on information described in paragraph (1)(A) that is original information from multiple whistleblowers, only the whistleblower who made the most substantial contribution with respect to such COVID loan action (including such conviction, settlement agreement, or plea agreement), as determined by the head of the Office of Whistleblower Awards, may receive an award under this section with respect to a conviction pursuant to, or a settlement or plea agreement with respect to, such COVID loan action. (B) Substantiality determination \nFor the purposes of determining which whistleblower made the most substantial contribution with respect to a COVID loan action under subparagraph (A), the head of the Office of Whistleblower Awards shall consider— (i) the significance of the original information of the whistleblower with respect to such COVID loan action; (ii) the role of the whistleblower and any legal representative of the whistleblower in contributing to such COVID loan action; and (iii) such other criteria as the head of the Office of Whistleblower Awards determines appropriate.", "id": "HC9BD214288EC4103B3579C2B9B8E51E6", "header": "Awards to whistleblowers", "nested": [], "links": [] }, { "text": "(d) Additional requirements \n(1) Reduction in award \nThe head of the Office of Whistleblower Awards may reduce to an amount greater than or equal to zero an award to a whistleblower under this section for original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator if the head of the Office of Whistleblower Awards determines that such whistleblower planned or initiated the actions that led to such to financial misconduct or fraudulent misrepresentation. (2) Criminal conviction \n(A) Denial \nA whistleblower who is finally convicted of an offense arising out of planning or initiating the actions that led to the to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator is ineligible for any award under this section with respect any conviction, settlement agreement, or plea agreement related to such financial misconduct or fraudulent misrepresentation. (B) Repayment \nAs a condition of receiving an award under this section, the whistleblower shall agree to repay the full amount of the award if the whistleblower is finally convicted of an offense relating to the original information that was the basis for receipt of such award. (3) No contract necessary \nA whistleblower shall not be required to be a party to a contract with the Administrator to be eligible to receive an award under this section. (4) Timing \nThe head of the Office of Whistleblower Awards shall disburse payments to a whistleblower under this section not later than one year after the date on which amounts have been deposited into the Whistleblower Award Fund based on a conviction pursuant to, or a settlement or plea agreeement entered into with respect to, a COVID loan action based, in whole or in part, on information described in subsection (c)(1)(A) that is original information provided by such whistleblower. (5) Status updates \nThe head of the Office of Whistleblower Awards shall— (A) provide confirmation of the receipt of information described in subsection (c)(1)(A) to the whistleblower that submitted such information; (B) provide to such whistleblower— (i) a notice of the determination whether such information is original information; and (ii) for such information that is original information, a notice of each determination by the Inspector General pursuant to a final conviction or settlement or plea agreement with respect to a COVID loan action whether such information was the basis, in whole or in part, of such COVID loan action; and (C) ensure that procedures consistent with section 1213 of title 5, United States Code, for findings on the disclosure and for the whistleblower to comment on any preliminary determinations. (6) Anti-retaliation \n(A) In general \nNo person may be discriminated against and no other prejudicial action may be taken against a person because such person has made, is perceived as about to make, or assisted or associated with a person who made or is about to make a disclosure under this section. (B) Relief \nAny person who alleges to discrimination or other prejudicial action in violation of subparagraph (A) may seek relief for a violation of such subparagraph pursuant to the rights, procedures, burdens of proof and remedies in paragraphs (2) through (5) of section 5323(g) of title 31, United States Code.", "id": "HF341771C06F349D09BA703BD440923C3", "header": "Additional requirements", "nested": [], "links": [] }, { "text": "(e) Appeals \nA determination made under this section by the head of the Office of Whistleblower Awards, except the determination of the amount of an award if the award was made in accordance with the requirements of subsection (c)(2), may be appealed by the whistleblower subject to such determination to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the head of the Office of Whistleblower Awards. The court shall review the determination in accordance with section 706 of title 5, United States Code.", "id": "H86F0268C60EE4ADC88B96711844DFC7D", "header": "Appeals", "nested": [], "links": [] }, { "text": "(f) Whistleblower Award Fund \n(1) Establishment \nThere is established in the Department of the Treasury a revolving fund to be known as the Whistleblower Award Fund. (2) Use of fund \nAmounts in the Whistleblower Award Fund shall be available to head of the Office of Whistleblower Awards, without further appropriation or fiscal year limitation, for— (A) payment of awards made under this section; and (B) the necessary expenses for the operation of the Office of Whistleblower Awards. (3) Deposits \nNotwithstanding any other provision of law, if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action based, in whole or in part, on original information described in subsection (c)(1) that is provided to the head of the Office of Whistleblower Awards by a whistleblower, there shall be deposited into the Whistleblower Award Fund all amounts collected from such person by the Federal Government, including amounts collected as a result of a civil monetary penalty under subsection (g)— (A) for or pursuant to such conviction; or (B) under or pursuant to such settlement or plea agreement. (4) Remaining amounts \nThe Administrator shall deposit into the general fund of the Treasury any amounts in the Whistleblower Award Fund not used to pay whistleblowers under subsection (c) or the necessary expenses for the operation of the Office of Whistleblower Awards.", "id": "H0A1A81F6796040FDA5D982D82B723CD4", "header": "Whistleblower Award Fund", "nested": [], "links": [] }, { "text": "(g) Civil monetary penalty \n(1) In general \nAny person who is finally convicted pursuant to a COVID loan action or who enters into a settlement or plea agreement with respect to a COVID loan action shall, in addition to any other penalties that may be prescribed by law, be subject to a civil monetary penalty, assessed by the Administrator, in an amount equal to 30 percent of the aggregate of the principal amounts of the loans with respect to which such person was so finally convicted or entered into such a settlement or plea agreement. (2) Collection \n(A) In general \nCivil money penalties and assessments imposed under this subsection may be compromised by the Adminstrator and may be recovered in a civil action in the name of the United States brought in United States district court for the district where the conduct serving as the basis for the relevant COVID loan action occurred or in United States district court for the district in which the person against whom the penalty or assessment has been assessed resides, as determined by the Administrator. (B) Withholdings \n(i) In general \nThe amount of a civil money penalty and assessment imposed under this subsection, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum then or later owing by the United States to the person against whom the penalty or assessment has been assessed. (ii) Treatment \nFor the purposes of awards under this section, amounts deducted under clause (i) shall be deposited into the Whistleblower Award Fund.", "id": "HBA5D2C056D3542D392EB714F69FEF13E", "header": "Civil monetary penalty", "nested": [], "links": [] }, { "text": "(h) Report \nNot later than 12 months after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on— (1) the number of times whistleblowers submitted to the head of the Office of Whistleblower Awards original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator; (2) the amount of awards disbursed under this section; and (3) any legislative or administrative recommendations regarding the duties of the Office of Whistleblower Awards.", "id": "HC600EB2EF23F4813B08DF449E36020A0", "header": "Report", "nested": [], "links": [] }, { "text": "(i) Rule of construction \nNothing in this section shall be construed to modify or interfere with any investigations carried out by the Inspector General or another Federal agency.", "id": "H158AA8548B0B4A7CADEC6B8A97235994", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(j) Sunset \n(1) In general \nExcept as provided by paragraph (2), the authority under this section shall terminate on the date that the last COVID loan action that was timely filed and either— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (2) Appeals \nNotwithstanding paragraph (1), the authority under this section shall continue with respect to a claim for an award under this section for which a determination is being appealed or is appealable under subsection (e) as of the date described in such paragraph until a determination for such award is no longer being appealed or appealable under subsection (e).", "id": "HAF12E63C84604C25BF81CB23A6AB713C", "header": "Sunset", "nested": [], "links": [] }, { "text": "(k) Definitions \nIn this section: (1) COVID loan action \nThe term COVID loan action means a criminal charge or civil enforcement action described in— (A) section 7(a)(36)(W); (B) section 7(a)(37)(P); (C) section 7(b)(17); (D) section 1110(e)(9) of the CARES Act ( 15 U.S.C. 9009(e)(9) ); or (E) section 331(i) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009b(i) ). (2) Final conviction; finally convicted \nThe terms final conviction and finally convicted mean, with respect to a person, that such person has been convicted of an offense and such conviction— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (3) Inspector General \nThe term Inspector General means the Inspector General of the Administration. (4) Original information \nThe term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Administrator or Inspector General from any source other than the whistleblower, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative action, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information; and (D) was provided to the Inspector General— (i) after the date of the enactment of this Act; or (ii) by a means other than a hotline for reporting fraud, waste, and abuse that is maintained by the Inspector General. (5) Whistleblower \nThe term whistleblower means an individual who submits information to the Office of Whistleblower Awards that such individual reasonably believes relates to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator.", "id": "H3E603D11EA5B4AAE9220924A92AC9DA6", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 9009(e)(9)", "legal-doc": "usc", "parsable-cite": "usc/15/9009" }, { "text": "15 U.S.C. 9009b(i)", "legal-doc": "usc", "parsable-cite": "usc/15/9009b" } ] } ], "links": [ { "text": "15 U.S.C. 9009(e)(9)", "legal-doc": "usc", "parsable-cite": "usc/15/9009" }, { "text": "15 U.S.C. 9009b(i)", "legal-doc": "usc", "parsable-cite": "usc/15/9009b" } ] }, { "text": "3. Rulemaking \n(a) In general \nNot later than six months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules necessary to carry out the requirements of section 49 of the Small Business Act, as added by this Act. (b) Contribution determination \n(1) In general \nNot later than three months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules providing that— (A) after the head of the Office of Whistleblower Awards transmits original information to the Inspector General of the Small Business Administration under subsection (c)(1)(A)(ii)(I) of section 49 of the Small Business Act, as added by section 2, and tracks such information through a final conviction or settlement or plea agreement with respect to a COVID loan action, the head of the Office of Whistleblower Awards shall request that the Inspector General indicate, for each piece of such original information, that— (i) such original information was the basis, in whole or in part, of such COVID loan action; (ii) such original information was not the basis, in whole or in part, of such COVID loan action; or (iii) whether such original information was the basis, in whole or in part, of such COVID loan action may not be disclosed; (B) if the Inspector General indicates that whether a piece of original information was the basis, in whole or in part, of a COVID loan action may not be disclosed, such original information shall be deemed to have not been the basis, in whole or in part, of such COVID loan action. (2) COVID loan action; final conviction; original information defined \nIn this subsection, the terms COVID loan action , final conviction , and original information have the meanings given such terms in subsection (k) of section 49 of the Small Business Act, as added by section 2.", "id": "H9454694E9925423995F05E015F2E3527", "header": "Rulemaking", "nested": [ { "text": "(a) In general \nNot later than six months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules necessary to carry out the requirements of section 49 of the Small Business Act, as added by this Act.", "id": "H041817DA38E144F192142D70FF854DA5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contribution determination \n(1) In general \nNot later than three months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules providing that— (A) after the head of the Office of Whistleblower Awards transmits original information to the Inspector General of the Small Business Administration under subsection (c)(1)(A)(ii)(I) of section 49 of the Small Business Act, as added by section 2, and tracks such information through a final conviction or settlement or plea agreement with respect to a COVID loan action, the head of the Office of Whistleblower Awards shall request that the Inspector General indicate, for each piece of such original information, that— (i) such original information was the basis, in whole or in part, of such COVID loan action; (ii) such original information was not the basis, in whole or in part, of such COVID loan action; or (iii) whether such original information was the basis, in whole or in part, of such COVID loan action may not be disclosed; (B) if the Inspector General indicates that whether a piece of original information was the basis, in whole or in part, of a COVID loan action may not be disclosed, such original information shall be deemed to have not been the basis, in whole or in part, of such COVID loan action. (2) COVID loan action; final conviction; original information defined \nIn this subsection, the terms COVID loan action , final conviction , and original information have the meanings given such terms in subsection (k) of section 49 of the Small Business Act, as added by section 2.", "id": "H635135044DF54520B55AF6A29AE0664F", "header": "Contribution determination", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Put America on Commission Act of 2024. 2. Establishment of the Office of Whistleblower Awards The Small Business Act ( 15 U.S.C. 631 et seq. ) is amended— (1) in section 7(b), by redesignating the second paragraph (16) (relating to statute of limitations) as paragraph (17); (2) by redesignating section 49 as section 50; and (3) by inserting after section 48 the following new section: 49. Office of Whistleblower Awards (a) Establishment There is established within the Office of Performance, Planning, and the Chief Financial Officer of the Administration an Office of Whistleblower Awards. (b) Administration The Office of Whistleblower Awards shall be administered by an employee in the competitive service. (c) Awards to whistleblowers (1) In general Except as otherwise provided in this section, the head of the Office of Whistleblower Awards shall— (A) with respect to information submitted to head of the Office of Whistleblower Awards by whistleblowers relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator— (i) determine, in coordination with the Inspector General, whether such information is original information; and (ii) for all such information that is original information— (I) collect and transmit to the Inspector General such original information; and (II) track the use of such original information in obtaining final convictions and settlement and plea agreements; and (B) pay an award in an amount as described in paragraph (2) to a whistleblower for information described in subparagraph (A) that is original information submitted to head of the Office of Whistleblower Awards by such whistleblower if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on such original information, as determined by the Inspector General. (2) Amounts Any amount payable under this section shall be paid from the amounts deposited in the Whistleblower Award Fund established under subsection (f) based on a person finally convicted pursuant to, or a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on original information provided to the head of the Office of Whistleblower Awards by the whistleblower as follows: (A) 10 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a national of the United States or an entity located in the United States. (B) 15 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a foreign national or an entity located in a country other than the United States. (3) Multiple whistleblowers (A) In general If a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on information described in paragraph (1)(A) that is original information from multiple whistleblowers, only the whistleblower who made the most substantial contribution with respect to such COVID loan action (including such conviction, settlement agreement, or plea agreement), as determined by the head of the Office of Whistleblower Awards, may receive an award under this section with respect to a conviction pursuant to, or a settlement or plea agreement with respect to, such COVID loan action. (B) Substantiality determination For the purposes of determining which whistleblower made the most substantial contribution with respect to a COVID loan action under subparagraph (A), the head of the Office of Whistleblower Awards shall consider— (i) the significance of the original information of the whistleblower with respect to such COVID loan action; (ii) the role of the whistleblower and any legal representative of the whistleblower in contributing to such COVID loan action; and (iii) such other criteria as the head of the Office of Whistleblower Awards determines appropriate. (d) Additional requirements (1) Reduction in award The head of the Office of Whistleblower Awards may reduce to an amount greater than or equal to zero an award to a whistleblower under this section for original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator if the head of the Office of Whistleblower Awards determines that such whistleblower planned or initiated the actions that led to such to financial misconduct or fraudulent misrepresentation. (2) Criminal conviction (A) Denial A whistleblower who is finally convicted of an offense arising out of planning or initiating the actions that led to the to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator is ineligible for any award under this section with respect any conviction, settlement agreement, or plea agreement related to such financial misconduct or fraudulent misrepresentation. (B) Repayment As a condition of receiving an award under this section, the whistleblower shall agree to repay the full amount of the award if the whistleblower is finally convicted of an offense relating to the original information that was the basis for receipt of such award. (3) No contract necessary A whistleblower shall not be required to be a party to a contract with the Administrator to be eligible to receive an award under this section. (4) Timing The head of the Office of Whistleblower Awards shall disburse payments to a whistleblower under this section not later than one year after the date on which amounts have been deposited into the Whistleblower Award Fund based on a conviction pursuant to, or a settlement or plea agreeement entered into with respect to, a COVID loan action based, in whole or in part, on information described in subsection (c)(1)(A) that is original information provided by such whistleblower. (5) Status updates The head of the Office of Whistleblower Awards shall— (A) provide confirmation of the receipt of information described in subsection (c)(1)(A) to the whistleblower that submitted such information; (B) provide to such whistleblower— (i) a notice of the determination whether such information is original information; and (ii) for such information that is original information, a notice of each determination by the Inspector General pursuant to a final conviction or settlement or plea agreement with respect to a COVID loan action whether such information was the basis, in whole or in part, of such COVID loan action; and (C) ensure that procedures consistent with section 1213 of title 5, United States Code, for findings on the disclosure and for the whistleblower to comment on any preliminary determinations. (6) Anti-retaliation (A) In general No person may be discriminated against and no other prejudicial action may be taken against a person because such person has made, is perceived as about to make, or assisted or associated with a person who made or is about to make a disclosure under this section. (B) Relief Any person who alleges to discrimination or other prejudicial action in violation of subparagraph (A) may seek relief for a violation of such subparagraph pursuant to the rights, procedures, burdens of proof and remedies in paragraphs (2) through (5) of section 5323(g) of title 31, United States Code. (e) Appeals A determination made under this section by the head of the Office of Whistleblower Awards, except the determination of the amount of an award if the award was made in accordance with the requirements of subsection (c)(2), may be appealed by the whistleblower subject to such determination to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the head of the Office of Whistleblower Awards. The court shall review the determination in accordance with section 706 of title 5, United States Code. (f) Whistleblower Award Fund (1) Establishment There is established in the Department of the Treasury a revolving fund to be known as the Whistleblower Award Fund. (2) Use of fund Amounts in the Whistleblower Award Fund shall be available to head of the Office of Whistleblower Awards, without further appropriation or fiscal year limitation, for— (A) payment of awards made under this section; and (B) the necessary expenses for the operation of the Office of Whistleblower Awards. (3) Deposits Notwithstanding any other provision of law, if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action based, in whole or in part, on original information described in subsection (c)(1) that is provided to the head of the Office of Whistleblower Awards by a whistleblower, there shall be deposited into the Whistleblower Award Fund all amounts collected from such person by the Federal Government, including amounts collected as a result of a civil monetary penalty under subsection (g)— (A) for or pursuant to such conviction; or (B) under or pursuant to such settlement or plea agreement. (4) Remaining amounts The Administrator shall deposit into the general fund of the Treasury any amounts in the Whistleblower Award Fund not used to pay whistleblowers under subsection (c) or the necessary expenses for the operation of the Office of Whistleblower Awards. (g) Civil monetary penalty (1) In general Any person who is finally convicted pursuant to a COVID loan action or who enters into a settlement or plea agreement with respect to a COVID loan action shall, in addition to any other penalties that may be prescribed by law, be subject to a civil monetary penalty, assessed by the Administrator, in an amount equal to 30 percent of the aggregate of the principal amounts of the loans with respect to which such person was so finally convicted or entered into such a settlement or plea agreement. (2) Collection (A) In general Civil money penalties and assessments imposed under this subsection may be compromised by the Adminstrator and may be recovered in a civil action in the name of the United States brought in United States district court for the district where the conduct serving as the basis for the relevant COVID loan action occurred or in United States district court for the district in which the person against whom the penalty or assessment has been assessed resides, as determined by the Administrator. (B) Withholdings (i) In general The amount of a civil money penalty and assessment imposed under this subsection, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum then or later owing by the United States to the person against whom the penalty or assessment has been assessed. (ii) Treatment For the purposes of awards under this section, amounts deducted under clause (i) shall be deposited into the Whistleblower Award Fund. (h) Report Not later than 12 months after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on— (1) the number of times whistleblowers submitted to the head of the Office of Whistleblower Awards original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator; (2) the amount of awards disbursed under this section; and (3) any legislative or administrative recommendations regarding the duties of the Office of Whistleblower Awards. (i) Rule of construction Nothing in this section shall be construed to modify or interfere with any investigations carried out by the Inspector General or another Federal agency. (j) Sunset (1) In general Except as provided by paragraph (2), the authority under this section shall terminate on the date that the last COVID loan action that was timely filed and either— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (2) Appeals Notwithstanding paragraph (1), the authority under this section shall continue with respect to a claim for an award under this section for which a determination is being appealed or is appealable under subsection (e) as of the date described in such paragraph until a determination for such award is no longer being appealed or appealable under subsection (e). (k) Definitions In this section: (1) COVID loan action The term COVID loan action means a criminal charge or civil enforcement action described in— (A) section 7(a)(36)(W); (B) section 7(a)(37)(P); (C) section 7(b)(17); (D) section 1110(e)(9) of the CARES Act ( 15 U.S.C. 9009(e)(9) ); or (E) section 331(i) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009b(i) ). (2) Final conviction; finally convicted The terms final conviction and finally convicted mean, with respect to a person, that such person has been convicted of an offense and such conviction— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (3) Inspector General The term Inspector General means the Inspector General of the Administration. (4) Original information The term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Administrator or Inspector General from any source other than the whistleblower, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative action, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information; and (D) was provided to the Inspector General— (i) after the date of the enactment of this Act; or (ii) by a means other than a hotline for reporting fraud, waste, and abuse that is maintained by the Inspector General. (5) Whistleblower The term whistleblower means an individual who submits information to the Office of Whistleblower Awards that such individual reasonably believes relates to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator.. 49. Office of Whistleblower Awards (a) Establishment There is established within the Office of Performance, Planning, and the Chief Financial Officer of the Administration an Office of Whistleblower Awards. (b) Administration The Office of Whistleblower Awards shall be administered by an employee in the competitive service. (c) Awards to whistleblowers (1) In general Except as otherwise provided in this section, the head of the Office of Whistleblower Awards shall— (A) with respect to information submitted to head of the Office of Whistleblower Awards by whistleblowers relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator— (i) determine, in coordination with the Inspector General, whether such information is original information; and (ii) for all such information that is original information— (I) collect and transmit to the Inspector General such original information; and (II) track the use of such original information in obtaining final convictions and settlement and plea agreements; and (B) pay an award in an amount as described in paragraph (2) to a whistleblower for information described in subparagraph (A) that is original information submitted to head of the Office of Whistleblower Awards by such whistleblower if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on such original information, as determined by the Inspector General. (2) Amounts Any amount payable under this section shall be paid from the amounts deposited in the Whistleblower Award Fund established under subsection (f) based on a person finally convicted pursuant to, or a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on original information provided to the head of the Office of Whistleblower Awards by the whistleblower as follows: (A) 10 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a national of the United States or an entity located in the United States. (B) 15 percent of the amounts so deposited if the person so convicted or who entered into such settlement or plea agreement, as applicable, is a foreign national or an entity located in a country other than the United States. (3) Multiple whistleblowers (A) In general If a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action that is based, in whole or in part, on information described in paragraph (1)(A) that is original information from multiple whistleblowers, only the whistleblower who made the most substantial contribution with respect to such COVID loan action (including such conviction, settlement agreement, or plea agreement), as determined by the head of the Office of Whistleblower Awards, may receive an award under this section with respect to a conviction pursuant to, or a settlement or plea agreement with respect to, such COVID loan action. (B) Substantiality determination For the purposes of determining which whistleblower made the most substantial contribution with respect to a COVID loan action under subparagraph (A), the head of the Office of Whistleblower Awards shall consider— (i) the significance of the original information of the whistleblower with respect to such COVID loan action; (ii) the role of the whistleblower and any legal representative of the whistleblower in contributing to such COVID loan action; and (iii) such other criteria as the head of the Office of Whistleblower Awards determines appropriate. (d) Additional requirements (1) Reduction in award The head of the Office of Whistleblower Awards may reduce to an amount greater than or equal to zero an award to a whistleblower under this section for original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator if the head of the Office of Whistleblower Awards determines that such whistleblower planned or initiated the actions that led to such to financial misconduct or fraudulent misrepresentation. (2) Criminal conviction (A) Denial A whistleblower who is finally convicted of an offense arising out of planning or initiating the actions that led to the to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator is ineligible for any award under this section with respect any conviction, settlement agreement, or plea agreement related to such financial misconduct or fraudulent misrepresentation. (B) Repayment As a condition of receiving an award under this section, the whistleblower shall agree to repay the full amount of the award if the whistleblower is finally convicted of an offense relating to the original information that was the basis for receipt of such award. (3) No contract necessary A whistleblower shall not be required to be a party to a contract with the Administrator to be eligible to receive an award under this section. (4) Timing The head of the Office of Whistleblower Awards shall disburse payments to a whistleblower under this section not later than one year after the date on which amounts have been deposited into the Whistleblower Award Fund based on a conviction pursuant to, or a settlement or plea agreeement entered into with respect to, a COVID loan action based, in whole or in part, on information described in subsection (c)(1)(A) that is original information provided by such whistleblower. (5) Status updates The head of the Office of Whistleblower Awards shall— (A) provide confirmation of the receipt of information described in subsection (c)(1)(A) to the whistleblower that submitted such information; (B) provide to such whistleblower— (i) a notice of the determination whether such information is original information; and (ii) for such information that is original information, a notice of each determination by the Inspector General pursuant to a final conviction or settlement or plea agreement with respect to a COVID loan action whether such information was the basis, in whole or in part, of such COVID loan action; and (C) ensure that procedures consistent with section 1213 of title 5, United States Code, for findings on the disclosure and for the whistleblower to comment on any preliminary determinations. (6) Anti-retaliation (A) In general No person may be discriminated against and no other prejudicial action may be taken against a person because such person has made, is perceived as about to make, or assisted or associated with a person who made or is about to make a disclosure under this section. (B) Relief Any person who alleges to discrimination or other prejudicial action in violation of subparagraph (A) may seek relief for a violation of such subparagraph pursuant to the rights, procedures, burdens of proof and remedies in paragraphs (2) through (5) of section 5323(g) of title 31, United States Code. (e) Appeals A determination made under this section by the head of the Office of Whistleblower Awards, except the determination of the amount of an award if the award was made in accordance with the requirements of subsection (c)(2), may be appealed by the whistleblower subject to such determination to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the head of the Office of Whistleblower Awards. The court shall review the determination in accordance with section 706 of title 5, United States Code. (f) Whistleblower Award Fund (1) Establishment There is established in the Department of the Treasury a revolving fund to be known as the Whistleblower Award Fund. (2) Use of fund Amounts in the Whistleblower Award Fund shall be available to head of the Office of Whistleblower Awards, without further appropriation or fiscal year limitation, for— (A) payment of awards made under this section; and (B) the necessary expenses for the operation of the Office of Whistleblower Awards. (3) Deposits Notwithstanding any other provision of law, if a person is finally convicted pursuant to, or enters into a settlement or plea agreement with respect to, a COVID loan action based, in whole or in part, on original information described in subsection (c)(1) that is provided to the head of the Office of Whistleblower Awards by a whistleblower, there shall be deposited into the Whistleblower Award Fund all amounts collected from such person by the Federal Government, including amounts collected as a result of a civil monetary penalty under subsection (g)— (A) for or pursuant to such conviction; or (B) under or pursuant to such settlement or plea agreement. (4) Remaining amounts The Administrator shall deposit into the general fund of the Treasury any amounts in the Whistleblower Award Fund not used to pay whistleblowers under subsection (c) or the necessary expenses for the operation of the Office of Whistleblower Awards. (g) Civil monetary penalty (1) In general Any person who is finally convicted pursuant to a COVID loan action or who enters into a settlement or plea agreement with respect to a COVID loan action shall, in addition to any other penalties that may be prescribed by law, be subject to a civil monetary penalty, assessed by the Administrator, in an amount equal to 30 percent of the aggregate of the principal amounts of the loans with respect to which such person was so finally convicted or entered into such a settlement or plea agreement. (2) Collection (A) In general Civil money penalties and assessments imposed under this subsection may be compromised by the Adminstrator and may be recovered in a civil action in the name of the United States brought in United States district court for the district where the conduct serving as the basis for the relevant COVID loan action occurred or in United States district court for the district in which the person against whom the penalty or assessment has been assessed resides, as determined by the Administrator. (B) Withholdings (i) In general The amount of a civil money penalty and assessment imposed under this subsection, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum then or later owing by the United States to the person against whom the penalty or assessment has been assessed. (ii) Treatment For the purposes of awards under this section, amounts deducted under clause (i) shall be deposited into the Whistleblower Award Fund. (h) Report Not later than 12 months after the date of the enactment of this section, and annually thereafter, the Administrator shall submit to Congress a report on— (1) the number of times whistleblowers submitted to the head of the Office of Whistleblower Awards original information relating to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator; (2) the amount of awards disbursed under this section; and (3) any legislative or administrative recommendations regarding the duties of the Office of Whistleblower Awards. (i) Rule of construction Nothing in this section shall be construed to modify or interfere with any investigations carried out by the Inspector General or another Federal agency. (j) Sunset (1) In general Except as provided by paragraph (2), the authority under this section shall terminate on the date that the last COVID loan action that was timely filed and either— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (2) Appeals Notwithstanding paragraph (1), the authority under this section shall continue with respect to a claim for an award under this section for which a determination is being appealed or is appealable under subsection (e) as of the date described in such paragraph until a determination for such award is no longer being appealed or appealable under subsection (e). (k) Definitions In this section: (1) COVID loan action The term COVID loan action means a criminal charge or civil enforcement action described in— (A) section 7(a)(36)(W); (B) section 7(a)(37)(P); (C) section 7(b)(17); (D) section 1110(e)(9) of the CARES Act ( 15 U.S.C. 9009(e)(9) ); or (E) section 331(i) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act ( 15 U.S.C. 9009b(i) ). (2) Final conviction; finally convicted The terms final conviction and finally convicted mean, with respect to a person, that such person has been convicted of an offense and such conviction— (A) has not been appealed and is no longer appealable because the time for taking an appeal has expired; or (B) has been appealed and the appeals process for such conviction is completed. (3) Inspector General The term Inspector General means the Inspector General of the Administration. (4) Original information The term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Administrator or Inspector General from any source other than the whistleblower, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative action, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information; and (D) was provided to the Inspector General— (i) after the date of the enactment of this Act; or (ii) by a means other than a hotline for reporting fraud, waste, and abuse that is maintained by the Inspector General. (5) Whistleblower The term whistleblower means an individual who submits information to the Office of Whistleblower Awards that such individual reasonably believes relates to financial misconduct or fraudulent misrepresentation by a recipient of financial assistance from the Administrator. 3. Rulemaking (a) In general Not later than six months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules necessary to carry out the requirements of section 49 of the Small Business Act, as added by this Act. (b) Contribution determination (1) In general Not later than three months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue rules providing that— (A) after the head of the Office of Whistleblower Awards transmits original information to the Inspector General of the Small Business Administration under subsection (c)(1)(A)(ii)(I) of section 49 of the Small Business Act, as added by section 2, and tracks such information through a final conviction or settlement or plea agreement with respect to a COVID loan action, the head of the Office of Whistleblower Awards shall request that the Inspector General indicate, for each piece of such original information, that— (i) such original information was the basis, in whole or in part, of such COVID loan action; (ii) such original information was not the basis, in whole or in part, of such COVID loan action; or (iii) whether such original information was the basis, in whole or in part, of such COVID loan action may not be disclosed; (B) if the Inspector General indicates that whether a piece of original information was the basis, in whole or in part, of a COVID loan action may not be disclosed, such original information shall be deemed to have not been the basis, in whole or in part, of such COVID loan action. (2) COVID loan action; final conviction; original information defined In this subsection, the terms COVID loan action , final conviction , and original information have the meanings given such terms in subsection (k) of section 49 of the Small Business Act, as added by section 2.
30,641
[ "Small Business Committee" ]
118hr7885ih
118
hr
7,885
ih
To amend the Workforce Innovation and Opportunity Act to create a pilot program to award grants to units of general local government and community-based organizations to create jobs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Jobs Now Act of 2024.", "id": "HFF25543FCE1B45D98B2860D9CA0ECB2C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Grants to units of general local government \n(a) Pilot program \nSubtitle D of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 et seq. ) is amended by adding at the end the following: 173. Pilot program \n(a) Program authorized \nNotwithstanding section 181(e), from the amounts appropriated under subsection (h) , the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government. (b) Unit of general local government defined \nFor purposes of this section, the term unit of general local government means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers. (c) Uses of funds \n(1) Required uses \n(A) In general \nSubject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to— (i) in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and (ii) in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts. (B) Exception \nIn a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose. (2) Authorized uses \nAfter using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to— (A) in the case of a unit of general local government— (i) employ individuals in new positions providing a public service for the unit; or (ii) train individuals for new public service positions for the unit; and (B) in the case of a community-based organization— (i) employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or (ii) train individuals for any such positions. (d) Priority for certain individuals \nThe Secretary shall encourage each unit of general local government and each community-based organization receiving a grant under this section to use such grant funds to retain, employ, or train— (1) veterans; (2) individuals with disabilities; (3) individuals who are receiving unemployment benefits; or (4) dislocated workers. (e) Priority for certain units and organizations \n(1) Units \nIn awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (2) Organizations \nIn awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (f) Application \nEach unit of general local government or community-based organization desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (g) Report \nNot later than 2 years after the first appropriation of funds under subsection (h) , the Secretary shall submit to Congress, a report on— (1) the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and (2) best practices in carrying out a grant program to hire, train, or retain employees of units of general local government. (h) Authorization of appropriations \nThere are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2025 and 2026.. (b) Conforming amendment \nThe table of contents in section 1(b) of the Workforce Innovation and Opportunity Act is amended by inserting after the item relating to section 172 the following: Sec. 173. Pilot program..", "id": "H023A4B58DA05478DA07BD09F1AF6B7AE", "header": "Grants to units of general local government", "nested": [ { "text": "(a) Pilot program \nSubtitle D of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 et seq. ) is amended by adding at the end the following: 173. Pilot program \n(a) Program authorized \nNotwithstanding section 181(e), from the amounts appropriated under subsection (h) , the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government. (b) Unit of general local government defined \nFor purposes of this section, the term unit of general local government means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers. (c) Uses of funds \n(1) Required uses \n(A) In general \nSubject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to— (i) in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and (ii) in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts. (B) Exception \nIn a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose. (2) Authorized uses \nAfter using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to— (A) in the case of a unit of general local government— (i) employ individuals in new positions providing a public service for the unit; or (ii) train individuals for new public service positions for the unit; and (B) in the case of a community-based organization— (i) employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or (ii) train individuals for any such positions. (d) Priority for certain individuals \nThe Secretary shall encourage each unit of general local government and each community-based organization receiving a grant under this section to use such grant funds to retain, employ, or train— (1) veterans; (2) individuals with disabilities; (3) individuals who are receiving unemployment benefits; or (4) dislocated workers. (e) Priority for certain units and organizations \n(1) Units \nIn awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (2) Organizations \nIn awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (f) Application \nEach unit of general local government or community-based organization desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (g) Report \nNot later than 2 years after the first appropriation of funds under subsection (h) , the Secretary shall submit to Congress, a report on— (1) the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and (2) best practices in carrying out a grant program to hire, train, or retain employees of units of general local government. (h) Authorization of appropriations \nThere are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2025 and 2026..", "id": "H51EFE6DEFA3C48FA8339A1F75C022077", "header": "Pilot program", "nested": [], "links": [ { "text": "29 U.S.C. 3221 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3221" } ] }, { "text": "(b) Conforming amendment \nThe table of contents in section 1(b) of the Workforce Innovation and Opportunity Act is amended by inserting after the item relating to section 172 the following: Sec. 173. Pilot program..", "id": "H389A0C72089745EF94E1ECB9685CC5A3", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 3221 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3221" } ] }, { "text": "173. Pilot program \n(a) Program authorized \nNotwithstanding section 181(e), from the amounts appropriated under subsection (h) , the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government. (b) Unit of general local government defined \nFor purposes of this section, the term unit of general local government means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers. (c) Uses of funds \n(1) Required uses \n(A) In general \nSubject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to— (i) in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and (ii) in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts. (B) Exception \nIn a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose. (2) Authorized uses \nAfter using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to— (A) in the case of a unit of general local government— (i) employ individuals in new positions providing a public service for the unit; or (ii) train individuals for new public service positions for the unit; and (B) in the case of a community-based organization— (i) employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or (ii) train individuals for any such positions. (d) Priority for certain individuals \nThe Secretary shall encourage each unit of general local government and each community-based organization receiving a grant under this section to use such grant funds to retain, employ, or train— (1) veterans; (2) individuals with disabilities; (3) individuals who are receiving unemployment benefits; or (4) dislocated workers. (e) Priority for certain units and organizations \n(1) Units \nIn awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (2) Organizations \nIn awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (f) Application \nEach unit of general local government or community-based organization desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (g) Report \nNot later than 2 years after the first appropriation of funds under subsection (h) , the Secretary shall submit to Congress, a report on— (1) the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and (2) best practices in carrying out a grant program to hire, train, or retain employees of units of general local government. (h) Authorization of appropriations \nThere are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2025 and 2026.", "id": "HAC2FDAAF634341D985C7D3AEA6E4B90C", "header": "Pilot program", "nested": [ { "text": "(a) Program authorized \nNotwithstanding section 181(e), from the amounts appropriated under subsection (h) , the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government.", "id": "H85792C0B9C524EE0AF53B58F92FD0003", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(b) Unit of general local government defined \nFor purposes of this section, the term unit of general local government means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers.", "id": "H6BAEE2F624F9443787B531AA21D8E766", "header": "Unit of general local government defined", "nested": [], "links": [] }, { "text": "(c) Uses of funds \n(1) Required uses \n(A) In general \nSubject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to— (i) in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and (ii) in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts. (B) Exception \nIn a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose. (2) Authorized uses \nAfter using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to— (A) in the case of a unit of general local government— (i) employ individuals in new positions providing a public service for the unit; or (ii) train individuals for new public service positions for the unit; and (B) in the case of a community-based organization— (i) employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or (ii) train individuals for any such positions.", "id": "HAA1F00FA5EED46B88480525850C9BFD9", "header": "Uses of funds", "nested": [], "links": [] }, { "text": "(d) Priority for certain individuals \nThe Secretary shall encourage each unit of general local government and each community-based organization receiving a grant under this section to use such grant funds to retain, employ, or train— (1) veterans; (2) individuals with disabilities; (3) individuals who are receiving unemployment benefits; or (4) dislocated workers.", "id": "H765059ECFFDE430FB500C6D686B69A42", "header": "Priority for certain individuals", "nested": [], "links": [] }, { "text": "(e) Priority for certain units and organizations \n(1) Units \nIn awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (2) Organizations \nIn awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section.", "id": "H1194A438C5AF4C98830708DBEE311331", "header": "Priority for certain units and organizations", "nested": [], "links": [] }, { "text": "(f) Application \nEach unit of general local government or community-based organization desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.", "id": "HC79A7FEDEE2346849827D92F0E065231", "header": "Application", "nested": [], "links": [] }, { "text": "(g) Report \nNot later than 2 years after the first appropriation of funds under subsection (h) , the Secretary shall submit to Congress, a report on— (1) the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and (2) best practices in carrying out a grant program to hire, train, or retain employees of units of general local government.", "id": "H65ACEC95F24D4380AD456267D9EC9DDA", "header": "Report", "nested": [], "links": [] }, { "text": "(h) Authorization of appropriations \nThere are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2025 and 2026.", "id": "H0BF02CF2F37C4544AC99969D1912CE92", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Jobs Now Act of 2024. 2. Grants to units of general local government (a) Pilot program Subtitle D of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 et seq. ) is amended by adding at the end the following: 173. Pilot program (a) Program authorized Notwithstanding section 181(e), from the amounts appropriated under subsection (h) , the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government. (b) Unit of general local government defined For purposes of this section, the term unit of general local government means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers. (c) Uses of funds (1) Required uses (A) In general Subject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to— (i) in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and (ii) in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts. (B) Exception In a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose. (2) Authorized uses After using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to— (A) in the case of a unit of general local government— (i) employ individuals in new positions providing a public service for the unit; or (ii) train individuals for new public service positions for the unit; and (B) in the case of a community-based organization— (i) employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or (ii) train individuals for any such positions. (d) Priority for certain individuals The Secretary shall encourage each unit of general local government and each community-based organization receiving a grant under this section to use such grant funds to retain, employ, or train— (1) veterans; (2) individuals with disabilities; (3) individuals who are receiving unemployment benefits; or (4) dislocated workers. (e) Priority for certain units and organizations (1) Units In awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (2) Organizations In awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (f) Application Each unit of general local government or community-based organization desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (g) Report Not later than 2 years after the first appropriation of funds under subsection (h) , the Secretary shall submit to Congress, a report on— (1) the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and (2) best practices in carrying out a grant program to hire, train, or retain employees of units of general local government. (h) Authorization of appropriations There are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2025 and 2026.. (b) Conforming amendment The table of contents in section 1(b) of the Workforce Innovation and Opportunity Act is amended by inserting after the item relating to section 172 the following: Sec. 173. Pilot program.. 173. Pilot program (a) Program authorized Notwithstanding section 181(e), from the amounts appropriated under subsection (h) , the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government. (b) Unit of general local government defined For purposes of this section, the term unit of general local government means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers. (c) Uses of funds (1) Required uses (A) In general Subject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to— (i) in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and (ii) in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts. (B) Exception In a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose. (2) Authorized uses After using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to— (A) in the case of a unit of general local government— (i) employ individuals in new positions providing a public service for the unit; or (ii) train individuals for new public service positions for the unit; and (B) in the case of a community-based organization— (i) employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or (ii) train individuals for any such positions. (d) Priority for certain individuals The Secretary shall encourage each unit of general local government and each community-based organization receiving a grant under this section to use such grant funds to retain, employ, or train— (1) veterans; (2) individuals with disabilities; (3) individuals who are receiving unemployment benefits; or (4) dislocated workers. (e) Priority for certain units and organizations (1) Units In awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (2) Organizations In awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section. (f) Application Each unit of general local government or community-based organization desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (g) Report Not later than 2 years after the first appropriation of funds under subsection (h) , the Secretary shall submit to Congress, a report on— (1) the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and (2) best practices in carrying out a grant program to hire, train, or retain employees of units of general local government. (h) Authorization of appropriations There are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2025 and 2026.
9,576
[ "Education and the Workforce Committee" ]
118hr2839enr
118
hr
2,839
enr
To amend the Siletz Reservation Act to address the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians, and for other purposes.
[ { "text": "1. Siletz Reservation Act amendment \nSection 4 of Public Law 96–340 (commonly known as the Siletz Reservation Act ) (94 Stat. 1074) is amended to read as follows: 4. Hunting, fishing, trapping, and animal gathering \n(a) Definitions \nIn this section: (1) Consent decree \nThe term Consent Decree means the final judgment and decree of the United States District Court for the District of Oregon, in the action entitled Confederated Tribes of Siletz Indians of Oregon against State of Oregon , entered on May 2, 1980. (2) Indian Tribe \nThe 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 ). (3) Siletz Agreement \nThe term Siletz Agreement means the agreement entitled Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members and entered into by the United States on April 22, 1980. (b) Hunting, fishing, trapping, and animal gathering agreements \n(1) In general \nThe Siletz Agreement shall remain in effect until and unless replaced, amended, or otherwise modified by 1 or more successor government-to-government agreements between the Confederated Tribes of Siletz Indians and the State of Oregon relating to the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians. (2) Amendments \nThe Siletz Agreement or any successor agreement entered into under paragraph (1) may be amended from time to time by mutual consent of the Confederated Tribes of Siletz Indians and the State of Oregon. (3) Contents of new agreement or amendments \nThe Siletz Agreement or any successor agreement entered into under paragraph (1) shall not provide for exclusive or primary Siletz take opportunity outside the exterior boundaries of the 1855 Executive Order Siletz Coast Reservation (as described in section 7(f)(1)(A) of the Siletz Tribe Indian Restoration Act ( Public Law 95–195 ; 91 Stat. 1418; 130 Stat. 1364)) relative to any other federally recognized Indian Tribe, and shall not provide for new or expanded take of fishery resources in the Columbia River or in the Willamette River from its mouth to the top of Willamette Falls. (c) Judicial review \nIn any action brought in the United States District Court for the District of Oregon to rescind, overturn, modify, or provide relief under Federal law from the Consent Decree, the United States District Court for the District of Oregon shall review the application of the parties on the merits without regard to the defense of res judicata or collateral estoppel. (d) Effect \nNothing in this section enlarges, confirms, adjudicates, affects, or modifies any treaty or other right of an Indian Tribe..", "id": "H76CC3BE6CFD04476AE9C20ED513DE60D", "header": "Siletz Reservation Act amendment", "nested": [], "links": [ { "text": "Public Law 96–340", "legal-doc": "public-law", "parsable-cite": "pl/96/340" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "Public Law 95–195", "legal-doc": "public-law", "parsable-cite": "pl/95/195" } ] }, { "text": "4. Hunting, fishing, trapping, and animal gathering \n(a) Definitions \nIn this section: (1) Consent decree \nThe term Consent Decree means the final judgment and decree of the United States District Court for the District of Oregon, in the action entitled Confederated Tribes of Siletz Indians of Oregon against State of Oregon , entered on May 2, 1980. (2) Indian Tribe \nThe 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 ). (3) Siletz Agreement \nThe term Siletz Agreement means the agreement entitled Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members and entered into by the United States on April 22, 1980. (b) Hunting, fishing, trapping, and animal gathering agreements \n(1) In general \nThe Siletz Agreement shall remain in effect until and unless replaced, amended, or otherwise modified by 1 or more successor government-to-government agreements between the Confederated Tribes of Siletz Indians and the State of Oregon relating to the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians. (2) Amendments \nThe Siletz Agreement or any successor agreement entered into under paragraph (1) may be amended from time to time by mutual consent of the Confederated Tribes of Siletz Indians and the State of Oregon. (3) Contents of new agreement or amendments \nThe Siletz Agreement or any successor agreement entered into under paragraph (1) shall not provide for exclusive or primary Siletz take opportunity outside the exterior boundaries of the 1855 Executive Order Siletz Coast Reservation (as described in section 7(f)(1)(A) of the Siletz Tribe Indian Restoration Act ( Public Law 95–195 ; 91 Stat. 1418; 130 Stat. 1364)) relative to any other federally recognized Indian Tribe, and shall not provide for new or expanded take of fishery resources in the Columbia River or in the Willamette River from its mouth to the top of Willamette Falls. (c) Judicial review \nIn any action brought in the United States District Court for the District of Oregon to rescind, overturn, modify, or provide relief under Federal law from the Consent Decree, the United States District Court for the District of Oregon shall review the application of the parties on the merits without regard to the defense of res judicata or collateral estoppel. (d) Effect \nNothing in this section enlarges, confirms, adjudicates, affects, or modifies any treaty or other right of an Indian Tribe.", "id": "H6D49BF217E4A4F3C88DAE6C1DD1CDE5B", "header": "Hunting, fishing, trapping, and animal gathering", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Consent decree \nThe term Consent Decree means the final judgment and decree of the United States District Court for the District of Oregon, in the action entitled Confederated Tribes of Siletz Indians of Oregon against State of Oregon , entered on May 2, 1980. (2) Indian Tribe \nThe 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 ). (3) Siletz Agreement \nThe term Siletz Agreement means the agreement entitled Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members and entered into by the United States on April 22, 1980.", "id": "H85E5565C880B495EB0EB677A97AB654D", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(b) Hunting, fishing, trapping, and animal gathering agreements \n(1) In general \nThe Siletz Agreement shall remain in effect until and unless replaced, amended, or otherwise modified by 1 or more successor government-to-government agreements between the Confederated Tribes of Siletz Indians and the State of Oregon relating to the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians. (2) Amendments \nThe Siletz Agreement or any successor agreement entered into under paragraph (1) may be amended from time to time by mutual consent of the Confederated Tribes of Siletz Indians and the State of Oregon. (3) Contents of new agreement or amendments \nThe Siletz Agreement or any successor agreement entered into under paragraph (1) shall not provide for exclusive or primary Siletz take opportunity outside the exterior boundaries of the 1855 Executive Order Siletz Coast Reservation (as described in section 7(f)(1)(A) of the Siletz Tribe Indian Restoration Act ( Public Law 95–195 ; 91 Stat. 1418; 130 Stat. 1364)) relative to any other federally recognized Indian Tribe, and shall not provide for new or expanded take of fishery resources in the Columbia River or in the Willamette River from its mouth to the top of Willamette Falls.", "id": "H348F9DACCE2642EA9240A29E8872DE79", "header": "Hunting, fishing, trapping, and animal gathering agreements", "nested": [], "links": [ { "text": "Public Law 95–195", "legal-doc": "public-law", "parsable-cite": "pl/95/195" } ] }, { "text": "(c) Judicial review \nIn any action brought in the United States District Court for the District of Oregon to rescind, overturn, modify, or provide relief under Federal law from the Consent Decree, the United States District Court for the District of Oregon shall review the application of the parties on the merits without regard to the defense of res judicata or collateral estoppel.", "id": "H1D949F24B4394302B47A07196E208851", "header": "Judicial review", "nested": [], "links": [] }, { "text": "(d) Effect \nNothing in this section enlarges, confirms, adjudicates, affects, or modifies any treaty or other right of an Indian Tribe.", "id": "H7FB71DC95CC543FDB6816753072347FD", "header": "Effect", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "Public Law 95–195", "legal-doc": "public-law", "parsable-cite": "pl/95/195" } ] } ]
2
1. Siletz Reservation Act amendment Section 4 of Public Law 96–340 (commonly known as the Siletz Reservation Act ) (94 Stat. 1074) is amended to read as follows: 4. Hunting, fishing, trapping, and animal gathering (a) Definitions In this section: (1) Consent decree The term Consent Decree means the final judgment and decree of the United States District Court for the District of Oregon, in the action entitled Confederated Tribes of Siletz Indians of Oregon against State of Oregon , entered on May 2, 1980. (2) 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 ). (3) Siletz Agreement The term Siletz Agreement means the agreement entitled Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members and entered into by the United States on April 22, 1980. (b) Hunting, fishing, trapping, and animal gathering agreements (1) In general The Siletz Agreement shall remain in effect until and unless replaced, amended, or otherwise modified by 1 or more successor government-to-government agreements between the Confederated Tribes of Siletz Indians and the State of Oregon relating to the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians. (2) Amendments The Siletz Agreement or any successor agreement entered into under paragraph (1) may be amended from time to time by mutual consent of the Confederated Tribes of Siletz Indians and the State of Oregon. (3) Contents of new agreement or amendments The Siletz Agreement or any successor agreement entered into under paragraph (1) shall not provide for exclusive or primary Siletz take opportunity outside the exterior boundaries of the 1855 Executive Order Siletz Coast Reservation (as described in section 7(f)(1)(A) of the Siletz Tribe Indian Restoration Act ( Public Law 95–195 ; 91 Stat. 1418; 130 Stat. 1364)) relative to any other federally recognized Indian Tribe, and shall not provide for new or expanded take of fishery resources in the Columbia River or in the Willamette River from its mouth to the top of Willamette Falls. (c) Judicial review In any action brought in the United States District Court for the District of Oregon to rescind, overturn, modify, or provide relief under Federal law from the Consent Decree, the United States District Court for the District of Oregon shall review the application of the parties on the merits without regard to the defense of res judicata or collateral estoppel. (d) Effect Nothing in this section enlarges, confirms, adjudicates, affects, or modifies any treaty or other right of an Indian Tribe.. 4. Hunting, fishing, trapping, and animal gathering (a) Definitions In this section: (1) Consent decree The term Consent Decree means the final judgment and decree of the United States District Court for the District of Oregon, in the action entitled Confederated Tribes of Siletz Indians of Oregon against State of Oregon , entered on May 2, 1980. (2) 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 ). (3) Siletz Agreement The term Siletz Agreement means the agreement entitled Agreement Among the State of Oregon, the United States of America and the Confederated Tribes of the Siletz Indians of Oregon to Permanently Define Tribal Hunting, Fishing, Trapping, and Gathering Rights of the Siletz Tribe and its Members and entered into by the United States on April 22, 1980. (b) Hunting, fishing, trapping, and animal gathering agreements (1) In general The Siletz Agreement shall remain in effect until and unless replaced, amended, or otherwise modified by 1 or more successor government-to-government agreements between the Confederated Tribes of Siletz Indians and the State of Oregon relating to the hunting, fishing, trapping, and animal gathering rights of the Confederated Tribes of Siletz Indians. (2) Amendments The Siletz Agreement or any successor agreement entered into under paragraph (1) may be amended from time to time by mutual consent of the Confederated Tribes of Siletz Indians and the State of Oregon. (3) Contents of new agreement or amendments The Siletz Agreement or any successor agreement entered into under paragraph (1) shall not provide for exclusive or primary Siletz take opportunity outside the exterior boundaries of the 1855 Executive Order Siletz Coast Reservation (as described in section 7(f)(1)(A) of the Siletz Tribe Indian Restoration Act ( Public Law 95–195 ; 91 Stat. 1418; 130 Stat. 1364)) relative to any other federally recognized Indian Tribe, and shall not provide for new or expanded take of fishery resources in the Columbia River or in the Willamette River from its mouth to the top of Willamette Falls. (c) Judicial review In any action brought in the United States District Court for the District of Oregon to rescind, overturn, modify, or provide relief under Federal law from the Consent Decree, the United States District Court for the District of Oregon shall review the application of the parties on the merits without regard to the defense of res judicata or collateral estoppel. (d) Effect Nothing in this section enlarges, confirms, adjudicates, affects, or modifies any treaty or other right of an Indian Tribe.
5,557
[ "Natural Resources Committee" ]
118hr1014ih
118
hr
1,014
ih
To amend the Internal Revenue Code of 1986 to impose a windfall profits excise tax on crude oil and to rebate the tax collected back to individual taxpayers, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Big Oil Windfall Profits Tax Act.", "id": "H4C8D39DA618244D282F7D42AF142AF0C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Windfall profits tax \n(a) In general \nSubtitle E of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new chapter: 56 Windfall profits on crude oil \nSec. 5896. Imposition of tax. Sec. 5897. Definitions and special rules. 5896. Imposition of tax \n(a) In general \nIn addition to any other tax imposed under this title, in each calendar quarter there is hereby imposed on any covered taxpayer an excise tax at the rate determined under subsection (b) on— (1) each barrel of taxable crude oil extracted by the taxpayer within the United States and removed from the property of such taxpayer during the calendar quarter, and (2) each barrel of taxable crude oil entered into the United States during the calendar quarter by the taxpayer for consumption, use, or warehousing. (b) Rate of tax \n(1) In general \nThe rate of tax imposed by this section on any barrel of taxable crude oil for any calendar quarter is the product of— (A) 50 percent, and (B) the excess (if any) of— (i) the average price of a barrel of Brent crude oil over the covered calendar quarter, (ii) the average price of a barrel of Brent crude oil over the period beginning on January 1, 2015, and ending on December 31, 2019. (2) Inflation adjustment \n(A) In general \nIn the case of a calendar quarter beginning in any taxable year beginning after 2022, the amount determined under paragraph (1)(B)(ii) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding \nIf any dollar amount, after being increased under subparagraph (A), is not a multiple of $0.50, such dollar amount shall be rounded to the next lowest multiple of $0.01. (c) Fractional part of barrel \nIn the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. 5897. Definitions and special rules \n(a) Definitions \nFor purposes of this chapter (1) Covered taxpayer \n(A) In general \nThe term covered taxpayer means, with respect to any calendar quarter, any taxpayer if— (i) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for calendar year 2019 exceeded 300,000 barrels, or (ii) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for the calendar quarter exceeds 300,000. (B) Aggregation rules \nAll 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 paragraph (1). (2) Taxable crude oil \nThe term taxable crude oil includes crude oil, crude oil condensates, and natural gasoline. (3) Barrel \nThe term barrel means 42 United States gallons. (4) United States \nThe term United States has the same meaning given such term under section 4612. (b) Withholding and deposit of tax \nThe Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. (c) Records and information \nEach taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. (d) Return of windfall profit tax \nThe Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. (e) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.. (b) Clerical amendment \nThe table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Chapter 56. Windfall profit on crude oil.. (c) Effective date \n(1) In general \nThe amendments made by this section shall apply to crude oil removed or entered after December 31, 2021, in calendar quarters ending after such date. (2) Special rule for quarters during 2022 \nIn the case of any calendar quarter ending in calendar year 2022, the tax imposed under section 5896 shall not be due before March 31, 2023.", "id": "H356B0A0E9EAE407480E1412AC78BC4B3", "header": "Windfall profits tax", "nested": [ { "text": "(a) In general \nSubtitle E of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new chapter: 56 Windfall profits on crude oil \nSec. 5896. Imposition of tax. Sec. 5897. Definitions and special rules. 5896. Imposition of tax \n(a) In general \nIn addition to any other tax imposed under this title, in each calendar quarter there is hereby imposed on any covered taxpayer an excise tax at the rate determined under subsection (b) on— (1) each barrel of taxable crude oil extracted by the taxpayer within the United States and removed from the property of such taxpayer during the calendar quarter, and (2) each barrel of taxable crude oil entered into the United States during the calendar quarter by the taxpayer for consumption, use, or warehousing. (b) Rate of tax \n(1) In general \nThe rate of tax imposed by this section on any barrel of taxable crude oil for any calendar quarter is the product of— (A) 50 percent, and (B) the excess (if any) of— (i) the average price of a barrel of Brent crude oil over the covered calendar quarter, (ii) the average price of a barrel of Brent crude oil over the period beginning on January 1, 2015, and ending on December 31, 2019. (2) Inflation adjustment \n(A) In general \nIn the case of a calendar quarter beginning in any taxable year beginning after 2022, the amount determined under paragraph (1)(B)(ii) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding \nIf any dollar amount, after being increased under subparagraph (A), is not a multiple of $0.50, such dollar amount shall be rounded to the next lowest multiple of $0.01. (c) Fractional part of barrel \nIn the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. 5897. Definitions and special rules \n(a) Definitions \nFor purposes of this chapter (1) Covered taxpayer \n(A) In general \nThe term covered taxpayer means, with respect to any calendar quarter, any taxpayer if— (i) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for calendar year 2019 exceeded 300,000 barrels, or (ii) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for the calendar quarter exceeds 300,000. (B) Aggregation rules \nAll 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 paragraph (1). (2) Taxable crude oil \nThe term taxable crude oil includes crude oil, crude oil condensates, and natural gasoline. (3) Barrel \nThe term barrel means 42 United States gallons. (4) United States \nThe term United States has the same meaning given such term under section 4612. (b) Withholding and deposit of tax \nThe Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. (c) Records and information \nEach taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. (d) Return of windfall profit tax \nThe Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. (e) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter..", "id": "H864ED888636D4F23A53DA3285EDA2E94", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Chapter 56. Windfall profit on crude oil..", "id": "H797CC633488F4EEBBCEE02A374EA3947", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \n(1) In general \nThe amendments made by this section shall apply to crude oil removed or entered after December 31, 2021, in calendar quarters ending after such date. (2) Special rule for quarters during 2022 \nIn the case of any calendar quarter ending in calendar year 2022, the tax imposed under section 5896 shall not be due before March 31, 2023.", "id": "H2507577F3702400CAC30AFA74C8E8A8B", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "5896. Imposition of tax \n(a) In general \nIn addition to any other tax imposed under this title, in each calendar quarter there is hereby imposed on any covered taxpayer an excise tax at the rate determined under subsection (b) on— (1) each barrel of taxable crude oil extracted by the taxpayer within the United States and removed from the property of such taxpayer during the calendar quarter, and (2) each barrel of taxable crude oil entered into the United States during the calendar quarter by the taxpayer for consumption, use, or warehousing. (b) Rate of tax \n(1) In general \nThe rate of tax imposed by this section on any barrel of taxable crude oil for any calendar quarter is the product of— (A) 50 percent, and (B) the excess (if any) of— (i) the average price of a barrel of Brent crude oil over the covered calendar quarter, (ii) the average price of a barrel of Brent crude oil over the period beginning on January 1, 2015, and ending on December 31, 2019. (2) Inflation adjustment \n(A) In general \nIn the case of a calendar quarter beginning in any taxable year beginning after 2022, the amount determined under paragraph (1)(B)(ii) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding \nIf any dollar amount, after being increased under subparagraph (A), is not a multiple of $0.50, such dollar amount shall be rounded to the next lowest multiple of $0.01. (c) Fractional part of barrel \nIn the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel.", "id": "H2F7804A0FEAB413B9EBE054C3D5F09B0", "header": "Imposition of tax", "nested": [ { "text": "(a) In general \nIn addition to any other tax imposed under this title, in each calendar quarter there is hereby imposed on any covered taxpayer an excise tax at the rate determined under subsection (b) on— (1) each barrel of taxable crude oil extracted by the taxpayer within the United States and removed from the property of such taxpayer during the calendar quarter, and (2) each barrel of taxable crude oil entered into the United States during the calendar quarter by the taxpayer for consumption, use, or warehousing.", "id": "H7F820F4992F240198DF7D0E3FE3171C1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rate of tax \n(1) In general \nThe rate of tax imposed by this section on any barrel of taxable crude oil for any calendar quarter is the product of— (A) 50 percent, and (B) the excess (if any) of— (i) the average price of a barrel of Brent crude oil over the covered calendar quarter, (ii) the average price of a barrel of Brent crude oil over the period beginning on January 1, 2015, and ending on December 31, 2019. (2) Inflation adjustment \n(A) In general \nIn the case of a calendar quarter beginning in any taxable year beginning after 2022, the amount determined under paragraph (1)(B)(ii) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding \nIf any dollar amount, after being increased under subparagraph (A), is not a multiple of $0.50, such dollar amount shall be rounded to the next lowest multiple of $0.01.", "id": "HC59A9D7FDF964716A44FCD35534505B9", "header": "Rate of tax", "nested": [], "links": [] }, { "text": "(c) Fractional part of barrel \nIn the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel.", "id": "HD2A1DFFD3AFF41FC8C323F90CF551EE7", "header": "Fractional part of barrel", "nested": [], "links": [] } ], "links": [] }, { "text": "5897. Definitions and special rules \n(a) Definitions \nFor purposes of this chapter (1) Covered taxpayer \n(A) In general \nThe term covered taxpayer means, with respect to any calendar quarter, any taxpayer if— (i) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for calendar year 2019 exceeded 300,000 barrels, or (ii) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for the calendar quarter exceeds 300,000. (B) Aggregation rules \nAll 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 paragraph (1). (2) Taxable crude oil \nThe term taxable crude oil includes crude oil, crude oil condensates, and natural gasoline. (3) Barrel \nThe term barrel means 42 United States gallons. (4) United States \nThe term United States has the same meaning given such term under section 4612. (b) Withholding and deposit of tax \nThe Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. (c) Records and information \nEach taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. (d) Return of windfall profit tax \nThe Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. (e) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.", "id": "H2EC1810D20914A579679588DD6C30259", "header": "Definitions and special rules", "nested": [ { "text": "(a) Definitions \nFor purposes of this chapter (1) Covered taxpayer \n(A) In general \nThe term covered taxpayer means, with respect to any calendar quarter, any taxpayer if— (i) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for calendar year 2019 exceeded 300,000 barrels, or (ii) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for the calendar quarter exceeds 300,000. (B) Aggregation rules \nAll 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 paragraph (1). (2) Taxable crude oil \nThe term taxable crude oil includes crude oil, crude oil condensates, and natural gasoline. (3) Barrel \nThe term barrel means 42 United States gallons. (4) United States \nThe term United States has the same meaning given such term under section 4612.", "id": "H2C982E816DEC445C8B3D506F3083C2DA", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Withholding and deposit of tax \nThe Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil.", "id": "H005F352BAF6840248E3AC0C439152F96", "header": "Withholding and deposit of tax", "nested": [], "links": [] }, { "text": "(c) Records and information \nEach taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe.", "id": "H96729981BF5542E98AF4474DA2119EFD", "header": "Records and information", "nested": [], "links": [] }, { "text": "(d) Return of windfall profit tax \nThe Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896.", "id": "H885747FDAA724E82B7DC669BBED14084", "header": "Return of windfall profit tax", "nested": [], "links": [] }, { "text": "(e) Regulations \nThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.", "id": "HA777D8865F69468CAEE9AB1B92E067BD", "header": "Regulations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Gasoline price rebates \n(a) In general \nSubchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6434. Gasoline price rebates \n(a) In general \nIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for each taxable year beginning after December 31, 2021, an amount equal to the sum of the gasoline price rebate amount for calendar quarters beginning in such taxable year. (b) Gasoline price rebate amount \nFor purposes of this section— (1) In general \nThe term gasoline price rebate amount means, with respect to any taxpayer for any calendar quarter beginning in a taxable year, an amount determined by the Secretary not later than 30 days after the end of such calendar quarter taking into account the number of eligible individuals and the amount of revenues in the Protect Consumers from Gas Hikes Fund resulting from the tax imposed by section 5896 for the preceding calendar quarter. (2) Special rule for joint returns \nIn the case of an eligible individual filing a joint return, the gasoline price rebate amount shall be 150 percent of the amount determined under paragraph (1) with respect to other taxpayers. (3) Limitation based on adjusted gross income \nThe amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the eligible individual's adjusted gross income as exceeds— (A) $150,000 in the case of a joint return, (B) $112,500 in the case of a head of household, and (C) $75,000 in any other case. (c) Eligible individual \nFor purposes of this section, the term eligible individual means any individual other than— (1) any nonresident alien individual, (2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and (3) an estate or trust. (d) Definitions and special rules \n(1) Dependent defined \nFor purposes of this section, the term dependent has the meaning given such term by section 152. (2) Identification number requirement \n(A) In general \nIn the case of a return other than a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. (B) Joint returns \nIn the case of a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being— (i) 50 percent of the amount otherwise determined without regard to this paragraph if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and (ii) zero if the valid identification number of neither spouse is so included. (C) Valid identification number \nFor purposes of this paragraph, the term valid identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (D) Special rule for members of the Armed Forces \nSubparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. (E) Coordination with certain advance payments \nIn the case of any payment determined pursuant to subsection (f)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer’s return of tax if such valid identification number is available to the Secretary as described in such subsection. (F) Mathematical or clerical error authority \nAny omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. (3) Credit treated as refundable \nThe credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. (e) Regulations \nThe Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. (f) Outreach \nThe Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers learn of their eligibility for the credits allowed under this section and are provided assistance in claiming such credits.. (b) Treatment of certain possessions \n(1) Payments to possessions with mirror code tax systems \nThe Secretary of the Treasury 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 amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Payments to other possessions \nThe Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by 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 of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) Inclusion of administrative expenses \nThe Secretary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the increase (if any) of the administrative expenses of such possession— (A) in the case of a possession described in paragraph (1), by reason of the amendments made by this section, and (B) in the case of a possession described in paragraph (2), by reason of carrying out the plan described in such paragraph, or The amount described in subparagraph (A) shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (4) Coordination with credit allowed against united states income taxes \nNo credit shall be allowed against United States income taxes under section 6434 of the Internal Revenue Code of 1986 (as added by this section) to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (5) Mirror code tax system \nFor purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (6) Treatment of payments \nFor purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Administrative provisions \n(1) Definition of deficiency \nSection 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking and 6433 and inserting 6433, and 6434,. (2) Conforming amendments \n(A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 6434, after 6433,. (B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6434. Gasoline price rebates.. (d) Special rules for 2022 \nIn the case of taxable years ending during calendar year 2022, the Secretary shall provide any refunds due to the credit allowed under section 6434 of the Internal Revenue Code of 1986 (as added by this section) not later than June 30, 2023.", "id": "H4B4284B347C342378CB311A35F6E6A73", "header": "Gasoline price rebates", "nested": [ { "text": "(a) In general \nSubchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6434. Gasoline price rebates \n(a) In general \nIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for each taxable year beginning after December 31, 2021, an amount equal to the sum of the gasoline price rebate amount for calendar quarters beginning in such taxable year. (b) Gasoline price rebate amount \nFor purposes of this section— (1) In general \nThe term gasoline price rebate amount means, with respect to any taxpayer for any calendar quarter beginning in a taxable year, an amount determined by the Secretary not later than 30 days after the end of such calendar quarter taking into account the number of eligible individuals and the amount of revenues in the Protect Consumers from Gas Hikes Fund resulting from the tax imposed by section 5896 for the preceding calendar quarter. (2) Special rule for joint returns \nIn the case of an eligible individual filing a joint return, the gasoline price rebate amount shall be 150 percent of the amount determined under paragraph (1) with respect to other taxpayers. (3) Limitation based on adjusted gross income \nThe amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the eligible individual's adjusted gross income as exceeds— (A) $150,000 in the case of a joint return, (B) $112,500 in the case of a head of household, and (C) $75,000 in any other case. (c) Eligible individual \nFor purposes of this section, the term eligible individual means any individual other than— (1) any nonresident alien individual, (2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and (3) an estate or trust. (d) Definitions and special rules \n(1) Dependent defined \nFor purposes of this section, the term dependent has the meaning given such term by section 152. (2) Identification number requirement \n(A) In general \nIn the case of a return other than a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. (B) Joint returns \nIn the case of a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being— (i) 50 percent of the amount otherwise determined without regard to this paragraph if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and (ii) zero if the valid identification number of neither spouse is so included. (C) Valid identification number \nFor purposes of this paragraph, the term valid identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (D) Special rule for members of the Armed Forces \nSubparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. (E) Coordination with certain advance payments \nIn the case of any payment determined pursuant to subsection (f)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer’s return of tax if such valid identification number is available to the Secretary as described in such subsection. (F) Mathematical or clerical error authority \nAny omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. (3) Credit treated as refundable \nThe credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. (e) Regulations \nThe Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. (f) Outreach \nThe Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers learn of their eligibility for the credits allowed under this section and are provided assistance in claiming such credits..", "id": "H91071935E78A422CABF0F2563509030C", "header": "In general", "nested": [], "links": [ { "text": "chapter 65", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/65" } ] }, { "text": "(b) Treatment of certain possessions \n(1) Payments to possessions with mirror code tax systems \nThe Secretary of the Treasury 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 amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Payments to other possessions \nThe Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by 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 of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) Inclusion of administrative expenses \nThe Secretary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the increase (if any) of the administrative expenses of such possession— (A) in the case of a possession described in paragraph (1), by reason of the amendments made by this section, and (B) in the case of a possession described in paragraph (2), by reason of carrying out the plan described in such paragraph, or The amount described in subparagraph (A) shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (4) Coordination with credit allowed against united states income taxes \nNo credit shall be allowed against United States income taxes under section 6434 of the Internal Revenue Code of 1986 (as added by this section) to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (5) Mirror code tax system \nFor purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (6) Treatment of payments \nFor purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.", "id": "H6629966694994C3EBBB56B2E67FE3087", "header": "Treatment of certain possessions", "nested": [], "links": [ { "text": "section 6434", "legal-doc": "usc", "parsable-cite": "usc/26/6434" } ] }, { "text": "(c) Administrative provisions \n(1) Definition of deficiency \nSection 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking and 6433 and inserting 6433, and 6434,. (2) Conforming amendments \n(A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 6434, after 6433,. (B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6434. Gasoline price rebates..", "id": "H8914107100F54107955C1625B4C8F98D", "header": "Administrative provisions", "nested": [], "links": [ { "text": "Section 6211(b)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/6211" }, { "text": "chapter 65", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/65" } ] }, { "text": "(d) Special rules for 2022 \nIn the case of taxable years ending during calendar year 2022, the Secretary shall provide any refunds due to the credit allowed under section 6434 of the Internal Revenue Code of 1986 (as added by this section) not later than June 30, 2023.", "id": "H6378943D441344AF9C91C8C94ED56E5C", "header": "Special rules for 2022", "nested": [], "links": [ { "text": "section 6434", "legal-doc": "usc", "parsable-cite": "usc/26/6434" } ] } ], "links": [ { "text": "chapter 65", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/65" }, { "text": "section 6434", "legal-doc": "usc", "parsable-cite": "usc/26/6434" }, { "text": "Section 6211(b)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/6211" }, { "text": "chapter 65", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/65" }, { "text": "section 6434", "legal-doc": "usc", "parsable-cite": "usc/26/6434" } ] }, { "text": "6434. Gasoline price rebates \n(a) In general \nIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for each taxable year beginning after December 31, 2021, an amount equal to the sum of the gasoline price rebate amount for calendar quarters beginning in such taxable year. (b) Gasoline price rebate amount \nFor purposes of this section— (1) In general \nThe term gasoline price rebate amount means, with respect to any taxpayer for any calendar quarter beginning in a taxable year, an amount determined by the Secretary not later than 30 days after the end of such calendar quarter taking into account the number of eligible individuals and the amount of revenues in the Protect Consumers from Gas Hikes Fund resulting from the tax imposed by section 5896 for the preceding calendar quarter. (2) Special rule for joint returns \nIn the case of an eligible individual filing a joint return, the gasoline price rebate amount shall be 150 percent of the amount determined under paragraph (1) with respect to other taxpayers. (3) Limitation based on adjusted gross income \nThe amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the eligible individual's adjusted gross income as exceeds— (A) $150,000 in the case of a joint return, (B) $112,500 in the case of a head of household, and (C) $75,000 in any other case. (c) Eligible individual \nFor purposes of this section, the term eligible individual means any individual other than— (1) any nonresident alien individual, (2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and (3) an estate or trust. (d) Definitions and special rules \n(1) Dependent defined \nFor purposes of this section, the term dependent has the meaning given such term by section 152. (2) Identification number requirement \n(A) In general \nIn the case of a return other than a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. (B) Joint returns \nIn the case of a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being— (i) 50 percent of the amount otherwise determined without regard to this paragraph if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and (ii) zero if the valid identification number of neither spouse is so included. (C) Valid identification number \nFor purposes of this paragraph, the term valid identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (D) Special rule for members of the Armed Forces \nSubparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. (E) Coordination with certain advance payments \nIn the case of any payment determined pursuant to subsection (f)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer’s return of tax if such valid identification number is available to the Secretary as described in such subsection. (F) Mathematical or clerical error authority \nAny omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. (3) Credit treated as refundable \nThe credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. (e) Regulations \nThe Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. (f) Outreach \nThe Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers learn of their eligibility for the credits allowed under this section and are provided assistance in claiming such credits.", "id": "H31B2982F3D6E495D990F8A7F50030F88", "header": "Gasoline price rebates", "nested": [ { "text": "(a) In general \nIn the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for each taxable year beginning after December 31, 2021, an amount equal to the sum of the gasoline price rebate amount for calendar quarters beginning in such taxable year.", "id": "HCC263EC1FA844CA9AE95F84E6192A1D4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Gasoline price rebate amount \nFor purposes of this section— (1) In general \nThe term gasoline price rebate amount means, with respect to any taxpayer for any calendar quarter beginning in a taxable year, an amount determined by the Secretary not later than 30 days after the end of such calendar quarter taking into account the number of eligible individuals and the amount of revenues in the Protect Consumers from Gas Hikes Fund resulting from the tax imposed by section 5896 for the preceding calendar quarter. (2) Special rule for joint returns \nIn the case of an eligible individual filing a joint return, the gasoline price rebate amount shall be 150 percent of the amount determined under paragraph (1) with respect to other taxpayers. (3) Limitation based on adjusted gross income \nThe amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the eligible individual's adjusted gross income as exceeds— (A) $150,000 in the case of a joint return, (B) $112,500 in the case of a head of household, and (C) $75,000 in any other case.", "id": "H01099C72893D498FBA3E01F83E705F18", "header": "Gasoline price rebate amount", "nested": [], "links": [] }, { "text": "(c) Eligible individual \nFor purposes of this section, the term eligible individual means any individual other than— (1) any nonresident alien individual, (2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and (3) an estate or trust.", "id": "HBD93BDEFBA124367B5C3D35F33080ED7", "header": "Eligible individual", "nested": [], "links": [] }, { "text": "(d) Definitions and special rules \n(1) Dependent defined \nFor purposes of this section, the term dependent has the meaning given such term by section 152. (2) Identification number requirement \n(A) In general \nIn the case of a return other than a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. (B) Joint returns \nIn the case of a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being— (i) 50 percent of the amount otherwise determined without regard to this paragraph if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and (ii) zero if the valid identification number of neither spouse is so included. (C) Valid identification number \nFor purposes of this paragraph, the term valid identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (D) Special rule for members of the Armed Forces \nSubparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. (E) Coordination with certain advance payments \nIn the case of any payment determined pursuant to subsection (f)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer’s return of tax if such valid identification number is available to the Secretary as described in such subsection. (F) Mathematical or clerical error authority \nAny omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. (3) Credit treated as refundable \nThe credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1.", "id": "HEFC2EF27289B491B87BEB9DC7D33B3F1", "header": "Definitions and special rules", "nested": [], "links": [] }, { "text": "(e) Regulations \nThe Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.", "id": "HDA6C49E1BBD14A009EFBC99BF79D4F48", "header": "Regulations", "nested": [], "links": [] }, { "text": "(f) Outreach \nThe Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers learn of their eligibility for the credits allowed under this section and are provided assistance in claiming such credits.", "id": "H8561ACF5CC1249D5A7827AA358C45D82", "header": "Outreach", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Protect Consumers from Gas Price Hikes Fund \n(a) In general \nSubchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Protect Consumers from Gas Price Hikes Fund \n(a) Establishment and funding \nThere is hereby established in the Treasury of the United States a trust fund to be referred to as the Protect Consumers from Gas Hikes Fund , consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b). (b) Transfers to the Protect Consumers from Gas Price Hikes Fund \nThere are hereby appropriated to the Protect Consumers from Gas Hikes Fund amounts equivalent to the taxes received in the Treasury under section 5896. (c) Use of funds \nThe Secretary shall pay from time to time from the Protect Consumers from Gas Price Hikes Fund to the general fund of the Treasury amounts equal to the amounts of refunds provided under section 6434.. (b) Clerical amendment \nThe table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Protect Consumers from Gas Price Hikes Fund..", "id": "HEF611AEBA4D84416B3B3BDF6C6351B64", "header": "Protect Consumers from Gas Price Hikes Fund", "nested": [ { "text": "(a) In general \nSubchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Protect Consumers from Gas Price Hikes Fund \n(a) Establishment and funding \nThere is hereby established in the Treasury of the United States a trust fund to be referred to as the Protect Consumers from Gas Hikes Fund , consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b). (b) Transfers to the Protect Consumers from Gas Price Hikes Fund \nThere are hereby appropriated to the Protect Consumers from Gas Hikes Fund amounts equivalent to the taxes received in the Treasury under section 5896. (c) Use of funds \nThe Secretary shall pay from time to time from the Protect Consumers from Gas Price Hikes Fund to the general fund of the Treasury amounts equal to the amounts of refunds provided under section 6434..", "id": "HB28FD067CD92485393F6BDBEAA84AAA4", "header": "In general", "nested": [], "links": [ { "text": "chapter 98", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/98" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Protect Consumers from Gas Price Hikes Fund..", "id": "H1C6FB12D6D0144158324621EBA427847", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 98", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/98" } ] }, { "text": "9512. Protect Consumers from Gas Price Hikes Fund \n(a) Establishment and funding \nThere is hereby established in the Treasury of the United States a trust fund to be referred to as the Protect Consumers from Gas Hikes Fund , consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b). (b) Transfers to the Protect Consumers from Gas Price Hikes Fund \nThere are hereby appropriated to the Protect Consumers from Gas Hikes Fund amounts equivalent to the taxes received in the Treasury under section 5896. (c) Use of funds \nThe Secretary shall pay from time to time from the Protect Consumers from Gas Price Hikes Fund to the general fund of the Treasury amounts equal to the amounts of refunds provided under section 6434.", "id": "HEA9DD1B648864AE0ABB79851EA91BC27", "header": "Protect Consumers from Gas Price Hikes Fund", "nested": [ { "text": "(a) Establishment and funding \nThere is hereby established in the Treasury of the United States a trust fund to be referred to as the Protect Consumers from Gas Hikes Fund , consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b).", "id": "HC0CCBEE5D4FC458590128D7B6348C233", "header": "Establishment and funding", "nested": [], "links": [] }, { "text": "(b) Transfers to the Protect Consumers from Gas Price Hikes Fund \nThere are hereby appropriated to the Protect Consumers from Gas Hikes Fund amounts equivalent to the taxes received in the Treasury under section 5896.", "id": "H45CCD5C11E66443C9274F38E6170985B", "header": "Transfers to the Protect Consumers from Gas Price Hikes Fund", "nested": [], "links": [] }, { "text": "(c) Use of funds \nThe Secretary shall pay from time to time from the Protect Consumers from Gas Price Hikes Fund to the general fund of the Treasury amounts equal to the amounts of refunds provided under section 6434.", "id": "HBC69BE6B7A2046C3BFDD3A938C80AB7D", "header": "Use of funds", "nested": [], "links": [] } ], "links": [] } ]
8
1. Short title This Act may be cited as the Big Oil Windfall Profits Tax Act. 2. Windfall profits tax (a) In general Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new chapter: 56 Windfall profits on crude oil Sec. 5896. Imposition of tax. Sec. 5897. Definitions and special rules. 5896. Imposition of tax (a) In general In addition to any other tax imposed under this title, in each calendar quarter there is hereby imposed on any covered taxpayer an excise tax at the rate determined under subsection (b) on— (1) each barrel of taxable crude oil extracted by the taxpayer within the United States and removed from the property of such taxpayer during the calendar quarter, and (2) each barrel of taxable crude oil entered into the United States during the calendar quarter by the taxpayer for consumption, use, or warehousing. (b) Rate of tax (1) In general The rate of tax imposed by this section on any barrel of taxable crude oil for any calendar quarter is the product of— (A) 50 percent, and (B) the excess (if any) of— (i) the average price of a barrel of Brent crude oil over the covered calendar quarter, (ii) the average price of a barrel of Brent crude oil over the period beginning on January 1, 2015, and ending on December 31, 2019. (2) Inflation adjustment (A) In general In the case of a calendar quarter beginning in any taxable year beginning after 2022, the amount determined under paragraph (1)(B)(ii) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any dollar amount, after being increased under subparagraph (A), is not a multiple of $0.50, such dollar amount shall be rounded to the next lowest multiple of $0.01. (c) Fractional part of barrel In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. 5897. Definitions and special rules (a) Definitions For purposes of this chapter (1) Covered taxpayer (A) In general The term covered taxpayer means, with respect to any calendar quarter, any taxpayer if— (i) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for calendar year 2019 exceeded 300,000 barrels, or (ii) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for the calendar quarter exceeds 300,000. (B) 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 paragraph (1). (2) Taxable crude oil The term taxable crude oil includes crude oil, crude oil condensates, and natural gasoline. (3) Barrel The term barrel means 42 United States gallons. (4) United States The term United States has the same meaning given such term under section 4612. (b) Withholding and deposit of tax The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. (c) Records and information Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. (d) Return of windfall profit tax The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. (e) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.. (b) Clerical amendment The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Chapter 56. Windfall profit on crude oil.. (c) Effective date (1) In general The amendments made by this section shall apply to crude oil removed or entered after December 31, 2021, in calendar quarters ending after such date. (2) Special rule for quarters during 2022 In the case of any calendar quarter ending in calendar year 2022, the tax imposed under section 5896 shall not be due before March 31, 2023. 5896. Imposition of tax (a) In general In addition to any other tax imposed under this title, in each calendar quarter there is hereby imposed on any covered taxpayer an excise tax at the rate determined under subsection (b) on— (1) each barrel of taxable crude oil extracted by the taxpayer within the United States and removed from the property of such taxpayer during the calendar quarter, and (2) each barrel of taxable crude oil entered into the United States during the calendar quarter by the taxpayer for consumption, use, or warehousing. (b) Rate of tax (1) In general The rate of tax imposed by this section on any barrel of taxable crude oil for any calendar quarter is the product of— (A) 50 percent, and (B) the excess (if any) of— (i) the average price of a barrel of Brent crude oil over the covered calendar quarter, (ii) the average price of a barrel of Brent crude oil over the period beginning on January 1, 2015, and ending on December 31, 2019. (2) Inflation adjustment (A) In general In the case of a calendar quarter beginning in any taxable year beginning after 2022, the amount determined under paragraph (1)(B)(ii) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any dollar amount, after being increased under subparagraph (A), is not a multiple of $0.50, such dollar amount shall be rounded to the next lowest multiple of $0.01. (c) Fractional part of barrel In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel. 5897. Definitions and special rules (a) Definitions For purposes of this chapter (1) Covered taxpayer (A) In general The term covered taxpayer means, with respect to any calendar quarter, any taxpayer if— (i) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for calendar year 2019 exceeded 300,000 barrels, or (ii) the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for the calendar quarter exceeds 300,000. (B) 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 paragraph (1). (2) Taxable crude oil The term taxable crude oil includes crude oil, crude oil condensates, and natural gasoline. (3) Barrel The term barrel means 42 United States gallons. (4) United States The term United States has the same meaning given such term under section 4612. (b) Withholding and deposit of tax The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil. (c) Records and information Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe. (d) Return of windfall profit tax The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. (e) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. 3. Gasoline price rebates (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6434. Gasoline price rebates (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for each taxable year beginning after December 31, 2021, an amount equal to the sum of the gasoline price rebate amount for calendar quarters beginning in such taxable year. (b) Gasoline price rebate amount For purposes of this section— (1) In general The term gasoline price rebate amount means, with respect to any taxpayer for any calendar quarter beginning in a taxable year, an amount determined by the Secretary not later than 30 days after the end of such calendar quarter taking into account the number of eligible individuals and the amount of revenues in the Protect Consumers from Gas Hikes Fund resulting from the tax imposed by section 5896 for the preceding calendar quarter. (2) Special rule for joint returns In the case of an eligible individual filing a joint return, the gasoline price rebate amount shall be 150 percent of the amount determined under paragraph (1) with respect to other taxpayers. (3) Limitation based on adjusted gross income The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the eligible individual's adjusted gross income as exceeds— (A) $150,000 in the case of a joint return, (B) $112,500 in the case of a head of household, and (C) $75,000 in any other case. (c) Eligible individual For purposes of this section, the term eligible individual means any individual other than— (1) any nonresident alien individual, (2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and (3) an estate or trust. (d) Definitions and special rules (1) Dependent defined For purposes of this section, the term dependent has the meaning given such term by section 152. (2) Identification number requirement (A) In general In the case of a return other than a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. (B) Joint returns In the case of a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being— (i) 50 percent of the amount otherwise determined without regard to this paragraph if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and (ii) zero if the valid identification number of neither spouse is so included. (C) Valid identification number For purposes of this paragraph, the term valid identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (D) Special rule for members of the Armed Forces Subparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. (E) Coordination with certain advance payments In the case of any payment determined pursuant to subsection (f)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer’s return of tax if such valid identification number is available to the Secretary as described in such subsection. (F) Mathematical or clerical error authority Any omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. (3) Credit treated as refundable The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. (e) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. (f) Outreach The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers learn of their eligibility for the credits allowed under this section and are provided assistance in claiming such credits.. (b) Treatment of certain possessions (1) Payments to possessions with mirror code tax systems The Secretary of the Treasury 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 amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (2) Payments to other possessions The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by 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 of the Treasury, under which such possession will promptly distribute such payments to its residents. (3) Inclusion of administrative expenses The Secretary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the increase (if any) of the administrative expenses of such possession— (A) in the case of a possession described in paragraph (1), by reason of the amendments made by this section, and (B) in the case of a possession described in paragraph (2), by reason of carrying out the plan described in such paragraph, or The amount described in subparagraph (A) shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (4) Coordination with credit allowed against united states income taxes No credit shall be allowed against United States income taxes under section 6434 of the Internal Revenue Code of 1986 (as added by this section) to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or (B) who is eligible for a payment under a plan described in paragraph (2). (5) Mirror code tax system For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (6) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Administrative provisions (1) Definition of deficiency Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking and 6433 and inserting 6433, and 6434,. (2) Conforming amendments (A) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 6434, after 6433,. (B) The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6434. Gasoline price rebates.. (d) Special rules for 2022 In the case of taxable years ending during calendar year 2022, the Secretary shall provide any refunds due to the credit allowed under section 6434 of the Internal Revenue Code of 1986 (as added by this section) not later than June 30, 2023. 6434. Gasoline price rebates (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for each taxable year beginning after December 31, 2021, an amount equal to the sum of the gasoline price rebate amount for calendar quarters beginning in such taxable year. (b) Gasoline price rebate amount For purposes of this section— (1) In general The term gasoline price rebate amount means, with respect to any taxpayer for any calendar quarter beginning in a taxable year, an amount determined by the Secretary not later than 30 days after the end of such calendar quarter taking into account the number of eligible individuals and the amount of revenues in the Protect Consumers from Gas Hikes Fund resulting from the tax imposed by section 5896 for the preceding calendar quarter. (2) Special rule for joint returns In the case of an eligible individual filing a joint return, the gasoline price rebate amount shall be 150 percent of the amount determined under paragraph (1) with respect to other taxpayers. (3) Limitation based on adjusted gross income The amount of the credit allowed by subsection (a) (determined without regard to this subsection and subsection (e)) shall be reduced (but not below zero) by 5 percent of so much of the eligible individual's adjusted gross income as exceeds— (A) $150,000 in the case of a joint return, (B) $112,500 in the case of a head of household, and (C) $75,000 in any other case. (c) Eligible individual For purposes of this section, the term eligible individual means any individual other than— (1) any nonresident alien individual, (2) any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and (3) an estate or trust. (d) Definitions and special rules (1) Dependent defined For purposes of this section, the term dependent has the meaning given such term by section 152. (2) Identification number requirement (A) In general In the case of a return other than a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being zero unless the taxpayer includes the valid identification number of the taxpayer on the return of tax for the taxable year. (B) Joint returns In the case of a joint return, the gasoline price rebate amount in subsection (b)(1) shall be treated as being— (i) 50 percent of the amount otherwise determined without regard to this paragraph if the valid identification number of only 1 spouse is included on the return of tax for the taxable year, and (ii) zero if the valid identification number of neither spouse is so included. (C) Valid identification number For purposes of this paragraph, the term valid identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. (D) Special rule for members of the Armed Forces Subparagraph (B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and the valid identification number of at least 1 spouse is included on the return of tax for the taxable year. (E) Coordination with certain advance payments In the case of any payment determined pursuant to subsection (f)(6), a valid identification number shall be treated for purposes of this paragraph as included on the taxpayer’s return of tax if such valid identification number is available to the Secretary as described in such subsection. (F) Mathematical or clerical error authority Any omission of a correct valid identification number required under this paragraph shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. (3) Credit treated as refundable The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. (e) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. (f) Outreach The Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers learn of their eligibility for the credits allowed under this section and are provided assistance in claiming such credits. 4. Protect Consumers from Gas Price Hikes Fund (a) In general Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Protect Consumers from Gas Price Hikes Fund (a) Establishment and funding There is hereby established in the Treasury of the United States a trust fund to be referred to as the Protect Consumers from Gas Hikes Fund , consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b). (b) Transfers to the Protect Consumers from Gas Price Hikes Fund There are hereby appropriated to the Protect Consumers from Gas Hikes Fund amounts equivalent to the taxes received in the Treasury under section 5896. (c) Use of funds The Secretary shall pay from time to time from the Protect Consumers from Gas Price Hikes Fund to the general fund of the Treasury amounts equal to the amounts of refunds provided under section 6434.. (b) Clerical amendment The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Protect Consumers from Gas Price Hikes Fund.. 9512. Protect Consumers from Gas Price Hikes Fund (a) Establishment and funding There is hereby established in the Treasury of the United States a trust fund to be referred to as the Protect Consumers from Gas Hikes Fund , consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b). (b) Transfers to the Protect Consumers from Gas Price Hikes Fund There are hereby appropriated to the Protect Consumers from Gas Hikes Fund amounts equivalent to the taxes received in the Treasury under section 5896. (c) Use of funds The Secretary shall pay from time to time from the Protect Consumers from Gas Price Hikes Fund to the general fund of the Treasury amounts equal to the amounts of refunds provided under section 6434.
22,735
[ "Ways and Means Committee" ]
118hr1220ih
118
hr
1,220
ih
To make reforms to the Bank Secrecy Act, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Bank Privacy Reform Act.", "id": "H1EF419417B2B4AE19F74ADF5E385A040", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Bank Secrecy Act reforms \n(a) Right to Financial Privacy Act of 1978 \nThe Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 et seq. ) is amended— (1) by amending section 1102 to read as follows: 1102. Confidentiality of records—Government authorities \nExcept as provided by subsection (c) or (d) of section 1103 or section 1113, no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described and such financial records are disclosed in response to a search warrant which meets the requirements of section 1106. ; (2) by striking sections 1104, 1105, 1107, 1108, and 1114; (3) in section 1109(a), by striking section 1104(c), 1105(2), 1106(c), 1107(2), 1108(4), and inserting section 1106(c) ; and (4) in section 1113, by striking subsections (c) through (r). (b) Title 31 \nChapter 53 of title 31, United States Code, is amended— (1) by amending section 5311 to read as follows: 5311. Declaration of purpose \nIt is the purpose of this subchapter to require financial institutions to retain transaction records that include information identified with or identifiable as being derived from the financial records of particular customers. ; (2) in section 5312(a)— (A) in paragraph (3)— (i) in subparagraph (B), by adding and at the end; (ii) by striking subparagraph (C); and (iii) by redesignating subparagraph (D) as subparagraph (C); and (B) by amending paragraph (4) to read as follows: (4) nonfinancial trade or business means any entity engaged in trade or business other than a financial institution. ; (3) by striking sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336; (4) in section 5318— (A) in subsection (a)— (i) by striking (except under section 5315 of this title and regulations prescribed under section 5315) ; (ii) by striking paragraph (2); and (iii) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively; and (B) in subsection (k)— (i) in paragraph (1)(C), by striking has the same meaning as in section 5318A(e)(1)(B) and inserting means an account established to receive deposits from, make payments on behalf of a foreign financial institution, or handle other financial transactions related to such institution ; and (ii) in paragraph (3)(A)(i)— (I) in subclause (II), by adding or at the end; (II) in subclause (III), by striking ; or and inserting a period; and (III) by striking subclause (IV); (5) in section 5321— (A) in subsection (a)— (i) in paragraph (1), by striking (except sections 5314, 5315, and 5336 of this title or a regulation prescribed under sections 5314, 5315, and 5336) ; (ii) by striking paragraphs (2), (3), (4), and (5); (iii) in paragraph (6), by striking (except section 5336) each place such term appears; (iv) in paragraph (7), by striking or any special measures imposed under section 5318A ; and (v) by redesignating paragraphs (6) and (7) as paragraphs (2) and (3), respectively; (B) by striking subsection (c); and (C) by redesignating subsections (d) through (g) as subsection (c) through (f), respectively; (6) in section 5322— (A) by striking (except section 5315, 5324, or 5336 of this title or a regulation prescribed under section 5315, 5324, or 5336) each place such term appears; and (B) in subsection (d)— (i) by striking , or any special measures imposed under section 5318A, ; and (ii) by striking or section 5318A ; (7) in section 5325(a), by inserting after $3,000 the following: (as such amount is annually adjusted by the Secretary to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor) ; (8) in section 5330(d)(1)— (A) in subparagraph (A), by adding and at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (9) in section 5335— (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; (10) by striking subchapter III; and (11) in the table of contents in chapter 53, by striking the items relating to— (A) sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336; and (B) subchapter III.", "id": "H83F806F335DF40AC94B24E9802FE6837", "header": "Bank Secrecy Act reforms", "nested": [ { "text": "(a) Right to Financial Privacy Act of 1978 \nThe Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 et seq. ) is amended— (1) by amending section 1102 to read as follows: 1102. Confidentiality of records—Government authorities \nExcept as provided by subsection (c) or (d) of section 1103 or section 1113, no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described and such financial records are disclosed in response to a search warrant which meets the requirements of section 1106. ; (2) by striking sections 1104, 1105, 1107, 1108, and 1114; (3) in section 1109(a), by striking section 1104(c), 1105(2), 1106(c), 1107(2), 1108(4), and inserting section 1106(c) ; and (4) in section 1113, by striking subsections (c) through (r).", "id": "HF9356D3B2E4B4D0196225A6F90BC832D", "header": "Right to Financial Privacy Act of 1978", "nested": [], "links": [ { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" } ] }, { "text": "(b) Title 31 \nChapter 53 of title 31, United States Code, is amended— (1) by amending section 5311 to read as follows: 5311. Declaration of purpose \nIt is the purpose of this subchapter to require financial institutions to retain transaction records that include information identified with or identifiable as being derived from the financial records of particular customers. ; (2) in section 5312(a)— (A) in paragraph (3)— (i) in subparagraph (B), by adding and at the end; (ii) by striking subparagraph (C); and (iii) by redesignating subparagraph (D) as subparagraph (C); and (B) by amending paragraph (4) to read as follows: (4) nonfinancial trade or business means any entity engaged in trade or business other than a financial institution. ; (3) by striking sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336; (4) in section 5318— (A) in subsection (a)— (i) by striking (except under section 5315 of this title and regulations prescribed under section 5315) ; (ii) by striking paragraph (2); and (iii) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively; and (B) in subsection (k)— (i) in paragraph (1)(C), by striking has the same meaning as in section 5318A(e)(1)(B) and inserting means an account established to receive deposits from, make payments on behalf of a foreign financial institution, or handle other financial transactions related to such institution ; and (ii) in paragraph (3)(A)(i)— (I) in subclause (II), by adding or at the end; (II) in subclause (III), by striking ; or and inserting a period; and (III) by striking subclause (IV); (5) in section 5321— (A) in subsection (a)— (i) in paragraph (1), by striking (except sections 5314, 5315, and 5336 of this title or a regulation prescribed under sections 5314, 5315, and 5336) ; (ii) by striking paragraphs (2), (3), (4), and (5); (iii) in paragraph (6), by striking (except section 5336) each place such term appears; (iv) in paragraph (7), by striking or any special measures imposed under section 5318A ; and (v) by redesignating paragraphs (6) and (7) as paragraphs (2) and (3), respectively; (B) by striking subsection (c); and (C) by redesignating subsections (d) through (g) as subsection (c) through (f), respectively; (6) in section 5322— (A) by striking (except section 5315, 5324, or 5336 of this title or a regulation prescribed under section 5315, 5324, or 5336) each place such term appears; and (B) in subsection (d)— (i) by striking , or any special measures imposed under section 5318A, ; and (ii) by striking or section 5318A ; (7) in section 5325(a), by inserting after $3,000 the following: (as such amount is annually adjusted by the Secretary to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor) ; (8) in section 5330(d)(1)— (A) in subparagraph (A), by adding and at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (9) in section 5335— (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; (10) by striking subchapter III; and (11) in the table of contents in chapter 53, by striking the items relating to— (A) sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336; and (B) subchapter III.", "id": "H390E153CA46346BFB49B8B9A4E5B3CCF", "header": "Title 31", "nested": [], "links": [ { "text": "Chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/53" } ] } ], "links": [ { "text": "12 U.S.C. 3401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/3401" }, { "text": "Chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/53" } ] }, { "text": "1102. Confidentiality of records—Government authorities \nExcept as provided by subsection (c) or (d) of section 1103 or section 1113, no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described and such financial records are disclosed in response to a search warrant which meets the requirements of section 1106.", "id": "H5DE71351F08D4F4CB374544833318E63", "header": "Confidentiality of records—Government authorities", "nested": [], "links": [] }, { "text": "5311. Declaration of purpose \nIt is the purpose of this subchapter to require financial institutions to retain transaction records that include information identified with or identifiable as being derived from the financial records of particular customers.", "id": "H823921A7FF6B4B44B506C997BFC89252", "header": "Declaration of purpose", "nested": [], "links": [] } ]
4
1. Short title This Act may be cited as the Bank Privacy Reform Act. 2. Bank Secrecy Act reforms (a) Right to Financial Privacy Act of 1978 The Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 et seq. ) is amended— (1) by amending section 1102 to read as follows: 1102. Confidentiality of records—Government authorities Except as provided by subsection (c) or (d) of section 1103 or section 1113, no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described and such financial records are disclosed in response to a search warrant which meets the requirements of section 1106. ; (2) by striking sections 1104, 1105, 1107, 1108, and 1114; (3) in section 1109(a), by striking section 1104(c), 1105(2), 1106(c), 1107(2), 1108(4), and inserting section 1106(c) ; and (4) in section 1113, by striking subsections (c) through (r). (b) Title 31 Chapter 53 of title 31, United States Code, is amended— (1) by amending section 5311 to read as follows: 5311. Declaration of purpose It is the purpose of this subchapter to require financial institutions to retain transaction records that include information identified with or identifiable as being derived from the financial records of particular customers. ; (2) in section 5312(a)— (A) in paragraph (3)— (i) in subparagraph (B), by adding and at the end; (ii) by striking subparagraph (C); and (iii) by redesignating subparagraph (D) as subparagraph (C); and (B) by amending paragraph (4) to read as follows: (4) nonfinancial trade or business means any entity engaged in trade or business other than a financial institution. ; (3) by striking sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336; (4) in section 5318— (A) in subsection (a)— (i) by striking (except under section 5315 of this title and regulations prescribed under section 5315) ; (ii) by striking paragraph (2); and (iii) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively; and (B) in subsection (k)— (i) in paragraph (1)(C), by striking has the same meaning as in section 5318A(e)(1)(B) and inserting means an account established to receive deposits from, make payments on behalf of a foreign financial institution, or handle other financial transactions related to such institution ; and (ii) in paragraph (3)(A)(i)— (I) in subclause (II), by adding or at the end; (II) in subclause (III), by striking ; or and inserting a period; and (III) by striking subclause (IV); (5) in section 5321— (A) in subsection (a)— (i) in paragraph (1), by striking (except sections 5314, 5315, and 5336 of this title or a regulation prescribed under sections 5314, 5315, and 5336) ; (ii) by striking paragraphs (2), (3), (4), and (5); (iii) in paragraph (6), by striking (except section 5336) each place such term appears; (iv) in paragraph (7), by striking or any special measures imposed under section 5318A ; and (v) by redesignating paragraphs (6) and (7) as paragraphs (2) and (3), respectively; (B) by striking subsection (c); and (C) by redesignating subsections (d) through (g) as subsection (c) through (f), respectively; (6) in section 5322— (A) by striking (except section 5315, 5324, or 5336 of this title or a regulation prescribed under section 5315, 5324, or 5336) each place such term appears; and (B) in subsection (d)— (i) by striking , or any special measures imposed under section 5318A, ; and (ii) by striking or section 5318A ; (7) in section 5325(a), by inserting after $3,000 the following: (as such amount is annually adjusted by the Secretary to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor) ; (8) in section 5330(d)(1)— (A) in subparagraph (A), by adding and at the end; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B); (9) in section 5335— (A) by striking subsection (c); and (B) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; (10) by striking subchapter III; and (11) in the table of contents in chapter 53, by striking the items relating to— (A) sections 5313, 5314, 5315, 5316, 5317, 5318A, 5324, 5326, 5331, 5332, and 5336; and (B) subchapter III. 1102. Confidentiality of records—Government authorities Except as provided by subsection (c) or (d) of section 1103 or section 1113, no Government authority may have access to or obtain copies of, or the information contained in the financial records of any customer from a financial institution unless the financial records are reasonably described and such financial records are disclosed in response to a search warrant which meets the requirements of section 1106. 5311. Declaration of purpose It is the purpose of this subchapter to require financial institutions to retain transaction records that include information identified with or identifiable as being derived from the financial records of particular customers.
5,125
[ "Financial Services Committee" ]
118hr5816ih
118
hr
5,816
ih
To establish an Office of Eviction Prevention in the Department of Housing and Urban Development and to authorize funding for the Eviction Protection Grant Program of such Department, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Eviction Protection Act of 2023.", "id": "HD625AE47AB084339A1182B0E16DF3B21", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Establishment of Office of Eviction Prevention \n(a) In general \nSection 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following new subsection: (i) Office of Eviction Prevention \n(1) Establishment \nThere is established in the Department, in the Office of the Secretary, the Office of Eviction Prevention. (2) Director \nThere is established the position of Director of the Office of Eviction Prevention. The Director shall be the head of the Office of Eviction Prevention and shall be appointed by, and shall report to, the Secretary. Such position shall be a career-reserved position in the Senior Executive Service. (3) Mission \nThe mission of the Office of Eviction Prevention shall be to prevent evictions from rental housing and to protect tenants of such housing from the harm of evictions and eviction filings. (4) Functions \nThe Director shall have primary responsibility within the Department for all activities and matters relating to eviction prevention, including the following: (A) Administering the Eviction Protection Grant Program of the Department, including— (i) conducting a robust evaluation of grantees under the program and the activities undertaken under the program by grantees, and assessing whether such activities improved outcomes for tenants served by a grant, taking into consideration the differing tenant protections in States and localities; (ii) identifying, and reporting to the Congress on, best practices and activities for eviction protection, including identifying resources and funding needed to continue and replicate best practices and activities; and (iii) providing technical assistance and support to grantees under the program to provide them with training, expertise, best practices, and problem-solving strategies. (B) Analyzing and reporting on information gathered through the Eviction Protection Grant Program and other programs administered by the Office. (C) Coordinating with the Office of Policy Development and Research of the Department in establishing a database on evictions, which shall be administered by such Office and shall include such measures as may be necessary to protect against the release of personally identifiable information regarding tenants, analyzing information collected by such database, and reporting to the Congress regarding such analyses. (D) Coordinating strategies to prevent evictions and early lease terminations in housing programs administered by the Department, including through— (i) training offices and personnel of the Department on eviction prevention policies and programs and tenants rights; and (ii) coordinating with other offices of the Department, including the Office of Fair Housing and Equal Opportunity and the Office of Gender-Based Violence. (E) Collaborating with other Federal agencies, including the Office of Access to Justice of the Department of Justice, the Bureau of Consumer Financial Protection, the Department of Agriculture, the Department of the Treasury, the Department of Veterans Affairs, and the Department of Defense, to develop best practices for eviction prevention strategies within Federal programs and the private rental market. (F) Identifying strategies to prevent and reduce evictions across the United States, including— (i) collaborating with Federal agencies whose activities impact tenants in federally subsidized housing and housing in the private rental market, including the Federal Housing Finance Agency, the Bureau of Consumer Financial Protection, the Department of Justice, the Federal Trade Commission, the Department of Health and Human Services, the Department of Transportation, the United States Domestic Policy Council, and the National Economic Council; (ii) establishing a working group on eviction prevention to study and develop solutions to the national eviction crisis, which working group shall include representatives of agencies referred to in clause (i), tenant representatives, representatives of legal services providers, and grantees under the Eviction Protection Grant Program; (iii) providing technical assistance to housing providers, State and local governments, and other agencies on issues related to evictions and tenant protections; and (iv) coordinating with State and local governments and agencies, including State housing finance agencies, on such issues. (G) Conducting outreach to and engagement with tenants to— (i) provide education and information about tenant protections and available eviction prevention programs, including by developing resources and materials for tenants; (ii) collect complaints and feedback from tenants and community members on evictions and eviction-prevention programs; and (iii) refer complaints regarding evictions to appropriate Federal, State, and local agencies or organizations, including legal and other advocacy organizations, appropriate to address housing-related issues. (5) Covered evictions \nFor purposes of this subsection the term eviction includes the variety of processes and means by which landlords remove tenants from rental properties, including— (A) court-ordered evictions, including eviction filings, court-ordered eviction rulings, and any eviction actions that take place through the judicial system; (B) extra-legal evictions that do not involve the judicial system, commonly known as illegal, unlawful, informal, or self-help evictions, including threatening tenants, changing the locks on rental units, shutting off the utilities to such units, and paying tenants to surrender occupancy of a unit; (C) administrative actions by public housing agencies to evict residents of public housing; and (D) early lease terminations by housing providers receiving assistance from the Department of Housing and Urban Development.. (b) Transfer \nThe Secretary of Housing and Urban Development shall provide for the transfer of the administration of the Eviction Protection Grant Program of the Department, which as of the date of the enactment of this Act is the responsibility of the Office of Policy Development and Research, to the Director of the Office of Eviction Prevention established under section 4(i) of the Department of Housing and Urban Development Act, as added by the amendment made by subsection (a) of this section.", "id": "H43EB7CBEED634C14B857DFB4EFD91EAF", "header": "Establishment of Office of Eviction Prevention", "nested": [ { "text": "(a) In general \nSection 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following new subsection: (i) Office of Eviction Prevention \n(1) Establishment \nThere is established in the Department, in the Office of the Secretary, the Office of Eviction Prevention. (2) Director \nThere is established the position of Director of the Office of Eviction Prevention. The Director shall be the head of the Office of Eviction Prevention and shall be appointed by, and shall report to, the Secretary. Such position shall be a career-reserved position in the Senior Executive Service. (3) Mission \nThe mission of the Office of Eviction Prevention shall be to prevent evictions from rental housing and to protect tenants of such housing from the harm of evictions and eviction filings. (4) Functions \nThe Director shall have primary responsibility within the Department for all activities and matters relating to eviction prevention, including the following: (A) Administering the Eviction Protection Grant Program of the Department, including— (i) conducting a robust evaluation of grantees under the program and the activities undertaken under the program by grantees, and assessing whether such activities improved outcomes for tenants served by a grant, taking into consideration the differing tenant protections in States and localities; (ii) identifying, and reporting to the Congress on, best practices and activities for eviction protection, including identifying resources and funding needed to continue and replicate best practices and activities; and (iii) providing technical assistance and support to grantees under the program to provide them with training, expertise, best practices, and problem-solving strategies. (B) Analyzing and reporting on information gathered through the Eviction Protection Grant Program and other programs administered by the Office. (C) Coordinating with the Office of Policy Development and Research of the Department in establishing a database on evictions, which shall be administered by such Office and shall include such measures as may be necessary to protect against the release of personally identifiable information regarding tenants, analyzing information collected by such database, and reporting to the Congress regarding such analyses. (D) Coordinating strategies to prevent evictions and early lease terminations in housing programs administered by the Department, including through— (i) training offices and personnel of the Department on eviction prevention policies and programs and tenants rights; and (ii) coordinating with other offices of the Department, including the Office of Fair Housing and Equal Opportunity and the Office of Gender-Based Violence. (E) Collaborating with other Federal agencies, including the Office of Access to Justice of the Department of Justice, the Bureau of Consumer Financial Protection, the Department of Agriculture, the Department of the Treasury, the Department of Veterans Affairs, and the Department of Defense, to develop best practices for eviction prevention strategies within Federal programs and the private rental market. (F) Identifying strategies to prevent and reduce evictions across the United States, including— (i) collaborating with Federal agencies whose activities impact tenants in federally subsidized housing and housing in the private rental market, including the Federal Housing Finance Agency, the Bureau of Consumer Financial Protection, the Department of Justice, the Federal Trade Commission, the Department of Health and Human Services, the Department of Transportation, the United States Domestic Policy Council, and the National Economic Council; (ii) establishing a working group on eviction prevention to study and develop solutions to the national eviction crisis, which working group shall include representatives of agencies referred to in clause (i), tenant representatives, representatives of legal services providers, and grantees under the Eviction Protection Grant Program; (iii) providing technical assistance to housing providers, State and local governments, and other agencies on issues related to evictions and tenant protections; and (iv) coordinating with State and local governments and agencies, including State housing finance agencies, on such issues. (G) Conducting outreach to and engagement with tenants to— (i) provide education and information about tenant protections and available eviction prevention programs, including by developing resources and materials for tenants; (ii) collect complaints and feedback from tenants and community members on evictions and eviction-prevention programs; and (iii) refer complaints regarding evictions to appropriate Federal, State, and local agencies or organizations, including legal and other advocacy organizations, appropriate to address housing-related issues. (5) Covered evictions \nFor purposes of this subsection the term eviction includes the variety of processes and means by which landlords remove tenants from rental properties, including— (A) court-ordered evictions, including eviction filings, court-ordered eviction rulings, and any eviction actions that take place through the judicial system; (B) extra-legal evictions that do not involve the judicial system, commonly known as illegal, unlawful, informal, or self-help evictions, including threatening tenants, changing the locks on rental units, shutting off the utilities to such units, and paying tenants to surrender occupancy of a unit; (C) administrative actions by public housing agencies to evict residents of public housing; and (D) early lease terminations by housing providers receiving assistance from the Department of Housing and Urban Development..", "id": "HB2462489365E44EDB0D4A3ADCB3520E5", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 3533", "legal-doc": "usc", "parsable-cite": "usc/42/3533" } ] }, { "text": "(b) Transfer \nThe Secretary of Housing and Urban Development shall provide for the transfer of the administration of the Eviction Protection Grant Program of the Department, which as of the date of the enactment of this Act is the responsibility of the Office of Policy Development and Research, to the Director of the Office of Eviction Prevention established under section 4(i) of the Department of Housing and Urban Development Act, as added by the amendment made by subsection (a) of this section.", "id": "HEC20B7D03FBD4992AC15E168F5A83398", "header": "Transfer", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 3533", "legal-doc": "usc", "parsable-cite": "usc/42/3533" } ] }, { "text": "3. Authorization of appropriations \nThere is authorized to be appropriated— (1) $100,000,000 for each of fiscal years 2024 through 2028 for grants under the Eviction Protection Grant Program of the Department of Housing and Urban Development; and (2) $100,000,000 for each of fiscal years 2024 through 2028 for costs of personnel for and activities of the Office of Eviction Prevention.", "id": "HFF10430DFB014AD5B44469D618471F52", "header": "Authorization of appropriations", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Eviction Protection Act of 2023. 2. Establishment of Office of Eviction Prevention (a) In general Section 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following new subsection: (i) Office of Eviction Prevention (1) Establishment There is established in the Department, in the Office of the Secretary, the Office of Eviction Prevention. (2) Director There is established the position of Director of the Office of Eviction Prevention. The Director shall be the head of the Office of Eviction Prevention and shall be appointed by, and shall report to, the Secretary. Such position shall be a career-reserved position in the Senior Executive Service. (3) Mission The mission of the Office of Eviction Prevention shall be to prevent evictions from rental housing and to protect tenants of such housing from the harm of evictions and eviction filings. (4) Functions The Director shall have primary responsibility within the Department for all activities and matters relating to eviction prevention, including the following: (A) Administering the Eviction Protection Grant Program of the Department, including— (i) conducting a robust evaluation of grantees under the program and the activities undertaken under the program by grantees, and assessing whether such activities improved outcomes for tenants served by a grant, taking into consideration the differing tenant protections in States and localities; (ii) identifying, and reporting to the Congress on, best practices and activities for eviction protection, including identifying resources and funding needed to continue and replicate best practices and activities; and (iii) providing technical assistance and support to grantees under the program to provide them with training, expertise, best practices, and problem-solving strategies. (B) Analyzing and reporting on information gathered through the Eviction Protection Grant Program and other programs administered by the Office. (C) Coordinating with the Office of Policy Development and Research of the Department in establishing a database on evictions, which shall be administered by such Office and shall include such measures as may be necessary to protect against the release of personally identifiable information regarding tenants, analyzing information collected by such database, and reporting to the Congress regarding such analyses. (D) Coordinating strategies to prevent evictions and early lease terminations in housing programs administered by the Department, including through— (i) training offices and personnel of the Department on eviction prevention policies and programs and tenants rights; and (ii) coordinating with other offices of the Department, including the Office of Fair Housing and Equal Opportunity and the Office of Gender-Based Violence. (E) Collaborating with other Federal agencies, including the Office of Access to Justice of the Department of Justice, the Bureau of Consumer Financial Protection, the Department of Agriculture, the Department of the Treasury, the Department of Veterans Affairs, and the Department of Defense, to develop best practices for eviction prevention strategies within Federal programs and the private rental market. (F) Identifying strategies to prevent and reduce evictions across the United States, including— (i) collaborating with Federal agencies whose activities impact tenants in federally subsidized housing and housing in the private rental market, including the Federal Housing Finance Agency, the Bureau of Consumer Financial Protection, the Department of Justice, the Federal Trade Commission, the Department of Health and Human Services, the Department of Transportation, the United States Domestic Policy Council, and the National Economic Council; (ii) establishing a working group on eviction prevention to study and develop solutions to the national eviction crisis, which working group shall include representatives of agencies referred to in clause (i), tenant representatives, representatives of legal services providers, and grantees under the Eviction Protection Grant Program; (iii) providing technical assistance to housing providers, State and local governments, and other agencies on issues related to evictions and tenant protections; and (iv) coordinating with State and local governments and agencies, including State housing finance agencies, on such issues. (G) Conducting outreach to and engagement with tenants to— (i) provide education and information about tenant protections and available eviction prevention programs, including by developing resources and materials for tenants; (ii) collect complaints and feedback from tenants and community members on evictions and eviction-prevention programs; and (iii) refer complaints regarding evictions to appropriate Federal, State, and local agencies or organizations, including legal and other advocacy organizations, appropriate to address housing-related issues. (5) Covered evictions For purposes of this subsection the term eviction includes the variety of processes and means by which landlords remove tenants from rental properties, including— (A) court-ordered evictions, including eviction filings, court-ordered eviction rulings, and any eviction actions that take place through the judicial system; (B) extra-legal evictions that do not involve the judicial system, commonly known as illegal, unlawful, informal, or self-help evictions, including threatening tenants, changing the locks on rental units, shutting off the utilities to such units, and paying tenants to surrender occupancy of a unit; (C) administrative actions by public housing agencies to evict residents of public housing; and (D) early lease terminations by housing providers receiving assistance from the Department of Housing and Urban Development.. (b) Transfer The Secretary of Housing and Urban Development shall provide for the transfer of the administration of the Eviction Protection Grant Program of the Department, which as of the date of the enactment of this Act is the responsibility of the Office of Policy Development and Research, to the Director of the Office of Eviction Prevention established under section 4(i) of the Department of Housing and Urban Development Act, as added by the amendment made by subsection (a) of this section. 3. Authorization of appropriations There is authorized to be appropriated— (1) $100,000,000 for each of fiscal years 2024 through 2028 for grants under the Eviction Protection Grant Program of the Department of Housing and Urban Development; and (2) $100,000,000 for each of fiscal years 2024 through 2028 for costs of personnel for and activities of the Office of Eviction Prevention.
6,793
[ "Financial Services Committee" ]
118hr719ih
118
hr
719
ih
To amend the Labor Management Relations Act to prohibit neutrality agreements, and for other purposes.
[ { "text": "1. Prohibition on neutrality agreements \nSection 302 of the Labor Management Relations Act ( 29 U.S.C. 186 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking or deliver each place it appears and inserting provide, or deliver ; and (2) by adding at the end the following: (h) As used in this section, the term thing of value includes organizing assistance..", "id": "H835A707FF8684FD88C3BEDD0FC62B6DE", "header": "Prohibition on neutrality agreements", "nested": [], "links": [ { "text": "29 U.S.C. 186", "legal-doc": "usc", "parsable-cite": "usc/29/186" } ] } ]
1
1. Prohibition on neutrality agreements Section 302 of the Labor Management Relations Act ( 29 U.S.C. 186 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking or deliver each place it appears and inserting provide, or deliver ; and (2) by adding at the end the following: (h) As used in this section, the term thing of value includes organizing assistance..
393
[ "Education and the Workforce Committee" ]
118hr4161ih
118
hr
4,161
ih
To direct the Secretary of Transportation to establish an apprenticeship program for students at flight schools, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Pre-Pilot Pathway Act.", "id": "H00BA9F68C8A64FDF92789D95340A3994", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Apprenticeship program for pilots \n(a) Definitions \nIn this section: (1) Apprentice \nThe term apprentice means a student enrolled at a flight school. (2) Flight school \nThe term flight school means a flight academy certified under part 141 of title 14, Code of Federal Regulations. (3) Secretary \nThe term Secretary means the Secretary of Transportation. (b) Establishment \nThe Secretary, in consultation with flight schools and other industry stakeholders, shall establish an apprenticeship program with flight schools to establish a pipeline of qualified and interested individuals to become commercial pilots. (c) Selection \nUnder the apprenticeship program established under subsection (b), each flight school participating in the apprenticeship program established under subsection (b) may select up to 8 applicants to flight school to serve as apprentices each academic year. (d) Curriculum and requirements \n(1) In general \nTo graduate from an apprenticeship program established under subsection (b), an apprentice shall satisfy any relevant requirements and minimum curriculum under part 141 of title 14, Code of Federal Regulations (or successor regulations), including all curriculum under subpart C of such part. (2) Minimum requirements \nNothing in this Act prevents a flight school from imposing additional requirements, such as modifying the terms of service of the apprenticeship program, on an apprentice taking part in an apprenticeship program established pursuant to this section. (e) Optional program \nA flight school may choose not to participate in an apprenticeship program established under this section. (f) Regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to implement this Act. (g) Incentivizing retired pilots \nThe Secretary shall take such actions as may be appropriate to develop methods to incentivize pilots, including retired military pilots, retiring airline pilots, and graduates of the apprenticeship program established under this section, to become instructors at flight schools, including through the development of pathway programs for such pilots to gain initial qualification or concurrent qualification as certified flight instructors under part 61 of title 14, Code of Federal Regulations.", "id": "HD5F9F3F449CD4511B80C3811D3A5A1CE", "header": "Apprenticeship program for pilots", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Apprentice \nThe term apprentice means a student enrolled at a flight school. (2) Flight school \nThe term flight school means a flight academy certified under part 141 of title 14, Code of Federal Regulations. (3) Secretary \nThe term Secretary means the Secretary of Transportation.", "id": "H0B1EB2BA965C4BAD9A81287A30FA8825", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Establishment \nThe Secretary, in consultation with flight schools and other industry stakeholders, shall establish an apprenticeship program with flight schools to establish a pipeline of qualified and interested individuals to become commercial pilots.", "id": "H0D8A7FE94E3D4EE9A8F41E9D77C0EEC2", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Selection \nUnder the apprenticeship program established under subsection (b), each flight school participating in the apprenticeship program established under subsection (b) may select up to 8 applicants to flight school to serve as apprentices each academic year.", "id": "H530068923C1D41CCBFA3A4AD8FE0C7ED", "header": "Selection", "nested": [], "links": [] }, { "text": "(d) Curriculum and requirements \n(1) In general \nTo graduate from an apprenticeship program established under subsection (b), an apprentice shall satisfy any relevant requirements and minimum curriculum under part 141 of title 14, Code of Federal Regulations (or successor regulations), including all curriculum under subpart C of such part. (2) Minimum requirements \nNothing in this Act prevents a flight school from imposing additional requirements, such as modifying the terms of service of the apprenticeship program, on an apprentice taking part in an apprenticeship program established pursuant to this section.", "id": "H4CB7BB4CFAE343DDAFE0E6FD2891ABC7", "header": "Curriculum and requirements", "nested": [], "links": [] }, { "text": "(e) Optional program \nA flight school may choose not to participate in an apprenticeship program established under this section.", "id": "H38D360B87FFE46799892C6CD9F1D8220", "header": "Optional program", "nested": [], "links": [] }, { "text": "(f) Regulations \nNot later than 1 year after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to implement this Act.", "id": "HFE6B7AFC816942DC99639128E1892226", "header": "Regulations", "nested": [], "links": [] }, { "text": "(g) Incentivizing retired pilots \nThe Secretary shall take such actions as may be appropriate to develop methods to incentivize pilots, including retired military pilots, retiring airline pilots, and graduates of the apprenticeship program established under this section, to become instructors at flight schools, including through the development of pathway programs for such pilots to gain initial qualification or concurrent qualification as certified flight instructors under part 61 of title 14, Code of Federal Regulations.", "id": "HD561C6D62A864AC585AA0820349F7229", "header": "Incentivizing retired pilots", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Pre-Pilot Pathway Act. 2. Apprenticeship program for pilots (a) Definitions In this section: (1) Apprentice The term apprentice means a student enrolled at a flight school. (2) Flight school The term flight school means a flight academy certified under part 141 of title 14, Code of Federal Regulations. (3) Secretary The term Secretary means the Secretary of Transportation. (b) Establishment The Secretary, in consultation with flight schools and other industry stakeholders, shall establish an apprenticeship program with flight schools to establish a pipeline of qualified and interested individuals to become commercial pilots. (c) Selection Under the apprenticeship program established under subsection (b), each flight school participating in the apprenticeship program established under subsection (b) may select up to 8 applicants to flight school to serve as apprentices each academic year. (d) Curriculum and requirements (1) In general To graduate from an apprenticeship program established under subsection (b), an apprentice shall satisfy any relevant requirements and minimum curriculum under part 141 of title 14, Code of Federal Regulations (or successor regulations), including all curriculum under subpart C of such part. (2) Minimum requirements Nothing in this Act prevents a flight school from imposing additional requirements, such as modifying the terms of service of the apprenticeship program, on an apprentice taking part in an apprenticeship program established pursuant to this section. (e) Optional program A flight school may choose not to participate in an apprenticeship program established under this section. (f) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to implement this Act. (g) Incentivizing retired pilots The Secretary shall take such actions as may be appropriate to develop methods to incentivize pilots, including retired military pilots, retiring airline pilots, and graduates of the apprenticeship program established under this section, to become instructors at flight schools, including through the development of pathway programs for such pilots to gain initial qualification or concurrent qualification as certified flight instructors under part 61 of title 14, Code of Federal Regulations.
2,391
[ "Transportation and Infrastructure Committee" ]
118hr3864ih
118
hr
3,864
ih
To amend the Internal Revenue Code of 1986 to rename the standard deduction the guaranteed deduction, and to add a bonus amount to the guaranteed deduction for taxable years 2024 and 2025.
[ { "text": "1. Short title \nThis Act may be cited as the Working Families Tax Cut Act.", "id": "HFDA6C4450BC347EEAEF44668FBC2A1C2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Standard deduction renamed guaranteed deduction \n(a) In general \nSection 63 of the Internal Revenue Code of 1986 is amended— (1) by striking standard deduction each place it appears and inserting guaranteed deduction , and (2) in subsection (c)— (A) in the heading, by striking Standard deduction and inserting Guaranteed deduction , (B) in the heading of paragraph (2), by striking standard deduction and inserting guaranteed deduction , (C) in the heading of paragraph (3), by striking standard deduction and inserting guaranteed deduction , (D) in the heading of paragraph (5), by striking standard deduction and inserting guaranteed deduction , (E) in the heading of paragraph (6), by striking standard deduction and inserting guaranteed deduction , and (F) in the heading of paragraph (7)(A), by striking standard deduction and inserting guaranteed deduction. (b) Conforming amendments \n(1) Section 1(g)(4)(A) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (2) Section 56(b)(1)(D) of such Code is amended— (A) in the heading, by striking Standard deduction and inserting Guaranteed deduction , and (B) by striking standard deduction and inserting guaranteed deduction. (3) Section 861(b) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (4) Section 862(b) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (5) Section 1398(c) of such Code is amended— (A) in the heading, by striking standard deduction and inserting guaranteed deduction , (B) in the heading of paragraph (3), by striking standard deduction and inserting guaranteed deduction , and (C) by striking standard deduction and inserting guaranteed deduction. (6) Section 3402 of such Code is amended by striking standard deduction each place it appears and inserting guaranteed deduction. (7) Section 6012 of such Code is amended by striking standard deduction each place it appears and inserting guaranteed deduction. (8) Section 6013(b)(3)(A) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (9) Section 6014(b)(4) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (10) Section 6334 of such Code is amended by striking standard deduction each place it appears and inserting guaranteed deduction. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H302A27936BEA44499C6AD43F2E68FF89", "header": "Standard deduction renamed guaranteed deduction", "nested": [ { "text": "(a) In general \nSection 63 of the Internal Revenue Code of 1986 is amended— (1) by striking standard deduction each place it appears and inserting guaranteed deduction , and (2) in subsection (c)— (A) in the heading, by striking Standard deduction and inserting Guaranteed deduction , (B) in the heading of paragraph (2), by striking standard deduction and inserting guaranteed deduction , (C) in the heading of paragraph (3), by striking standard deduction and inserting guaranteed deduction , (D) in the heading of paragraph (5), by striking standard deduction and inserting guaranteed deduction , (E) in the heading of paragraph (6), by striking standard deduction and inserting guaranteed deduction , and (F) in the heading of paragraph (7)(A), by striking standard deduction and inserting guaranteed deduction.", "id": "H71E77798B37D4E7B83284B6508843AAF", "header": "In general", "nested": [], "links": [ { "text": "Section 63", "legal-doc": "usc", "parsable-cite": "usc/26/63" } ] }, { "text": "(b) Conforming amendments \n(1) Section 1(g)(4)(A) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (2) Section 56(b)(1)(D) of such Code is amended— (A) in the heading, by striking Standard deduction and inserting Guaranteed deduction , and (B) by striking standard deduction and inserting guaranteed deduction. (3) Section 861(b) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (4) Section 862(b) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (5) Section 1398(c) of such Code is amended— (A) in the heading, by striking standard deduction and inserting guaranteed deduction , (B) in the heading of paragraph (3), by striking standard deduction and inserting guaranteed deduction , and (C) by striking standard deduction and inserting guaranteed deduction. (6) Section 3402 of such Code is amended by striking standard deduction each place it appears and inserting guaranteed deduction. (7) Section 6012 of such Code is amended by striking standard deduction each place it appears and inserting guaranteed deduction. (8) Section 6013(b)(3)(A) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (9) Section 6014(b)(4) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (10) Section 6334 of such Code is amended by striking standard deduction each place it appears and inserting guaranteed deduction.", "id": "HDEAEFF539C6F4EF2B4DB18772EFEBF63", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H71D35A567473406A94B19F40A2699E46", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 63", "legal-doc": "usc", "parsable-cite": "usc/26/63" } ] }, { "text": "3. Bonus guaranteed deduction for 2024 and 2025 \n(a) In general \nSection 63(c) of the Internal Revenue Code of 1986 (as amended by section 2) is amended by adding at the end the following new paragraph: (8) Bonus guaranteed deduction for taxable years 2024 and 2025 \n(A) In general \nIn the case of a taxable year beginning after December 31, 2023, and before January 1, 2026, the guaranteed deduction shall be increased by the amount of the bonus guaranteed deduction. (B) Bonus guaranteed deduction \nFor purposes of this paragraph, the bonus guaranteed deduction is— (i) $4,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), (ii) $3,000 in the case of a head of household, and (iii) $2,000 in any other case. (C) Adjustment for inflation \nIn the case of a taxable year beginning after 2024, each dollar amount in subparagraph (B) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2023 for 2016 in subparagraph (A)(ii) thereof. If any increase under this subparagraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (D) Limitation on bonus guaranteed deduction based on modified adjusted gross income \n(i) In general \nThe bonus guaranteed deduction determined under subparagraph (B) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's modified adjusted gross income as exceeds the threshold amount. For purposes of the preceding sentence, the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (ii) Threshold amount \nFor purposes of clause (i), the threshold amount is— (I) $400,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), (II) $300,000 in the case of a head of household, and (III) $200,000 in any other case.. (b) Effective date \nThe amendments made by this subsection shall apply to taxable years beginning after December 31, 2023.", "id": "HA03B41BB34B24E84A3BF5101893A063C", "header": "Bonus guaranteed deduction for 2024 and 2025", "nested": [ { "text": "(a) In general \nSection 63(c) of the Internal Revenue Code of 1986 (as amended by section 2) is amended by adding at the end the following new paragraph: (8) Bonus guaranteed deduction for taxable years 2024 and 2025 \n(A) In general \nIn the case of a taxable year beginning after December 31, 2023, and before January 1, 2026, the guaranteed deduction shall be increased by the amount of the bonus guaranteed deduction. (B) Bonus guaranteed deduction \nFor purposes of this paragraph, the bonus guaranteed deduction is— (i) $4,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), (ii) $3,000 in the case of a head of household, and (iii) $2,000 in any other case. (C) Adjustment for inflation \nIn the case of a taxable year beginning after 2024, each dollar amount in subparagraph (B) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2023 for 2016 in subparagraph (A)(ii) thereof. If any increase under this subparagraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (D) Limitation on bonus guaranteed deduction based on modified adjusted gross income \n(i) In general \nThe bonus guaranteed deduction determined under subparagraph (B) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's modified adjusted gross income as exceeds the threshold amount. For purposes of the preceding sentence, the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (ii) Threshold amount \nFor purposes of clause (i), the threshold amount is— (I) $400,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), (II) $300,000 in the case of a head of household, and (III) $200,000 in any other case..", "id": "HF348BB6150B644C5B5C3E1B61EE4299E", "header": "In general", "nested": [], "links": [ { "text": "Section 63(c)", "legal-doc": "usc", "parsable-cite": "usc/26/63" } ] }, { "text": "(b) Effective date \nThe amendments made by this subsection shall apply to taxable years beginning after December 31, 2023.", "id": "HDA225495AF504B749B597617DC1AB571", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 63(c)", "legal-doc": "usc", "parsable-cite": "usc/26/63" } ] } ]
3
1. Short title This Act may be cited as the Working Families Tax Cut Act. 2. Standard deduction renamed guaranteed deduction (a) In general Section 63 of the Internal Revenue Code of 1986 is amended— (1) by striking standard deduction each place it appears and inserting guaranteed deduction , and (2) in subsection (c)— (A) in the heading, by striking Standard deduction and inserting Guaranteed deduction , (B) in the heading of paragraph (2), by striking standard deduction and inserting guaranteed deduction , (C) in the heading of paragraph (3), by striking standard deduction and inserting guaranteed deduction , (D) in the heading of paragraph (5), by striking standard deduction and inserting guaranteed deduction , (E) in the heading of paragraph (6), by striking standard deduction and inserting guaranteed deduction , and (F) in the heading of paragraph (7)(A), by striking standard deduction and inserting guaranteed deduction. (b) Conforming amendments (1) Section 1(g)(4)(A) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (2) Section 56(b)(1)(D) of such Code is amended— (A) in the heading, by striking Standard deduction and inserting Guaranteed deduction , and (B) by striking standard deduction and inserting guaranteed deduction. (3) Section 861(b) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (4) Section 862(b) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (5) Section 1398(c) of such Code is amended— (A) in the heading, by striking standard deduction and inserting guaranteed deduction , (B) in the heading of paragraph (3), by striking standard deduction and inserting guaranteed deduction , and (C) by striking standard deduction and inserting guaranteed deduction. (6) Section 3402 of such Code is amended by striking standard deduction each place it appears and inserting guaranteed deduction. (7) Section 6012 of such Code is amended by striking standard deduction each place it appears and inserting guaranteed deduction. (8) Section 6013(b)(3)(A) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (9) Section 6014(b)(4) of such Code is amended by striking standard deduction and inserting guaranteed deduction. (10) Section 6334 of such Code is amended by striking standard deduction each place it appears and inserting guaranteed deduction. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 3. Bonus guaranteed deduction for 2024 and 2025 (a) In general Section 63(c) of the Internal Revenue Code of 1986 (as amended by section 2) is amended by adding at the end the following new paragraph: (8) Bonus guaranteed deduction for taxable years 2024 and 2025 (A) In general In the case of a taxable year beginning after December 31, 2023, and before January 1, 2026, the guaranteed deduction shall be increased by the amount of the bonus guaranteed deduction. (B) Bonus guaranteed deduction For purposes of this paragraph, the bonus guaranteed deduction is— (i) $4,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), (ii) $3,000 in the case of a head of household, and (iii) $2,000 in any other case. (C) Adjustment for inflation In the case of a taxable year beginning after 2024, each dollar amount in subparagraph (B) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2023 for 2016 in subparagraph (A)(ii) thereof. If any increase under this subparagraph is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50. (D) Limitation on bonus guaranteed deduction based on modified adjusted gross income (i) In general The bonus guaranteed deduction determined under subparagraph (B) shall be reduced (but not below zero) by 5 percent of so much of the taxpayer's modified adjusted gross income as exceeds the threshold amount. For purposes of the preceding sentence, the term modified adjusted gross income means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (ii) Threshold amount For purposes of clause (i), the threshold amount is— (I) $400,000 in the case of a joint return or a surviving spouse (as defined in section 2(a)), (II) $300,000 in the case of a head of household, and (III) $200,000 in any other case.. (b) Effective date The amendments made by this subsection shall apply to taxable years beginning after December 31, 2023.
4,732
[ "Ways and Means Committee" ]
118hr7204ih
118
hr
7,204
ih
To amend the Water Resources Development Act of 2007 with respect to the Susquehanna, Delaware, and Potomac River Basin Commissions, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Ensure Funding for Our Environment Act.", "id": "HDAD6E2464BDC4C36983EC24C9A61D0D8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Susquehanna, Delaware, and Potomac River Basin Commissions \nSection 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201; 128 Stat. 1307) is amended— (1) in subsection (a)(3), by inserting , who may be the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) (or a designee), after member ; and (2) in subsection (b)— (A) in paragraph (1), by striking The Secretary and inserting Subject to the availability of appropriations, the Administrator ; (B) in paragraph (2), by striking For each fiscal year, the Secretary and inserting Subject to the availability of appropriations, for each fiscal year, the Administrator ; and (C) in paragraph (3), by striking Secretary each place it appears and inserting Administrator.", "id": "H6BC063C280B645A4B918B6C3CF9913F1", "header": "Susquehanna, Delaware, and Potomac River Basin Commissions", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Ensure Funding for Our Environment Act. 2. Susquehanna, Delaware, and Potomac River Basin Commissions Section 5019 of the Water Resources Development Act of 2007 (121 Stat. 1201; 128 Stat. 1307) is amended— (1) in subsection (a)(3), by inserting , who may be the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) (or a designee), after member ; and (2) in subsection (b)— (A) in paragraph (1), by striking The Secretary and inserting Subject to the availability of appropriations, the Administrator ; (B) in paragraph (2), by striking For each fiscal year, the Secretary and inserting Subject to the availability of appropriations, for each fiscal year, the Administrator ; and (C) in paragraph (3), by striking Secretary each place it appears and inserting Administrator.
873
[ "Transportation and Infrastructure Committee" ]
118hr3406ih
118
hr
3,406
ih
To amend title 5, United States Code, to prohibit qualified professional asset managers from exercising voting rights associated with the ownership of securities by the Thrift Savings Fund.
[ { "text": "1. Short title \nThis Act may be cited as the Stop TSP ESG Act.", "id": "H2C2F885F601F423E88795838654AA786", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on exercising voting rights associated with the ownership of securities by the Thrift Savings Fund \nSection 8438(f) of title 5, United States Code, is amended by inserting a qualified professional asset manager, after The Board,.", "id": "HCDA5DB30C87244488F146D6A7D7AA64D", "header": "Prohibition on exercising voting rights associated with the ownership of securities by the Thrift Savings Fund", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Stop TSP ESG Act. 2. Prohibition on exercising voting rights associated with the ownership of securities by the Thrift Savings Fund Section 8438(f) of title 5, United States Code, is amended by inserting a qualified professional asset manager, after The Board,.
307
[ "Oversight and Accountability Committee" ]
118hr5494ih
118
hr
5,494
ih
To amend the Communications Act of 1934 to improve access by Indian Tribes to support from universal service programs of the Federal Communications Commission, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Tribal Connect Act of 2023.", "id": "H93F0A51F271540B7A4D648A86109D38C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Tribal essential community-serving institutions and universal service support \nSection 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) is amended— (1) in subsection (h)(4), by inserting , except as provided in subsection (m)(2)(C), before is a library or library consortium ; and (2) by adding at the end the following: (m) Tribal essential community-Serving institutions and universal service support \n(1) Definitions \nIn this subsection— (A) the term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation); (B) the term E-rate program means the universal service support mechanism for schools and libraries authorized under subsection (h)(1)(B), the rules of which are set forth under subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulations), as authorized under subsection (h)(2)(A); (C) the term essential community-serving institution means a facility exclusively owned by an Indian Tribe, including— (i) a Tribal government building, chapter house, longhouse, community center, senior center, or after-school facility; or (ii) any other public building similar to a building described in clause (i); (D) the term High-Cost Program means the program under which universal service support is awarded in high-cost areas in accordance with subpart D of part 54 of title 47, Code of Federal Regulations (or any successor regulations), as authorized under subsection (e); and (E) 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 ). (2) Tribal essential community-serving institution pilot program \n(A) In general \nNot later than 180 days after the date of enactment of the Tribal Connect Act of 2023 , the Commission, in consultation with the Institute of Museum and Library Services and any other agency with relevant responsibilities, shall initiate, as part of the universal service support programs carried out under this section, either as part of the High-Cost Program or as a standalone universal service pilot program, a pilot program to be known as the Tribal Essential Community-Serving Institution Program — (i) under which the Commission shall— (I) provide an opportunity for Indian Tribes to request broadband internet access service at essential community-serving institutions located on Tribal land; and (II) authorize support for the development of infrastructure to provide the services requested under subclause (I) in a manner similar to the deployment supported under the High-Cost Program; and (ii) which shall remain in effect through the end of fiscal year 2027. (B) Eligibility \nUniversal service support obtained under this paragraph shall only be available if the applicable essential community-serving institution intends to deliver publicly available broadband internet access service and telecommunications services to students, teachers, librarians, and members of the community. (C) Eligibility for support after the pilot program \nAn essential community-serving institution that receives universal service support under this paragraph shall, after the conclusion of the pilot program described in subparagraph (A), be eligible for universal service support through existing (as of the date on which that pilot program concludes) and future universal service fund programs. (D) Use of contributions \nOf amounts collected under subsection (d), not more than $300,000,000 shall be made available to carry out the pilot program described in subparagraph (A). (3) Training and technical assistance for Indian Tribes and essential community-serving institutions \n(A) Technical assistance; annual reports \n(i) In general \nThe Commission shall— (I) direct the administrator of the universal service support programs under this section to— (aa) provide technical assistance to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, including by conducting— (AA) outreach efforts targeted to Tribal schools and libraries, essential community-serving institutions, and Indian Tribes that do not have schools and libraries to promote awareness of the E-rate program and the pilot program described in paragraph (2)(A); and (BB) specific training programs for Tribal schools and libraries, essential community-serving institutions, and Indian Tribes; and (bb) submit to the Commission an annual report regarding the provision of the technical assistance required under item (aa) during the year covered by the report; and (II) submit each annual report received under subclause (I)(bb) to— (aa) the Committee on Commerce, Science, and Transportation of the Senate; (bb) the Committee on Indian Affairs of the Senate; (cc) the Committee on Energy and Commerce of the House of Representatives; and (dd) the Committee on Natural Resources of the House of Representatives. (ii) Authorization of appropriations \nThere are authorized to be appropriated $25,000,000 to provide the technical assistance required under clause (i)(I)(aa) for fiscal years 2024 through 2027. (B) Review of annual reports \nThe Commission shall— (i) review each annual report received under subparagraph (A)(i)(I)(bb) to determine whether additional steps are necessary to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, so that all students who are members of Indian Tribes can have access to robust, high-speed broadband internet access service connections; and (ii) in conducting a review required under clause (i), consider the resources available to Tribal members through the entity responsible for administering the universal service programs established under this section. (C) Grants \n(i) In general \nThe Institute of Museum and Library Services shall make direct grants to essential community-serving institutions, including Tribal libraries and schools, and Indian Tribes for technical assistance initiatives regarding the application process for the E-rate program and the pilot program established under paragraph (2)(A). (ii) Coordination \nThe Institute of Museum and Library Services shall coordinate with the Commission and the entity responsible for administering the universal service programs established under this section to— (I) promote public awareness of the grants described in clause (i); and (II) adjudicate application decisions relating to the grants described in clause (i). (iii) Authorization of appropriations \nThere are authorized to be appropriated $25,000,000 to make the grants described in clause (i). (4) Coordination and performance measurement \nThe Commission shall— (A) improve the reliability of the data of the Commission relating to institutions that receive universal service support by defining the term Tribal on the application for any such support; (B) develop performance goals and measures to track progress on achieving the strategic objective of the Commission of ensuring that all Indian Tribes have affordable access to broadband internet access service for educational purposes for students, teachers, librarians, and members of the community; (C) in coordination with the Institute of Museum and Library Services, identify, in the United States, all— (i) Tribal libraries; (ii) developing Tribal libraries; and (iii) Indian Tribes without adequate library services; and (D) not later than 2 years after the date of enactment of the Tribal Connect Act of 2023 , submit to Congress and make public a report on the goals and measures developed under subparagraph (B) and the list of libraries and Indian Tribes identified under subparagraph (C)..", "id": "HFC075328786541DFB09E514F550147B0", "header": "Tribal essential community-serving institutions and universal service support", "nested": [], "links": [ { "text": "47 U.S.C. 254", "legal-doc": "usc", "parsable-cite": "usc/47/254" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ]
2
1. Short title This Act may be cited as the Tribal Connect Act of 2023. 2. Tribal essential community-serving institutions and universal service support Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) is amended— (1) in subsection (h)(4), by inserting , except as provided in subsection (m)(2)(C), before is a library or library consortium ; and (2) by adding at the end the following: (m) Tribal essential community-Serving institutions and universal service support (1) Definitions In this subsection— (A) the term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation); (B) the term E-rate program means the universal service support mechanism for schools and libraries authorized under subsection (h)(1)(B), the rules of which are set forth under subpart F of part 54 of title 47, Code of Federal Regulations (or any successor regulations), as authorized under subsection (h)(2)(A); (C) the term essential community-serving institution means a facility exclusively owned by an Indian Tribe, including— (i) a Tribal government building, chapter house, longhouse, community center, senior center, or after-school facility; or (ii) any other public building similar to a building described in clause (i); (D) the term High-Cost Program means the program under which universal service support is awarded in high-cost areas in accordance with subpart D of part 54 of title 47, Code of Federal Regulations (or any successor regulations), as authorized under subsection (e); and (E) 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 ). (2) Tribal essential community-serving institution pilot program (A) In general Not later than 180 days after the date of enactment of the Tribal Connect Act of 2023 , the Commission, in consultation with the Institute of Museum and Library Services and any other agency with relevant responsibilities, shall initiate, as part of the universal service support programs carried out under this section, either as part of the High-Cost Program or as a standalone universal service pilot program, a pilot program to be known as the Tribal Essential Community-Serving Institution Program — (i) under which the Commission shall— (I) provide an opportunity for Indian Tribes to request broadband internet access service at essential community-serving institutions located on Tribal land; and (II) authorize support for the development of infrastructure to provide the services requested under subclause (I) in a manner similar to the deployment supported under the High-Cost Program; and (ii) which shall remain in effect through the end of fiscal year 2027. (B) Eligibility Universal service support obtained under this paragraph shall only be available if the applicable essential community-serving institution intends to deliver publicly available broadband internet access service and telecommunications services to students, teachers, librarians, and members of the community. (C) Eligibility for support after the pilot program An essential community-serving institution that receives universal service support under this paragraph shall, after the conclusion of the pilot program described in subparagraph (A), be eligible for universal service support through existing (as of the date on which that pilot program concludes) and future universal service fund programs. (D) Use of contributions Of amounts collected under subsection (d), not more than $300,000,000 shall be made available to carry out the pilot program described in subparagraph (A). (3) Training and technical assistance for Indian Tribes and essential community-serving institutions (A) Technical assistance; annual reports (i) In general The Commission shall— (I) direct the administrator of the universal service support programs under this section to— (aa) provide technical assistance to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, including by conducting— (AA) outreach efforts targeted to Tribal schools and libraries, essential community-serving institutions, and Indian Tribes that do not have schools and libraries to promote awareness of the E-rate program and the pilot program described in paragraph (2)(A); and (BB) specific training programs for Tribal schools and libraries, essential community-serving institutions, and Indian Tribes; and (bb) submit to the Commission an annual report regarding the provision of the technical assistance required under item (aa) during the year covered by the report; and (II) submit each annual report received under subclause (I)(bb) to— (aa) the Committee on Commerce, Science, and Transportation of the Senate; (bb) the Committee on Indian Affairs of the Senate; (cc) the Committee on Energy and Commerce of the House of Representatives; and (dd) the Committee on Natural Resources of the House of Representatives. (ii) Authorization of appropriations There are authorized to be appropriated $25,000,000 to provide the technical assistance required under clause (i)(I)(aa) for fiscal years 2024 through 2027. (B) Review of annual reports The Commission shall— (i) review each annual report received under subparagraph (A)(i)(I)(bb) to determine whether additional steps are necessary to ensure that Indian Tribes can participate fully and effectively in the universal service programs, including the E-rate program, so that all students who are members of Indian Tribes can have access to robust, high-speed broadband internet access service connections; and (ii) in conducting a review required under clause (i), consider the resources available to Tribal members through the entity responsible for administering the universal service programs established under this section. (C) Grants (i) In general The Institute of Museum and Library Services shall make direct grants to essential community-serving institutions, including Tribal libraries and schools, and Indian Tribes for technical assistance initiatives regarding the application process for the E-rate program and the pilot program established under paragraph (2)(A). (ii) Coordination The Institute of Museum and Library Services shall coordinate with the Commission and the entity responsible for administering the universal service programs established under this section to— (I) promote public awareness of the grants described in clause (i); and (II) adjudicate application decisions relating to the grants described in clause (i). (iii) Authorization of appropriations There are authorized to be appropriated $25,000,000 to make the grants described in clause (i). (4) Coordination and performance measurement The Commission shall— (A) improve the reliability of the data of the Commission relating to institutions that receive universal service support by defining the term Tribal on the application for any such support; (B) develop performance goals and measures to track progress on achieving the strategic objective of the Commission of ensuring that all Indian Tribes have affordable access to broadband internet access service for educational purposes for students, teachers, librarians, and members of the community; (C) in coordination with the Institute of Museum and Library Services, identify, in the United States, all— (i) Tribal libraries; (ii) developing Tribal libraries; and (iii) Indian Tribes without adequate library services; and (D) not later than 2 years after the date of enactment of the Tribal Connect Act of 2023 , submit to Congress and make public a report on the goals and measures developed under subparagraph (B) and the list of libraries and Indian Tribes identified under subparagraph (C)..
7,860
[ "Energy and Commerce Committee" ]
118hr4456ih
118
hr
4,456
ih
To allow certain students, including those who have an expected family contribution of zero, to qualify for supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008.
[ { "text": "1. Short title \nThis Act may be cited as the Overcoming Higher Education Hunger Through the Supplemental Nutrition Assistance Program Act of 2023 or the OHH SNAP Act of 2023.", "id": "H386AB847DD2F4A1BB6DB8111CF2A13DD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. SNAP treatment of living expenses included in educational loans \nSection 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (d)— (A) in paragraph (3)(B) by striking other than and inserting including ; and (B) in the proviso of paragraph (5) by striking , and no portion and all that follows through expenses, ; and (2) in subsection (k)— (A) by striking paragraph (3); and (B) by redesignating paragraph (4) as paragraph (3).", "id": "HF2E71227094D4AEDAB6C99F5DBFE6E0D", "header": "SNAP treatment of living expenses included in educational loans", "nested": [], "links": [ { "text": "7 U.S.C. 2014", "legal-doc": "usc", "parsable-cite": "usc/7/2014" } ] }, { "text": "3. Eligibility of students to participate in the supplemental nutrition assistance program \nSection 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended— (1) in subsection (e)— (A) in paragraph (4), by striking employed and inserting attending an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) or employed, in the aggregate, ; (B) in paragraph (7), by striking or at the end; (C) in paragraph (8), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (9) has an expected family contribution of zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087kk–1087vv ); or (10) is determined to be independent based on one of the criteria specified in subparagraphs (B), (C), (D), (G), and (H) of section 480(d)(1) of the Higher Education Act ( 20 U.S.C. 1087vv ). ; and (2) in subsection (o)(2)(A), by striking work and inserting attending an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) or work, in the aggregate,.", "id": "H05D207BD7154499EB2BBDB16BAB2BBA7", "header": "Eligibility of students to participate in the supplemental nutrition assistance program", "nested": [], "links": [ { "text": "7 U.S.C. 2015", "legal-doc": "usc", "parsable-cite": "usc/7/2015" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 1087kk–1087vv", "legal-doc": "usc", "parsable-cite": "usc/20/1087kk-1087vv" }, { "text": "20 U.S.C. 1087vv", "legal-doc": "usc", "parsable-cite": "usc/20/1087vv" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "4. Effective date; application of amendments \n(a) Effective date \nExcept as provided in subsection (b), this Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. (b) Application of amendments \nThe amendments made by this Act shall not apply with respect to certification periods that begin before the effective date of this Act.", "id": "HA87A17E9803B4B61B1A17194C5443A4D", "header": " Effective date; application of amendments", "nested": [ { "text": "(a) Effective date \nExcept as provided in subsection (b), this Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.", "id": "H7D1964EA6C9A47C1A2CE4BC7937E65F6", "header": " Effective date", "nested": [], "links": [] }, { "text": "(b) Application of amendments \nThe amendments made by this Act shall not apply with respect to certification periods that begin before the effective date of this Act.", "id": "HD84FE6A7E87B40B58F229102C6D0E71D", "header": "Application of amendments", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Overcoming Higher Education Hunger Through the Supplemental Nutrition Assistance Program Act of 2023 or the OHH SNAP Act of 2023. 2. SNAP treatment of living expenses included in educational loans Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (d)— (A) in paragraph (3)(B) by striking other than and inserting including ; and (B) in the proviso of paragraph (5) by striking , and no portion and all that follows through expenses, ; and (2) in subsection (k)— (A) by striking paragraph (3); and (B) by redesignating paragraph (4) as paragraph (3). 3. Eligibility of students to participate in the supplemental nutrition assistance program Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended— (1) in subsection (e)— (A) in paragraph (4), by striking employed and inserting attending an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) or employed, in the aggregate, ; (B) in paragraph (7), by striking or at the end; (C) in paragraph (8), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (9) has an expected family contribution of zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087kk–1087vv ); or (10) is determined to be independent based on one of the criteria specified in subparagraphs (B), (C), (D), (G), and (H) of section 480(d)(1) of the Higher Education Act ( 20 U.S.C. 1087vv ). ; and (2) in subsection (o)(2)(A), by striking work and inserting attending an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) or work, in the aggregate,. 4. Effective date; application of amendments (a) Effective date Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. (b) Application of amendments The amendments made by this Act shall not apply with respect to certification periods that begin before the effective date of this Act.
2,213
[ "Agriculture Committee" ]
118hr226ih
118
hr
226
ih
To direct the Secretary of Veterans Affairs to carry out a pilot program to promote and encourage collaboration between the Department of Veterans Affairs and nonprofit organizations and institutions of higher learning that provide administrative assistance to veterans.
[ { "text": "1. Short title \nThis Act may be cited as the Veterans Collaboration Act.", "id": "HD5D93F67F6E741A6B1ACCADC566D4CDD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Pilot program on collaboration with nonprofit organizations \n(a) In general \nThe Secretary of Veterans Affairs shall carry out a two-year pilot program to promote and encourage collaboration between the Department of Veterans Affairs and nonprofit organizations and institutions of higher learning. In carrying out the pilot program, the Secretary shall emphasize collaboration with— (1) veterans service organizations that provide personnel with appropriate credentials to assist veterans in filing claims and appeals with the Department for disability compensation; and (2) educational institutions that provide pro bono legal assistance to veterans. (b) Metrics \nThe Secretary shall establish metrics to determine which organizations and institutions provide the best service to veterans and seek to encourage such organizations and institutions to participate in the pilot program. (c) Location \nThe Secretary shall carry out the pilot program in States with the highest veteran populations, as determined by the Secretary. (d) Use of social media \nIn carrying out the pilot program, the Secretary shall use social media to promote the collaboration efforts carried out under the pilot program and to notify veterans of such collaborations. Quarterly reports will be provided to members of the Veterans’ Affairs Committee that document the reach of the social media efforts and the number of veterans who use the program. (e) Reports \nNot later than 30 days after the end of a fiscal quarter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the pilot program, including the use of social media under subsection (d) and the number of veterans who receive administrative assistance from organizations and institutions through the program.", "id": "HC1A64CE4DFD34F66BEE38CB2AF8969DF", "header": "Pilot program on collaboration with nonprofit organizations", "nested": [ { "text": "(a) In general \nThe Secretary of Veterans Affairs shall carry out a two-year pilot program to promote and encourage collaboration between the Department of Veterans Affairs and nonprofit organizations and institutions of higher learning. In carrying out the pilot program, the Secretary shall emphasize collaboration with— (1) veterans service organizations that provide personnel with appropriate credentials to assist veterans in filing claims and appeals with the Department for disability compensation; and (2) educational institutions that provide pro bono legal assistance to veterans.", "id": "HD058C917170A40BBA3F983DA439DA86D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Metrics \nThe Secretary shall establish metrics to determine which organizations and institutions provide the best service to veterans and seek to encourage such organizations and institutions to participate in the pilot program.", "id": "H46E026A1CFAE416AAD6DA9CEFF6EA80E", "header": "Metrics", "nested": [], "links": [] }, { "text": "(c) Location \nThe Secretary shall carry out the pilot program in States with the highest veteran populations, as determined by the Secretary.", "id": "H40092C25FC484E82837E123801EF2502", "header": "Location", "nested": [], "links": [] }, { "text": "(d) Use of social media \nIn carrying out the pilot program, the Secretary shall use social media to promote the collaboration efforts carried out under the pilot program and to notify veterans of such collaborations. Quarterly reports will be provided to members of the Veterans’ Affairs Committee that document the reach of the social media efforts and the number of veterans who use the program.", "id": "HE1DB42B240AE468F97CA241918E57924", "header": "Use of social media", "nested": [], "links": [] }, { "text": "(e) Reports \nNot later than 30 days after the end of a fiscal quarter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the pilot program, including the use of social media under subsection (d) and the number of veterans who receive administrative assistance from organizations and institutions through the program.", "id": "HF6B86A0CE8E64235B926D72C5349980C", "header": "Reports", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Veterans Collaboration Act. 2. Pilot program on collaboration with nonprofit organizations (a) In general The Secretary of Veterans Affairs shall carry out a two-year pilot program to promote and encourage collaboration between the Department of Veterans Affairs and nonprofit organizations and institutions of higher learning. In carrying out the pilot program, the Secretary shall emphasize collaboration with— (1) veterans service organizations that provide personnel with appropriate credentials to assist veterans in filing claims and appeals with the Department for disability compensation; and (2) educational institutions that provide pro bono legal assistance to veterans. (b) Metrics The Secretary shall establish metrics to determine which organizations and institutions provide the best service to veterans and seek to encourage such organizations and institutions to participate in the pilot program. (c) Location The Secretary shall carry out the pilot program in States with the highest veteran populations, as determined by the Secretary. (d) Use of social media In carrying out the pilot program, the Secretary shall use social media to promote the collaboration efforts carried out under the pilot program and to notify veterans of such collaborations. Quarterly reports will be provided to members of the Veterans’ Affairs Committee that document the reach of the social media efforts and the number of veterans who use the program. (e) Reports Not later than 30 days after the end of a fiscal quarter, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the pilot program, including the use of social media under subsection (d) and the number of veterans who receive administrative assistance from organizations and institutions through the program.
1,893
[ "Veterans' Affairs Committee" ]
118hr2009ih
118
hr
2,009
ih
To provide for a limitation on availability of funds for Department of Health and Human Services, The Administration for Children and Families, Refugee and Entrant Assistance for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of Health and Human Services, The Administration for Children and Families, Refugee and Entrant Assistance for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Health and Human Services, The Administration for Children and Families, Refugee and Entrant Assistance for fiscal year 2024 may not exceed $1,905,201,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Department of Health and Human Services, The Administration for Children and Families, Refugee and Entrant Assistance for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of Health and Human Services, The Administration for Children and Families, Refugee and Entrant Assistance for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Health and Human Services, The Administration for Children and Families, Refugee and Entrant Assistance for fiscal year 2024 may not exceed $1,905,201,000.
465
[ "Judiciary Committee" ]
118hr4127ih
118
hr
4,127
ih
To amend the Food Security Act of 1985 to establish an exception to certain payment limitations in the case of person or legal entity that derives income from agriculture, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Fair Access to Agriculture Disaster Programs Act.", "id": "HFCE81FA3524A404782C74E233DF7834C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Exception for income derived from agriculture \nSection 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended— (1) in paragraph (1), by striking paragraph (3) and inserting paragraphs (3) and (4) ; and (2) by adding at the end the following: (4) Exception \n(A) In general \nIn the case of an excepted payment or benefit, the limitation established by paragraph (1) shall not apply to a person or legal entity during a crop, fiscal, or program year, as appropriate, if greater than or equal to 75 percent of the average adjusted gross income of the person or legal entity derives from farming, ranching, or silviculture activities (including agri-tourism, direct-to-consumer marketing of agricultural products, the sale of agricultural equipment owned by such person or entity, and other agricultural related activities, as determined by the Secretary). (B) Excepted payment or benefit \nFor purposes of this paragraph, the term excepted payment or benefit means— (i) a payment or benefit under subtitle E of title I of the Agricultural Act of 2014 ( 7 U.S.C. 9081 et seq. ); and (ii) a payment or benefit under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 )..", "id": "HDB93209CDD854D259BB777EEF12E0627", "header": "Exception for income derived from agriculture", "nested": [], "links": [ { "text": "7 U.S.C. 9081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/9081" }, { "text": "7 U.S.C. 7333", "legal-doc": "usc", "parsable-cite": "usc/7/7333" } ] } ]
2
1. Short title This Act may be cited as the Fair Access to Agriculture Disaster Programs Act. 2. Exception for income derived from agriculture Section 1001D(b) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended— (1) in paragraph (1), by striking paragraph (3) and inserting paragraphs (3) and (4) ; and (2) by adding at the end the following: (4) Exception (A) In general In the case of an excepted payment or benefit, the limitation established by paragraph (1) shall not apply to a person or legal entity during a crop, fiscal, or program year, as appropriate, if greater than or equal to 75 percent of the average adjusted gross income of the person or legal entity derives from farming, ranching, or silviculture activities (including agri-tourism, direct-to-consumer marketing of agricultural products, the sale of agricultural equipment owned by such person or entity, and other agricultural related activities, as determined by the Secretary). (B) Excepted payment or benefit For purposes of this paragraph, the term excepted payment or benefit means— (i) a payment or benefit under subtitle E of title I of the Agricultural Act of 2014 ( 7 U.S.C. 9081 et seq. ); and (ii) a payment or benefit under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 )..
1,320
[ "Agriculture Committee" ]
118hr3333ih
118
hr
3,333
ih
To impose sanctions with respect to trafficking of illicit fentanyl and its precursors by transnational criminal organizations, including cartels, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act or the FEND Off Fentanyl Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Definitions. TITLE I—Sanctions Matters Subtitle A—Sanctions in Response to National Emergency relating to Fentanyl Trafficking Sec. 101. Finding; policy. Sec. 102. Use of national emergency authorities; reporting. Sec. 103. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade. Sec. 104. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations. Sec. 105. Penalties; waivers; exceptions. Sec. 106. Treatment of blocked property of transnational criminal organizations. Subtitle B—Other Matters Sec. 111. Eight-year statute of limitations for violations of sanctions. Sec. 112. Repeal of prohibition on imposition of sanctions with respect to importation of goods under Fentanyl Sanctions Act. Sec. 113. Classified report and briefing on staffing of Office of Foreign Assets Control. Sec. 114. Report on drug transportation routes and use of vessels with mislabeled cargo. TITLE II—Anti-Money Laundering Matters Sec. 201. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern. Sec. 202. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network. Sec. 203. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma.", "id": "H691758354E8143A49C397EEDFA6E89E1", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act or the FEND Off Fentanyl Act.", "id": "H5BFBBE4FABD24ED89A29DC0DFB523361", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Definitions. TITLE I—Sanctions Matters Subtitle A—Sanctions in Response to National Emergency relating to Fentanyl Trafficking Sec. 101. Finding; policy. Sec. 102. Use of national emergency authorities; reporting. Sec. 103. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade. Sec. 104. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations. Sec. 105. Penalties; waivers; exceptions. Sec. 106. Treatment of blocked property of transnational criminal organizations. Subtitle B—Other Matters Sec. 111. Eight-year statute of limitations for violations of sanctions. Sec. 112. Repeal of prohibition on imposition of sanctions with respect to importation of goods under Fentanyl Sanctions Act. Sec. 113. Classified report and briefing on staffing of Office of Foreign Assets Control. Sec. 114. Report on drug transportation routes and use of vessels with mislabeled cargo. TITLE II—Anti-Money Laundering Matters Sec. 201. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern. Sec. 202. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network. Sec. 203. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma.", "id": "H79119542127B4ADB8EACFA3C4B8AF5F7", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Sense of Congress \nIt is the sense of Congress that— (1) the proliferation of fentanyl is causing an unprecedented surge in overdose deaths in the United States, fracturing families and communities, and necessitating a comprehensive policy response to combat its lethal flow and to mitigate the drug’s devastating consequences; (2) the trafficking of fentanyl into the United States is a national security threat that has killed hundreds of thousands of United States citizens; (3) transnational criminal organizations, including cartels primarily based in Mexico, are the main purveyors of fentanyl into the United States and must be held accountable; (4) precursor chemicals sourced from the People’s Republic of China are— (A) shipped from the People’s Republic of China by legitimate and illegitimate means; (B) transformed through various synthetic processes to produce different forms of fentanyl; and (C) crucial to the production of illicit fentanyl by transnational criminal organizations, contributing to the ongoing opioid crisis; (5) the United States Government must remain vigilant to address all new forms of fentanyl precursors and drugs used in combination with fentanyl, such as Xylazine, which attribute to overdose deaths of people in the United States; (6) to increase the cost of fentanyl trafficking, the United States Government should work collaboratively across agencies and should surge analytic capability to impose sanctions and other remedies with respect to transnational criminal organizations (including cartels), including foreign nationals who facilitate the trade in illicit fentanyl and its precursors from the People’s Republic of China and such organizations; and (7) the Department of the Treasury should focus on fentanyl trafficking and its facilitators as one of the top national security priorities for the Department.", "id": "HDB5BF1B9280E4E7F881300F4950681D1", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Foreign person \nThe term foreign person — (A) means— (i) any citizen or national of a foreign country; or (ii) any entity not organized under the laws of the United States or a jurisdiction within the United States; and (B) does not include the government of a foreign country. (3) Knowingly \nThe term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (4) Trafficking \nThe term trafficking , with respect to fentanyl, fentanyl precursors, or other related opioids, has the meaning given the term opioid trafficking in section 7203 of the Fentanyl Sanctions Act ( 21 U.S.C. 2302 ). (5) Transnational criminal organization \nThe term transnational criminal organization includes— (A) any organization designated as a significant transnational criminal organization under part 590 of title 31, Code of Federal Regulations; (B) any of the organizations known as— (i) the Sinaloa Cartel; (ii) the Jalisco New Generation Cartel; (iii) the Gulf Cartel; (iv) the Los Zetas Cartel; (v) the Juarez Cartel; (vi) the Tijuana Cartel; (vii) the Beltran-Leyva Cartel; (viii) La Familia Michoacana, also known as the Knights Templar Cartel; or (ix) La Nueva Familia Michoacan; (C) any other organization that the President determines is a transnational criminal organization; or (D) any successor organization to an organization described in subparagraph (B) or as otherwise determined by the President. (6) United States person \nThe term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States.", "id": "H97FEFD7902D34FA5B7B5AF4B47579C2C", "header": "Definitions", "nested": [], "links": [ { "text": "21 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/21/2302" } ] }, { "text": "101. Finding; policy \n(a) Finding \nCongress finds that international trafficking of fentanyl, fentanyl precursors, or other related opioids constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and is a national emergency. (b) Policy \nIt shall be the policy of the United States to apply economic and other financial sanctions to those who engage in the international trafficking of fentanyl, fentanyl precursors, or other related opioids to protect the national security, foreign policy, and economy of the United States.", "id": "HA817717AC1304E75A7F24F8911115CEE", "header": "Finding; policy", "nested": [ { "text": "(a) Finding \nCongress finds that international trafficking of fentanyl, fentanyl precursors, or other related opioids constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and is a national emergency.", "id": "H434AF3C417C24A229D205563433B536C", "header": "Finding", "nested": [], "links": [] }, { "text": "(b) Policy \nIt shall be the policy of the United States to apply economic and other financial sanctions to those who engage in the international trafficking of fentanyl, fentanyl precursors, or other related opioids to protect the national security, foreign policy, and economy of the United States.", "id": "H4173DEAE369844C4A4EEC16E0BD3AB5B", "header": "Policy", "nested": [], "links": [] } ], "links": [] }, { "text": "102. Use of national emergency authorities; reporting \n(a) In general \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this subtitle. (b) Report required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch pursuant to this subtitle and any national emergency declared with respect to the trafficking of fentanyl, including— (A) the issuance of any new or revised regulations, policies, or guidance; (B) the imposition of sanctions; (C) the collection of relevant information from outside parties; (D) the approval or denial of licenses by the Office of Foreign Assets Control; (E) the initiation of enforcement cases; or (F) the implementation of mitigation procedures. (2) Form of report \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include the matters required by subparagraphs (C), (D), (E), and (F) of that paragraph in a classified annex.", "id": "HE737570F6CB64903B0DD6A06DF420F8B", "header": "Use of national emergency authorities; reporting", "nested": [ { "text": "(a) In general \nThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this subtitle.", "id": "H79BA71D0422E4C40909FE329AACBFFCB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report required \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch pursuant to this subtitle and any national emergency declared with respect to the trafficking of fentanyl, including— (A) the issuance of any new or revised regulations, policies, or guidance; (B) the imposition of sanctions; (C) the collection of relevant information from outside parties; (D) the approval or denial of licenses by the Office of Foreign Assets Control; (E) the initiation of enforcement cases; or (F) the implementation of mitigation procedures. (2) Form of report \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include the matters required by subparagraphs (C), (D), (E), and (F) of that paragraph in a classified annex.", "id": "HDAF9AFEE28564BB489A4CBBA59234B31", "header": "Report required", "nested": [], "links": [] } ], "links": [] }, { "text": "103. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade \nUnited States sanctions provided for in Executive Order 14059 ( 50 U.S.C. 1701 note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade), and any amendments to or directives issued pursuant to such Executive orders before the date of the enactment of this Act, shall remain in effect.", "id": "HB032BFA7D7094DDAA658D8C4614386D7", "header": "Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade", "nested": [], "links": [ { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "104. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations \n(a) In general \nThe President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines— (1) is knowingly involved in the significant trafficking of fentanyl, fentanyl precursors, or other related opioids by a transnational criminal organization; or (2) otherwise is knowingly involved in significant activities of a transnational criminal organization relating to the trafficking of fentanyl, fentanyl precursors, or other related opioids. (b) Sanctions described \nThe President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (c) Report required \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch with respect to the foreign persons identified under subsection (a).", "id": "H7B326EE7A9374A08B07397657F0B8E3B", "header": "Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations", "nested": [ { "text": "(a) In general \nThe President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines— (1) is knowingly involved in the significant trafficking of fentanyl, fentanyl precursors, or other related opioids by a transnational criminal organization; or (2) otherwise is knowingly involved in significant activities of a transnational criminal organization relating to the trafficking of fentanyl, fentanyl precursors, or other related opioids.", "id": "HB10D6A3565664017A3294045570028D6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Sanctions described \nThe President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.", "id": "HA740B71A71D54099950CDBD3EAAB6ECD", "header": "Sanctions described", "nested": [], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(c) Report required \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch with respect to the foreign persons identified under subsection (a).", "id": "H5F2926EB7D714C9980874D940170D8CE", "header": "Report required", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 1701 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "105. Penalties; waivers; exceptions \n(a) Penalties \nA person that violates, attempts to violate, conspires to violate, or causes a violation of this subtitle or any regulation, license, or order issued to carry out this subtitle shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (b) Waiver authority \n(1) In general \nThe President may waive the imposition of sanctions under this subtitle if the President determines, and reports to the appropriate congressional committees, that— (A) the waiver is needed for humanitarian purposes; or (B) the national emergency described in section 101 has ended. (2) National security waiver \nThe President may waive the application of sanctions under this subtitle with respect to a foreign person if the President determines that the waiver is in the national security interest of the United States. (c) Exceptions \n(1) Exception for intelligence activities \nThis subtitle shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception for compliance with international obligations and law enforcement activities \nSanctions under section 102(c) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity of the United States. (3) Exception to comply with USMCA \nSanctions under this subtitle shall not apply in a case in which such sanctions would conflict with provisions of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4502 )). (4) Humanitarian exemption \nThe President may not impose sanctions under this subtitle with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance.", "id": "HCD47F0DF8D174B1FA1A372DE481CC602", "header": "Penalties; waivers; exceptions", "nested": [ { "text": "(a) Penalties \nA person that violates, attempts to violate, conspires to violate, or causes a violation of this subtitle or any regulation, license, or order issued to carry out this subtitle shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.", "id": "H907149B40ED7461FAC53FEECE9C4AA93", "header": "Penalties", "nested": [], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" } ] }, { "text": "(b) Waiver authority \n(1) In general \nThe President may waive the imposition of sanctions under this subtitle if the President determines, and reports to the appropriate congressional committees, that— (A) the waiver is needed for humanitarian purposes; or (B) the national emergency described in section 101 has ended. (2) National security waiver \nThe President may waive the application of sanctions under this subtitle with respect to a foreign person if the President determines that the waiver is in the national security interest of the United States.", "id": "H1B88252324C841C88406FBF6343C4F8B", "header": "Waiver authority", "nested": [], "links": [] }, { "text": "(c) Exceptions \n(1) Exception for intelligence activities \nThis subtitle shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception for compliance with international obligations and law enforcement activities \nSanctions under section 102(c) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity of the United States. (3) Exception to comply with USMCA \nSanctions under this subtitle shall not apply in a case in which such sanctions would conflict with provisions of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4502 )). (4) Humanitarian exemption \nThe President may not impose sanctions under this subtitle with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance.", "id": "H1AB88018ABF64057964195F5AD64E704", "header": "Exceptions", "nested": [], "links": [ { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" }, { "text": "19 U.S.C. 4502", "legal-doc": "usc", "parsable-cite": "usc/19/4502" } ] } ], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" }, { "text": "50 U.S.C. 3091 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3091" }, { "text": "19 U.S.C. 4502", "legal-doc": "usc", "parsable-cite": "usc/19/4502" } ] }, { "text": "106. Treatment of blocked property of transnational criminal organizations \n(a) Transfer of blocked property to forfeiture funds \n(1) In general \nThe President may transfer the proceeds of any covered forfeited property to the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, or the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code. (2) Report required \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on any transfers made under paragraph (1) during the 180-day period preceding submission of the report. (3) Covered forfeited property defined \nIn this subsection, the term covered forfeited property means property— (A) seized by the Department of Justice under chapter 46 or section 1963 of title 18, United States Code; and (B) that belonged to or was possessed by a transnational criminal organization subject to sanctions under— (i) this subtitle; (ii) the Fentanyl Sanctions Act ( 21 U.S.C. 2301 et seq. ); or (iii) Executive Order 14059 ( 50 U.S.C. 1701 note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade). (b) Blocked assets under Terrorism Risk Insurance Act of 2002 \nNothing in this subtitle affects the treatment of blocked assets of a terrorist party described in subsection (a) of section 201 of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 note).", "id": "HB6306211A75F4D7FB43397D7DEF6F5CA", "header": "Treatment of blocked property of transnational criminal organizations", "nested": [ { "text": "(a) Transfer of blocked property to forfeiture funds \n(1) In general \nThe President may transfer the proceeds of any covered forfeited property to the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, or the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code. (2) Report required \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on any transfers made under paragraph (1) during the 180-day period preceding submission of the report. (3) Covered forfeited property defined \nIn this subsection, the term covered forfeited property means property— (A) seized by the Department of Justice under chapter 46 or section 1963 of title 18, United States Code; and (B) that belonged to or was possessed by a transnational criminal organization subject to sanctions under— (i) this subtitle; (ii) the Fentanyl Sanctions Act ( 21 U.S.C. 2301 et seq. ); or (iii) Executive Order 14059 ( 50 U.S.C. 1701 note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade).", "id": "HEB11E9FE19904B56AB5FD1B535806FFE", "header": "Transfer of blocked property to forfeiture funds", "nested": [], "links": [ { "text": "21 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/2301" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" } ] }, { "text": "(b) Blocked assets under Terrorism Risk Insurance Act of 2002 \nNothing in this subtitle affects the treatment of blocked assets of a terrorist party described in subsection (a) of section 201 of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 note).", "id": "H07584068648B4DC5B2EB2EF9995C1014", "header": "Blocked assets under Terrorism Risk Insurance Act of 2002", "nested": [], "links": [ { "text": "28 U.S.C. 1610", "legal-doc": "usc", "parsable-cite": "usc/28/1610" } ] } ], "links": [ { "text": "21 U.S.C. 2301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/2301" }, { "text": "50 U.S.C. 1701", "legal-doc": "usc", "parsable-cite": "usc/50/1701" }, { "text": "28 U.S.C. 1610", "legal-doc": "usc", "parsable-cite": "usc/28/1610" } ] }, { "text": "111. Eight-year statute of limitations for violations of sanctions \n(a) International Emergency Economic Powers Act \nSection 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) is amended by adding at the end the following: (d) Statute of limitations \n(1) Time for commencing proceedings \n(A) In general \nAn action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within eight years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement \nFor purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment \nNo person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within eight years after the latest date of the violation upon which the indictment or information is based.. (b) Trading with the Enemy Act \nSection 16 of the Trading with the Enemy Act ( 50 U.S.C. 4315 ) is amended by adding at the end the following: (d) Statute of limitations \n(1) Time for commencing proceedings \n(A) In general \nAn action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within eight years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement \nFor purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment \nNo person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within eight years after the latest date of the violation upon which the indictment or information is based..", "id": "H0D7F289110044DFC987B5D3CA70D6B91", "header": "Eight-year statute of limitations for violations of sanctions", "nested": [ { "text": "(a) International Emergency Economic Powers Act \nSection 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) is amended by adding at the end the following: (d) Statute of limitations \n(1) Time for commencing proceedings \n(A) In general \nAn action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within eight years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement \nFor purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment \nNo person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within eight years after the latest date of the violation upon which the indictment or information is based..", "id": "HB2B3EAB533A94A5D903E71972FD7A4BC", "header": "International Emergency Economic Powers Act", "nested": [], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" } ] }, { "text": "(b) Trading with the Enemy Act \nSection 16 of the Trading with the Enemy Act ( 50 U.S.C. 4315 ) is amended by adding at the end the following: (d) Statute of limitations \n(1) Time for commencing proceedings \n(A) In general \nAn action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within eight years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement \nFor purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment \nNo person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within eight years after the latest date of the violation upon which the indictment or information is based..", "id": "H11EEBF22A6864DB58E9A1EC67FB1B048", "header": "Trading with the Enemy Act", "nested": [], "links": [ { "text": "50 U.S.C. 4315", "legal-doc": "usc", "parsable-cite": "usc/50/4315" } ] } ], "links": [ { "text": "50 U.S.C. 1705", "legal-doc": "usc", "parsable-cite": "usc/50/1705" }, { "text": "50 U.S.C. 4315", "legal-doc": "usc", "parsable-cite": "usc/50/4315" } ] }, { "text": "112. Repeal of prohibition on imposition of sanctions with respect to importation of goods under Fentanyl Sanctions Act \nSection 7235 of the Fentanyl Sanctions Act ( 21 U.S.C. 2335 ) is repealed.", "id": "H7F14DD5CB58F4174BE4127CDD0DCF75B", "header": "Repeal of prohibition on imposition of sanctions with respect to importation of goods under Fentanyl Sanctions Act", "nested": [], "links": [ { "text": "21 U.S.C. 2335", "legal-doc": "usc", "parsable-cite": "usc/21/2335" } ] }, { "text": "113. Classified report and briefing on staffing of Office of Foreign Assets Control \nNot later than 180 days after the date of the enactment of this Act, the Director of the Office of Foreign Assets Control shall provide to the appropriate congressional committees a classified report and briefing on the staffing of the Office of Foreign Assets Control, disaggregated by staffing dedicated to each sanctions program and each country or issue.", "id": "H3CD5C4BA26C148958D740B407C7E62B9", "header": "Classified report and briefing on staffing of Office of Foreign Assets Control", "nested": [], "links": [] }, { "text": "114. Report on drug transportation routes and use of vessels with mislabeled cargo \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in conjunction with the heads of other relevant Federal agencies, shall provide to the appropriate congressional committees a classified report and briefing on efforts to target drug transportation routes and modalities, including an assessment of the prevalence of false cargo labeling and shipment of precursor chemicals without accurate tracking of the customers purchasing the chemicals.", "id": "HAD9639E2F42748C2A5052CE95B0D4877", "header": "Report on drug transportation routes and use of vessels with mislabeled cargo", "nested": [], "links": [] }, { "text": "201. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern \nSubtitle A of the Fentanyl Sanctions Act ( 21 U.S.C. 2311 et seq. ) is amended by inserting after section 7213 the following: 7213A. Designation of transactions of sanctioned persons as of primary money laundering concern \n(a) In general \nIf the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more classes of transactions within, or involving, a jurisdiction outside of the United States is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note); and (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such class of transactions. (b) Classified information \nIn any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information \nThe exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a). For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties \nThe penalties referred to in section 9714(d) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a), in the same manner and to the same extent as described in such section 9714(d). (e) Injunctions \nThe Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note). (f) Definitions \nIn this section, the terms domestic financial agency , domestic financial institution , financial agency , and financial institution have the meanings given those terms as used in section 9714 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note)..", "id": "H86EFC9371FB94A678A402EC12B9EC420", "header": "Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern", "nested": [], "links": [ { "text": "21 U.S.C. 2311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/2311" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "7213A. Designation of transactions of sanctioned persons as of primary money laundering concern \n(a) In general \nIf the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more classes of transactions within, or involving, a jurisdiction outside of the United States is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note); and (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such class of transactions. (b) Classified information \nIn any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information \nThe exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a). For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties \nThe penalties referred to in section 9714(d) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a), in the same manner and to the same extent as described in such section 9714(d). (e) Injunctions \nThe Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note). (f) Definitions \nIn this section, the terms domestic financial agency , domestic financial institution , financial agency , and financial institution have the meanings given those terms as used in section 9714 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note).", "id": "HC4B78457A70D4FAD852B2F73B7293616", "header": "Designation of transactions of sanctioned persons as of primary money laundering concern", "nested": [ { "text": "(a) In general \nIf the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more classes of transactions within, or involving, a jurisdiction outside of the United States is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note); and (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such class of transactions.", "id": "HCFBFD75E60D845119B9614CDBD789D75", "header": "In general", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "(b) Classified information \nIn any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section.", "id": "H073D7CC0C1BA4FA49B261870B2AE3FD0", "header": "Classified information", "nested": [], "links": [] }, { "text": "(c) Availability of information \nThe exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a). For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of that section.", "id": "HF91DE168493143B9BBEB05394FC4580F", "header": "Availability of information", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "(d) Penalties \nThe penalties referred to in section 9714(d) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a), in the same manner and to the same extent as described in such section 9714(d).", "id": "HEDDE7ED450014F169C170DE3BA800ABC", "header": "Penalties", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "(e) Injunctions \nThe Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note).", "id": "HB6D0A86307FA4AA497669585F02890E8", "header": "Injunctions", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "(f) Definitions \nIn this section, the terms domestic financial agency , domestic financial institution , financial agency , and financial institution have the meanings given those terms as used in section 9714 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note).", "id": "H4EF48FA98E0B4BA89CEF8E6DBB902988", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "31 U.S.C. 5318A", "legal-doc": "usc", "parsable-cite": "usc/31/5318A" } ] }, { "text": "202. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network \n(a) Filing instructions \nNot later than 180 days after the date of the enactment of this Act, the Director of the Financial Crimes Enforcement Network shall issue guidance or instructions to United States financial institutions for filing reports on suspicious transactions required by section 1010.320 of title 31, Code of Federal Regulations, related to suspected fentanyl trafficking by transnational criminal organizations. (b) Prioritization of reports relating to fentanyl trafficking or transnational criminal organizations \nThe Director shall prioritize research into reports described in subsection (a) that indicate a connection to trafficking of fentanyl or related synthetic opioids or financing of suspected transnational criminal organizations.", "id": "HBBE2F5FCC2B34EBFBDECAF3F757D46D2", "header": "Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network", "nested": [ { "text": "(a) Filing instructions \nNot later than 180 days after the date of the enactment of this Act, the Director of the Financial Crimes Enforcement Network shall issue guidance or instructions to United States financial institutions for filing reports on suspicious transactions required by section 1010.320 of title 31, Code of Federal Regulations, related to suspected fentanyl trafficking by transnational criminal organizations.", "id": "H8095E0170055411D86C7A09EC3F46EA8", "header": "Filing instructions", "nested": [], "links": [] }, { "text": "(b) Prioritization of reports relating to fentanyl trafficking or transnational criminal organizations \nThe Director shall prioritize research into reports described in subsection (a) that indicate a connection to trafficking of fentanyl or related synthetic opioids or financing of suspected transnational criminal organizations.", "id": "H1DAAD4DE9B334FD78D46A575775E471F", "header": "Prioritization of reports relating to fentanyl trafficking or transnational criminal organizations", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma \nNot later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on trade-based money laundering originating in Mexico or the People’s Republic of China and involving Burma.", "id": "H0F3CCC91156041359CF41415449A730E", "header": "Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma", "nested": [], "links": [] } ]
17
1. Short title; table of contents (a) Short title This Act may be cited as the Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act or the FEND Off Fentanyl Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Definitions. TITLE I—Sanctions Matters Subtitle A—Sanctions in Response to National Emergency relating to Fentanyl Trafficking Sec. 101. Finding; policy. Sec. 102. Use of national emergency authorities; reporting. Sec. 103. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade. Sec. 104. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations. Sec. 105. Penalties; waivers; exceptions. Sec. 106. Treatment of blocked property of transnational criminal organizations. Subtitle B—Other Matters Sec. 111. Eight-year statute of limitations for violations of sanctions. Sec. 112. Repeal of prohibition on imposition of sanctions with respect to importation of goods under Fentanyl Sanctions Act. Sec. 113. Classified report and briefing on staffing of Office of Foreign Assets Control. Sec. 114. Report on drug transportation routes and use of vessels with mislabeled cargo. TITLE II—Anti-Money Laundering Matters Sec. 201. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern. Sec. 202. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network. Sec. 203. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma. 2. Sense of Congress It is the sense of Congress that— (1) the proliferation of fentanyl is causing an unprecedented surge in overdose deaths in the United States, fracturing families and communities, and necessitating a comprehensive policy response to combat its lethal flow and to mitigate the drug’s devastating consequences; (2) the trafficking of fentanyl into the United States is a national security threat that has killed hundreds of thousands of United States citizens; (3) transnational criminal organizations, including cartels primarily based in Mexico, are the main purveyors of fentanyl into the United States and must be held accountable; (4) precursor chemicals sourced from the People’s Republic of China are— (A) shipped from the People’s Republic of China by legitimate and illegitimate means; (B) transformed through various synthetic processes to produce different forms of fentanyl; and (C) crucial to the production of illicit fentanyl by transnational criminal organizations, contributing to the ongoing opioid crisis; (5) the United States Government must remain vigilant to address all new forms of fentanyl precursors and drugs used in combination with fentanyl, such as Xylazine, which attribute to overdose deaths of people in the United States; (6) to increase the cost of fentanyl trafficking, the United States Government should work collaboratively across agencies and should surge analytic capability to impose sanctions and other remedies with respect to transnational criminal organizations (including cartels), including foreign nationals who facilitate the trade in illicit fentanyl and its precursors from the People’s Republic of China and such organizations; and (7) the Department of the Treasury should focus on fentanyl trafficking and its facilitators as one of the top national security priorities for the Department. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Foreign person The term foreign person — (A) means— (i) any citizen or national of a foreign country; or (ii) any entity not organized under the laws of the United States or a jurisdiction within the United States; and (B) does not include the government of a foreign country. (3) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (4) Trafficking The term trafficking , with respect to fentanyl, fentanyl precursors, or other related opioids, has the meaning given the term opioid trafficking in section 7203 of the Fentanyl Sanctions Act ( 21 U.S.C. 2302 ). (5) Transnational criminal organization The term transnational criminal organization includes— (A) any organization designated as a significant transnational criminal organization under part 590 of title 31, Code of Federal Regulations; (B) any of the organizations known as— (i) the Sinaloa Cartel; (ii) the Jalisco New Generation Cartel; (iii) the Gulf Cartel; (iv) the Los Zetas Cartel; (v) the Juarez Cartel; (vi) the Tijuana Cartel; (vii) the Beltran-Leyva Cartel; (viii) La Familia Michoacana, also known as the Knights Templar Cartel; or (ix) La Nueva Familia Michoacan; (C) any other organization that the President determines is a transnational criminal organization; or (D) any successor organization to an organization described in subparagraph (B) or as otherwise determined by the President. (6) United States person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. 101. Finding; policy (a) Finding Congress finds that international trafficking of fentanyl, fentanyl precursors, or other related opioids constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and is a national emergency. (b) Policy It shall be the policy of the United States to apply economic and other financial sanctions to those who engage in the international trafficking of fentanyl, fentanyl precursors, or other related opioids to protect the national security, foreign policy, and economy of the United States. 102. Use of national emergency authorities; reporting (a) In general The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this subtitle. (b) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch pursuant to this subtitle and any national emergency declared with respect to the trafficking of fentanyl, including— (A) the issuance of any new or revised regulations, policies, or guidance; (B) the imposition of sanctions; (C) the collection of relevant information from outside parties; (D) the approval or denial of licenses by the Office of Foreign Assets Control; (E) the initiation of enforcement cases; or (F) the implementation of mitigation procedures. (2) Form of report Each report required by paragraph (1) shall be submitted in unclassified form, but may include the matters required by subparagraphs (C), (D), (E), and (F) of that paragraph in a classified annex. 103. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade United States sanctions provided for in Executive Order 14059 ( 50 U.S.C. 1701 note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade), and any amendments to or directives issued pursuant to such Executive orders before the date of the enactment of this Act, shall remain in effect. 104. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations (a) In general The President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines— (1) is knowingly involved in the significant trafficking of fentanyl, fentanyl precursors, or other related opioids by a transnational criminal organization; or (2) otherwise is knowingly involved in significant activities of a transnational criminal organization relating to the trafficking of fentanyl, fentanyl precursors, or other related opioids. (b) Sanctions described The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (c) Report required Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch with respect to the foreign persons identified under subsection (a). 105. Penalties; waivers; exceptions (a) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this subtitle or any regulation, license, or order issued to carry out this subtitle shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (b) Waiver authority (1) In general The President may waive the imposition of sanctions under this subtitle if the President determines, and reports to the appropriate congressional committees, that— (A) the waiver is needed for humanitarian purposes; or (B) the national emergency described in section 101 has ended. (2) National security waiver The President may waive the application of sanctions under this subtitle with respect to a foreign person if the President determines that the waiver is in the national security interest of the United States. (c) Exceptions (1) Exception for intelligence activities This subtitle shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception for compliance with international obligations and law enforcement activities Sanctions under section 102(c) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity of the United States. (3) Exception to comply with USMCA Sanctions under this subtitle shall not apply in a case in which such sanctions would conflict with provisions of the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4502 )). (4) Humanitarian exemption The President may not impose sanctions under this subtitle with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance. 106. Treatment of blocked property of transnational criminal organizations (a) Transfer of blocked property to forfeiture funds (1) In general The President may transfer the proceeds of any covered forfeited property to the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, or the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code. (2) Report required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on any transfers made under paragraph (1) during the 180-day period preceding submission of the report. (3) Covered forfeited property defined In this subsection, the term covered forfeited property means property— (A) seized by the Department of Justice under chapter 46 or section 1963 of title 18, United States Code; and (B) that belonged to or was possessed by a transnational criminal organization subject to sanctions under— (i) this subtitle; (ii) the Fentanyl Sanctions Act ( 21 U.S.C. 2301 et seq. ); or (iii) Executive Order 14059 ( 50 U.S.C. 1701 note; relating to imposing sanctions on foreign persons involved in the global illicit drug trade). (b) Blocked assets under Terrorism Risk Insurance Act of 2002 Nothing in this subtitle affects the treatment of blocked assets of a terrorist party described in subsection (a) of section 201 of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 note). 111. Eight-year statute of limitations for violations of sanctions (a) International Emergency Economic Powers Act Section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) is amended by adding at the end the following: (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within eight years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within eight years after the latest date of the violation upon which the indictment or information is based.. (b) Trading with the Enemy Act Section 16 of the Trading with the Enemy Act ( 50 U.S.C. 4315 ) is amended by adding at the end the following: (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within eight years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment No person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within eight years after the latest date of the violation upon which the indictment or information is based.. 112. Repeal of prohibition on imposition of sanctions with respect to importation of goods under Fentanyl Sanctions Act Section 7235 of the Fentanyl Sanctions Act ( 21 U.S.C. 2335 ) is repealed. 113. Classified report and briefing on staffing of Office of Foreign Assets Control Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Foreign Assets Control shall provide to the appropriate congressional committees a classified report and briefing on the staffing of the Office of Foreign Assets Control, disaggregated by staffing dedicated to each sanctions program and each country or issue. 114. Report on drug transportation routes and use of vessels with mislabeled cargo Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in conjunction with the heads of other relevant Federal agencies, shall provide to the appropriate congressional committees a classified report and briefing on efforts to target drug transportation routes and modalities, including an assessment of the prevalence of false cargo labeling and shipment of precursor chemicals without accurate tracking of the customers purchasing the chemicals. 201. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern Subtitle A of the Fentanyl Sanctions Act ( 21 U.S.C. 2311 et seq. ) is amended by inserting after section 7213 the following: 7213A. Designation of transactions of sanctioned persons as of primary money laundering concern (a) In general If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more classes of transactions within, or involving, a jurisdiction outside of the United States is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note); and (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such class of transactions. (b) Classified information In any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information The exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a). For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties The penalties referred to in section 9714(d) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a), in the same manner and to the same extent as described in such section 9714(d). (e) Injunctions The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note). (f) Definitions In this section, the terms domestic financial agency , domestic financial institution , financial agency , and financial institution have the meanings given those terms as used in section 9714 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note).. 7213A. Designation of transactions of sanctioned persons as of primary money laundering concern (a) In general If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more classes of transactions within, or involving, a jurisdiction outside of the United States is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note); and (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such class of transactions. (b) Classified information In any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information The exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a). For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of that section. (d) Penalties The penalties referred to in section 9714(d) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note) shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a), in the same manner and to the same extent as described in such section 9714(d). (e) Injunctions The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note). (f) Definitions In this section, the terms domestic financial agency , domestic financial institution , financial agency , and financial institution have the meanings given those terms as used in section 9714 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 31 U.S.C. 5318A note). 202. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network (a) Filing instructions Not later than 180 days after the date of the enactment of this Act, the Director of the Financial Crimes Enforcement Network shall issue guidance or instructions to United States financial institutions for filing reports on suspicious transactions required by section 1010.320 of title 31, Code of Federal Regulations, related to suspected fentanyl trafficking by transnational criminal organizations. (b) Prioritization of reports relating to fentanyl trafficking or transnational criminal organizations The Director shall prioritize research into reports described in subsection (a) that indicate a connection to trafficking of fentanyl or related synthetic opioids or financing of suspected transnational criminal organizations. 203. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on trade-based money laundering originating in Mexico or the People’s Republic of China and involving Burma.
24,647
[ "Oversight and Accountability Committee", "Judiciary Committee", "Financial Services Committee", "Foreign Affairs Committee" ]
118hr4472ih
118
hr
4,472
ih
To promote election integrity, voter confidence, and faith in elections by protecting political speech, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the First Amendment Protection Act.", "id": "H5ACCF8072F4549CDB25A74EDA131F13C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Table of Contents \nThe table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of Contents. Title I—Protecting Political Speech Sec. 101. Findings. Sec. 102. Repeal of limits on coordinated political party expenditures. Sec. 103. Repeal of limit on aggregate contributions by individuals. Sec. 104. Equalization of contribution limits to State and national political party committees. Sec. 105. Expansion of permissible Federal election activity by State and local political parties. Sec. 106. Participation in joint fundraising activities by multiple political committees. Sec. 107. Protecting privacy of donors to tax-exempt organizations. Sec. 108. Reporting requirements for tax-exempt organizations. Sec. 109. Maintenance of standards for determining eligibility of section 501(c)(4) organizations. Title II—Prohibition on Use of Federal funds for Congressional Campaigns Sec. 111. Prohibiting use of Federal funds for payments in support of congressional campaigns. Title III—Registration and Reporting Requirements Sec. 121. Electronic filing of electioneering communication reports. Sec. 122. Increased qualifying threshold and establishing purpose for political committees. Sec. 123. Increased threshold with respect to independent expenditure reporting requirement. Sec. 124. Increased qualifying threshold with respect to candidates. Sec. 125. Repeal requirement of persons making independent expenditures to report identification of certain donors. Title IV—Exclusion of Certain Amounts from Treatment as Contributions or Expenditures Sec. 131. Increased threshold for exemption of certain amounts as contributions. Sec. 132. Exemption of uncompensated internet communications from treatment as contribution or expenditure. Sec. 133. Media exemption. Title V—Prohibition on Issuance of Regulations on Political Contributions Sec. 141. Prohibition on issuance of regulations on Political Contributions. Title VI—Miscellaneous Provisions Sec. 151. Permanent extension of fines for qualified disclosure requirement violations. Sec. 152. Permitting political committees to make disbursements by methods other than check. Sec. 153. Designation of individual authorized to make campaign committee disbursements in event of death of candidate. Sec. 154. Prohibiting aiding or abetting making of contributions in name of another. Sec. 155. Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission. Sec. 156. Federal Election Commission member pay. Sec. 157. Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971. Sec. 158. Repeal of obsolete provisions of law. Sec. 159. Deadline for promulgation of proposed regulations.", "id": "HB42D552752B1481FB7ACAFAB26FEF3A3", "header": "Table of Contents", "nested": [], "links": [] }, { "text": "101. Findings \nCongress finds the following: (1) The structure of the Constitution and its amendments represents the radical idea that any sovereign power exercised by the Federal Government flows either directly from the people or through the States they established to govern themselves. In the words of the Ninth and Tenth Amendments, [t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.. (2) Among the many freedoms it protects, the First Amendment prevents Congress from making any law abridging the freedom of speech, the right of the people peaceably to assemble, or the right of the people to petition the Government for the redress of grievances. (3) Any proposed Federal action concerning freedom of speech, protest, or petition must start with an analysis of the First Amendment. Congress must ask whether the proposed action would abridge these freedoms, and any uncertainty must be determined in favor of fewer restrictions on speech. (4) In particular, political speech, uttered in the furtherance of self-government, must raise an even higher bar to congressional abridgement. The mechanisms and media used to offer political speech must realize the same protections. (5) As the Supreme Court has recognized, the Constitution grants Congress only a very narrow interest in the regulation of political speech, the prevention of corruption or the appearance of corruption. (6) In order to uphold and effectuate the Constitution, any Federal statute that goes beyond this interest must be repealed, and Congress must exercise its article 1 authorities to do so.", "id": "H87B37B2019C344E89B5413FDAEBF10C7", "header": "Findings", "nested": [], "links": [] }, { "text": "102. Repeal of limits on coordinated political party expenditures \n(a) Repeal of Limits \nSection 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (1)— (A) by striking may make expenditures and inserting may make expenditures, including coordinated expenditures, ; and (B) by striking Federal office, subject to the limitations contained in paragraphs (2), (3), and (4) of this subsection and inserting Federal office in any amount ; and (2) by striking paragraphs (2), (3), (4), and (5). (b) Clarifying treatment of certain party communications as coordinated expenditures \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ), as amended by subsection (a), is amended by adding at the end the following new paragraph: (2) For purposes of this subsection, if a public communication paid for by a committee of a political party or its agent refers to a clearly identified House or Senate candidate and is publicly distributed or otherwise publicly disseminated in the clearly identified candidate’s jurisdiction, the communication shall be treated as a coordinated expenditure in connection with the campaign of a candidate for purposes of this subsection.. (c) Conforming amendment relating to Indexing \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (1) in paragraph (1)(B)(i), by striking (d), ; and (2) in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (b). (d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H0ABF58713BFD4762BFAED9C738AF0BC1", "header": "Repeal of limits on coordinated political party expenditures", "nested": [ { "text": "(a) Repeal of Limits \nSection 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (1)— (A) by striking may make expenditures and inserting may make expenditures, including coordinated expenditures, ; and (B) by striking Federal office, subject to the limitations contained in paragraphs (2), (3), and (4) of this subsection and inserting Federal office in any amount ; and (2) by striking paragraphs (2), (3), (4), and (5).", "id": "H6996B00B86154655B3E90B9F8E91E5DE", "header": "Repeal of Limits", "nested": [], "links": [ { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Clarifying treatment of certain party communications as coordinated expenditures \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ), as amended by subsection (a), is amended by adding at the end the following new paragraph: (2) For purposes of this subsection, if a public communication paid for by a committee of a political party or its agent refers to a clearly identified House or Senate candidate and is publicly distributed or otherwise publicly disseminated in the clearly identified candidate’s jurisdiction, the communication shall be treated as a coordinated expenditure in connection with the campaign of a candidate for purposes of this subsection..", "id": "HADC72C5ACC664500838F450C352ABB56", "header": "Clarifying treatment of certain party communications as coordinated expenditures", "nested": [], "links": [ { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Conforming amendment relating to Indexing \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (1) in paragraph (1)(B)(i), by striking (d), ; and (2) in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (b).", "id": "H7722D71B4DDF4017B1ECC12697CC22A5", "header": "Conforming amendment relating to Indexing", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H11FE209A011049E28A7A6704C5331612", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "103. Repeal of limit on aggregate contributions by individuals \n(a) Findings \nCongress finds that the Supreme Court of the United States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the biennial aggregate limits under section 315(a)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(3) ) to be unconstitutional. (b) Repeal \nSection 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by striking paragraph (3). (c) Conforming amendments \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended by striking (a)(3), each place it appears in paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).", "id": "H913B6D2FFF044DE7BF46FF1F34C104B5", "header": "Repeal of limit on aggregate contributions by individuals", "nested": [ { "text": "(a) Findings \nCongress finds that the Supreme Court of the United States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the biennial aggregate limits under section 315(a)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(3) ) to be unconstitutional.", "id": "HC5AC38270E2F430C926FDA82BDC642A3", "header": "Findings", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Repeal \nSection 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by striking paragraph (3).", "id": "HA91964FF00A04E66970B95AA7AE6EF28", "header": "Repeal", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Conforming amendments \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended by striking (a)(3), each place it appears in paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).", "id": "H9D4050F849634BD8AA848B409A21AA19", "header": "Conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] } ], "links": [ { "text": "52 U.S.C. 30116(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "104. Equalization of contribution limits to State and national political party committees \n(a) In general \nSection 315(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(1) ) is amended— (1) in subparagraph (B), by striking a national political party and inserting a national or State political party ; (2) by adding or at the end of subparagraph (B); (3) in subparagraph (C), by striking ; or and inserting a period; and (4) by striking subparagraph (D). (b) Contributions by multicandidate political committees \n(1) In general \nSection 315(a)(2)(B) of such Act ( 52 U.S.C. 30116(a)(2)(B) ) is amended by striking a national political party and inserting a national or State political party. (2) Price index adjustment \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (A) in paragraph (1), by adding at the end the following new subparagraph: (D) In any calendar year after 2022— (i) a threshold established by subsection (a)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (B) in paragraph (2)(B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new clause: (iii) for purposes of subsection (a)(2), calendar year 2023.. (c) Acceptance of additional amounts for certain accounts \n(1) Permitting acceptance of additional amounts in same manner as national parties \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended— (A) in paragraph (1)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10) ; and (B) in paragraph (2)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10). (2) Accounts \nSection 315(a)(9) of such Act ( 52 U.S.C. 30116(a)(9) ) is amended by striking national committee of a political party each place it appears in subparagraphs (A), (B), and (C) and inserting committee of a national or State political party. (3) State party convention accounts described \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) An account described in this paragraph is a separate, segregated account of a political committee established and maintained by a State committee of a political party which is used solely to defray— (A) expenses incurred with respect to carrying out State party nominating activities or other party-building conventions; (B) expenses incurred with respect to providing for the attendance of delegates at a presidential nominating convention, but only to the extent that such expenses are not paid for from the account described in paragraph (9)(A); or (C) expenses incurred with respect to carrying out local, county, or district conventions or proceedings to elect delegates to a State party convention.. (d) Clarification of indexing of amounts To ensure equalization of party contribution limits \nFor purposes of applying section 315(c) of such Act ( 52 U.S.C. 30116(c) ) to limits on the amount of contributions to political committees established and maintained by a State political party, the amendments made by this section shall be considered to have been included in section 307 of the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–55 ; 116 Stat. 102). (e) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HB0965B51BCE84F0290BAD50BAD57E379", "header": "Equalization of contribution limits to State and national political party committees", "nested": [ { "text": "(a) In general \nSection 315(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(1) ) is amended— (1) in subparagraph (B), by striking a national political party and inserting a national or State political party ; (2) by adding or at the end of subparagraph (B); (3) in subparagraph (C), by striking ; or and inserting a period; and (4) by striking subparagraph (D).", "id": "H8BB83560D6184A82972EE8EE0CA09A30", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Contributions by multicandidate political committees \n(1) In general \nSection 315(a)(2)(B) of such Act ( 52 U.S.C. 30116(a)(2)(B) ) is amended by striking a national political party and inserting a national or State political party. (2) Price index adjustment \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (A) in paragraph (1), by adding at the end the following new subparagraph: (D) In any calendar year after 2022— (i) a threshold established by subsection (a)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (B) in paragraph (2)(B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new clause: (iii) for purposes of subsection (a)(2), calendar year 2023..", "id": "H5E73B0DF4AC64CB5A8E1E1F3CCFAD9F9", "header": "Contributions by multicandidate political committees", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Acceptance of additional amounts for certain accounts \n(1) Permitting acceptance of additional amounts in same manner as national parties \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended— (A) in paragraph (1)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10) ; and (B) in paragraph (2)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10). (2) Accounts \nSection 315(a)(9) of such Act ( 52 U.S.C. 30116(a)(9) ) is amended by striking national committee of a political party each place it appears in subparagraphs (A), (B), and (C) and inserting committee of a national or State political party. (3) State party convention accounts described \nSection 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) An account described in this paragraph is a separate, segregated account of a political committee established and maintained by a State committee of a political party which is used solely to defray— (A) expenses incurred with respect to carrying out State party nominating activities or other party-building conventions; (B) expenses incurred with respect to providing for the attendance of delegates at a presidential nominating convention, but only to the extent that such expenses are not paid for from the account described in paragraph (9)(A); or (C) expenses incurred with respect to carrying out local, county, or district conventions or proceedings to elect delegates to a State party convention..", "id": "H8006054BA5424225A5ECCE5A6EB16AD8", "header": "Acceptance of additional amounts for certain accounts", "nested": [], "links": [ { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(d) Clarification of indexing of amounts To ensure equalization of party contribution limits \nFor purposes of applying section 315(c) of such Act ( 52 U.S.C. 30116(c) ) to limits on the amount of contributions to political committees established and maintained by a State political party, the amendments made by this section shall be considered to have been included in section 307 of the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–55 ; 116 Stat. 102).", "id": "H4BE53C07C64D4CD8B89AE356398CE839", "header": "Clarification of indexing of amounts To ensure equalization of party contribution limits", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "Public Law 107–55", "legal-doc": "public-law", "parsable-cite": "pl/107/55" } ] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HA549BF6145704C31B048FA9D9C3466D0", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30116(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "Public Law 107–55", "legal-doc": "public-law", "parsable-cite": "pl/107/55" } ] }, { "text": "105. Expansion of permissible Federal election activity by State and local political parties \n(a) Expansion of permissible use of funds not subject to contribution limits or source prohibitions by State and local political parties for Federal election activity \nSection 323(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30125(b)(2) ) is amended to read as follows: (2) Applicability \nNotwithstanding section 301(20), for purposes of paragraph (1), an amount that is expended or disbursed by a State, district, or local committee of a political party shall be considered to be expended or disbursed for Federal election activity only if the committee coordinated the expenditure or disbursement of the amount with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office.. (b) Conforming amendments \n(1) Fundraising costs \nSection 323(c) of such Act ( 52 U.S.C. 30125(c) ) is amended by adding at the end the following new sentence: In the case of a person described in subsection (b), the previous sentence applies only if the amount was spent by such person in coordination with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office, as determined pursuant to regulations promulgated by the Commission for the purpose of determining whether a political party communication is coordinated with a candidate, a candidate's authorized committee, or an agent thereof.. (2) Appearance of Federal candidates or officeholders at fundraising events \nSection 323(e)(3) of such Act ( 52 U.S.C. 30125(e)(3) ) is amended by striking subsection (b)(2)(C) and inserting subsection (b).", "id": "H9D42D0B59C6E4B72A9A1B45C233FDF5E", "header": "Expansion of permissible Federal election activity by State and local political parties", "nested": [ { "text": "(a) Expansion of permissible use of funds not subject to contribution limits or source prohibitions by State and local political parties for Federal election activity \nSection 323(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30125(b)(2) ) is amended to read as follows: (2) Applicability \nNotwithstanding section 301(20), for purposes of paragraph (1), an amount that is expended or disbursed by a State, district, or local committee of a political party shall be considered to be expended or disbursed for Federal election activity only if the committee coordinated the expenditure or disbursement of the amount with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office..", "id": "H35B1F19B716C41848944DD859E079C3F", "header": "Expansion of permissible use of funds not subject to contribution limits or source prohibitions by State and local political parties for Federal election activity", "nested": [], "links": [ { "text": "52 U.S.C. 30125(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" } ] }, { "text": "(b) Conforming amendments \n(1) Fundraising costs \nSection 323(c) of such Act ( 52 U.S.C. 30125(c) ) is amended by adding at the end the following new sentence: In the case of a person described in subsection (b), the previous sentence applies only if the amount was spent by such person in coordination with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office, as determined pursuant to regulations promulgated by the Commission for the purpose of determining whether a political party communication is coordinated with a candidate, a candidate's authorized committee, or an agent thereof.. (2) Appearance of Federal candidates or officeholders at fundraising events \nSection 323(e)(3) of such Act ( 52 U.S.C. 30125(e)(3) ) is amended by striking subsection (b)(2)(C) and inserting subsection (b).", "id": "HC943A9892CAE4EC7B7B2EBB403055732", "header": "Conforming amendments", "nested": [], "links": [ { "text": "52 U.S.C. 30125(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" }, { "text": "52 U.S.C. 30125(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" } ] } ], "links": [ { "text": "52 U.S.C. 30125(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" }, { "text": "52 U.S.C. 30125(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" }, { "text": "52 U.S.C. 30125(e)(3)", "legal-doc": "usc", "parsable-cite": "usc/52/30125" } ] }, { "text": "106. Participation in joint fundraising activities by multiple political committees \n(a) Findings \nCongress finds the following: (1) While Federal law permits the Federal Election Commission to engage in certain gap-filling activities as it administers the Federal Election Campaign Act of 1971, the regulations promulgated by the Federal Election Commission to govern joint fundraising activities of multiple political committees are not tied specifically to any particular provision of the Act, and while these regulations generally duplicate the provisions of the Act, they also impose additional and unnecessary burdens on political committees which seek to engage in joint fundraising activities, such as a requirement for written agreements between the participating committees. (2) It is therefore not necessary at this time to direct the Federal Election Commission to repeal the existing regulations which govern joint fundraising activities of multiple political committees, as some political committees may have reasons for following the provisions of such regulations which impose additional and unnecessary burdens on these activities. (b) Criteria for participation in joint fundraising activities \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Criteria for participation in joint fundraising activities by multiple political committees \n(1) Criteria described \nTwo or more political committees as defined in this Act may participate in joint fundraising activities in accordance with the following criteria: (A) The costs of the activities shall be allocated among and paid for by the participating committees on the basis of the allocation among the participating committees of the contributions received as a result of the activities. (B) Notwithstanding subparagraph (A), a participating committee may make a payment (in whole or in part) for the portion of the costs of the activities which is allocated to another participating committee, and the amount of any such payment shall be treated as a contribution made by the committee to the other participating committee. (C) The provisions of section 315(a)(8) regarding the treatment of contributions to a candidate which are earmarked or otherwise directed through an intermediary or conduit shall apply to contributions made by a person to a participating committee which are allocated by the committee to another participating committee. (2) Rule of construction \nNothing in this subsection may be construed to prohibit two or more political committees from participating in joint fundraising activities by designating or establishing a separate, joint committee subject to the registration and reporting requirements of this Act or by publishing a joint fundraising notice..", "id": "H73D38E34EE2548638564F5BBC884162B", "header": "Participation in joint fundraising activities by multiple political committees", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) While Federal law permits the Federal Election Commission to engage in certain gap-filling activities as it administers the Federal Election Campaign Act of 1971, the regulations promulgated by the Federal Election Commission to govern joint fundraising activities of multiple political committees are not tied specifically to any particular provision of the Act, and while these regulations generally duplicate the provisions of the Act, they also impose additional and unnecessary burdens on political committees which seek to engage in joint fundraising activities, such as a requirement for written agreements between the participating committees. (2) It is therefore not necessary at this time to direct the Federal Election Commission to repeal the existing regulations which govern joint fundraising activities of multiple political committees, as some political committees may have reasons for following the provisions of such regulations which impose additional and unnecessary burdens on these activities.", "id": "HADD661DC85A54FAD84B7C3D98209EA25", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Criteria for participation in joint fundraising activities \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Criteria for participation in joint fundraising activities by multiple political committees \n(1) Criteria described \nTwo or more political committees as defined in this Act may participate in joint fundraising activities in accordance with the following criteria: (A) The costs of the activities shall be allocated among and paid for by the participating committees on the basis of the allocation among the participating committees of the contributions received as a result of the activities. (B) Notwithstanding subparagraph (A), a participating committee may make a payment (in whole or in part) for the portion of the costs of the activities which is allocated to another participating committee, and the amount of any such payment shall be treated as a contribution made by the committee to the other participating committee. (C) The provisions of section 315(a)(8) regarding the treatment of contributions to a candidate which are earmarked or otherwise directed through an intermediary or conduit shall apply to contributions made by a person to a participating committee which are allocated by the committee to another participating committee. (2) Rule of construction \nNothing in this subsection may be construed to prohibit two or more political committees from participating in joint fundraising activities by designating or establishing a separate, joint committee subject to the registration and reporting requirements of this Act or by publishing a joint fundraising notice..", "id": "HCEBE201C02594D6F96E1C0AD4D470DB4", "header": "Criteria for participation in joint fundraising activities", "nested": [], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" } ] } ], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" } ] }, { "text": "107. Protecting privacy of donors to tax-exempt organizations \n(a) Short title \nThis section may be cited as the Speech Privacy Act of 2023. (b) Restrictions on collection of donor information \n(1) Restrictions \nAn entity of the Federal Government may not collect or require the submission of information on the identification of any donor to a tax-exempt organization. (2) Exceptions \nParagraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6033 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to collect or require the submission of the information, but only to the extent permitted by the lawful order of such court or administrative body. (c) Restrictions on release of donor information \n(1) Restrictions \nAn entity of the Federal Government may not disclose to the public information revealing the identification of any donor to a tax-exempt organization. (2) Exceptions \nParagraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6104 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to disclose the information, but only to the extent permitted by the lawful order of such court or administrative body. (E) An entity which discloses the information as authorized by the organization. (d) Tax-Exempt organization defined \nIn this section, a tax-exempt organization means an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. Nothing in this subsection may be construed to treat a political organization under section 527 of such Code as a tax-exempt organization for purposes of this section. (e) Penalties \nIt shall be unlawful for any officer or employee of the United States, or any former officer or employee, willfully to disclose to any person, except as authorized in this section, any information revealing the identification of any donor to a tax-exempt organization. Any violation of this section shall be a felony punishable upon conviction by a fine in any amount not exceeding $250,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense.", "id": "HC4A021667D6C40D39D456F00C04134DD", "header": "Protecting privacy of donors to tax-exempt organizations", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Speech Privacy Act of 2023.", "id": "H6BD296A93D7248A8A73D500363E8BC54", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Restrictions on collection of donor information \n(1) Restrictions \nAn entity of the Federal Government may not collect or require the submission of information on the identification of any donor to a tax-exempt organization. (2) Exceptions \nParagraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6033 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to collect or require the submission of the information, but only to the extent permitted by the lawful order of such court or administrative body.", "id": "H1BB3A76F8AC5462C82569A4E6D232F8B", "header": "Restrictions on collection of donor information", "nested": [], "links": [ { "text": "section 6033", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "2 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/2/1604" } ] }, { "text": "(c) Restrictions on release of donor information \n(1) Restrictions \nAn entity of the Federal Government may not disclose to the public information revealing the identification of any donor to a tax-exempt organization. (2) Exceptions \nParagraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6104 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to disclose the information, but only to the extent permitted by the lawful order of such court or administrative body. (E) An entity which discloses the information as authorized by the organization.", "id": "H3DF236C73BE34F1EB186D0EC8BD952D5", "header": "Restrictions on release of donor information", "nested": [], "links": [ { "text": "section 6104", "legal-doc": "usc", "parsable-cite": "usc/26/6104" }, { "text": "2 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/2/1604" } ] }, { "text": "(d) Tax-Exempt organization defined \nIn this section, a tax-exempt organization means an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. Nothing in this subsection may be construed to treat a political organization under section 527 of such Code as a tax-exempt organization for purposes of this section.", "id": "H525C1F7F21104B83B8F3F04DCC368A3A", "header": "Tax-Exempt organization defined", "nested": [], "links": [ { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(e) Penalties \nIt shall be unlawful for any officer or employee of the United States, or any former officer or employee, willfully to disclose to any person, except as authorized in this section, any information revealing the identification of any donor to a tax-exempt organization. Any violation of this section shall be a felony punishable upon conviction by a fine in any amount not exceeding $250,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense.", "id": "H6A38DBA477FF40C7B2ECBCC9D6744864", "header": "Penalties", "nested": [], "links": [] } ], "links": [ { "text": "section 6033", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "2 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/2/1604" }, { "text": "section 6104", "legal-doc": "usc", "parsable-cite": "usc/26/6104" }, { "text": "2 U.S.C. 1604", "legal-doc": "usc", "parsable-cite": "usc/2/1604" }, { "text": "section 501(c)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "108. Reporting requirements for tax-exempt organizations \n(a) Short title \nThis section may be cited as the Don't Weaponize the IRS Act. (b) Organizations exempt from reporting \n(1) Gross receipts threshold \nClause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000. (2) Organizations described \nSubparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting a semicolon, and (C) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States.. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Clarification of application to section 527 organizations \n(1) In general \nParagraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (B) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a).. (2) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (d) Reporting of names and addresses of contributors \n(1) In general \nParagraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization.. (2) Application to section 527 organizations \nParagraph (2) of section 6033(g) 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), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H9A1C9B91A71646998C962BB24265EC0F", "header": "Reporting requirements for tax-exempt organizations", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Don't Weaponize the IRS Act.", "id": "H1BA082D70EBE49AD8676DECD55A72E00", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Organizations exempt from reporting \n(1) Gross receipts threshold \nClause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000. (2) Organizations described \nSubparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting a semicolon, and (C) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States.. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.", "id": "HD41DE8EB003C4ADE90EAFB75457FC0D1", "header": "Organizations exempt from reporting", "nested": [], "links": [ { "text": "section 6033(a)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] }, { "text": "(c) Clarification of application to section 527 organizations \n(1) In general \nParagraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (B) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a).. (2) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.", "id": "HF7A5BA34222F45CA92D2A6552705544A", "header": "Clarification of application to section 527 organizations", "nested": [], "links": [ { "text": "section 6033(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] }, { "text": "(d) Reporting of names and addresses of contributors \n(1) In general \nParagraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization.. (2) Application to section 527 organizations \nParagraph (2) of section 6033(g) 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), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and. (3) Effective date \nThe amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H16A4C53694114BACA602098EF156CA24", "header": "Reporting of names and addresses of contributors", "nested": [], "links": [ { "text": "section 6033(a)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] } ], "links": [ { "text": "section 6033(a)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(a)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "section 6033(g)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] }, { "text": "109. Maintenance of standards for determining eligibility of section 501(c)(4) organizations \n(a) In general \nThe Department of the Treasury, including the Internal Revenue Service, may not issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)). (b) Application of current standards and definitions \nThe standard and definitions as in effect on January 1, 2010, which are used to make determinations described in subsection (a) shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date.", "id": "H710FD2F2A1664A8D923BC53912B12558", "header": "Maintenance of standards for determining eligibility of section 501(c)(4) organizations", "nested": [ { "text": "(a) In general \nThe Department of the Treasury, including the Internal Revenue Service, may not issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)).", "id": "HB6D670563412481380B845A21DF60D52", "header": "In general", "nested": [], "links": [ { "text": "section 501(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(b) Application of current standards and definitions \nThe standard and definitions as in effect on January 1, 2010, which are used to make determinations described in subsection (a) shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date.", "id": "H3131A4FE6AD744BA994C2E99F87AB0F0", "header": "Application of current standards and definitions", "nested": [], "links": [] } ], "links": [ { "text": "section 501(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "111. Prohibiting use of Federal funds for payments in support of congressional campaigns \nNo Federal funds, including amounts attributable to the collection of fines and penalties, may be used to make any payment in support of a campaign for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.", "id": "H44016D93FD5A4CB7913ABD12EE436E77", "header": "Prohibiting use of Federal funds for payments in support of congressional campaigns", "nested": [], "links": [] }, { "text": "121. Electronic filing of electioneering communication reports \nSection 304(a)(11)(A)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(11)(A)(i) ) is amended by inserting or makes, or has reason to expect to make, electioneering communications after expenditures.", "id": "H58B2702337DB4AE7905FB091D769095E", "header": "Electronic filing of electioneering communication reports", "nested": [], "links": [ { "text": "52 U.S.C. 30104(a)(11)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "122. Increased qualifying threshold and establishing purpose for political committees \n(a) In general \nSection 301(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(4) ) is amended to read as follows: (4) The term political committee means— (A) any committee, club, association, or other group of persons, including any local committee of a political party, which receives contributions aggregating in excess of $25,000 during a calendar year or which makes expenditures aggregating in excess of $25,000 during a calendar year and which is under the control of a candidate or has the major purpose of nominating or electing a candidate; or (B) any separate segregated fund established under the provisions of section 316(b).. (b) Definition \nSection 301 of such Act ( 52 U.S.C. 30101 ) is amended by adding at the end the following new paragraph: (27) Major purpose of nominating or electing a candidate \nThe term major purpose of nominating or electing a candidate means, with respect to a group of persons described in paragraph (4)(A)— (A) a group whose central organizational purpose is to expressly advocate for the nomination, election, or defeat of a candidate; or (B) a group for which the majority of its spending throughout its lifetime of existence has been on contributions, expenditures, or independent expenditures.. (c) Price index adjustment for political committee threshold \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by section 104(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (E) In any calendar year after 2023— (i) a threshold established by section 301(4)(A) or 301(4)(C) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iv) for purposes of sections 301(4)(A) and 301(4)(C), calendar year 2023.. (d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HF3D8D86A0A0A4B158E22CAC3574625D5", "header": "Increased qualifying threshold and establishing purpose for political committees", "nested": [ { "text": "(a) In general \nSection 301(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(4) ) is amended to read as follows: (4) The term political committee means— (A) any committee, club, association, or other group of persons, including any local committee of a political party, which receives contributions aggregating in excess of $25,000 during a calendar year or which makes expenditures aggregating in excess of $25,000 during a calendar year and which is under the control of a candidate or has the major purpose of nominating or electing a candidate; or (B) any separate segregated fund established under the provisions of section 316(b)..", "id": "HA01A623F064A4E37BE437F157A4867FF", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30101(4)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Definition \nSection 301 of such Act ( 52 U.S.C. 30101 ) is amended by adding at the end the following new paragraph: (27) Major purpose of nominating or electing a candidate \nThe term major purpose of nominating or electing a candidate means, with respect to a group of persons described in paragraph (4)(A)— (A) a group whose central organizational purpose is to expressly advocate for the nomination, election, or defeat of a candidate; or (B) a group for which the majority of its spending throughout its lifetime of existence has been on contributions, expenditures, or independent expenditures..", "id": "HDD569A46B6CA47F794D96EADDC80122A", "header": "Definition", "nested": [], "links": [ { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(c) Price index adjustment for political committee threshold \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by section 104(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (E) In any calendar year after 2023— (i) a threshold established by section 301(4)(A) or 301(4)(C) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iv) for purposes of sections 301(4)(A) and 301(4)(C), calendar year 2023..", "id": "H75980034212048DC8B191A700EAAC4B1", "header": "Price index adjustment for political committee threshold", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H6A331164545B4C9EBCE4A6759817DF31", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(4)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "123. Increased threshold with respect to independent expenditure reporting requirement \n(a) In general \nSection 304(c)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(1) ) is amended by striking $250 and inserting $1,000. (b) Price index adjustment for independent expenditure reporting threshold \nSection 315(c) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(c) ), as amended by sections 104(b) and 122(c), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (F) In any calendar year after 2023— (i) a threshold established by section 304(c)(1) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (v) for purposes of section 304(c)(1), calendar year 2023.. (c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H23D01CBA041541A8B395FBA353877EB7", "header": "Increased threshold with respect to independent expenditure reporting requirement", "nested": [ { "text": "(a) In general \nSection 304(c)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(1) ) is amended by striking $250 and inserting $1,000.", "id": "H2D4C572D81AD4C95AF515C27078F5D82", "header": "In general", "nested": [], "links": [ { "text": "52 U.S.C. 30104(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(b) Price index adjustment for independent expenditure reporting threshold \nSection 315(c) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(c) ), as amended by sections 104(b) and 122(c), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (F) In any calendar year after 2023— (i) a threshold established by section 304(c)(1) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (v) for purposes of section 304(c)(1), calendar year 2023..", "id": "H8C41BA94621149A991165DA11DF033A5", "header": "Price index adjustment for independent expenditure reporting threshold", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H215DECB97D984715A7AEB504DFAFC2BA", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30104(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "124. Increased qualifying threshold with respect to candidates \n(a) Increase in threshold \nSection 301(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(2) ) is amended by striking $5,000 each place it appears and inserting $10,000. (b) Price index adjustment for exemption of certain amounts as contributions \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 104(b), 122(c), and 123(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (G) In any calendar year after 2023— (i) a threshold established by sections 301(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) for purposes of sections 301(2), calendar year 2023.. (c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H85A713371F1E489F96F4ED261FD5E080", "header": "Increased qualifying threshold with respect to candidates", "nested": [ { "text": "(a) Increase in threshold \nSection 301(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(2) ) is amended by striking $5,000 each place it appears and inserting $10,000.", "id": "H10BDF5FA76D348AA9D45EED914537FC2", "header": "Increase in threshold", "nested": [], "links": [ { "text": "52 U.S.C. 30101(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Price index adjustment for exemption of certain amounts as contributions \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 104(b), 122(c), and 123(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (G) In any calendar year after 2023— (i) a threshold established by sections 301(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) for purposes of sections 301(2), calendar year 2023..", "id": "HC3257656A6C44B3988739EA2628E65E3", "header": "Price index adjustment for exemption of certain amounts as contributions", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H40918E13624E4F44A3D1E4BAB2500C62", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "125. Repeal requirement of persons making independent expenditures to report identification of certain donors \n(a) Repeal \nSection 304(c)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(2) ) is amended— (1) in subparagraph (A), by adding and at the end; (2) in subparagraph (B), by striking ; and and inserting a period; and (3) by striking subparagraph (C). (b) Conforming amendment \nSection 304(c)(1) of such Act ( 52 U.S.C. 30104(c)(1) ) is amended by striking the information required under subsection (b)(3)(A) for all contributions received by such person and inserting the information required under paragraph (2). (c) Effective date \nThe amendments made by this section shall apply with respect to independent expenditures made on or after the date of the enactment of this Act.", "id": "HA1995DD18EC34E2C948DA0DCAD9136DD", "header": "Repeal requirement of persons making independent expenditures to report identification of certain donors", "nested": [ { "text": "(a) Repeal \nSection 304(c)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(2) ) is amended— (1) in subparagraph (A), by adding and at the end; (2) in subparagraph (B), by striking ; and and inserting a period; and (3) by striking subparagraph (C).", "id": "H3C27D1514CD448C39145C5C576B1C57F", "header": "Repeal", "nested": [], "links": [ { "text": "52 U.S.C. 30104(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(b) Conforming amendment \nSection 304(c)(1) of such Act ( 52 U.S.C. 30104(c)(1) ) is amended by striking the information required under subsection (b)(3)(A) for all contributions received by such person and inserting the information required under paragraph (2).", "id": "HE718897BCEC140AC991E3BAB87E9FAA6", "header": "Conforming amendment", "nested": [], "links": [ { "text": "52 U.S.C. 30104(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to independent expenditures made on or after the date of the enactment of this Act.", "id": "HCC5767B96DD84FA0BD2FBE6800047031", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30104(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30104(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" } ] }, { "text": "131. Increased threshold for exemption of certain amounts as contributions \n(a) Real or personal property exemption \nSection 301(8)(B)(ii) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(ii) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000. (b) Travel expenses exemption \nSection 301(8)(B)(iv) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(iv) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000. (c) Price index adjustment for exemption of certain amounts as contributions \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 104(b), 122(c), 123(b), and 124(b) is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (H) In any calendar year after 2023— (i) the exemption amounts established by section 301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (v), by striking and at the end; (B) in clause (vi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vii) for purposes of section 301(8)(B)(ii) or 301(8)(B)(iv), calendar year 2023.. (d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HBBEF91B8280D4496A2950659854EC188", "header": "Increased threshold for exemption of certain amounts as contributions", "nested": [ { "text": "(a) Real or personal property exemption \nSection 301(8)(B)(ii) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(ii) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000.", "id": "H7D333B30A9304CE1A1B6386ECEB3770A", "header": "Real or personal property exemption", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Travel expenses exemption \nSection 301(8)(B)(iv) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(iv) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000.", "id": "H4A4D36532B9F4D69AD27AE366282AEAC", "header": "Travel expenses exemption", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(c) Price index adjustment for exemption of certain amounts as contributions \nSection 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 104(b), 122(c), 123(b), and 124(b) is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (H) In any calendar year after 2023— (i) the exemption amounts established by section 301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (v), by striking and at the end; (B) in clause (vi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vii) for purposes of section 301(8)(B)(ii) or 301(8)(B)(iv), calendar year 2023..", "id": "HA658AFD91B6E4C5592121D69965F56EC", "header": "Price index adjustment for exemption of certain amounts as contributions", "nested": [], "links": [ { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HD1684A59FBB440BC8F039AA9C4F8E98A", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(8)(B)(ii)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(8)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(c)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "132. Exemption of uncompensated internet communications from treatment as contribution or expenditure \n(a) Exemptions \n(1) Exemption from treatment as contribution \nSection 301(8)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B) ) is amended— (A) by striking and at the end of clause (xiii); (B) by striking the period at the end of clause (xiv) and inserting ; and ; and (C) by adding at the end the following new clause: (xv) any payment by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application, whether coordinated or not.. (2) Exemption from treatment as expenditure \nSection 301(9)(B) of such Act ( 52 U.S.C. 30101(9)(B) ) is amended— (A) by striking and at the end of clause (ix); (B) by striking the period at the end of clause (x) and inserting ; and ; and (C) by adding at the end the following new clause: (xi) any cost incurred by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application.. (b) Application to definition of public communications \nSection 301(22) of such Act ( 52 U.S.C. 30101(22) ) is amended by adding at the end the following: In the previous sentence, the terms public communication and general public political advertising do not include communications disseminated over the internet or via an internet platform or other internet-enabled application, unless the communication or advertising is disseminated for a fee on another person’s website, platform or other internet-enabled application.. (c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H1DB4EED110AE4469A51D29393A052B9C", "header": "Exemption of uncompensated internet communications from treatment as contribution or expenditure", "nested": [ { "text": "(a) Exemptions \n(1) Exemption from treatment as contribution \nSection 301(8)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B) ) is amended— (A) by striking and at the end of clause (xiii); (B) by striking the period at the end of clause (xiv) and inserting ; and ; and (C) by adding at the end the following new clause: (xv) any payment by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application, whether coordinated or not.. (2) Exemption from treatment as expenditure \nSection 301(9)(B) of such Act ( 52 U.S.C. 30101(9)(B) ) is amended— (A) by striking and at the end of clause (ix); (B) by striking the period at the end of clause (x) and inserting ; and ; and (C) by adding at the end the following new clause: (xi) any cost incurred by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application..", "id": "H3CC3B816AE8048BF92BB09832212B00C", "header": "Exemptions", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(9)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Application to definition of public communications \nSection 301(22) of such Act ( 52 U.S.C. 30101(22) ) is amended by adding at the end the following: In the previous sentence, the terms public communication and general public political advertising do not include communications disseminated over the internet or via an internet platform or other internet-enabled application, unless the communication or advertising is disseminated for a fee on another person’s website, platform or other internet-enabled application..", "id": "H4BC7E0C127224BEE8BBDC67BFEE1A3B0", "header": "Application to definition of public communications", "nested": [], "links": [ { "text": "52 U.S.C. 30101(22)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H0F1DF10EEE394ABDB7481A61A23EDECD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(9)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(22)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "133. Media exemption \n(a) Expansion of exemption to additional forms of media \nSection 301(9)(B)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(9)(B)(i) ) is amended to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor, unless such facilities are owned or controlled by any political party, political committee, or candidate;. (b) Application to contributions \nSection 301(8)(B) of such Act ( 52 U.S.C. 30101(8)(B) ), as amended by section 132(a)(1), is amended— (1) by redesignating clauses (i) through (xv) as clauses (ii) through (xvi); and (2) by inserting before clause (ii) (as so redesignated) the following new clause: (i) any payment for any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor.. (c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "HBDA211D67D684709A6A7DC3AFA484660", "header": "Media exemption", "nested": [ { "text": "(a) Expansion of exemption to additional forms of media \nSection 301(9)(B)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(9)(B)(i) ) is amended to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor, unless such facilities are owned or controlled by any political party, political committee, or candidate;.", "id": "HFBC612892F8B49B7AFF7D9BFF5A009B3", "header": "Expansion of exemption to additional forms of media", "nested": [], "links": [ { "text": "52 U.S.C. 30101(9)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(b) Application to contributions \nSection 301(8)(B) of such Act ( 52 U.S.C. 30101(8)(B) ), as amended by section 132(a)(1), is amended— (1) by redesignating clauses (i) through (xv) as clauses (ii) through (xvi); and (2) by inserting before clause (ii) (as so redesignated) the following new clause: (i) any payment for any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor..", "id": "HC683D29DC71041A482ABB57700A63B7B", "header": "Application to contributions", "nested": [], "links": [ { "text": "52 U.S.C. 30101(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.", "id": "H6733B6D2E6464FF68A4C3F4EB7CACFE3", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30101(9)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30101(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" } ] }, { "text": "141. Prohibition on issuance of regulations on Political Contributions \nThe Securities and Exchange Commission may not finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations.", "id": "H0E7FEF55829F437B961BD88D461D292F", "header": "Prohibition on issuance of regulations on Political Contributions", "nested": [], "links": [] }, { "text": "151. Permanent extension of fines for qualified disclosure requirement violations \nSection 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking , and that end on or before December 31, 2023.", "id": "H2644DE095016440C9B58FFF325CE6497", "header": "Permanent extension of fines for qualified disclosure requirement violations", "nested": [], "links": [ { "text": "52 U.S.C. 30109(a)(4)(C)(v)", "legal-doc": "usc", "parsable-cite": "usc/52/30109" } ] }, { "text": "152. Permitting political committees to make disbursements by methods other than check \nSection 302(h)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(h)(1) ) is amended by striking except by check drawn on such accounts in accordance with this section and inserting except from such accounts.", "id": "H359ECB2B155C491EBB83483CA4F477C2", "header": "Permitting political committees to make disbursements by methods other than check", "nested": [], "links": [ { "text": "52 U.S.C. 30102(h)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30102" } ] }, { "text": "153. Designation of individual authorized to make campaign committee disbursements in event of death of candidate \n(a) In General \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ), as amended by section 106(b), is amended by adding at the end the following new subsection: (k) (1) Each candidate may, with respect to each authorized committee of the candidate, designate an individual who shall be responsible for disbursing funds in the accounts of the committee in the event of the death of the candidate, and may also designate another individual to carry out the responsibilities of the designated individual under this subsection in the event of the death or incapacity of the designated individual or the unwillingness of the designated individual to carry out the responsibilities. (2) In order to designate an individual under this subsection, the candidate shall file with the Commission a signed written statement (in a standardized form developed by the Commission) that contains the name and address of the individual and the name of the authorized committee for which the designation shall apply, and that may contain the candidate’s instructions regarding the disbursement of the funds involved by the individual. At any time after filing the statement, the candidate may revoke the designation of an individual by filing with the Commission a signed written statement of revocation (in a standardized form developed by the Commission). (3) (A) Upon the death of a candidate who has designated an individual for purposes of paragraph (1), funds in the accounts of each authorized committee of the candidate may be disbursed only under the direction and in accordance with the instructions of such individual, subject to the terms and conditions applicable to the disbursement of such funds under this Act or any other applicable Federal or State law (other than any provision of State law which authorizes any person other than such individual to direct the disbursement of such funds). (B) Subparagraph (A) does not apply with respect to an authorized committee if, at the time of the candidate’s death, the authorized committee has a treasurer or a designated agent of the treasurer as described in section 302(a), unless the treasurer or designated agent is incapacitated or cannot be reached by the authorized committee. (C) Nothing in this paragraph may be construed to grant any authority to an individual who is designated pursuant to this subsection other than the authority to direct the disbursement of funds as provided in such paragraph, or may be construed to affect the responsibility of the treasurer of an authorized committee for which funds are disbursed in accordance with such paragraph to file reports of the disbursements of such funds under section 304(a).. (b) Inclusion of Designation in Statement of Organization of Committee \nSection 303(b) of such Act ( 52 U.S.C. 30103(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of an authorized committee of a candidate who has designated an individual under section 302(k) (including a second individual designated to carry out the responsibilities of that individual under such section in the event of that individual’s death or incapacity or unwillingness to carry out the responsibilities) to disburse funds from the accounts of the committee in the event of the death of the candidate, a copy of the statement filed by the candidate with the Commission under such section (as well as a copy of any subsequent statement of revocation filed by the candidate with the Commission under such section).. (c) Effective Date \nThe amendments made by this section shall apply with respect to authorized campaign committees which are designated under section 302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or after the date of the enactment of this Act.", "id": "HB047BA53CE144FC2829B903D56C435E6", "header": "Designation of individual authorized to make campaign committee disbursements in event of death of candidate", "nested": [ { "text": "(a) In General \nSection 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ), as amended by section 106(b), is amended by adding at the end the following new subsection: (k) (1) Each candidate may, with respect to each authorized committee of the candidate, designate an individual who shall be responsible for disbursing funds in the accounts of the committee in the event of the death of the candidate, and may also designate another individual to carry out the responsibilities of the designated individual under this subsection in the event of the death or incapacity of the designated individual or the unwillingness of the designated individual to carry out the responsibilities. (2) In order to designate an individual under this subsection, the candidate shall file with the Commission a signed written statement (in a standardized form developed by the Commission) that contains the name and address of the individual and the name of the authorized committee for which the designation shall apply, and that may contain the candidate’s instructions regarding the disbursement of the funds involved by the individual. At any time after filing the statement, the candidate may revoke the designation of an individual by filing with the Commission a signed written statement of revocation (in a standardized form developed by the Commission). (3) (A) Upon the death of a candidate who has designated an individual for purposes of paragraph (1), funds in the accounts of each authorized committee of the candidate may be disbursed only under the direction and in accordance with the instructions of such individual, subject to the terms and conditions applicable to the disbursement of such funds under this Act or any other applicable Federal or State law (other than any provision of State law which authorizes any person other than such individual to direct the disbursement of such funds). (B) Subparagraph (A) does not apply with respect to an authorized committee if, at the time of the candidate’s death, the authorized committee has a treasurer or a designated agent of the treasurer as described in section 302(a), unless the treasurer or designated agent is incapacitated or cannot be reached by the authorized committee. (C) Nothing in this paragraph may be construed to grant any authority to an individual who is designated pursuant to this subsection other than the authority to direct the disbursement of funds as provided in such paragraph, or may be construed to affect the responsibility of the treasurer of an authorized committee for which funds are disbursed in accordance with such paragraph to file reports of the disbursements of such funds under section 304(a)..", "id": "H49476DD02B1E47E5917CD93BC5E66AA2", "header": "In General", "nested": [], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" } ] }, { "text": "(b) Inclusion of Designation in Statement of Organization of Committee \nSection 303(b) of such Act ( 52 U.S.C. 30103(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of an authorized committee of a candidate who has designated an individual under section 302(k) (including a second individual designated to carry out the responsibilities of that individual under such section in the event of that individual’s death or incapacity or unwillingness to carry out the responsibilities) to disburse funds from the accounts of the committee in the event of the death of the candidate, a copy of the statement filed by the candidate with the Commission under such section (as well as a copy of any subsequent statement of revocation filed by the candidate with the Commission under such section)..", "id": "H3C714770F55F44ACBDD0C6B8D21EAF20", "header": "Inclusion of Designation in Statement of Organization of Committee", "nested": [], "links": [ { "text": "52 U.S.C. 30103(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30103" } ] }, { "text": "(c) Effective Date \nThe amendments made by this section shall apply with respect to authorized campaign committees which are designated under section 302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or after the date of the enactment of this Act.", "id": "H4C755735B50641CA861DBDC1EF4854C1", "header": "Effective Date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30102", "legal-doc": "usc", "parsable-cite": "usc/52/30102" }, { "text": "52 U.S.C. 30103(b)", "legal-doc": "usc", "parsable-cite": "usc/52/30103" } ] }, { "text": "154. Prohibiting aiding or abetting making of contributions in name of another \nSection 320 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30122 ) is amended by adding at the end the following new sentence: No person shall knowingly direct, help, or assist any person in making a contribution in the name of another person..", "id": "HE56764E7BE0C4A0D853D50736D32BA61", "header": "Prohibiting aiding or abetting making of contributions in name of another", "nested": [], "links": [ { "text": "52 U.S.C. 30122", "legal-doc": "usc", "parsable-cite": "usc/52/30122" } ] }, { "text": "155. Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission \n(a) Unanimous consent \nSection 307 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107 ) is amended by adding at the end the following new subsection: (f) (1) Except as provided in paragraph (2), the Commission shall defend each action brought against the Commission under this Act or chapter 95 and 96 of the Internal Revenue Code of 1986— (A) through the general counsel, as provided in subsection (a)(6); (B) by appointing counsel as provided in section 306(f)(4); or (C) by referral to the Attorney General in the case of a criminal action. (2) The Commission may refuse to defend an action brought against the Commission pursuant to the unanimous vote of its Members.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to actions brought on or after the date of the enactment of this Act.", "id": "H7A842A6FFCFB40FFB23FDEC434D9609D", "header": "Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission", "nested": [ { "text": "(a) Unanimous consent \nSection 307 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107 ) is amended by adding at the end the following new subsection: (f) (1) Except as provided in paragraph (2), the Commission shall defend each action brought against the Commission under this Act or chapter 95 and 96 of the Internal Revenue Code of 1986— (A) through the general counsel, as provided in subsection (a)(6); (B) by appointing counsel as provided in section 306(f)(4); or (C) by referral to the Attorney General in the case of a criminal action. (2) The Commission may refuse to defend an action brought against the Commission pursuant to the unanimous vote of its Members..", "id": "H424EBC57B77D4B8FA9C97A0CABBB40C3", "header": "Unanimous consent", "nested": [], "links": [ { "text": "52 U.S.C. 30107", "legal-doc": "usc", "parsable-cite": "usc/52/30107" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to actions brought on or after the date of the enactment of this Act.", "id": "H33F4A3E892C54803B2086B08F6AD9246", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30107", "legal-doc": "usc", "parsable-cite": "usc/52/30107" } ] }, { "text": "156. Federal Election Commission member pay \nSection 306(a)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(4) ) is amended by striking equivalent to the compensation paid at level IV of the Executive Schedule ( 5 U.S.C. 5315 ) and inserting at an annual rate of basic pay of $186,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule.", "id": "H17F06F02143548A8BC0BC96A4ECD72CA", "header": "Federal Election Commission member pay", "nested": [], "links": [ { "text": "52 U.S.C. 30106(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" }, { "text": "5 U.S.C. 5315", "legal-doc": "usc", "parsable-cite": "usc/5/5315" } ] }, { "text": "157. Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971 \n(a) 5-Year limitation \nSection 406(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30145(a) ) is amended— (1) by striking (a) and inserting (a)(1) ; and (2) by adding at the end the following new paragraph: (2) No person shall be subject to a civil penalty for any violation of title III of this Act unless the proceeding is initiated in accordance with section 309 not later than 5 years after the date on which the violation occurred.. (b) Effective date \nThe amendment made by subsection (a) shall apply with respect to violations occurring on or after the date of the enactment of this Act.", "id": "H0E13E2A0B2E24CB5A41FFF3F2AD1D342", "header": "Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971", "nested": [ { "text": "(a) 5-Year limitation \nSection 406(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30145(a) ) is amended— (1) by striking (a) and inserting (a)(1) ; and (2) by adding at the end the following new paragraph: (2) No person shall be subject to a civil penalty for any violation of title III of this Act unless the proceeding is initiated in accordance with section 309 not later than 5 years after the date on which the violation occurred..", "id": "HFE7AAB2BE08F495CB98E38D923AC6DEE", "header": "5-Year limitation", "nested": [], "links": [ { "text": "52 U.S.C. 30145(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30145" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall apply with respect to violations occurring on or after the date of the enactment of this Act.", "id": "HC27A4216EB3A4515B692D7ADFD751EC4", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30145(a)", "legal-doc": "usc", "parsable-cite": "usc/52/30145" } ] }, { "text": "158. Repeal of obsolete provisions of law \n(a) Provisions held unconstitutional \n(1) Membership of Secretary of Senate and Clerk of House on Federal Election Commission \nSection 306(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(1) ) is amended by striking the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and. (2) Choice of independent or coordinated expenditures by political parties \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended— (A) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4); (B) in paragraph (4), as so redesignated, by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3) ; and (C) in paragraph (1), by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3). (3) Prohibiting contributions by minors \nThe Federal Election Campaign Act of 1971 is amended by striking section 324 ( 52 U.S.C. 30126 ). (4) Increase in contribution limits for candidates in response to personal fund expenditures by opponents \n(A) House candidates \nThe Federal Election Campaign Act of 1971 is amended by striking section 315A ( 52 U.S.C. 30117 ). (B) Senate candidates \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended— (i) by striking subsection (i); and (ii) by redesignating subsection (j) as subsection (i). (C) Conforming amendment relating to notification \nSection 304(a)(6) of such Act ( 52 U.S.C. 30104(a)(6) ) is amended— (i) by striking subparagraphs (B), (C), and (D); and (ii) by redesignating subparagraph (E) as subparagraph (D). (D) Conforming amendment relating to definitions \nSection 301(25) of such Act ( 52 U.S.C. 30101(25) ) is amended by striking For purposes of sections 315(i) and 315A and paragraph (26), the term and inserting The term. (E) Other conforming amendment \nSection 315(a)(1) of such Act ( 52 U.S.C. 30116(a)(1) ) is amended by striking Except as provided in subsection (i) and section 315A, no person and inserting No person. (5) Electioneering communications and independent expenditures by corporations and labor organizations \nSection 316 of such Act ( 52 U.S.C. 30117 ) is amended— (A) in subsection (b)(1), by striking or for any applicable electioneering communication ; and (B) by striking subsection (c). (6) Limitation on aggregate amount of contributions by individuals \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended— (A) in subsection (a), by striking paragraph (3); and (B) in subsection (c), by striking (a)(3), each place it appears in paragraph (1)(B)(i), paragraph (1)(C), and paragraph (2)(B)(ii). (7) Limitation on repayment of personal loans \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended by striking subsection (i), as redesignated by paragraph (4)(B)(ii). (b) Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions \nSection 9008 of the Internal Revenue Code of 1986 is amended— (1) in subsection (b), by striking paragraph (3); and (2) by striking subsections (c), (d), (e), (f), (g), and (h). (c) Technical correction \nSections 307 and 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each amended by striking subpena each place it appears and inserting subpoena.", "id": "H8FF87D8B463B49B1BA0C8AFC9F7BC287", "header": "Repeal of obsolete provisions of law", "nested": [ { "text": "(a) Provisions held unconstitutional \n(1) Membership of Secretary of Senate and Clerk of House on Federal Election Commission \nSection 306(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(1) ) is amended by striking the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and. (2) Choice of independent or coordinated expenditures by political parties \nSection 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended— (A) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4); (B) in paragraph (4), as so redesignated, by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3) ; and (C) in paragraph (1), by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3). (3) Prohibiting contributions by minors \nThe Federal Election Campaign Act of 1971 is amended by striking section 324 ( 52 U.S.C. 30126 ). (4) Increase in contribution limits for candidates in response to personal fund expenditures by opponents \n(A) House candidates \nThe Federal Election Campaign Act of 1971 is amended by striking section 315A ( 52 U.S.C. 30117 ). (B) Senate candidates \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended— (i) by striking subsection (i); and (ii) by redesignating subsection (j) as subsection (i). (C) Conforming amendment relating to notification \nSection 304(a)(6) of such Act ( 52 U.S.C. 30104(a)(6) ) is amended— (i) by striking subparagraphs (B), (C), and (D); and (ii) by redesignating subparagraph (E) as subparagraph (D). (D) Conforming amendment relating to definitions \nSection 301(25) of such Act ( 52 U.S.C. 30101(25) ) is amended by striking For purposes of sections 315(i) and 315A and paragraph (26), the term and inserting The term. (E) Other conforming amendment \nSection 315(a)(1) of such Act ( 52 U.S.C. 30116(a)(1) ) is amended by striking Except as provided in subsection (i) and section 315A, no person and inserting No person. (5) Electioneering communications and independent expenditures by corporations and labor organizations \nSection 316 of such Act ( 52 U.S.C. 30117 ) is amended— (A) in subsection (b)(1), by striking or for any applicable electioneering communication ; and (B) by striking subsection (c). (6) Limitation on aggregate amount of contributions by individuals \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended— (A) in subsection (a), by striking paragraph (3); and (B) in subsection (c), by striking (a)(3), each place it appears in paragraph (1)(B)(i), paragraph (1)(C), and paragraph (2)(B)(ii). (7) Limitation on repayment of personal loans \nSection 315 of such Act ( 52 U.S.C. 30116 ) is amended by striking subsection (i), as redesignated by paragraph (4)(B)(ii).", "id": "HC98F4EF6383C4A91BFA676D3C2C3ABD2", "header": "Provisions held unconstitutional", "nested": [], "links": [ { "text": "52 U.S.C. 30106(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" }, { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30126", "legal-doc": "usc", "parsable-cite": "usc/52/30126" }, { "text": "52 U.S.C. 30117", "legal-doc": "usc", "parsable-cite": "usc/52/30117" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30104(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30101(25)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30117", "legal-doc": "usc", "parsable-cite": "usc/52/30117" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" } ] }, { "text": "(b) Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions \nSection 9008 of the Internal Revenue Code of 1986 is amended— (1) in subsection (b), by striking paragraph (3); and (2) by striking subsections (c), (d), (e), (f), (g), and (h).", "id": "HAFF8B2F0968F4DC2A48F3E72DB6F99C8", "header": "Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions", "nested": [], "links": [ { "text": "Section 9008", "legal-doc": "usc", "parsable-cite": "usc/26/9008" } ] }, { "text": "(c) Technical correction \nSections 307 and 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each amended by striking subpena each place it appears and inserting subpoena.", "id": "H5A21032F25EF4F4C99B95A8ED01E348A", "header": "Technical correction", "nested": [], "links": [] } ], "links": [ { "text": "52 U.S.C. 30106(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30106" }, { "text": "52 U.S.C. 30116(d)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30126", "legal-doc": "usc", "parsable-cite": "usc/52/30126" }, { "text": "52 U.S.C. 30117", "legal-doc": "usc", "parsable-cite": "usc/52/30117" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30104(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/52/30104" }, { "text": "52 U.S.C. 30101(25)", "legal-doc": "usc", "parsable-cite": "usc/52/30101" }, { "text": "52 U.S.C. 30116(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30117", "legal-doc": "usc", "parsable-cite": "usc/52/30117" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "52 U.S.C. 30116", "legal-doc": "usc", "parsable-cite": "usc/52/30116" }, { "text": "Section 9008", "legal-doc": "usc", "parsable-cite": "usc/26/9008" } ] }, { "text": "159. Deadline for promulgation of proposed regulations \nNot later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall publish in the Federal Register proposed regulations to carry out this Act and the amendments made by this Act.", "id": "H462E7D2F445948E4B4B07178B997167E", "header": "Deadline for promulgation of proposed regulations", "nested": [], "links": [] } ]
30
1. Short title This Act may be cited as the First Amendment Protection Act. 2. Table of Contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of Contents. Title I—Protecting Political Speech Sec. 101. Findings. Sec. 102. Repeal of limits on coordinated political party expenditures. Sec. 103. Repeal of limit on aggregate contributions by individuals. Sec. 104. Equalization of contribution limits to State and national political party committees. Sec. 105. Expansion of permissible Federal election activity by State and local political parties. Sec. 106. Participation in joint fundraising activities by multiple political committees. Sec. 107. Protecting privacy of donors to tax-exempt organizations. Sec. 108. Reporting requirements for tax-exempt organizations. Sec. 109. Maintenance of standards for determining eligibility of section 501(c)(4) organizations. Title II—Prohibition on Use of Federal funds for Congressional Campaigns Sec. 111. Prohibiting use of Federal funds for payments in support of congressional campaigns. Title III—Registration and Reporting Requirements Sec. 121. Electronic filing of electioneering communication reports. Sec. 122. Increased qualifying threshold and establishing purpose for political committees. Sec. 123. Increased threshold with respect to independent expenditure reporting requirement. Sec. 124. Increased qualifying threshold with respect to candidates. Sec. 125. Repeal requirement of persons making independent expenditures to report identification of certain donors. Title IV—Exclusion of Certain Amounts from Treatment as Contributions or Expenditures Sec. 131. Increased threshold for exemption of certain amounts as contributions. Sec. 132. Exemption of uncompensated internet communications from treatment as contribution or expenditure. Sec. 133. Media exemption. Title V—Prohibition on Issuance of Regulations on Political Contributions Sec. 141. Prohibition on issuance of regulations on Political Contributions. Title VI—Miscellaneous Provisions Sec. 151. Permanent extension of fines for qualified disclosure requirement violations. Sec. 152. Permitting political committees to make disbursements by methods other than check. Sec. 153. Designation of individual authorized to make campaign committee disbursements in event of death of candidate. Sec. 154. Prohibiting aiding or abetting making of contributions in name of another. Sec. 155. Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission. Sec. 156. Federal Election Commission member pay. Sec. 157. Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971. Sec. 158. Repeal of obsolete provisions of law. Sec. 159. Deadline for promulgation of proposed regulations. 101. Findings Congress finds the following: (1) The structure of the Constitution and its amendments represents the radical idea that any sovereign power exercised by the Federal Government flows either directly from the people or through the States they established to govern themselves. In the words of the Ninth and Tenth Amendments, [t]he enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.. (2) Among the many freedoms it protects, the First Amendment prevents Congress from making any law abridging the freedom of speech, the right of the people peaceably to assemble, or the right of the people to petition the Government for the redress of grievances. (3) Any proposed Federal action concerning freedom of speech, protest, or petition must start with an analysis of the First Amendment. Congress must ask whether the proposed action would abridge these freedoms, and any uncertainty must be determined in favor of fewer restrictions on speech. (4) In particular, political speech, uttered in the furtherance of self-government, must raise an even higher bar to congressional abridgement. The mechanisms and media used to offer political speech must realize the same protections. (5) As the Supreme Court has recognized, the Constitution grants Congress only a very narrow interest in the regulation of political speech, the prevention of corruption or the appearance of corruption. (6) In order to uphold and effectuate the Constitution, any Federal statute that goes beyond this interest must be repealed, and Congress must exercise its article 1 authorities to do so. 102. Repeal of limits on coordinated political party expenditures (a) Repeal of Limits Section 315(d) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(d) ) is amended— (1) in paragraph (1)— (A) by striking may make expenditures and inserting may make expenditures, including coordinated expenditures, ; and (B) by striking Federal office, subject to the limitations contained in paragraphs (2), (3), and (4) of this subsection and inserting Federal office in any amount ; and (2) by striking paragraphs (2), (3), (4), and (5). (b) Clarifying treatment of certain party communications as coordinated expenditures Section 315(d) of such Act ( 52 U.S.C. 30116(d) ), as amended by subsection (a), is amended by adding at the end the following new paragraph: (2) For purposes of this subsection, if a public communication paid for by a committee of a political party or its agent refers to a clearly identified House or Senate candidate and is publicly distributed or otherwise publicly disseminated in the clearly identified candidate’s jurisdiction, the communication shall be treated as a coordinated expenditure in connection with the campaign of a candidate for purposes of this subsection.. (c) Conforming amendment relating to Indexing Section 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (1) in paragraph (1)(B)(i), by striking (d), ; and (2) in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (b). (d) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 103. Repeal of limit on aggregate contributions by individuals (a) Findings Congress finds that the Supreme Court of the United States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the biennial aggregate limits under section 315(a)(3) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(3) ) to be unconstitutional. (b) Repeal Section 315(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a) ) is amended by striking paragraph (3). (c) Conforming amendments Section 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended by striking (a)(3), each place it appears in paragraph (1)(B)(i), (1)(C), and (2)(B)(ii). 104. Equalization of contribution limits to State and national political party committees (a) In general Section 315(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(a)(1) ) is amended— (1) in subparagraph (B), by striking a national political party and inserting a national or State political party ; (2) by adding or at the end of subparagraph (B); (3) in subparagraph (C), by striking ; or and inserting a period; and (4) by striking subparagraph (D). (b) Contributions by multicandidate political committees (1) In general Section 315(a)(2)(B) of such Act ( 52 U.S.C. 30116(a)(2)(B) ) is amended by striking a national political party and inserting a national or State political party. (2) Price index adjustment Section 315(c) of such Act ( 52 U.S.C. 30116(c) ) is amended— (A) in paragraph (1), by adding at the end the following new subparagraph: (D) In any calendar year after 2022— (i) a threshold established by subsection (a)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (B) in paragraph (2)(B)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following new clause: (iii) for purposes of subsection (a)(2), calendar year 2023.. (c) Acceptance of additional amounts for certain accounts (1) Permitting acceptance of additional amounts in same manner as national parties Section 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended— (A) in paragraph (1)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10) ; and (B) in paragraph (2)(B), by striking paragraph (9) and inserting paragraph (9) or paragraph (10). (2) Accounts Section 315(a)(9) of such Act ( 52 U.S.C. 30116(a)(9) ) is amended by striking national committee of a political party each place it appears in subparagraphs (A), (B), and (C) and inserting committee of a national or State political party. (3) State party convention accounts described Section 315(a) of such Act ( 52 U.S.C. 30116(a) ) is amended by adding at the end the following new paragraph: (10) An account described in this paragraph is a separate, segregated account of a political committee established and maintained by a State committee of a political party which is used solely to defray— (A) expenses incurred with respect to carrying out State party nominating activities or other party-building conventions; (B) expenses incurred with respect to providing for the attendance of delegates at a presidential nominating convention, but only to the extent that such expenses are not paid for from the account described in paragraph (9)(A); or (C) expenses incurred with respect to carrying out local, county, or district conventions or proceedings to elect delegates to a State party convention.. (d) Clarification of indexing of amounts To ensure equalization of party contribution limits For purposes of applying section 315(c) of such Act ( 52 U.S.C. 30116(c) ) to limits on the amount of contributions to political committees established and maintained by a State political party, the amendments made by this section shall be considered to have been included in section 307 of the Bipartisan Campaign Reform Act of 2002 ( Public Law 107–55 ; 116 Stat. 102). (e) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 105. Expansion of permissible Federal election activity by State and local political parties (a) Expansion of permissible use of funds not subject to contribution limits or source prohibitions by State and local political parties for Federal election activity Section 323(b)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30125(b)(2) ) is amended to read as follows: (2) Applicability Notwithstanding section 301(20), for purposes of paragraph (1), an amount that is expended or disbursed by a State, district, or local committee of a political party shall be considered to be expended or disbursed for Federal election activity only if the committee coordinated the expenditure or disbursement of the amount with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office.. (b) Conforming amendments (1) Fundraising costs Section 323(c) of such Act ( 52 U.S.C. 30125(c) ) is amended by adding at the end the following new sentence: In the case of a person described in subsection (b), the previous sentence applies only if the amount was spent by such person in coordination with a candidate for election for Federal office or an authorized committee of a candidate for election for Federal office, as determined pursuant to regulations promulgated by the Commission for the purpose of determining whether a political party communication is coordinated with a candidate, a candidate's authorized committee, or an agent thereof.. (2) Appearance of Federal candidates or officeholders at fundraising events Section 323(e)(3) of such Act ( 52 U.S.C. 30125(e)(3) ) is amended by striking subsection (b)(2)(C) and inserting subsection (b). 106. Participation in joint fundraising activities by multiple political committees (a) Findings Congress finds the following: (1) While Federal law permits the Federal Election Commission to engage in certain gap-filling activities as it administers the Federal Election Campaign Act of 1971, the regulations promulgated by the Federal Election Commission to govern joint fundraising activities of multiple political committees are not tied specifically to any particular provision of the Act, and while these regulations generally duplicate the provisions of the Act, they also impose additional and unnecessary burdens on political committees which seek to engage in joint fundraising activities, such as a requirement for written agreements between the participating committees. (2) It is therefore not necessary at this time to direct the Federal Election Commission to repeal the existing regulations which govern joint fundraising activities of multiple political committees, as some political committees may have reasons for following the provisions of such regulations which impose additional and unnecessary burdens on these activities. (b) Criteria for participation in joint fundraising activities Section 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ) is amended by adding at the end the following new subsection: (j) Criteria for participation in joint fundraising activities by multiple political committees (1) Criteria described Two or more political committees as defined in this Act may participate in joint fundraising activities in accordance with the following criteria: (A) The costs of the activities shall be allocated among and paid for by the participating committees on the basis of the allocation among the participating committees of the contributions received as a result of the activities. (B) Notwithstanding subparagraph (A), a participating committee may make a payment (in whole or in part) for the portion of the costs of the activities which is allocated to another participating committee, and the amount of any such payment shall be treated as a contribution made by the committee to the other participating committee. (C) The provisions of section 315(a)(8) regarding the treatment of contributions to a candidate which are earmarked or otherwise directed through an intermediary or conduit shall apply to contributions made by a person to a participating committee which are allocated by the committee to another participating committee. (2) Rule of construction Nothing in this subsection may be construed to prohibit two or more political committees from participating in joint fundraising activities by designating or establishing a separate, joint committee subject to the registration and reporting requirements of this Act or by publishing a joint fundraising notice.. 107. Protecting privacy of donors to tax-exempt organizations (a) Short title This section may be cited as the Speech Privacy Act of 2023. (b) Restrictions on collection of donor information (1) Restrictions An entity of the Federal Government may not collect or require the submission of information on the identification of any donor to a tax-exempt organization. (2) Exceptions Paragraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6033 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to collect or require the submission of the information, but only to the extent permitted by the lawful order of such court or administrative body. (c) Restrictions on release of donor information (1) Restrictions An entity of the Federal Government may not disclose to the public information revealing the identification of any donor to a tax-exempt organization. (2) Exceptions Paragraph (1) does not apply to the following: (A) The Internal Revenue Service, acting lawfully pursuant to section 6104 of the Internal Revenue Code of 1986 or any successor provision. (B) The Secretary of the Senate and the Clerk of the House of Representatives, acting lawfully pursuant to section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604 ). (C) The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code. (D) An entity acting pursuant to a lawful order of a court or administrative body which has the authority under law to direct the entity to disclose the information, but only to the extent permitted by the lawful order of such court or administrative body. (E) An entity which discloses the information as authorized by the organization. (d) Tax-Exempt organization defined In this section, a tax-exempt organization means an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. Nothing in this subsection may be construed to treat a political organization under section 527 of such Code as a tax-exempt organization for purposes of this section. (e) Penalties It shall be unlawful for any officer or employee of the United States, or any former officer or employee, willfully to disclose to any person, except as authorized in this section, any information revealing the identification of any donor to a tax-exempt organization. Any violation of this section shall be a felony punishable upon conviction by a fine in any amount not exceeding $250,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. 108. Reporting requirements for tax-exempt organizations (a) Short title This section may be cited as the Don't Weaponize the IRS Act. (b) Organizations exempt from reporting (1) Gross receipts threshold Clause (ii) of section 6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended by striking $5,000 and inserting $50,000. (2) Organizations described Subparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended— (A) by striking and at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting a semicolon, and (C) by adding at the end the following new clauses: (vii) any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and (viii) any organization (other than a private foundation or a supporting organization described in section 509(a)(3)) which is not described in section 170(c)(2)(A), or which is created or organized in a possession of the United States, which has no significant activity (including lobbying and political activity and the operation of a trade or business) other than investment activity in the United States.. (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Clarification of application to section 527 organizations (1) In general Paragraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended— (A) by striking This section and inserting Except as otherwise provided by this subsection, this section , and (B) by striking for the taxable year. and inserting for the taxable year in the same manner as to an organization exempt from taxation under section 501(a).. (2) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (d) Reporting of names and addresses of contributors (1) In general Paragraph (1) of section 6033(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Except as provided in subsections (b)(5) and (g)(2)(B), such annual return shall not be required to include the names and addresses of contributors to the organization.. (2) Application to section 527 organizations Paragraph (2) of section 6033(g) 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), and (C) by inserting after subparagraph (A) the following new subparagraph: (B) containing the names and addresses of all substantial contributors, and. (3) Effective date The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. 109. Maintenance of standards for determining eligibility of section 501(c)(4) organizations (a) In general The Department of the Treasury, including the Internal Revenue Service, may not issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) of the Internal Revenue Code of 1986 (including the proposed regulations published at 78 Fed. Reg. 71535 (November 29, 2013)). (b) Application of current standards and definitions The standard and definitions as in effect on January 1, 2010, which are used to make determinations described in subsection (a) shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date. 111. Prohibiting use of Federal funds for payments in support of congressional campaigns No Federal funds, including amounts attributable to the collection of fines and penalties, may be used to make any payment in support of a campaign for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. 121. Electronic filing of electioneering communication reports Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(a)(11)(A)(i) ) is amended by inserting or makes, or has reason to expect to make, electioneering communications after expenditures. 122. Increased qualifying threshold and establishing purpose for political committees (a) In general Section 301(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(4) ) is amended to read as follows: (4) The term political committee means— (A) any committee, club, association, or other group of persons, including any local committee of a political party, which receives contributions aggregating in excess of $25,000 during a calendar year or which makes expenditures aggregating in excess of $25,000 during a calendar year and which is under the control of a candidate or has the major purpose of nominating or electing a candidate; or (B) any separate segregated fund established under the provisions of section 316(b).. (b) Definition Section 301 of such Act ( 52 U.S.C. 30101 ) is amended by adding at the end the following new paragraph: (27) Major purpose of nominating or electing a candidate The term major purpose of nominating or electing a candidate means, with respect to a group of persons described in paragraph (4)(A)— (A) a group whose central organizational purpose is to expressly advocate for the nomination, election, or defeat of a candidate; or (B) a group for which the majority of its spending throughout its lifetime of existence has been on contributions, expenditures, or independent expenditures.. (c) Price index adjustment for political committee threshold Section 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by section 104(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (E) In any calendar year after 2023— (i) a threshold established by section 301(4)(A) or 301(4)(C) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (ii), by striking and at the end; (B) in clause (iii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iv) for purposes of sections 301(4)(A) and 301(4)(C), calendar year 2023.. (d) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 123. Increased threshold with respect to independent expenditure reporting requirement (a) In general Section 304(c)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(1) ) is amended by striking $250 and inserting $1,000. (b) Price index adjustment for independent expenditure reporting threshold Section 315(c) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30116(c) ), as amended by sections 104(b) and 122(c), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (F) In any calendar year after 2023— (i) a threshold established by section 304(c)(1) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain in effect for the calendar year; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (v) for purposes of section 304(c)(1), calendar year 2023.. (c) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 124. Increased qualifying threshold with respect to candidates (a) Increase in threshold Section 301(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(2) ) is amended by striking $5,000 each place it appears and inserting $10,000. (b) Price index adjustment for exemption of certain amounts as contributions Section 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 104(b), 122(c), and 123(b), is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (G) In any calendar year after 2023— (i) a threshold established by sections 301(2) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (iv), by striking and at the end; (B) in clause (v), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vi) for purposes of sections 301(2), calendar year 2023.. (c) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 125. Repeal requirement of persons making independent expenditures to report identification of certain donors (a) Repeal Section 304(c)(2) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30104(c)(2) ) is amended— (1) in subparagraph (A), by adding and at the end; (2) in subparagraph (B), by striking ; and and inserting a period; and (3) by striking subparagraph (C). (b) Conforming amendment Section 304(c)(1) of such Act ( 52 U.S.C. 30104(c)(1) ) is amended by striking the information required under subsection (b)(3)(A) for all contributions received by such person and inserting the information required under paragraph (2). (c) Effective date The amendments made by this section shall apply with respect to independent expenditures made on or after the date of the enactment of this Act. 131. Increased threshold for exemption of certain amounts as contributions (a) Real or personal property exemption Section 301(8)(B)(ii) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(ii) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000. (b) Travel expenses exemption Section 301(8)(B)(iv) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B)(iv) ) is amended— (1) by striking $1,000 and inserting $2,000 ; and (2) by striking $2,000 and inserting $4,000. (c) Price index adjustment for exemption of certain amounts as contributions Section 315(c) of such Act ( 52 U.S.C. 30116(c) ), as amended by sections 104(b), 122(c), 123(b), and 124(b) is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (H) In any calendar year after 2023— (i) the exemption amounts established by section 301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the percent difference determined under subparagraph (A); (ii) each amount so increased shall remain for the 2-year period that begins on the first day following the date of the general election in the year preceding the year in which the amount is increased and ending on the date of the next general election; and (iii) if any amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. ; and (2) in paragraph (2)(B)— (A) in clause (v), by striking and at the end; (B) in clause (vi), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (vii) for purposes of section 301(8)(B)(ii) or 301(8)(B)(iv), calendar year 2023.. (d) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 132. Exemption of uncompensated internet communications from treatment as contribution or expenditure (a) Exemptions (1) Exemption from treatment as contribution Section 301(8)(B) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(8)(B) ) is amended— (A) by striking and at the end of clause (xiii); (B) by striking the period at the end of clause (xiv) and inserting ; and ; and (C) by adding at the end the following new clause: (xv) any payment by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application, whether coordinated or not.. (2) Exemption from treatment as expenditure Section 301(9)(B) of such Act ( 52 U.S.C. 30101(9)(B) ) is amended— (A) by striking and at the end of clause (ix); (B) by striking the period at the end of clause (x) and inserting ; and ; and (C) by adding at the end the following new clause: (xi) any cost incurred by any person in producing and disseminating any information or communication on the internet, internet platform or other internet-enabled application, unless the information or communication is disseminated for a fee on another person’s website, platform or other internet-enabled application.. (b) Application to definition of public communications Section 301(22) of such Act ( 52 U.S.C. 30101(22) ) is amended by adding at the end the following: In the previous sentence, the terms public communication and general public political advertising do not include communications disseminated over the internet or via an internet platform or other internet-enabled application, unless the communication or advertising is disseminated for a fee on another person’s website, platform or other internet-enabled application.. (c) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 133. Media exemption (a) Expansion of exemption to additional forms of media Section 301(9)(B)(i) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101(9)(B)(i) ) is amended to read as follows: (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor, unless such facilities are owned or controlled by any political party, political committee, or candidate;. (b) Application to contributions Section 301(8)(B) of such Act ( 52 U.S.C. 30101(8)(B) ), as amended by section 132(a)(1), is amended— (1) by redesignating clauses (i) through (xv) as clauses (ii) through (xvi); and (2) by inserting before clause (ii) (as so redesignated) the following new clause: (i) any payment for any news story, commentary, or editorial distributed through the facilities of any broadcasting, cable, satellite, or internet-based station, programmer, operator or producer; newspaper, magazine, or other periodical publisher; electronic publisher, platform, or application; book publisher; or filmmaker or film producer, distributor or exhibitor.. (c) Effective date The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year. 141. Prohibition on issuance of regulations on Political Contributions The Securities and Exchange Commission may not finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations. 151. Permanent extension of fines for qualified disclosure requirement violations Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30109(a)(4)(C)(v) ) is amended by striking , and that end on or before December 31, 2023. 152. Permitting political committees to make disbursements by methods other than check Section 302(h)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102(h)(1) ) is amended by striking except by check drawn on such accounts in accordance with this section and inserting except from such accounts. 153. Designation of individual authorized to make campaign committee disbursements in event of death of candidate (a) In General Section 302 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30102 ), as amended by section 106(b), is amended by adding at the end the following new subsection: (k) (1) Each candidate may, with respect to each authorized committee of the candidate, designate an individual who shall be responsible for disbursing funds in the accounts of the committee in the event of the death of the candidate, and may also designate another individual to carry out the responsibilities of the designated individual under this subsection in the event of the death or incapacity of the designated individual or the unwillingness of the designated individual to carry out the responsibilities. (2) In order to designate an individual under this subsection, the candidate shall file with the Commission a signed written statement (in a standardized form developed by the Commission) that contains the name and address of the individual and the name of the authorized committee for which the designation shall apply, and that may contain the candidate’s instructions regarding the disbursement of the funds involved by the individual. At any time after filing the statement, the candidate may revoke the designation of an individual by filing with the Commission a signed written statement of revocation (in a standardized form developed by the Commission). (3) (A) Upon the death of a candidate who has designated an individual for purposes of paragraph (1), funds in the accounts of each authorized committee of the candidate may be disbursed only under the direction and in accordance with the instructions of such individual, subject to the terms and conditions applicable to the disbursement of such funds under this Act or any other applicable Federal or State law (other than any provision of State law which authorizes any person other than such individual to direct the disbursement of such funds). (B) Subparagraph (A) does not apply with respect to an authorized committee if, at the time of the candidate’s death, the authorized committee has a treasurer or a designated agent of the treasurer as described in section 302(a), unless the treasurer or designated agent is incapacitated or cannot be reached by the authorized committee. (C) Nothing in this paragraph may be construed to grant any authority to an individual who is designated pursuant to this subsection other than the authority to direct the disbursement of funds as provided in such paragraph, or may be construed to affect the responsibility of the treasurer of an authorized committee for which funds are disbursed in accordance with such paragraph to file reports of the disbursements of such funds under section 304(a).. (b) Inclusion of Designation in Statement of Organization of Committee Section 303(b) of such Act ( 52 U.S.C. 30103(b) ) is amended— (1) in paragraph (5), by striking and at the end; (2) in paragraph (6), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (7) in the case of an authorized committee of a candidate who has designated an individual under section 302(k) (including a second individual designated to carry out the responsibilities of that individual under such section in the event of that individual’s death or incapacity or unwillingness to carry out the responsibilities) to disburse funds from the accounts of the committee in the event of the death of the candidate, a copy of the statement filed by the candidate with the Commission under such section (as well as a copy of any subsequent statement of revocation filed by the candidate with the Commission under such section).. (c) Effective Date The amendments made by this section shall apply with respect to authorized campaign committees which are designated under section 302(e)(1) of the Federal Election Campaign Act of 1971 before, on, or after the date of the enactment of this Act. 154. Prohibiting aiding or abetting making of contributions in name of another Section 320 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30122 ) is amended by adding at the end the following new sentence: No person shall knowingly direct, help, or assist any person in making a contribution in the name of another person.. 155. Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission (a) Unanimous consent Section 307 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30107 ) is amended by adding at the end the following new subsection: (f) (1) Except as provided in paragraph (2), the Commission shall defend each action brought against the Commission under this Act or chapter 95 and 96 of the Internal Revenue Code of 1986— (A) through the general counsel, as provided in subsection (a)(6); (B) by appointing counsel as provided in section 306(f)(4); or (C) by referral to the Attorney General in the case of a criminal action. (2) The Commission may refuse to defend an action brought against the Commission pursuant to the unanimous vote of its Members.. (b) Effective date The amendment made by subsection (a) shall apply with respect to actions brought on or after the date of the enactment of this Act. 156. Federal Election Commission member pay Section 306(a)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(4) ) is amended by striking equivalent to the compensation paid at level IV of the Executive Schedule ( 5 U.S.C. 5315 ) and inserting at an annual rate of basic pay of $186,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule. 157. Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971 (a) 5-Year limitation Section 406(a) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30145(a) ) is amended— (1) by striking (a) and inserting (a)(1) ; and (2) by adding at the end the following new paragraph: (2) No person shall be subject to a civil penalty for any violation of title III of this Act unless the proceeding is initiated in accordance with section 309 not later than 5 years after the date on which the violation occurred.. (b) Effective date The amendment made by subsection (a) shall apply with respect to violations occurring on or after the date of the enactment of this Act. 158. Repeal of obsolete provisions of law (a) Provisions held unconstitutional (1) Membership of Secretary of Senate and Clerk of House on Federal Election Commission Section 306(a)(1) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(1) ) is amended by striking the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and. (2) Choice of independent or coordinated expenditures by political parties Section 315(d) of such Act ( 52 U.S.C. 30116(d) ) is amended— (A) by striking paragraph (4) and redesignating paragraph (5) as paragraph (4); (B) in paragraph (4), as so redesignated, by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3) ; and (C) in paragraph (1), by striking paragraphs (2), (3), and (4) and inserting paragraphs (2) and (3). (3) Prohibiting contributions by minors The Federal Election Campaign Act of 1971 is amended by striking section 324 ( 52 U.S.C. 30126 ). (4) Increase in contribution limits for candidates in response to personal fund expenditures by opponents (A) House candidates The Federal Election Campaign Act of 1971 is amended by striking section 315A ( 52 U.S.C. 30117 ). (B) Senate candidates Section 315 of such Act ( 52 U.S.C. 30116 ) is amended— (i) by striking subsection (i); and (ii) by redesignating subsection (j) as subsection (i). (C) Conforming amendment relating to notification Section 304(a)(6) of such Act ( 52 U.S.C. 30104(a)(6) ) is amended— (i) by striking subparagraphs (B), (C), and (D); and (ii) by redesignating subparagraph (E) as subparagraph (D). (D) Conforming amendment relating to definitions Section 301(25) of such Act ( 52 U.S.C. 30101(25) ) is amended by striking For purposes of sections 315(i) and 315A and paragraph (26), the term and inserting The term. (E) Other conforming amendment Section 315(a)(1) of such Act ( 52 U.S.C. 30116(a)(1) ) is amended by striking Except as provided in subsection (i) and section 315A, no person and inserting No person. (5) Electioneering communications and independent expenditures by corporations and labor organizations Section 316 of such Act ( 52 U.S.C. 30117 ) is amended— (A) in subsection (b)(1), by striking or for any applicable electioneering communication ; and (B) by striking subsection (c). (6) Limitation on aggregate amount of contributions by individuals Section 315 of such Act ( 52 U.S.C. 30116 ) is amended— (A) in subsection (a), by striking paragraph (3); and (B) in subsection (c), by striking (a)(3), each place it appears in paragraph (1)(B)(i), paragraph (1)(C), and paragraph (2)(B)(ii). (7) Limitation on repayment of personal loans Section 315 of such Act ( 52 U.S.C. 30116 ) is amended by striking subsection (i), as redesignated by paragraph (4)(B)(ii). (b) Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions Section 9008 of the Internal Revenue Code of 1986 is amended— (1) in subsection (b), by striking paragraph (3); and (2) by striking subsections (c), (d), (e), (f), (g), and (h). (c) Technical correction Sections 307 and 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each amended by striking subpena each place it appears and inserting subpoena. 159. Deadline for promulgation of proposed regulations Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall publish in the Federal Register proposed regulations to carry out this Act and the amendments made by this Act.
45,234
[ "Committee on House Administration", "Oversight and Accountability Committee", "Financial Services Committee", "Ways and Means Committee" ]
118hr6527ih
118
hr
6,527
ih
To enhance civil rights accountability and enforcement in the Department of Agriculture, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Just USDA Standards and Transparency Act of 2023 or the JUST Act of 2023.", "id": "H8EDFE0248B8A4A7DBDDAA4FE8203730F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Civil rights accountability for USDA employees \n(a) In general \nThe Secretary of Agriculture shall ensure that appropriate corrective action is taken with respect to any official or employee of the Department of Agriculture who has been found to have engaged in any of the actions, violations, or misconduct referred to in subsection (b) while in the course of such official’s or employee’s employment or in administering a Department of Agriculture program or service— (1) in any administrative finding by the Department of Agriculture, including any final agency decision issued by the Assistant Secretary of Agriculture for Civil Rights and any civil rights compliance review or misconduct investigation conducted by the Department of Agriculture; (2) in any Federal administrative or judicial proceeding; (3) in any settlement with respect to civil rights; (4) in any audit or investigation conducted by the Office of the Inspector General of the Department of Agriculture; or (5) in any investigation conducted by the Office of the Special Counsel. (b) Covered actions, violations, or misconduct \nThe actions, violations, or misconduct referred to in this subsection are discriminatory actions, retaliatory actions, harassment, civil rights violations, or related misconduct, including the following: (1) Failure to provide a receipt for service in accordance with section 2501A(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279–1(e) ) to any current or prospective applicants of, or participants in, Department of Agriculture programs. (2) Providing an inaccurate receipt for service under such section 2501A(e) to any such current or prospective applicants or participants. (3) Failure to provide appropriate information regarding relevant programs and services at the Department of Agriculture, when requested by any such current or prospective applicants or participants. (4) Failure to timely process applications or otherwise delaying program services to any such current or prospective applicants or participants. (c) Corrective action defined \nIn this section, the term corrective action means any action taken to respond to any of the actions, violations, or misconduct referred to in subsection (b) that— (1) would enhance civil rights at the Department of Agriculture, including any policy or programmatic changes to prevent similar misconduct from occurring in the future; and (2) may include disciplinary actions, including— (A) removal from Federal service; (B) suspension without pay; (C) any reduction in grade or pay; and (D) a letter of reprimand.", "id": "HC81A5D7EF0044A3798438EE8CF1FE369", "header": "Civil rights accountability for USDA employees", "nested": [ { "text": "(a) In general \nThe Secretary of Agriculture shall ensure that appropriate corrective action is taken with respect to any official or employee of the Department of Agriculture who has been found to have engaged in any of the actions, violations, or misconduct referred to in subsection (b) while in the course of such official’s or employee’s employment or in administering a Department of Agriculture program or service— (1) in any administrative finding by the Department of Agriculture, including any final agency decision issued by the Assistant Secretary of Agriculture for Civil Rights and any civil rights compliance review or misconduct investigation conducted by the Department of Agriculture; (2) in any Federal administrative or judicial proceeding; (3) in any settlement with respect to civil rights; (4) in any audit or investigation conducted by the Office of the Inspector General of the Department of Agriculture; or (5) in any investigation conducted by the Office of the Special Counsel.", "id": "H3B8B310BC0354A9A9DBF9CCFB14EE428", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Covered actions, violations, or misconduct \nThe actions, violations, or misconduct referred to in this subsection are discriminatory actions, retaliatory actions, harassment, civil rights violations, or related misconduct, including the following: (1) Failure to provide a receipt for service in accordance with section 2501A(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279–1(e) ) to any current or prospective applicants of, or participants in, Department of Agriculture programs. (2) Providing an inaccurate receipt for service under such section 2501A(e) to any such current or prospective applicants or participants. (3) Failure to provide appropriate information regarding relevant programs and services at the Department of Agriculture, when requested by any such current or prospective applicants or participants. (4) Failure to timely process applications or otherwise delaying program services to any such current or prospective applicants or participants.", "id": "HD7E532438A5743779DD948E985E9F08A", "header": "Covered actions, violations, or misconduct", "nested": [], "links": [ { "text": "7 U.S.C. 2279–1(e)", "legal-doc": "usc", "parsable-cite": "usc/7/2279-1" } ] }, { "text": "(c) Corrective action defined \nIn this section, the term corrective action means any action taken to respond to any of the actions, violations, or misconduct referred to in subsection (b) that— (1) would enhance civil rights at the Department of Agriculture, including any policy or programmatic changes to prevent similar misconduct from occurring in the future; and (2) may include disciplinary actions, including— (A) removal from Federal service; (B) suspension without pay; (C) any reduction in grade or pay; and (D) a letter of reprimand.", "id": "HE2DCAFDE52A440A99B5CAEB4E8AD9592", "header": "Corrective action defined", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 2279–1(e)", "legal-doc": "usc", "parsable-cite": "usc/7/2279-1" } ] }, { "text": "3. Improvements to the Office of the Assistant Secretary for Civil Rights \n(a) In general \nThe Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6912 et seq. ) is amended by inserting after section 218 ( 7 U.S.C. 6918 ) the following: 218A. Assistant Secretary of Agriculture for Civil Rights \n(a) Establishment \nThe Secretary shall establish in the Department the position of Assistant Secretary of Agriculture for Civil Rights (referred to in this section as the Assistant Secretary ). (b) Appointment \nThe Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties \n(1) In general \nThe Secretary shall delegate to the Assistant Secretary responsibility for— (A) ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department; (B) coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and (C) ensuring that necessary and appropriate civil rights components are properly incorporated into all strategic planning initiatives of the Department and agencies of the Department. (2) Office of Legal Advisor for Civil Rights \nNot later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of Legal Advisor for Civil Rights that shall— (A) be the sole office within the Department responsible for providing legal advice to the Assistant Secretary to— (i) ensure compliance with all civil rights and related laws and regulations by all agencies and under all programs of the Department; and (ii) carry out fair and impartial investigations of civil rights complaints; (B) report directly to the Assistant Secretary; and (C) not represent or defend the Department or any of its agencies with respect to any claims of program or employment discrimination.. (b) Conforming amendments \n(1) Assistant Secretaries of Agriculture \nSection 218 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6918 ) is amended— (A) in subsection (a)— (i) in paragraph (1), by adding and at the end; (ii) in paragraph (2), by striking ; and at the end and inserting a period; and (iii) by striking paragraph (3); (B) in subsection (b), by striking any position of Assistant Secretary authorized under paragraph (1) or (3) of subsection (a) and inserting the position of Assistant Secretary of Agriculture for Congressional Relations and Intergovernmental Affairs under subsection (a)(1) ; and (C) by striking subsection (c). (2) Termination of authority \nSection 296(b)(5) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b)(5) ) is amended to read as follows: (5) The authority of the Secretary to carry out section 218A..", "id": "H713665B29B824A6CBBC5B18E70E57EB9", "header": "Improvements to the Office of the Assistant Secretary for Civil Rights", "nested": [ { "text": "(a) In general \nThe Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6912 et seq. ) is amended by inserting after section 218 ( 7 U.S.C. 6918 ) the following: 218A. Assistant Secretary of Agriculture for Civil Rights \n(a) Establishment \nThe Secretary shall establish in the Department the position of Assistant Secretary of Agriculture for Civil Rights (referred to in this section as the Assistant Secretary ). (b) Appointment \nThe Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties \n(1) In general \nThe Secretary shall delegate to the Assistant Secretary responsibility for— (A) ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department; (B) coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and (C) ensuring that necessary and appropriate civil rights components are properly incorporated into all strategic planning initiatives of the Department and agencies of the Department. (2) Office of Legal Advisor for Civil Rights \nNot later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of Legal Advisor for Civil Rights that shall— (A) be the sole office within the Department responsible for providing legal advice to the Assistant Secretary to— (i) ensure compliance with all civil rights and related laws and regulations by all agencies and under all programs of the Department; and (ii) carry out fair and impartial investigations of civil rights complaints; (B) report directly to the Assistant Secretary; and (C) not represent or defend the Department or any of its agencies with respect to any claims of program or employment discrimination..", "id": "HCC19B6D7FBD148A287D38E46F467FEA4", "header": "In general", "nested": [], "links": [ { "text": "7 U.S.C. 6912 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/6912" }, { "text": "7 U.S.C. 6918", "legal-doc": "usc", "parsable-cite": "usc/7/6918" } ] }, { "text": "(b) Conforming amendments \n(1) Assistant Secretaries of Agriculture \nSection 218 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6918 ) is amended— (A) in subsection (a)— (i) in paragraph (1), by adding and at the end; (ii) in paragraph (2), by striking ; and at the end and inserting a period; and (iii) by striking paragraph (3); (B) in subsection (b), by striking any position of Assistant Secretary authorized under paragraph (1) or (3) of subsection (a) and inserting the position of Assistant Secretary of Agriculture for Congressional Relations and Intergovernmental Affairs under subsection (a)(1) ; and (C) by striking subsection (c). (2) Termination of authority \nSection 296(b)(5) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b)(5) ) is amended to read as follows: (5) The authority of the Secretary to carry out section 218A..", "id": "H44DA93FE35B84E6BBAAA7CFEB8EDBFDA", "header": "Conforming amendments", "nested": [], "links": [ { "text": "7 U.S.C. 6918", "legal-doc": "usc", "parsable-cite": "usc/7/6918" }, { "text": "7 U.S.C. 7014(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/7/7014" } ] } ], "links": [ { "text": "7 U.S.C. 6912 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/6912" }, { "text": "7 U.S.C. 6918", "legal-doc": "usc", "parsable-cite": "usc/7/6918" }, { "text": "7 U.S.C. 6918", "legal-doc": "usc", "parsable-cite": "usc/7/6918" }, { "text": "7 U.S.C. 7014(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/7/7014" } ] }, { "text": "218A. Assistant Secretary of Agriculture for Civil Rights \n(a) Establishment \nThe Secretary shall establish in the Department the position of Assistant Secretary of Agriculture for Civil Rights (referred to in this section as the Assistant Secretary ). (b) Appointment \nThe Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties \n(1) In general \nThe Secretary shall delegate to the Assistant Secretary responsibility for— (A) ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department; (B) coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and (C) ensuring that necessary and appropriate civil rights components are properly incorporated into all strategic planning initiatives of the Department and agencies of the Department. (2) Office of Legal Advisor for Civil Rights \nNot later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of Legal Advisor for Civil Rights that shall— (A) be the sole office within the Department responsible for providing legal advice to the Assistant Secretary to— (i) ensure compliance with all civil rights and related laws and regulations by all agencies and under all programs of the Department; and (ii) carry out fair and impartial investigations of civil rights complaints; (B) report directly to the Assistant Secretary; and (C) not represent or defend the Department or any of its agencies with respect to any claims of program or employment discrimination.", "id": "HB4937075BB3D43FCA8423FBE8CC47DD1", "header": "Assistant Secretary of Agriculture for Civil Rights", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish in the Department the position of Assistant Secretary of Agriculture for Civil Rights (referred to in this section as the Assistant Secretary ).", "id": "HDFDC4974848847B2BC15F66F0DE13024", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Appointment \nThe Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate.", "id": "HACA44306A39B44A796AF4713A6396E63", "header": "Appointment", "nested": [], "links": [] }, { "text": "(c) Duties \n(1) In general \nThe Secretary shall delegate to the Assistant Secretary responsibility for— (A) ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department; (B) coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and (C) ensuring that necessary and appropriate civil rights components are properly incorporated into all strategic planning initiatives of the Department and agencies of the Department. (2) Office of Legal Advisor for Civil Rights \nNot later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of Legal Advisor for Civil Rights that shall— (A) be the sole office within the Department responsible for providing legal advice to the Assistant Secretary to— (i) ensure compliance with all civil rights and related laws and regulations by all agencies and under all programs of the Department; and (ii) carry out fair and impartial investigations of civil rights complaints; (B) report directly to the Assistant Secretary; and (C) not represent or defend the Department or any of its agencies with respect to any claims of program or employment discrimination.", "id": "HD1F6BB3A4E0A4C9FA1F761B90E866305", "header": "Duties", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Equitable relief \n(a) Equitable relief from ineligibility for loans, payments, or other benefits \nSection 1613 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7996 ) is amended— (1) by redesignating subsections (f) through (j) as subsections (g) through (k), respectively; (2) by inserting after subsection (e) the following: (f) Equitable relief by the Assistant Secretary of Agriculture for Civil Rights \n(1) In general \nThe Assistant Secretary of Agriculture for Civil Rights (or a designee of the Secretary in the Office of the Assistant Secretary for Civil Rights, if no Assistant Secretary of Agriculture for Civil Rights is appointed and confirmed in accordance with section 218A(b) of the Department of Agriculture Reorganization Act of 1994) may grant relief in accordance with subsections (b) through (d) to a participant who files a civil rights program complaint. (2) Decisions \nThe decision by the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) to grant relief under this subsection— (A) shall not require prior approval by any officer or employee of the Department of Agriculture; and (B) is subject to reversal only by the Secretary (who may not delegate the reversal authority). (3) Other authority \nThe authority provided to the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) under this subsection is in addition to any other applicable authority and does not limit other authority provided by law or the Secretary. ; (3) in subsection (g), as so redesignated, by striking or the State Conservationist and inserting the State Conservationist, or the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) ; and (4) in paragraph (1) of subsection (h), as so redesignated, by striking and (e) and inserting , (e), and (f). (b) Equitable relief for actions taken in good faith \nSection 366 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008a ) is amended— (1) by amending subsection (b) to read as follows: (b) Limitation \nThe Secretary may only provide relief to a farmer or rancher under subsection (a) if the Secretary determines that the farmer or rancher— (1) acted in good faith and relied on an action of, or the advice of, the Secretary (including any authorized representative of the Secretary) to the detriment of the farming or ranching operation of the farmer or rancher; or (2) failed to comply fully with the requirements to receive a loan described in subsection (a)(1), but made a good faith effort to comply with the requirements. ; (2) by redesignating subsection (e) as subsection (f); (3) by inserting after subsection (d) the following: (e) Equitable relief by the Assistant Secretary of Agriculture for Civil Rights \n(1) In general \nThe Assistant Secretary of Agriculture for Civil Rights (or a designee of the Secretary in the Office of the Assistant Secretary for Civil Rights, if no Assistant Secretary of Agriculture for Civil Rights is appointed and confirmed in accordance with section 218A(b) of the Department of Agriculture Reorganization Act of 1994) may grant relief in accordance with subsections (a) through (d) to an individual who files a complaint with respect to civil rights regarding a direct farm ownership, operating, or emergency loan under this title. (2) Decisions \nThe decision by the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) to grant relief under this subsection— (A) shall not require prior approval by any officer or employee of the Department of Agriculture; and (B) is subject to reversal only by the Secretary (who may not delegate the reversal authority). (3) Other authority \nThe authority provided to the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) under this subsection is in addition to any other applicable authority and does not limit other authority provided by law or the Secretary. ; and (4) in subsection (f), as so redesignated, by striking Secretary and inserting Secretary, or the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary),.", "id": "HC02467121E444ED1A0687246858FBD3E", "header": "Equitable relief", "nested": [ { "text": "(a) Equitable relief from ineligibility for loans, payments, or other benefits \nSection 1613 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7996 ) is amended— (1) by redesignating subsections (f) through (j) as subsections (g) through (k), respectively; (2) by inserting after subsection (e) the following: (f) Equitable relief by the Assistant Secretary of Agriculture for Civil Rights \n(1) In general \nThe Assistant Secretary of Agriculture for Civil Rights (or a designee of the Secretary in the Office of the Assistant Secretary for Civil Rights, if no Assistant Secretary of Agriculture for Civil Rights is appointed and confirmed in accordance with section 218A(b) of the Department of Agriculture Reorganization Act of 1994) may grant relief in accordance with subsections (b) through (d) to a participant who files a civil rights program complaint. (2) Decisions \nThe decision by the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) to grant relief under this subsection— (A) shall not require prior approval by any officer or employee of the Department of Agriculture; and (B) is subject to reversal only by the Secretary (who may not delegate the reversal authority). (3) Other authority \nThe authority provided to the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) under this subsection is in addition to any other applicable authority and does not limit other authority provided by law or the Secretary. ; (3) in subsection (g), as so redesignated, by striking or the State Conservationist and inserting the State Conservationist, or the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) ; and (4) in paragraph (1) of subsection (h), as so redesignated, by striking and (e) and inserting , (e), and (f).", "id": "HAC9D7AA236904087AA2D699E8813FC1E", "header": "Equitable relief from ineligibility for loans, payments, or other benefits", "nested": [], "links": [ { "text": "7 U.S.C. 7996", "legal-doc": "usc", "parsable-cite": "usc/7/7996" } ] }, { "text": "(b) Equitable relief for actions taken in good faith \nSection 366 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008a ) is amended— (1) by amending subsection (b) to read as follows: (b) Limitation \nThe Secretary may only provide relief to a farmer or rancher under subsection (a) if the Secretary determines that the farmer or rancher— (1) acted in good faith and relied on an action of, or the advice of, the Secretary (including any authorized representative of the Secretary) to the detriment of the farming or ranching operation of the farmer or rancher; or (2) failed to comply fully with the requirements to receive a loan described in subsection (a)(1), but made a good faith effort to comply with the requirements. ; (2) by redesignating subsection (e) as subsection (f); (3) by inserting after subsection (d) the following: (e) Equitable relief by the Assistant Secretary of Agriculture for Civil Rights \n(1) In general \nThe Assistant Secretary of Agriculture for Civil Rights (or a designee of the Secretary in the Office of the Assistant Secretary for Civil Rights, if no Assistant Secretary of Agriculture for Civil Rights is appointed and confirmed in accordance with section 218A(b) of the Department of Agriculture Reorganization Act of 1994) may grant relief in accordance with subsections (a) through (d) to an individual who files a complaint with respect to civil rights regarding a direct farm ownership, operating, or emergency loan under this title. (2) Decisions \nThe decision by the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) to grant relief under this subsection— (A) shall not require prior approval by any officer or employee of the Department of Agriculture; and (B) is subject to reversal only by the Secretary (who may not delegate the reversal authority). (3) Other authority \nThe authority provided to the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) under this subsection is in addition to any other applicable authority and does not limit other authority provided by law or the Secretary. ; and (4) in subsection (f), as so redesignated, by striking Secretary and inserting Secretary, or the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary),.", "id": "H1FD279057161493B8C941D7E2D86A98A", "header": "Equitable relief for actions taken in good faith", "nested": [], "links": [ { "text": "7 U.S.C. 2008a", "legal-doc": "usc", "parsable-cite": "usc/7/2008a" } ] } ], "links": [ { "text": "7 U.S.C. 7996", "legal-doc": "usc", "parsable-cite": "usc/7/7996" }, { "text": "7 U.S.C. 2008a", "legal-doc": "usc", "parsable-cite": "usc/7/2008a" } ] }, { "text": "5. Office of the Civil Rights Ombudsperson \nTitle III of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 2231b et seq. ) is amended by adding at the end the following: 310. Office of the Civil Rights Ombudsperson \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of the Civil Rights Ombudsperson (in this section referred to as the Office ) within the Department. The Office shall be independent of Department agencies and offices. (b) Ombudsperson designation \nThe Secretary shall designate a Civil Rights Ombudsperson (in this section referred to as the Ombudsperson ) for the Office. The Ombudsperson shall be considered a senior official of the Department and have a background in civil rights enforcement. (c) Office personnel \nThe Ombudsperson shall appoint such employees as are necessary to perform the functions of the Office and for the administration of the Office. (d) Functions \nThe functions of the Office shall be— (1) to assist producers and other customers of Department programs in navigating the civil rights review process; (2) to ensure that participants (as defined in section 271) are aware of the appeals process under subtitle H of title II, including informal hearings under section 275; (3) to promote awareness of the Office and its responsibilities among producers and other customers of Department programs; and (4) to raise issues and concerns with respect to, and make recommendations to the Secretary about, equitable access or implementation of Department programs. (e) Access to information \n(1) In general \nSubject to paragraph (2), the Secretary shall establish procedures to provide the Office access to all departmental records necessary to execute the functions of the Office under subsection (d). (2) Timelines \nThe procedures described in paragraph (1) shall include a requirement that requests from the Office for departmental records shall be fulfilled not later than 60 days after the request is made. (f) Annual report \nBeginning not later than 1 year after the date of the enactment of this section, and annually thereafter, the Ombudsperson shall prepare and submit to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry a report on— (1) the activities carried out by the Office; and (2) the findings and recommendations of the Office with respect to equitable access or implementation of Department programs. (g) Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2024 through 2026..", "id": "H1CB15A0CC58C4067B3A3B8063B3D2AAF", "header": "Office of the Civil Rights Ombudsperson", "nested": [], "links": [ { "text": "7 U.S.C. 2231b et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2231b" } ] }, { "text": "310. Office of the Civil Rights Ombudsperson \n(a) In general \nNot later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of the Civil Rights Ombudsperson (in this section referred to as the Office ) within the Department. The Office shall be independent of Department agencies and offices. (b) Ombudsperson designation \nThe Secretary shall designate a Civil Rights Ombudsperson (in this section referred to as the Ombudsperson ) for the Office. The Ombudsperson shall be considered a senior official of the Department and have a background in civil rights enforcement. (c) Office personnel \nThe Ombudsperson shall appoint such employees as are necessary to perform the functions of the Office and for the administration of the Office. (d) Functions \nThe functions of the Office shall be— (1) to assist producers and other customers of Department programs in navigating the civil rights review process; (2) to ensure that participants (as defined in section 271) are aware of the appeals process under subtitle H of title II, including informal hearings under section 275; (3) to promote awareness of the Office and its responsibilities among producers and other customers of Department programs; and (4) to raise issues and concerns with respect to, and make recommendations to the Secretary about, equitable access or implementation of Department programs. (e) Access to information \n(1) In general \nSubject to paragraph (2), the Secretary shall establish procedures to provide the Office access to all departmental records necessary to execute the functions of the Office under subsection (d). (2) Timelines \nThe procedures described in paragraph (1) shall include a requirement that requests from the Office for departmental records shall be fulfilled not later than 60 days after the request is made. (f) Annual report \nBeginning not later than 1 year after the date of the enactment of this section, and annually thereafter, the Ombudsperson shall prepare and submit to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry a report on— (1) the activities carried out by the Office; and (2) the findings and recommendations of the Office with respect to equitable access or implementation of Department programs. (g) Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2024 through 2026.", "id": "H0468A2C142504C48894E2879CAEAF122", "header": "Office of the Civil Rights Ombudsperson", "nested": [ { "text": "(a) In general \nNot later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of the Civil Rights Ombudsperson (in this section referred to as the Office ) within the Department. The Office shall be independent of Department agencies and offices.", "id": "H9836EE542F8140CEA2BA9C69EC9025A0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Ombudsperson designation \nThe Secretary shall designate a Civil Rights Ombudsperson (in this section referred to as the Ombudsperson ) for the Office. The Ombudsperson shall be considered a senior official of the Department and have a background in civil rights enforcement.", "id": "HBA19EC2ACD9B4ABB8F85CAEC86E4FDFB", "header": "Ombudsperson designation", "nested": [], "links": [] }, { "text": "(c) Office personnel \nThe Ombudsperson shall appoint such employees as are necessary to perform the functions of the Office and for the administration of the Office.", "id": "H8AFE2E848D5F45D186F12BCAA6F16830", "header": "Office personnel", "nested": [], "links": [] }, { "text": "(d) Functions \nThe functions of the Office shall be— (1) to assist producers and other customers of Department programs in navigating the civil rights review process; (2) to ensure that participants (as defined in section 271) are aware of the appeals process under subtitle H of title II, including informal hearings under section 275; (3) to promote awareness of the Office and its responsibilities among producers and other customers of Department programs; and (4) to raise issues and concerns with respect to, and make recommendations to the Secretary about, equitable access or implementation of Department programs.", "id": "H04C05A250ED74AC7A2F171228FF312EF", "header": "Functions", "nested": [], "links": [] }, { "text": "(e) Access to information \n(1) In general \nSubject to paragraph (2), the Secretary shall establish procedures to provide the Office access to all departmental records necessary to execute the functions of the Office under subsection (d). (2) Timelines \nThe procedures described in paragraph (1) shall include a requirement that requests from the Office for departmental records shall be fulfilled not later than 60 days after the request is made.", "id": "H71309C2381E743FBB517697CDE0D41AF", "header": "Access to information", "nested": [], "links": [] }, { "text": "(f) Annual report \nBeginning not later than 1 year after the date of the enactment of this section, and annually thereafter, the Ombudsperson shall prepare and submit to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry a report on— (1) the activities carried out by the Office; and (2) the findings and recommendations of the Office with respect to equitable access or implementation of Department programs.", "id": "H92D779982D634C6B86C8F6C8220E66A0", "header": "Annual report", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2024 through 2026.", "id": "H5B6C2358C9E941E38ACCB079661F3EBB", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Burden of proof for national appeals division hearings \nSection 277(c)(4) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6997(c)(4) ) is amended to read as follows: (4) Burden of proof \nThe agency shall bear the burden of proving by substantial evidence that the adverse decision of the agency was valid..", "id": "HFC03B4844F5E465DB6D81690E1CE5168", "header": "Burden of proof for national appeals division hearings", "nested": [], "links": [ { "text": "7 U.S.C. 6997(c)(4)", "legal-doc": "usc", "parsable-cite": "usc/7/6997" } ] } ]
8
1. Short title This Act may be cited as the Just USDA Standards and Transparency Act of 2023 or the JUST Act of 2023. 2. Civil rights accountability for USDA employees (a) In general The Secretary of Agriculture shall ensure that appropriate corrective action is taken with respect to any official or employee of the Department of Agriculture who has been found to have engaged in any of the actions, violations, or misconduct referred to in subsection (b) while in the course of such official’s or employee’s employment or in administering a Department of Agriculture program or service— (1) in any administrative finding by the Department of Agriculture, including any final agency decision issued by the Assistant Secretary of Agriculture for Civil Rights and any civil rights compliance review or misconduct investigation conducted by the Department of Agriculture; (2) in any Federal administrative or judicial proceeding; (3) in any settlement with respect to civil rights; (4) in any audit or investigation conducted by the Office of the Inspector General of the Department of Agriculture; or (5) in any investigation conducted by the Office of the Special Counsel. (b) Covered actions, violations, or misconduct The actions, violations, or misconduct referred to in this subsection are discriminatory actions, retaliatory actions, harassment, civil rights violations, or related misconduct, including the following: (1) Failure to provide a receipt for service in accordance with section 2501A(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279–1(e) ) to any current or prospective applicants of, or participants in, Department of Agriculture programs. (2) Providing an inaccurate receipt for service under such section 2501A(e) to any such current or prospective applicants or participants. (3) Failure to provide appropriate information regarding relevant programs and services at the Department of Agriculture, when requested by any such current or prospective applicants or participants. (4) Failure to timely process applications or otherwise delaying program services to any such current or prospective applicants or participants. (c) Corrective action defined In this section, the term corrective action means any action taken to respond to any of the actions, violations, or misconduct referred to in subsection (b) that— (1) would enhance civil rights at the Department of Agriculture, including any policy or programmatic changes to prevent similar misconduct from occurring in the future; and (2) may include disciplinary actions, including— (A) removal from Federal service; (B) suspension without pay; (C) any reduction in grade or pay; and (D) a letter of reprimand. 3. Improvements to the Office of the Assistant Secretary for Civil Rights (a) In general The Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6912 et seq. ) is amended by inserting after section 218 ( 7 U.S.C. 6918 ) the following: 218A. Assistant Secretary of Agriculture for Civil Rights (a) Establishment The Secretary shall establish in the Department the position of Assistant Secretary of Agriculture for Civil Rights (referred to in this section as the Assistant Secretary ). (b) Appointment The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties (1) In general The Secretary shall delegate to the Assistant Secretary responsibility for— (A) ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department; (B) coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and (C) ensuring that necessary and appropriate civil rights components are properly incorporated into all strategic planning initiatives of the Department and agencies of the Department. (2) Office of Legal Advisor for Civil Rights Not later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of Legal Advisor for Civil Rights that shall— (A) be the sole office within the Department responsible for providing legal advice to the Assistant Secretary to— (i) ensure compliance with all civil rights and related laws and regulations by all agencies and under all programs of the Department; and (ii) carry out fair and impartial investigations of civil rights complaints; (B) report directly to the Assistant Secretary; and (C) not represent or defend the Department or any of its agencies with respect to any claims of program or employment discrimination.. (b) Conforming amendments (1) Assistant Secretaries of Agriculture Section 218 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6918 ) is amended— (A) in subsection (a)— (i) in paragraph (1), by adding and at the end; (ii) in paragraph (2), by striking ; and at the end and inserting a period; and (iii) by striking paragraph (3); (B) in subsection (b), by striking any position of Assistant Secretary authorized under paragraph (1) or (3) of subsection (a) and inserting the position of Assistant Secretary of Agriculture for Congressional Relations and Intergovernmental Affairs under subsection (a)(1) ; and (C) by striking subsection (c). (2) Termination of authority Section 296(b)(5) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b)(5) ) is amended to read as follows: (5) The authority of the Secretary to carry out section 218A.. 218A. Assistant Secretary of Agriculture for Civil Rights (a) Establishment The Secretary shall establish in the Department the position of Assistant Secretary of Agriculture for Civil Rights (referred to in this section as the Assistant Secretary ). (b) Appointment The Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (c) Duties (1) In general The Secretary shall delegate to the Assistant Secretary responsibility for— (A) ensuring compliance with all civil rights and related laws by all agencies and under all programs of the Department; (B) coordinating administration of civil rights laws (including regulations) within the Department for employees of, and participants in, programs of the Department; and (C) ensuring that necessary and appropriate civil rights components are properly incorporated into all strategic planning initiatives of the Department and agencies of the Department. (2) Office of Legal Advisor for Civil Rights Not later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of Legal Advisor for Civil Rights that shall— (A) be the sole office within the Department responsible for providing legal advice to the Assistant Secretary to— (i) ensure compliance with all civil rights and related laws and regulations by all agencies and under all programs of the Department; and (ii) carry out fair and impartial investigations of civil rights complaints; (B) report directly to the Assistant Secretary; and (C) not represent or defend the Department or any of its agencies with respect to any claims of program or employment discrimination. 4. Equitable relief (a) Equitable relief from ineligibility for loans, payments, or other benefits Section 1613 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7996 ) is amended— (1) by redesignating subsections (f) through (j) as subsections (g) through (k), respectively; (2) by inserting after subsection (e) the following: (f) Equitable relief by the Assistant Secretary of Agriculture for Civil Rights (1) In general The Assistant Secretary of Agriculture for Civil Rights (or a designee of the Secretary in the Office of the Assistant Secretary for Civil Rights, if no Assistant Secretary of Agriculture for Civil Rights is appointed and confirmed in accordance with section 218A(b) of the Department of Agriculture Reorganization Act of 1994) may grant relief in accordance with subsections (b) through (d) to a participant who files a civil rights program complaint. (2) Decisions The decision by the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) to grant relief under this subsection— (A) shall not require prior approval by any officer or employee of the Department of Agriculture; and (B) is subject to reversal only by the Secretary (who may not delegate the reversal authority). (3) Other authority The authority provided to the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) under this subsection is in addition to any other applicable authority and does not limit other authority provided by law or the Secretary. ; (3) in subsection (g), as so redesignated, by striking or the State Conservationist and inserting the State Conservationist, or the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) ; and (4) in paragraph (1) of subsection (h), as so redesignated, by striking and (e) and inserting , (e), and (f). (b) Equitable relief for actions taken in good faith Section 366 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008a ) is amended— (1) by amending subsection (b) to read as follows: (b) Limitation The Secretary may only provide relief to a farmer or rancher under subsection (a) if the Secretary determines that the farmer or rancher— (1) acted in good faith and relied on an action of, or the advice of, the Secretary (including any authorized representative of the Secretary) to the detriment of the farming or ranching operation of the farmer or rancher; or (2) failed to comply fully with the requirements to receive a loan described in subsection (a)(1), but made a good faith effort to comply with the requirements. ; (2) by redesignating subsection (e) as subsection (f); (3) by inserting after subsection (d) the following: (e) Equitable relief by the Assistant Secretary of Agriculture for Civil Rights (1) In general The Assistant Secretary of Agriculture for Civil Rights (or a designee of the Secretary in the Office of the Assistant Secretary for Civil Rights, if no Assistant Secretary of Agriculture for Civil Rights is appointed and confirmed in accordance with section 218A(b) of the Department of Agriculture Reorganization Act of 1994) may grant relief in accordance with subsections (a) through (d) to an individual who files a complaint with respect to civil rights regarding a direct farm ownership, operating, or emergency loan under this title. (2) Decisions The decision by the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) to grant relief under this subsection— (A) shall not require prior approval by any officer or employee of the Department of Agriculture; and (B) is subject to reversal only by the Secretary (who may not delegate the reversal authority). (3) Other authority The authority provided to the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary) under this subsection is in addition to any other applicable authority and does not limit other authority provided by law or the Secretary. ; and (4) in subsection (f), as so redesignated, by striking Secretary and inserting Secretary, or the Assistant Secretary of Agriculture for Civil Rights (or the designee of the Secretary),. 5. Office of the Civil Rights Ombudsperson Title III of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 2231b et seq. ) is amended by adding at the end the following: 310. Office of the Civil Rights Ombudsperson (a) In general Not later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of the Civil Rights Ombudsperson (in this section referred to as the Office ) within the Department. The Office shall be independent of Department agencies and offices. (b) Ombudsperson designation The Secretary shall designate a Civil Rights Ombudsperson (in this section referred to as the Ombudsperson ) for the Office. The Ombudsperson shall be considered a senior official of the Department and have a background in civil rights enforcement. (c) Office personnel The Ombudsperson shall appoint such employees as are necessary to perform the functions of the Office and for the administration of the Office. (d) Functions The functions of the Office shall be— (1) to assist producers and other customers of Department programs in navigating the civil rights review process; (2) to ensure that participants (as defined in section 271) are aware of the appeals process under subtitle H of title II, including informal hearings under section 275; (3) to promote awareness of the Office and its responsibilities among producers and other customers of Department programs; and (4) to raise issues and concerns with respect to, and make recommendations to the Secretary about, equitable access or implementation of Department programs. (e) Access to information (1) In general Subject to paragraph (2), the Secretary shall establish procedures to provide the Office access to all departmental records necessary to execute the functions of the Office under subsection (d). (2) Timelines The procedures described in paragraph (1) shall include a requirement that requests from the Office for departmental records shall be fulfilled not later than 60 days after the request is made. (f) Annual report Beginning not later than 1 year after the date of the enactment of this section, and annually thereafter, the Ombudsperson shall prepare and submit to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry a report on— (1) the activities carried out by the Office; and (2) the findings and recommendations of the Office with respect to equitable access or implementation of Department programs. (g) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2024 through 2026.. 310. Office of the Civil Rights Ombudsperson (a) In general Not later than 120 days after the date of enactment of this section, the Secretary shall establish an Office of the Civil Rights Ombudsperson (in this section referred to as the Office ) within the Department. The Office shall be independent of Department agencies and offices. (b) Ombudsperson designation The Secretary shall designate a Civil Rights Ombudsperson (in this section referred to as the Ombudsperson ) for the Office. The Ombudsperson shall be considered a senior official of the Department and have a background in civil rights enforcement. (c) Office personnel The Ombudsperson shall appoint such employees as are necessary to perform the functions of the Office and for the administration of the Office. (d) Functions The functions of the Office shall be— (1) to assist producers and other customers of Department programs in navigating the civil rights review process; (2) to ensure that participants (as defined in section 271) are aware of the appeals process under subtitle H of title II, including informal hearings under section 275; (3) to promote awareness of the Office and its responsibilities among producers and other customers of Department programs; and (4) to raise issues and concerns with respect to, and make recommendations to the Secretary about, equitable access or implementation of Department programs. (e) Access to information (1) In general Subject to paragraph (2), the Secretary shall establish procedures to provide the Office access to all departmental records necessary to execute the functions of the Office under subsection (d). (2) Timelines The procedures described in paragraph (1) shall include a requirement that requests from the Office for departmental records shall be fulfilled not later than 60 days after the request is made. (f) Annual report Beginning not later than 1 year after the date of the enactment of this section, and annually thereafter, the Ombudsperson shall prepare and submit to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry a report on— (1) the activities carried out by the Office; and (2) the findings and recommendations of the Office with respect to equitable access or implementation of Department programs. (g) Authorization of appropriations There is authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2024 through 2026. 6. Burden of proof for national appeals division hearings Section 277(c)(4) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6997(c)(4) ) is amended to read as follows: (4) Burden of proof The agency shall bear the burden of proving by substantial evidence that the adverse decision of the agency was valid..
16,940
[ "Agriculture Committee" ]
118hr2935ih
118
hr
2,935
ih
To amend title 10, United States Code, to extend the period during which certain survivors of a member of the Selected Reserve are eligible for health benefits under TRICARE Reserve Select.
[ { "text": "1. Short title \nThis Act may be cited as the Sergeant First Class Michael Clark TRICARE Reserve Parity Act.", "id": "HAB46D2C493C04459B6C75951F1B63EFC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve \nSection 1076d(c) of the title 10, United States Code is amended by striking six months and inserting three years.", "id": "H32D60F7555D546A0A2D3B4C09FB772F3", "header": "Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Sergeant First Class Michael Clark TRICARE Reserve Parity Act. 2. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve Section 1076d(c) of the title 10, United States Code is amended by striking six months and inserting three years.
359
[ "Armed Services Committee" ]
118hr2454ih
118
hr
2,454
ih
To direct the Secretary of Defense to carry out a grant program to increase cooperation on post-traumatic stress disorder research between the United States and Israel.
[ { "text": "1. Short title \nThis Act may be cited as the United States-Israel PTSD Collaborative Research Act.", "id": "HB3E6EE73A41D4E95A192E3B6CFAE6408", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) The Department of Veterans Affairs reports that between 11 and 20 percent of veterans who served in Operation Iraqi Freedom and Operation Enduring Freedom have post-traumatic stress disorder (PTSD) in a given year. In addition, that figure amounts to about 12 percent of Gulf War veterans and up to 30 percent of Vietnam veterans. (2) The Department of Veterans Affairs reports that among women veterans of the conflicts in Iraq and Afghanistan, almost 20 percent have been diagnosed with PTSD. (3) In the United States, it is thought that 70 percent of Americans have experienced at least one traumatic event in their lifetime, and approximately 20 percent of those persons have struggled or continue to struggle with symptoms of PTSD. (4) Studies show that PTSD has links to homelessness and substance abuse in the United States. The Department of Veterans Affairs estimates that approximately 11 percent of the homeless population are veterans and the Substance Abuse and Mental Health Services Administration estimates that about 7 percent of veterans have a substance abuse disorder. (5) Our ally Israel, under constant attack from terrorist groups, experiences similar issues with Israeli veterans facing PTSD symptoms. Tel Aviv University’s National Center for Traumatic Stress and Resilience found that 5 to 8 percent of combat soldiers experience some form of PTSD, and during wartime, that figure rises to 15 to 20 percent. (6) Current treatment options in the United States focus on cognitive therapy, exposure therapy, or eye movement desensitization and reprocessing, but the United States must continue to look for more effective treatments. Several leading Israeli hospitals, academic institutions, and nonprofits dedicate research and services to treating PTSD.", "id": "HF3CBDE59D554445191353B39EA6920E9", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel \n(a) Sense of Congress \nIt is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder. (b) Grant program \nThe Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation , dated September 27, 1972. (c) Eligible entities \nTo be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States. (d) Award \nThe Secretary shall award grants under this section to eligible entities that— (1) carry out a research project that— (A) addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and (B) is conducted by the eligible entity and an entity in Israel under a joint research agreement; and (2) meet such other criteria that the Secretary may establish. (e) Application \nTo be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require. (f) Gift authority \nThe Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation. (g) Reports \nNot later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains— (1) a description of how the eligible entity used the grant; and (2) an evaluation of the level of success of the research project. (h) Termination \nThe authority to award grants under this section shall terminate on the date that is 7 years after the date on which the first such grant is awarded.", "id": "HC5D04AA252D6432FB07D63CBDC532776", "header": "Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder.", "id": "HC907F9DA162C4990A98C041B5C19AFA5", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Grant program \nThe Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation , dated September 27, 1972.", "id": "H502C4A56DA3F40B584A7D4A6FCEC4A3A", "header": "Grant program", "nested": [], "links": [] }, { "text": "(c) Eligible entities \nTo be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States.", "id": "H673156540DB34FC8956E4EC633481EC7", "header": "Eligible entities", "nested": [], "links": [] }, { "text": "(d) Award \nThe Secretary shall award grants under this section to eligible entities that— (1) carry out a research project that— (A) addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and (B) is conducted by the eligible entity and an entity in Israel under a joint research agreement; and (2) meet such other criteria that the Secretary may establish.", "id": "H785AB22EA2084304A129BAEA06B9898D", "header": "Award", "nested": [], "links": [] }, { "text": "(e) Application \nTo be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require.", "id": "H33E4577FF4194D858AE2EC828348CA0E", "header": "Application", "nested": [], "links": [] }, { "text": "(f) Gift authority \nThe Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation.", "id": "H49BA538FD04445EA87A9994901AC1E12", "header": "Gift authority", "nested": [], "links": [] }, { "text": "(g) Reports \nNot later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains— (1) a description of how the eligible entity used the grant; and (2) an evaluation of the level of success of the research project.", "id": "H8F54A3FD60C34AF2B99D9BE41E3D22F9", "header": "Reports", "nested": [], "links": [] }, { "text": "(h) Termination \nThe authority to award grants under this section shall terminate on the date that is 7 years after the date on which the first such grant is awarded.", "id": "H80FECEDB604F449FA74B761624D43D52", "header": "Termination", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the United States-Israel PTSD Collaborative Research Act. 2. Findings Congress makes the following findings: (1) The Department of Veterans Affairs reports that between 11 and 20 percent of veterans who served in Operation Iraqi Freedom and Operation Enduring Freedom have post-traumatic stress disorder (PTSD) in a given year. In addition, that figure amounts to about 12 percent of Gulf War veterans and up to 30 percent of Vietnam veterans. (2) The Department of Veterans Affairs reports that among women veterans of the conflicts in Iraq and Afghanistan, almost 20 percent have been diagnosed with PTSD. (3) In the United States, it is thought that 70 percent of Americans have experienced at least one traumatic event in their lifetime, and approximately 20 percent of those persons have struggled or continue to struggle with symptoms of PTSD. (4) Studies show that PTSD has links to homelessness and substance abuse in the United States. The Department of Veterans Affairs estimates that approximately 11 percent of the homeless population are veterans and the Substance Abuse and Mental Health Services Administration estimates that about 7 percent of veterans have a substance abuse disorder. (5) Our ally Israel, under constant attack from terrorist groups, experiences similar issues with Israeli veterans facing PTSD symptoms. Tel Aviv University’s National Center for Traumatic Stress and Resilience found that 5 to 8 percent of combat soldiers experience some form of PTSD, and during wartime, that figure rises to 15 to 20 percent. (6) Current treatment options in the United States focus on cognitive therapy, exposure therapy, or eye movement desensitization and reprocessing, but the United States must continue to look for more effective treatments. Several leading Israeli hospitals, academic institutions, and nonprofits dedicate research and services to treating PTSD. 3. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel (a) Sense of Congress It is the sense of Congress that the Secretary of Defense, acting through the Psychological Health and Traumatic Brain Injury Research Program, should seek to explore scientific collaboration between American academic institutions and nonprofit research entities, and Israeli institutions with expertise in researching, diagnosing, and treating post-traumatic stress disorder. (b) Grant program The Secretary of Defense, in coordination with the Secretary of Veterans Affairs and the Secretary of State, shall award grants to eligible entities to carry out collaborative research between the United States and Israel with respect to post-traumatic stress disorders. The Secretary of Defense shall carry out the grant program under this section in accordance with the agreement titled Agreement Between the Government of the United States of America and the Government of Israel on the United States-Israel Binational Science Foundation , dated September 27, 1972. (c) Eligible entities To be eligible to receive a grant under this section, an entity shall be an academic institution or a nonprofit entity located in the United States. (d) Award The Secretary shall award grants under this section to eligible entities that— (1) carry out a research project that— (A) addresses a requirement in the area of post-traumatic stress disorders that the Secretary determines appropriate to research using such grant; and (B) is conducted by the eligible entity and an entity in Israel under a joint research agreement; and (2) meet such other criteria that the Secretary may establish. (e) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such commitments and information as the Secretary may require. (f) Gift authority The Secretary may accept, hold, and administer, any gift of money made on the condition that the gift be used for the purpose of the grant program under this section. Such gifts of money accepted under this subsection shall be deposited in the Treasury in the Department of Defense General Gift Fund and shall be available, subject to appropriation, without fiscal year limitation. (g) Reports Not later than 180 days after the date on which an eligible entity completes a research project using a grant under this section, the Secretary shall submit to Congress a report that contains— (1) a description of how the eligible entity used the grant; and (2) an evaluation of the level of success of the research project. (h) Termination The authority to award grants under this section shall terminate on the date that is 7 years after the date on which the first such grant is awarded.
4,807
[ "Armed Services Committee" ]
118hr5568ih
118
hr
5,568
ih
To improve Federal efforts with respect to the prevention of maternal mortality, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Community Access, Resources, and Empowerment for Moms Act or the CARE for Moms Act.", "id": "HB7C9A158931049C3A22C84C4C4AE3AB8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Every year, across the United States, nearly 4,000,000 women give birth, more than 1,000 women suffer fatal complications during pregnancy, while giving birth or during the postpartum period, and about 70,000 women suffer near-fatal, partum-related complications. (2) The maternal mortality rate is often used as a proxy to measure the overall health of a population. While the infant mortality rate in the United States has reached its lowest point, the risk of death for women in the United States during pregnancy, childbirth, or the postpartum period is higher than such risk in many other high-income countries. The estimated maternal mortality rate (deaths per 100,000 live births) for the 48 contiguous States and Washington, DC, increased from 14.5 percent in 2000 to 32.0 in 2021. The United States is the only industrialized nation with a rising maternal mortality rate. (3) The National Vital Statistics System of the Centers for Disease Control and Prevention has found that in 2021, there were 32.9 maternal deaths for every 100,000 live births in the United States. That ratio continues to exceed the rate in other high-income countries. (4) It is estimated that more than 80 percent of maternal deaths in the United States are preventable. (5) According to the Centers for Disease Control and Prevention, the maternal mortality rate varies drastically for women by race and ethnicity. There are about 26.6 deaths per 100,000 live births for White women, 69.9 deaths per 100,000 live births for non-Hispanic Black women, and 32.0 deaths per 100,000 live births for American Indian/Alaska Native women. While maternal mortality disparately impacts Black women, this urgent public health crisis traverses race, ethnicity, socioeconomic status, educational background, and geography. (6) In the United States, non-Hispanic Black women are about 3 times more likely to die from causes related to pregnancy and childbirth compared to non-Hispanic White women, which is one of the most disconcerting racial disparities in public health. This disparity widens in certain cities and States across the country. (7) According to the National Center for Health Statistics of the Centers for Disease Control and Prevention, the maternal mortality rate heightens with age, as women 40 and older die at a rate of 138.5 per 100,000 births compared to 20.4 per 100,000 for women under 25. This translates to women over 40 being 6.8 times more likely to die compared to their counterparts under 25 years of age. (8) The COVID–19 pandemic has exacerbated the maternal health crisis. A study of the Centers for Disease Control and Prevention suggested that pregnant women are at a significantly higher risk for severe outcomes, including death, from COVID–19 as compared to non-pregnant women. The COVID–19 pandemic also decreased access to prenatal and postpartum care. A study by the Government Accountability Office found that COVID–19 contributed to 25 percent of maternal deaths in 2020 and 2021. (9) The findings described in paragraphs (1) through (8) are of major concern to researchers, academics, members of the business community, and providers across the obstetric continuum represented by organizations such as— (A) the American College of Nurse-Midwives; (B) the American College of Obstetricians and Gynecologists; (C) the American Medical Association; (D) the Association of Women’s Health, Obstetric and Neonatal Nurses; (E) the Black Mamas Matter Alliance; (F) the Black Women’s Health Imperative; (G) the California Maternal Quality Care Collaborative; (H) EverThrive Illinois; (I) the Illinois Perinatal Quality Collaborative; (J) the March of Dimes; (K) the National Association of Certified Professional Midwives; (L) RH Impact: The Collaborative for Equity and Justice; (M) the National Partnership for Women & Families; (N) the National Polycystic Ovary Syndrome Association; (O) the Preeclampsia Foundation; (P) the Society for Maternal-Fetal Medicine; (Q) the What To Expect Project; (R) Tufts University School of Medicine Center for Black Maternal Health and Reproductive Justice. (S) the Shades of Blue Project; (T) the Maternal Mental Health Leadership Alliance; (U) the Tulane University Mary Amelia Center for Women’s Health Equity Research; (V) In Our Own Voice: National Black Women's Reproductive Justice Agenda; and (W) Physicians for Reproductive Health. (10) Hemorrhage, cardiovascular and coronary conditions, cardiomyopathy, infection or sepsis, embolism, mental health conditions (including substance use disorder), hypertensive disorders, stroke and cerebrovascular accidents, and anesthesia complications are the predominant medical causes of maternal-related deaths and complications. Most of these conditions are largely preventable or manageable. Even when these conditions are not preventable, mortality and morbidity may be prevented when conditions are diagnosed and treated in a timely manner. (11) According to a study published by the Journal of Perinatal Education, doula-assisted mothers are 4 times less likely to have a low-birthweight baby, 2 times less likely to experience a birth complication involving themselves or their baby, and significantly more likely to initiate breastfeeding and human lactation. Doula care has also been shown to produce cost savings resulting in part from reduced rates of cesarean and pre-term births. (12) Intimate partner violence is one of the leading causes of maternal death, and women are more likely to experience intimate partner violence during pregnancy than at any other time in their lives. It is also more dangerous than pregnancy. Intimate partner violence during pregnancy and postpartum crosses every demographic and has been exacerbated by the COVID–19 pandemic. (13) Oral health is an important part of perinatal health. Reducing bacteria in a woman’s mouth during pregnancy can significantly reduce her risk of developing oral diseases and spreading decay-causing bacteria to her baby. Moreover, some evidence suggests that women with periodontal disease during pregnancy could be at greater risk for poor birth outcomes, such as preeclampsia, pre-term birth, and low-birth weight. Furthermore, a woman’s oral health during pregnancy is a good predictor of her newborn’s oral health, and since mothers can unintentionally spread oral bacteria to their babies, putting their children at higher risk for tooth decay, prevention efforts should happen even before children are born, as a matter of pre-pregnancy health and prenatal care during pregnancy. (14) In the United States, death reporting and analysis is a State function rather than a Federal process. States report all deaths—including maternal deaths—on a semi-voluntary basis, without standardization across States. While the Centers for Disease Control and Prevention has the capacity and system for collecting death-related data based on death certificates, these data are not sufficiently reported by States in an organized and standard format across States such that the Centers for Disease Control and Prevention is able to identify causes of maternal death and best practices for the prevention of such death. (15) Vital statistics systems often underestimate maternal mortality and are insufficient data sources from which to derive a full scope of medical and social determinant factors contributing to maternal deaths, such as intimate partner violence. While the addition of pregnancy checkboxes on death certificates since 2003 have likely improved States’ abilities to identify pregnancy-related deaths, they are not generally completed by obstetric providers or persons trained to recognize pregnancy-related mortality. Thus, these vital forms may be missing information or may capture inconsistent data. Due to varying maternal mortality-related analyses, lack of reliability, and granularity in data, current maternal mortality informatics do not fully encapsulate the myriad medical and socially determinant factors that contribute to such high maternal mortality rates within the United States compared to other developed nations. Lack of standardization of data and data sharing across States and between Federal entities, health networks, and research institutions keep the Nation in the dark about ways to prevent maternal deaths. (16) Having reliable and valid State data aggregated at the Federal level are critical to the Nation’s ability to quell surges in maternal death and imperative for researchers to identify long-lasting interventions. (17) Leaders in maternal wellness highly recommend that maternal deaths and cases of maternal morbidity, including complications that result in chronic illness and future increased risk of death, be investigated at the State level first, and that standardized, streamlined, de-identified data regarding maternal deaths be sent annually to the Centers for Disease Control and Prevention. Such data standardization and collection would be similar in operation and effect to the National Program of Cancer Registries of the Centers for Disease Control and Prevention and akin to the Confidential Enquiry in Maternal Deaths Programme in the United Kingdom. Such a maternal mortalities and morbidities registry and surveillance system would help providers, academicians, lawmakers, and the public to address questions concerning the types of, causes of, and best practices to thwart, maternal mortality and morbidity. (18) The United Nations’ Millennium Development Goal 5a aimed to reduce by 75 percent, between 1990 and 2015, the maternal mortality rate, yet this metric has not been achieved. In fact, the maternal mortality rate in the United States has been estimated to have more than doubled between 2000 and 2014. (19) The United States has no comparable, coordinated Federal process by which to review cases of maternal mortality, systems failures, or best practices. The majority of States have active Maternal Mortality Review Committees (referred to in this section as MMRC ), which help leverage work to impact maternal wellness. For example, the State of California has worked extensively with their State health departments, health and hospital systems, and research collaborative organizations, including the California Maternal Quality Care Collaborative and the Alliance for Innovation on Maternal Health, to establish MMRCs, wherein such State has determined the most prevalent causes of maternal mortality and recorded and shared data with providers and researchers, who have developed and implemented safety bundles and care protocols related to preeclampsia, maternal hemorrhage, peripartum cardiomyopathy, and the like. In this way, the State of California has been able to leverage its maternal mortality review board system, generate data, and apply those data to effect changes in maternal care-related protocol. (20) Hospitals and health systems across the United States lack standardization of emergency obstetric protocols before, during, and after delivery. Consequently, many providers are delayed in recognizing critical signs indicating maternal distress that quickly escalate into fatal or near-fatal incidences. Moreover, any attempt to address an obstetric emergency that does not consider both clinical and public health approaches falls woefully under the mark of excellent care delivery. State-based perinatal quality collaboratives, or entities participating in the Alliance for Innovation on Maternal Health (AIM), have formed obstetric protocols, tool kits, and other resources to improve system care and response as they relate to maternal complications and warning signs for such conditions as maternal hemorrhage, hypertension, and preeclampsia. These perinatal quality collaboratives serve an important role in providing infrastructure that supports quality improvement efforts addressing obstetric care and outcomes. State-based perinatal quality collaboratives partner with hospitals, physicians, nurses, midwives, patients, public health, and other stakeholders to provide opportunities for collaborative learning, rapid response data, and quality improvement science support to achieve systems-level change. (21) The Centers for Disease Control and Prevention reports that 22 percent of deaths occurred during pregnancy, 25 percent occurred on the day of delivery or within 7 days after the day of delivery, and 53 percent occurred between 7 days and 1 year after the day of delivery. Yet, for women eligible for the Medicaid program on the basis of pregnancy in States without Medicaid postpartum extension, such Medicaid coverage lapses at the end of the month on which the 60th postpartum day lands. (22) The experience of serious traumatic events, such as being exposed to domestic violence, substance use disorder, or pervasive and systematic racism, can over-activate the body’s stress-response system. Known as toxic stress, the repetition of high-doses of cortisol to the brain, can harm healthy neurological development and other body systems, which can have cascading physical and mental health consequences, as documented in the Adverse Childhood Experiences study of the Centers for Disease Control and Prevention. (23) A growing body of evidence-based research has shown the correlation between the stress associated with systematic racism and one’s birthing outcomes. The undue stress of sex and race discrimination paired with institutional racism has been demonstrated to contribute to a higher risk of maternal mortality, irrespective of one’s gestational age, maternal age, socioeconomic status, educational level, geographic region, or individual-level health risk factors, including poverty, limited access to prenatal care, and poor physical and mental health (although these are not nominal factors). Black women remain the most at risk for pregnancy-associated or pregnancy-related causes of death. When it comes to preeclampsia, for example, for which obesity is a risk factor, Black women of normal weight remain at a higher at risk of dying during the perinatal period compared to non-Black obese women. (24) The rising maternal mortality rate in the United States is driven predominantly by the disproportionately high rates of Black maternal mortality. (25) Compared to women from other racial and ethnic demographics, Black women across the socioeconomic spectrum experience prolonged, unrelenting stress related to systematic racial and gender discrimination, contributing to higher rates of maternal mortality, giving birth to low-weight babies, and experiencing pre-term birth. Racism is a risk-factor for these aforementioned experiences. This cumulative stress, called weathering, often extends across the life course and is situated in everyday spaces where Black women establish livelihood. Systematic racism, structural barriers, lack of access to quality maternal health care, lack of access to nutritious food, and social determinants of health exacerbate Black women’s likelihood to experience poor or fatal birthing outcomes, but do not fully account for the great disparity. (26) Black women are twice as likely to experience postpartum depression, and disproportionately higher rates of preeclampsia compared to White women. (27) Racism is deeply ingrained in United States systems, including in health care delivery systems between patients and providers, often resulting in disparate treatment for pain, irreverence for cultural norms with respect to health, and dismissiveness. However, the provider pool is not primed with many people of color, nor are providers (whether maternity care clinicians or maternity care support personnel) consistently required to undergo implicit bias, cultural competency, respectful care practices, or empathy training on a consistent, on-going basis. (28) Women are not the only people who can become pregnant or give birth. Nonbinary, transgender, and gender-expansive people can also become pregnant. The terms birthing people or birthing persons are also used to describe pregnant or postpartum people in a way that is inclusive of individuals who experience gender beyond the binary. (29) Substance misuse among pregnant women, including the use of substances that are illegal or criminalized, misuse of prescribed medications, and binge drinking, has increased year after year for the past decade. Pregnant people with Substance Use Disorder, particularly those with opioids, amphetamines, and cocaine use disorders, are at greater risk of severe maternal morbidity, including conditions such as eclampsia, heart attack or failure, and sepsis.", "id": "H8E5817D276C240B89B567FEF33AD3CDF", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Improving Federal efforts with respect to prevention of maternal mortality \n(a) Funding for State-Based perinatal quality collaboratives development and sustainability \n(1) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ), acting through the Division of Reproductive Health of the Centers for Disease Control and Prevention, shall establish a grant program to be known as the State-Based Perinatal Quality Collaborative grant program under which the Secretary awards grants to eligible entities for the purpose of development and sustainability of perinatal quality collaboratives in every State, the District of Columbia, and eligible territories, in order to measurably improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. (2) Grant amounts \nGrants awarded under this subsection shall be in amounts not to exceed $250,000 per year, for the duration of the grant period. (3) State-based perinatal quality collaborative defined \nFor purposes of this subsection, the term State-based perinatal quality collaborative means a network of teams that— (A) is multidisciplinary in nature and includes the full range of perinatal and maternity care providers; (B) works to improve measurable outcomes for maternal and infant health by advancing evidence-informed clinical practices using quality improvement principles; (C) works with hospital-based or outpatient facility-based clinical teams, experts, and stakeholders, including patients and families, to spread best practices and optimize resources to improve perinatal care and outcomes; (D) employs strategies that include the use of the collaborative learning model to provide opportunities for hospitals and clinical teams to collaborate on improvement strategies, rapid-response data to provide timely feedback to hospital and other clinical teams to track progress, and quality improvement science to provide support and coaching to hospital and clinical teams; (E) has the goal of improving population-level outcomes in maternal and infant health; and (F) has the goal of improving outcomes of all birthing people, through the coordination, integration, and collaboration across birth settings. (4) Authorization of appropriations \nFor purposes of carrying out this subsection, there is authorized to be appropriated $35,000,000 per year for each of fiscal years 2024 through 2028. (b) Expansion of Medicaid and CHIP coverage for pregnant and postpartum women \n(1) Requiring coverage of oral health services for pregnant and postpartum women \n(A) Medicaid \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (i) in subsection (a)(4)— (I) by striking ; and (D) and inserting ; (D) ; (II) by striking ; and (E) and inserting ; (E) ; (III) by striking ; and (F) and inserting ; (F) ; and (IV) by striking the semicolon at the end and inserting ; and (G) oral health services for pregnant and postpartum women (as defined in subsection (jj)); ; and (ii) by adding at the end the following new subsection: (jj) Oral health services for pregnant and postpartum women \n(1) In general \nFor purposes of this title, the term oral health services for pregnant and postpartum women means dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions that are furnished to a woman during pregnancy (or during the 1-year period beginning on the last day of the pregnancy). (2) Coverage requirements \nTo satisfy the requirement to provide oral health services for pregnant and postpartum women, a State shall, at a minimum, provide coverage for preventive, diagnostic, periodontal, and restorative care consistent with recommendations for perinatal oral health care and dental care during pregnancy from the American Academy of Pediatric Dentistry and the American College of Obstetricians and Gynecologists.. (B) CHIP \nSection 2103(c)(6) of the Social Security Act ( 42 U.S.C. 1397cc(c)(6) ) is amended— (i) in subparagraph (A)— (I) by inserting or a targeted low-income pregnant woman after targeted low-income child ; and (II) by inserting , and, in the case of a targeted low-income child who is pregnant or a targeted low-income pregnant woman, satisfy the coverage requirements specified in section 1905(jj) after emergency conditions ; and (ii) in subparagraph (B), by inserting (but only if, in the case of a targeted low-income child who is pregnant or a targeted low-income pregnant woman, the benchmark dental benefit package satisfies the coverage requirements specified in section 1905(jj)) after subparagraph (C). (2) Requiring 12-month continuous coverage of full benefits for pregnant and postpartum individuals under Medicaid and CHIP \n(A) Medicaid \nSection 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (i) in subsection (a)— (ii) in paragraph (86), by striking and at the end; (iii) in paragraph (87), by striking the period at the end and inserting ; and ; and (iv) by inserting after paragraph (87) the following new paragraph: (88) provide that the State plan is in compliance with subsection (e)(16). ; and (v) in subsection (e)(16)— (I) in subparagraph (A), by striking At the option of the State, the State plan (or waiver of such State plan) may provide and inserting A State plan (or waiver of such State plan) shall provide ; (II) in subparagraph (B), in the matter preceding clause (i), by striking by a State making an election under this paragraph and inserting under a State plan (or a waiver of such State plan) ; and (III) by striking subparagraph (C). (B) CHIP \n(i) In general \nSection 2107(e)(1)(J) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(J) ), as inserted by section 9822 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), is amended to read as follows: (J) Paragraphs (5) and (16) of section 1902(e) (relating to the requirement to provide medical assistance under the State plan or waiver consisting of full benefits during pregnancy and throughout the 12-month postpartum period under title XIX).. (ii) Conforming \nSection 2112(d)(2)(A) of the Social Security Act ( 42 U.S.C. 1397ll(d)(2)(A) ) is amended by striking the month in which the 60-day period and all that follows through pursuant to section 2107(e)(1),. (3) Maintenance of effort \n(A) Medicaid \nSection 1902(l) of the Social Security Act ( 42 U.S.C. 1396a(l) ) is amended by adding at the end the following new paragraph: (5) During the period that begins on the date of enactment of this paragraph and ends on the date that is 5 years after such date of enactment, as a condition for receiving any Federal payments under section 1903(a) for calendar quarters occurring during such period, a State shall not have in effect, with respect to women who are eligible for medical assistance under the State plan or under a waiver of such plan on the basis of being pregnant or having been pregnant, eligibility standards, methodologies, or procedures under the State plan or waiver that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan or waiver that are in effect on the date of enactment of this paragraph.. (B) CHIP \nSection 2105(d) of the Social Security Act ( 42 U.S.C. 1397ee(d) ) is amended by adding at the end the following new paragraph: (4) In eligibility standards for targeted low-income pregnant women \nDuring the period that begins on the date of enactment of this paragraph and ends on the date that is 5 years after such date of enactment, as a condition of receiving payments under subsection (a) and section 1903(a), a State that elects to provide assistance to women on the basis of being pregnant (including pregnancy-related assistance provided to targeted low-income pregnant women (as defined in section 2112(d)), pregnancy-related assistance provided to women who are eligible for such assistance through application of section 1902(v)(4)(A)(i) under section 2107(e)(1), or any other assistance under the State child health plan (or a waiver of such plan) which is provided to women on the basis of being pregnant) shall not have in effect, with respect to such women, eligibility standards, methodologies, or procedures under such plan (or waiver) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) that are in effect on the date of enactment of this paragraph.. (4) Information on benefits \nThe Secretary of Health and Human Services shall make publicly available on the internet website of the Department of Health and Human Services, information regarding benefits available to pregnant and postpartum women and under the Medicaid program and the Children's Health Insurance Program, including information on— (A) benefits that States are required to provide to pregnant and postpartum women under such programs; (B) optional benefits that States may provide to pregnant and postpartum women under such programs; and (C) the availability of different kinds of benefits for pregnant and postpartum women, including oral health and mental health benefits and breastfeeding services and supplies, under such programs. (5) Federal funding for cost of extended Medicaid and CHIP coverage for postpartum women \n(A) Medicaid \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by paragraph (1), is further amended by adding at the end the following: (kk) Increased FMAP for extended medical assistance for postpartum individuals \n(1) In general \nNotwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to amounts expended by such State for medical assistance for an individual who is eligible for such assistance on the basis of being pregnant or having been pregnant that is provided during the 305-day period that begins on the 60th day after the last day of the individual's pregnancy (including any such assistance provided during the month in which such period ends), shall be equal to— (A) during the first 20-quarter period for which this subsection is in effect with respect to a State, 100 percent; and (B) with respect to a State, during each quarter thereafter, 90 percent. (2) Exclusion from territorial caps \nAny payment made to a territory for expenditures for medical assistance for an individual described in paragraph (1) that is subject to the Federal medical assistance percentage specified under paragraph (1) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108.. (B) CHIP \nSection 2105(c) of the Social Security Act ( 42 U.S.C. 1397ee(c) ) is amended by adding at the end the following new paragraph: (13) Enhanced payment for extended assistance provided to pregnant women \nNotwithstanding subsection (b), the enhanced FMAP, with respect to payments under subsection (a) for expenditures under the State child health plan (or a waiver of such plan) for assistance provided under the plan (or waiver) to a woman who is eligible for such assistance on the basis of being pregnant (including pregnancy-related assistance provided to a targeted low-income pregnant woman (as defined in section 2112(d)), pregnancy-related assistance provided to a woman who is eligible for such assistance through application of section 1902(v)(4)(A)(i) under section 2107(e)(1), or any other assistance under the plan (or waiver) provided to a woman who is eligible for such assistance on the basis of being pregnant) during the 305-day period that begins on the 60th day after the last day of her pregnancy (including any such assistance provided during the month in which such period ends), shall be equal to— (A) during the first 20-quarter period for which this subsection is in effect with respect to a State, 100 percent; and (B) with respect to a State, during each quarter thereafter, 90 percent.. (6) Guidance on State options for Medicaid coverage of doula services \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance for the States concerning options for Medicaid coverage and payment for support services provided by doulas. (7) Enhanced FMAP for rural obstetric and gynecological services \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by paragraphs (1) and (5), is further amended— (A) in subsection (b), by striking and (ii) and inserting (ii), (jj), (kk), and (ll) ; and (B) by adding at the end the following new subsection: (ll) Increased FMAP for medical assistance for obstetric and gynecological services furnished at rural hospitals \n(1) In general \nNotwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to amounts expended by such State for medical assistance for obstetric or gynecological services that are furnished in a hospital that is located in a rural area (as defined for purposes of section 1886) shall be equal to 90 percent for each calendar quarter beginning with the first calendar quarter during which this subsection is in effect. (2) Exclusion from territorial caps \nAny payment made to a territory for expenditures for medical assistance described in paragraph (1) that is subject to the Federal medical assistance percentage specified under paragraph (1) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108.. (8) Effective dates \n(A) In general \nSubject to subparagraphs (B) and (C)— (i) the amendments made by paragraphs (1), (2), and (5) shall take effect on the first day of the first calendar quarter that begins on or after the date that is 1 year after the date of enactment of this Act; (ii) the amendments made by paragraph (3) shall take effect on the date of enactment of this Act; and (iii) the amendments made by paragraph (7) shall take effect on the first day of the first calendar quarter that begins on or after the date of enactment of this Act. (B) Exception for State legislation \nIn the case of a State plan under title XIX of the Social Security Act or a State child health plan under title XXI of such Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this subsection, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement 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 shall be considered to be a separate regular session of the State legislature. (C) State option for earlier effective date \nA State may elect to have subsection (e)(16) of section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) and subparagraph (J) of section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ), as amended by paragraph (2), and subsection (kk) of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) and paragraph (13) of section 2105(c) of the Social Security Act ( 42 U.S.C. 1397ee(c) ), as added by paragraph (5), take effect with respect to the State on the first day of any fiscal quarter that begins before the date described in subparagraph (A) and apply to amounts payable to the State for expenditures for medical assistance, child health assistance, or pregnancy-related assistance to pregnant or postpartum individuals furnished on or after such day. (c) Regional centers of excellence \nPart P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–8. Regional centers of excellence addressing implicit bias and cultural competency in patient-provider interactions education \n(a) In general \nNot later than one year after the date of enactment of this section, the Secretary, in consultation with such other agency heads as the Secretary determines appropriate, shall award cooperative agreements for the establishment or support of regional centers of excellence addressing implicit bias, cultural competency, and respectful care practices in patient-provider interactions education for the purpose of enhancing and improving how health care professionals are educated in implicit bias and delivering culturally competent health care. (b) Eligibility \nTo be eligible to receive a cooperative agreement under subsection (a), an entity shall— (1) be a public or other nonprofit entity specified by the Secretary that provides educational and training opportunities for students and health care professionals, which may be a health system, teaching hospital, community health center, medical school, school of public health, school of nursing, dental school, social work school, school of professional psychology, or any other health professional school or program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965) focused on the prevention, treatment, or recovery of health conditions that contribute to maternal mortality and the prevention of maternal mortality and severe maternal morbidity; (2) demonstrate community engagement and participation, such as through partnerships with home visiting and case management programs or community-based organizations serving minority populations; (3) demonstrate engagement with groups engaged in the implementation of health care professional training in implicit bias and delivering culturally competent care, such as departments of public health, perinatal quality collaboratives, hospital systems, and health care professional groups, in order to obtain input on resources needed for effective implementation strategies; and (4) provide to the Secretary such information, at such time and in such manner, as the Secretary may require. (c) Diversity \nIn awarding a cooperative agreement under subsection (a), the Secretary shall take into account any regional differences among eligible entities and make an effort to ensure geographic diversity among award recipients. (d) Dissemination of information \n(1) Public availability \nThe Secretary shall make publicly available on the internet website of the Department of Health and Human Services information submitted to the Secretary under subsection (b)(3). (2) Evaluation \nThe Secretary shall evaluate each regional center of excellence established or supported pursuant to subsection (a) and disseminate the findings resulting from each such evaluation to the appropriate public and private entities. (3) Distribution \nThe Secretary shall share evaluations and overall findings with State departments of health and other relevant State level offices to inform State and local best practices. (e) Maternal mortality defined \nIn this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy. (f) Authorization of appropriations \nFor purposes of carrying out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028.. (d) Special supplemental nutrition program for women, infants, and children \nSection 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(ii) ) is amended— (1) by striking the clause designation and heading and all that follows through A State and inserting the following: (ii) Women \n(I) Breastfeeding women \nA State ; (2) in subclause (I) (as so designated), by striking 1 year and all that follows through earlier and inserting 2 years postpartum ; and (3) by adding at the end the following: (II) Postpartum women \nA State may elect to certify a postpartum woman for a period of 2 years.. (e) Definition of maternal mortality \nIn this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy.", "id": "H1B7313014CB340808B60171B5CCA5375", "header": "Improving Federal efforts with respect to prevention of maternal mortality", "nested": [ { "text": "(a) Funding for State-Based perinatal quality collaboratives development and sustainability \n(1) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ), acting through the Division of Reproductive Health of the Centers for Disease Control and Prevention, shall establish a grant program to be known as the State-Based Perinatal Quality Collaborative grant program under which the Secretary awards grants to eligible entities for the purpose of development and sustainability of perinatal quality collaboratives in every State, the District of Columbia, and eligible territories, in order to measurably improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. (2) Grant amounts \nGrants awarded under this subsection shall be in amounts not to exceed $250,000 per year, for the duration of the grant period. (3) State-based perinatal quality collaborative defined \nFor purposes of this subsection, the term State-based perinatal quality collaborative means a network of teams that— (A) is multidisciplinary in nature and includes the full range of perinatal and maternity care providers; (B) works to improve measurable outcomes for maternal and infant health by advancing evidence-informed clinical practices using quality improvement principles; (C) works with hospital-based or outpatient facility-based clinical teams, experts, and stakeholders, including patients and families, to spread best practices and optimize resources to improve perinatal care and outcomes; (D) employs strategies that include the use of the collaborative learning model to provide opportunities for hospitals and clinical teams to collaborate on improvement strategies, rapid-response data to provide timely feedback to hospital and other clinical teams to track progress, and quality improvement science to provide support and coaching to hospital and clinical teams; (E) has the goal of improving population-level outcomes in maternal and infant health; and (F) has the goal of improving outcomes of all birthing people, through the coordination, integration, and collaboration across birth settings. (4) Authorization of appropriations \nFor purposes of carrying out this subsection, there is authorized to be appropriated $35,000,000 per year for each of fiscal years 2024 through 2028.", "id": "H2A560FD196FE4A4BABA1F3E45C6A5604", "header": "Funding for State-Based perinatal quality collaboratives development and sustainability", "nested": [], "links": [] }, { "text": "(b) Expansion of Medicaid and CHIP coverage for pregnant and postpartum women \n(1) Requiring coverage of oral health services for pregnant and postpartum women \n(A) Medicaid \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (i) in subsection (a)(4)— (I) by striking ; and (D) and inserting ; (D) ; (II) by striking ; and (E) and inserting ; (E) ; (III) by striking ; and (F) and inserting ; (F) ; and (IV) by striking the semicolon at the end and inserting ; and (G) oral health services for pregnant and postpartum women (as defined in subsection (jj)); ; and (ii) by adding at the end the following new subsection: (jj) Oral health services for pregnant and postpartum women \n(1) In general \nFor purposes of this title, the term oral health services for pregnant and postpartum women means dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions that are furnished to a woman during pregnancy (or during the 1-year period beginning on the last day of the pregnancy). (2) Coverage requirements \nTo satisfy the requirement to provide oral health services for pregnant and postpartum women, a State shall, at a minimum, provide coverage for preventive, diagnostic, periodontal, and restorative care consistent with recommendations for perinatal oral health care and dental care during pregnancy from the American Academy of Pediatric Dentistry and the American College of Obstetricians and Gynecologists.. (B) CHIP \nSection 2103(c)(6) of the Social Security Act ( 42 U.S.C. 1397cc(c)(6) ) is amended— (i) in subparagraph (A)— (I) by inserting or a targeted low-income pregnant woman after targeted low-income child ; and (II) by inserting , and, in the case of a targeted low-income child who is pregnant or a targeted low-income pregnant woman, satisfy the coverage requirements specified in section 1905(jj) after emergency conditions ; and (ii) in subparagraph (B), by inserting (but only if, in the case of a targeted low-income child who is pregnant or a targeted low-income pregnant woman, the benchmark dental benefit package satisfies the coverage requirements specified in section 1905(jj)) after subparagraph (C). (2) Requiring 12-month continuous coverage of full benefits for pregnant and postpartum individuals under Medicaid and CHIP \n(A) Medicaid \nSection 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (i) in subsection (a)— (ii) in paragraph (86), by striking and at the end; (iii) in paragraph (87), by striking the period at the end and inserting ; and ; and (iv) by inserting after paragraph (87) the following new paragraph: (88) provide that the State plan is in compliance with subsection (e)(16). ; and (v) in subsection (e)(16)— (I) in subparagraph (A), by striking At the option of the State, the State plan (or waiver of such State plan) may provide and inserting A State plan (or waiver of such State plan) shall provide ; (II) in subparagraph (B), in the matter preceding clause (i), by striking by a State making an election under this paragraph and inserting under a State plan (or a waiver of such State plan) ; and (III) by striking subparagraph (C). (B) CHIP \n(i) In general \nSection 2107(e)(1)(J) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(J) ), as inserted by section 9822 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), is amended to read as follows: (J) Paragraphs (5) and (16) of section 1902(e) (relating to the requirement to provide medical assistance under the State plan or waiver consisting of full benefits during pregnancy and throughout the 12-month postpartum period under title XIX).. (ii) Conforming \nSection 2112(d)(2)(A) of the Social Security Act ( 42 U.S.C. 1397ll(d)(2)(A) ) is amended by striking the month in which the 60-day period and all that follows through pursuant to section 2107(e)(1),. (3) Maintenance of effort \n(A) Medicaid \nSection 1902(l) of the Social Security Act ( 42 U.S.C. 1396a(l) ) is amended by adding at the end the following new paragraph: (5) During the period that begins on the date of enactment of this paragraph and ends on the date that is 5 years after such date of enactment, as a condition for receiving any Federal payments under section 1903(a) for calendar quarters occurring during such period, a State shall not have in effect, with respect to women who are eligible for medical assistance under the State plan or under a waiver of such plan on the basis of being pregnant or having been pregnant, eligibility standards, methodologies, or procedures under the State plan or waiver that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan or waiver that are in effect on the date of enactment of this paragraph.. (B) CHIP \nSection 2105(d) of the Social Security Act ( 42 U.S.C. 1397ee(d) ) is amended by adding at the end the following new paragraph: (4) In eligibility standards for targeted low-income pregnant women \nDuring the period that begins on the date of enactment of this paragraph and ends on the date that is 5 years after such date of enactment, as a condition of receiving payments under subsection (a) and section 1903(a), a State that elects to provide assistance to women on the basis of being pregnant (including pregnancy-related assistance provided to targeted low-income pregnant women (as defined in section 2112(d)), pregnancy-related assistance provided to women who are eligible for such assistance through application of section 1902(v)(4)(A)(i) under section 2107(e)(1), or any other assistance under the State child health plan (or a waiver of such plan) which is provided to women on the basis of being pregnant) shall not have in effect, with respect to such women, eligibility standards, methodologies, or procedures under such plan (or waiver) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) that are in effect on the date of enactment of this paragraph.. (4) Information on benefits \nThe Secretary of Health and Human Services shall make publicly available on the internet website of the Department of Health and Human Services, information regarding benefits available to pregnant and postpartum women and under the Medicaid program and the Children's Health Insurance Program, including information on— (A) benefits that States are required to provide to pregnant and postpartum women under such programs; (B) optional benefits that States may provide to pregnant and postpartum women under such programs; and (C) the availability of different kinds of benefits for pregnant and postpartum women, including oral health and mental health benefits and breastfeeding services and supplies, under such programs. (5) Federal funding for cost of extended Medicaid and CHIP coverage for postpartum women \n(A) Medicaid \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by paragraph (1), is further amended by adding at the end the following: (kk) Increased FMAP for extended medical assistance for postpartum individuals \n(1) In general \nNotwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to amounts expended by such State for medical assistance for an individual who is eligible for such assistance on the basis of being pregnant or having been pregnant that is provided during the 305-day period that begins on the 60th day after the last day of the individual's pregnancy (including any such assistance provided during the month in which such period ends), shall be equal to— (A) during the first 20-quarter period for which this subsection is in effect with respect to a State, 100 percent; and (B) with respect to a State, during each quarter thereafter, 90 percent. (2) Exclusion from territorial caps \nAny payment made to a territory for expenditures for medical assistance for an individual described in paragraph (1) that is subject to the Federal medical assistance percentage specified under paragraph (1) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108.. (B) CHIP \nSection 2105(c) of the Social Security Act ( 42 U.S.C. 1397ee(c) ) is amended by adding at the end the following new paragraph: (13) Enhanced payment for extended assistance provided to pregnant women \nNotwithstanding subsection (b), the enhanced FMAP, with respect to payments under subsection (a) for expenditures under the State child health plan (or a waiver of such plan) for assistance provided under the plan (or waiver) to a woman who is eligible for such assistance on the basis of being pregnant (including pregnancy-related assistance provided to a targeted low-income pregnant woman (as defined in section 2112(d)), pregnancy-related assistance provided to a woman who is eligible for such assistance through application of section 1902(v)(4)(A)(i) under section 2107(e)(1), or any other assistance under the plan (or waiver) provided to a woman who is eligible for such assistance on the basis of being pregnant) during the 305-day period that begins on the 60th day after the last day of her pregnancy (including any such assistance provided during the month in which such period ends), shall be equal to— (A) during the first 20-quarter period for which this subsection is in effect with respect to a State, 100 percent; and (B) with respect to a State, during each quarter thereafter, 90 percent.. (6) Guidance on State options for Medicaid coverage of doula services \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance for the States concerning options for Medicaid coverage and payment for support services provided by doulas. (7) Enhanced FMAP for rural obstetric and gynecological services \nSection 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by paragraphs (1) and (5), is further amended— (A) in subsection (b), by striking and (ii) and inserting (ii), (jj), (kk), and (ll) ; and (B) by adding at the end the following new subsection: (ll) Increased FMAP for medical assistance for obstetric and gynecological services furnished at rural hospitals \n(1) In general \nNotwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to amounts expended by such State for medical assistance for obstetric or gynecological services that are furnished in a hospital that is located in a rural area (as defined for purposes of section 1886) shall be equal to 90 percent for each calendar quarter beginning with the first calendar quarter during which this subsection is in effect. (2) Exclusion from territorial caps \nAny payment made to a territory for expenditures for medical assistance described in paragraph (1) that is subject to the Federal medical assistance percentage specified under paragraph (1) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108.. (8) Effective dates \n(A) In general \nSubject to subparagraphs (B) and (C)— (i) the amendments made by paragraphs (1), (2), and (5) shall take effect on the first day of the first calendar quarter that begins on or after the date that is 1 year after the date of enactment of this Act; (ii) the amendments made by paragraph (3) shall take effect on the date of enactment of this Act; and (iii) the amendments made by paragraph (7) shall take effect on the first day of the first calendar quarter that begins on or after the date of enactment of this Act. (B) Exception for State legislation \nIn the case of a State plan under title XIX of the Social Security Act or a State child health plan under title XXI of such Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this subsection, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement 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 shall be considered to be a separate regular session of the State legislature. (C) State option for earlier effective date \nA State may elect to have subsection (e)(16) of section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) and subparagraph (J) of section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ), as amended by paragraph (2), and subsection (kk) of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) and paragraph (13) of section 2105(c) of the Social Security Act ( 42 U.S.C. 1397ee(c) ), as added by paragraph (5), take effect with respect to the State on the first day of any fiscal quarter that begins before the date described in subparagraph (A) and apply to amounts payable to the State for expenditures for medical assistance, child health assistance, or pregnancy-related assistance to pregnant or postpartum individuals furnished on or after such day.", "id": "H8B2BF50EA6AE4261B92158C08D6717FA", "header": "Expansion of Medicaid and CHIP coverage for pregnant and postpartum women", "nested": [], "links": [ { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1397cc(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1397cc" }, { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397gg(e)(1)(J)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" }, { "text": "Public Law 117–2", "legal-doc": "public-law", "parsable-cite": "pl/117/2" }, { "text": "42 U.S.C. 1397ll(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ll" }, { "text": "42 U.S.C. 1396a(l)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397ee(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1397ee(c)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397gg(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1397ee(c)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" } ] }, { "text": "(c) Regional centers of excellence \nPart P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–8. Regional centers of excellence addressing implicit bias and cultural competency in patient-provider interactions education \n(a) In general \nNot later than one year after the date of enactment of this section, the Secretary, in consultation with such other agency heads as the Secretary determines appropriate, shall award cooperative agreements for the establishment or support of regional centers of excellence addressing implicit bias, cultural competency, and respectful care practices in patient-provider interactions education for the purpose of enhancing and improving how health care professionals are educated in implicit bias and delivering culturally competent health care. (b) Eligibility \nTo be eligible to receive a cooperative agreement under subsection (a), an entity shall— (1) be a public or other nonprofit entity specified by the Secretary that provides educational and training opportunities for students and health care professionals, which may be a health system, teaching hospital, community health center, medical school, school of public health, school of nursing, dental school, social work school, school of professional psychology, or any other health professional school or program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965) focused on the prevention, treatment, or recovery of health conditions that contribute to maternal mortality and the prevention of maternal mortality and severe maternal morbidity; (2) demonstrate community engagement and participation, such as through partnerships with home visiting and case management programs or community-based organizations serving minority populations; (3) demonstrate engagement with groups engaged in the implementation of health care professional training in implicit bias and delivering culturally competent care, such as departments of public health, perinatal quality collaboratives, hospital systems, and health care professional groups, in order to obtain input on resources needed for effective implementation strategies; and (4) provide to the Secretary such information, at such time and in such manner, as the Secretary may require. (c) Diversity \nIn awarding a cooperative agreement under subsection (a), the Secretary shall take into account any regional differences among eligible entities and make an effort to ensure geographic diversity among award recipients. (d) Dissemination of information \n(1) Public availability \nThe Secretary shall make publicly available on the internet website of the Department of Health and Human Services information submitted to the Secretary under subsection (b)(3). (2) Evaluation \nThe Secretary shall evaluate each regional center of excellence established or supported pursuant to subsection (a) and disseminate the findings resulting from each such evaluation to the appropriate public and private entities. (3) Distribution \nThe Secretary shall share evaluations and overall findings with State departments of health and other relevant State level offices to inform State and local best practices. (e) Maternal mortality defined \nIn this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy. (f) Authorization of appropriations \nFor purposes of carrying out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028..", "id": "HF4208B4745424BF08D5A9A5E813EC000", "header": "Regional centers of excellence", "nested": [], "links": [ { "text": "42 U.S.C. 280g et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/280g" } ] }, { "text": "(d) Special supplemental nutrition program for women, infants, and children \nSection 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(ii) ) is amended— (1) by striking the clause designation and heading and all that follows through A State and inserting the following: (ii) Women \n(I) Breastfeeding women \nA State ; (2) in subclause (I) (as so designated), by striking 1 year and all that follows through earlier and inserting 2 years postpartum ; and (3) by adding at the end the following: (II) Postpartum women \nA State may elect to certify a postpartum woman for a period of 2 years..", "id": "H263C80072FA14210AA07D4C0889EBE7E", "header": "Special supplemental nutrition program for women, infants, and children", "nested": [], "links": [ { "text": "42 U.S.C. 1786(d)(3)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1786" } ] }, { "text": "(e) Definition of maternal mortality \nIn this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy.", "id": "H7DEC5670432445DFA25313184B09BAF3", "header": "Definition of maternal mortality", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1397cc(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/42/1397cc" }, { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397gg(e)(1)(J)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" }, { "text": "Public Law 117–2", "legal-doc": "public-law", "parsable-cite": "pl/117/2" }, { "text": "42 U.S.C. 1397ll(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ll" }, { "text": "42 U.S.C. 1396a(l)", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397ee(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1397ee(c)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1396a", "legal-doc": "usc", "parsable-cite": "usc/42/1396a" }, { "text": "42 U.S.C. 1397gg(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1397gg" }, { "text": "42 U.S.C. 1396d", "legal-doc": "usc", "parsable-cite": "usc/42/1396d" }, { "text": "42 U.S.C. 1397ee(c)", "legal-doc": "usc", "parsable-cite": "usc/42/1397ee" }, { "text": "42 U.S.C. 280g et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/280g" }, { "text": "42 U.S.C. 1786(d)(3)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/42/1786" } ] }, { "text": "399V–8. Regional centers of excellence addressing implicit bias and cultural competency in patient-provider interactions education \n(a) In general \nNot later than one year after the date of enactment of this section, the Secretary, in consultation with such other agency heads as the Secretary determines appropriate, shall award cooperative agreements for the establishment or support of regional centers of excellence addressing implicit bias, cultural competency, and respectful care practices in patient-provider interactions education for the purpose of enhancing and improving how health care professionals are educated in implicit bias and delivering culturally competent health care. (b) Eligibility \nTo be eligible to receive a cooperative agreement under subsection (a), an entity shall— (1) be a public or other nonprofit entity specified by the Secretary that provides educational and training opportunities for students and health care professionals, which may be a health system, teaching hospital, community health center, medical school, school of public health, school of nursing, dental school, social work school, school of professional psychology, or any other health professional school or program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965) focused on the prevention, treatment, or recovery of health conditions that contribute to maternal mortality and the prevention of maternal mortality and severe maternal morbidity; (2) demonstrate community engagement and participation, such as through partnerships with home visiting and case management programs or community-based organizations serving minority populations; (3) demonstrate engagement with groups engaged in the implementation of health care professional training in implicit bias and delivering culturally competent care, such as departments of public health, perinatal quality collaboratives, hospital systems, and health care professional groups, in order to obtain input on resources needed for effective implementation strategies; and (4) provide to the Secretary such information, at such time and in such manner, as the Secretary may require. (c) Diversity \nIn awarding a cooperative agreement under subsection (a), the Secretary shall take into account any regional differences among eligible entities and make an effort to ensure geographic diversity among award recipients. (d) Dissemination of information \n(1) Public availability \nThe Secretary shall make publicly available on the internet website of the Department of Health and Human Services information submitted to the Secretary under subsection (b)(3). (2) Evaluation \nThe Secretary shall evaluate each regional center of excellence established or supported pursuant to subsection (a) and disseminate the findings resulting from each such evaluation to the appropriate public and private entities. (3) Distribution \nThe Secretary shall share evaluations and overall findings with State departments of health and other relevant State level offices to inform State and local best practices. (e) Maternal mortality defined \nIn this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy. (f) Authorization of appropriations \nFor purposes of carrying out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028.", "id": "H0B14FF744EED41D29BC4FFA389E946D3", "header": "Regional centers of excellence addressing implicit bias and cultural competency in patient-provider interactions education", "nested": [ { "text": "(a) In general \nNot later than one year after the date of enactment of this section, the Secretary, in consultation with such other agency heads as the Secretary determines appropriate, shall award cooperative agreements for the establishment or support of regional centers of excellence addressing implicit bias, cultural competency, and respectful care practices in patient-provider interactions education for the purpose of enhancing and improving how health care professionals are educated in implicit bias and delivering culturally competent health care.", "id": "H75CB476918EB48289EA5A7D1A7496C8D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligibility \nTo be eligible to receive a cooperative agreement under subsection (a), an entity shall— (1) be a public or other nonprofit entity specified by the Secretary that provides educational and training opportunities for students and health care professionals, which may be a health system, teaching hospital, community health center, medical school, school of public health, school of nursing, dental school, social work school, school of professional psychology, or any other health professional school or program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965) focused on the prevention, treatment, or recovery of health conditions that contribute to maternal mortality and the prevention of maternal mortality and severe maternal morbidity; (2) demonstrate community engagement and participation, such as through partnerships with home visiting and case management programs or community-based organizations serving minority populations; (3) demonstrate engagement with groups engaged in the implementation of health care professional training in implicit bias and delivering culturally competent care, such as departments of public health, perinatal quality collaboratives, hospital systems, and health care professional groups, in order to obtain input on resources needed for effective implementation strategies; and (4) provide to the Secretary such information, at such time and in such manner, as the Secretary may require.", "id": "H0E0E956C8BB448DDAD6A2784370BE821", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Diversity \nIn awarding a cooperative agreement under subsection (a), the Secretary shall take into account any regional differences among eligible entities and make an effort to ensure geographic diversity among award recipients.", "id": "HF93A95525528444E96D7411BEF210060", "header": "Diversity", "nested": [], "links": [] }, { "text": "(d) Dissemination of information \n(1) Public availability \nThe Secretary shall make publicly available on the internet website of the Department of Health and Human Services information submitted to the Secretary under subsection (b)(3). (2) Evaluation \nThe Secretary shall evaluate each regional center of excellence established or supported pursuant to subsection (a) and disseminate the findings resulting from each such evaluation to the appropriate public and private entities. (3) Distribution \nThe Secretary shall share evaluations and overall findings with State departments of health and other relevant State level offices to inform State and local best practices.", "id": "H0CA40EDA43184CCAB1ED1703614FD44A", "header": "Dissemination of information", "nested": [], "links": [] }, { "text": "(e) Maternal mortality defined \nIn this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy.", "id": "H9C4A044C0CC84D19AF4089E5EE5D9ED9", "header": "Maternal mortality defined", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nFor purposes of carrying out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028.", "id": "HA0FA176909FE4AB88181FCD28176C1D6", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Full spectrum doula workforce \n(a) In general \nThe Secretary of Health and Human Services shall establish and implement a program to award grants or contracts to health professions schools, schools of public health, academic health centers, State or local governments, territories, Indian Tribes and Tribal organizations, Urban Indian organizations, Native Hawaiian organizations, community-based organizations, or other appropriate public or private nonprofit entities (or consortia of any such entities, including entities promoting multidisciplinary approaches), to establish or expand programs to grow and diversify the doula workforce, including through improving the capacity and supply of health care providers. (b) Use of funds \nAmounts made available by subsection (a) shall be used for the following activities: (1) Establishing programs that provide education and training to individuals seeking appropriate training or certification as full spectrum doulas. (2) Expanding the capacity of existing programs described in paragraph (1), for the purpose of increasing the number of students enrolled in such programs, including by awarding scholarships for students who agree to work in underserved communities after receiving such education and training. (3) Developing and implementing strategies to recruit and retain students from underserved communities, particularly from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity, including racial and ethnic minority groups, into programs described in paragraphs (1) and (2). (c) Funding \nIn addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until expended, for carrying out this section.", "id": "H8FB728A9DD674B8A960C6CA435110249", "header": "Full spectrum doula workforce", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services shall establish and implement a program to award grants or contracts to health professions schools, schools of public health, academic health centers, State or local governments, territories, Indian Tribes and Tribal organizations, Urban Indian organizations, Native Hawaiian organizations, community-based organizations, or other appropriate public or private nonprofit entities (or consortia of any such entities, including entities promoting multidisciplinary approaches), to establish or expand programs to grow and diversify the doula workforce, including through improving the capacity and supply of health care providers.", "id": "HA7F4A99F65284CAC914DC170C2A60D12", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \nAmounts made available by subsection (a) shall be used for the following activities: (1) Establishing programs that provide education and training to individuals seeking appropriate training or certification as full spectrum doulas. (2) Expanding the capacity of existing programs described in paragraph (1), for the purpose of increasing the number of students enrolled in such programs, including by awarding scholarships for students who agree to work in underserved communities after receiving such education and training. (3) Developing and implementing strategies to recruit and retain students from underserved communities, particularly from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity, including racial and ethnic minority groups, into programs described in paragraphs (1) and (2).", "id": "H661A3B6726B2409E8278A911C1870A3A", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Funding \nIn addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until expended, for carrying out this section.", "id": "H7D7A3301FBF546FC8FA2A0C68F9104F6", "header": "Funding", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Grants for rural obstetric mobile health units \nPart B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding at the end the following: 320C. Grants for rural obstetric mobile health units \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the Secretary ), shall establish a pilot program under which the Secretary shall make grants to States— (1) to purchase and equip rural mobile health units for the purpose of providing pre-conception, pregnancy, postpartum, and obstetric emergency services in rural and underserved communities; (2) to train providers including obstetrician-gynecologists, certified nurse-midwives, nurse practitioners, nurses, and midwives to operate and provide obstetric services, including training and planning for obstetric emergencies, in such mobile health units; and (3) to address access issues, including social determinants of health and wrap-around clinical and community services including nutrition, housing, lactation services, and transportation support and referrals. (b) No sharing of data with law enforcement \nAs a condition of receiving a grant under this section, a State shall submit to the Secretary an assurance that the State will not make available to Federal or State law enforcement any personally identifiable information regarding any pregnant or postpartum individual collected pursuant to such grant. (c) Grant duration \nThe period of a grant under this section shall not exceed 5 years. (d) Implementing and reporting \n(1) In general \nStates that receive pilot grants under this section shall be responsible for— (A) implementing the program funded by the pilot grants; and (B) not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, submitting a report containing the results of such program to the Secretary, including— (i) relevant information and relevant quantitative indicators of the programs’ success in improving the standard of care and maternal health outcomes for individuals in rural and underserved communities seen for pre-conception, pregnancy, or postpartum visits in the rural mobile health units, stratified by the categories of data specified in paragraph (2); (ii) relevant qualitative evaluations from individuals receiving pre-conception, pregnant, or postpartum care from rural mobile health units, including measures of patient-reported experience of care and measures of patient-reported issues with access to care without the rural mobile health unit pilot; and (iii) strategies to sustain such programs beyond the duration of the grant and expand such programs to other rural and underserved communities. (2) Categories of data \nThe categories of data specified in this paragraph are the following: (A) Race, ethnicity, sex, gender, gender identity, primary language, age, geography, disability status, and insurance status. (B) Number of visits provided for preconception, prenatal, or postpartum care. (C) Number of repeat visits provided for preconception, prenatal, or postpartum care. (D) Number of screenings or tests provided for smoking, substance use, hypertension, sexually-transmitted diseases, diabetes, HIV, depression, intimate partner violence, pap smears, and pregnancy. (3) Data privacy protection \nThe reports referred to in paragraph (1)(B) shall not contain any personally identifiable information regarding any pregnant or postpartum individual. (e) Evaluation \nThe Secretary shall conduct an evaluation of the pilot program under this section to determine the impact of the pilot program with respect to— (1) the effectiveness of the grants awarded under this section to improve maternal health outcomes in rural and underserved communities, with data stratified by race, ethnicity, primary language, socioeconomic status, geography, insurance type, and other factors as the Secretary determines appropriate; (2) spending on maternity care by States participating in the pilot program; (3) to the extent practicable, qualitative, and quantitative measures of patient experience; and (4) any other areas of assessment that the Secretary determines relevant. (f) Report \nNot later than one year after the completion of the pilot program under this section, the Secretary shall submit to the Congress, and make publicly available, a report containing— (1) the results of any evaluation conducted under subsection (e); and (2) a recommendation regarding whether the pilot program should be continued after fiscal year 2028 and expanded on a national basis. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2024 through 2028..", "id": "H69EA28B228354FF2802D480FBFD2F838", "header": "Grants for rural obstetric mobile health units", "nested": [], "links": [ { "text": "42 U.S.C. 243 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/243" } ] }, { "text": "320C. Grants for rural obstetric mobile health units \n(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the Secretary ), shall establish a pilot program under which the Secretary shall make grants to States— (1) to purchase and equip rural mobile health units for the purpose of providing pre-conception, pregnancy, postpartum, and obstetric emergency services in rural and underserved communities; (2) to train providers including obstetrician-gynecologists, certified nurse-midwives, nurse practitioners, nurses, and midwives to operate and provide obstetric services, including training and planning for obstetric emergencies, in such mobile health units; and (3) to address access issues, including social determinants of health and wrap-around clinical and community services including nutrition, housing, lactation services, and transportation support and referrals. (b) No sharing of data with law enforcement \nAs a condition of receiving a grant under this section, a State shall submit to the Secretary an assurance that the State will not make available to Federal or State law enforcement any personally identifiable information regarding any pregnant or postpartum individual collected pursuant to such grant. (c) Grant duration \nThe period of a grant under this section shall not exceed 5 years. (d) Implementing and reporting \n(1) In general \nStates that receive pilot grants under this section shall be responsible for— (A) implementing the program funded by the pilot grants; and (B) not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, submitting a report containing the results of such program to the Secretary, including— (i) relevant information and relevant quantitative indicators of the programs’ success in improving the standard of care and maternal health outcomes for individuals in rural and underserved communities seen for pre-conception, pregnancy, or postpartum visits in the rural mobile health units, stratified by the categories of data specified in paragraph (2); (ii) relevant qualitative evaluations from individuals receiving pre-conception, pregnant, or postpartum care from rural mobile health units, including measures of patient-reported experience of care and measures of patient-reported issues with access to care without the rural mobile health unit pilot; and (iii) strategies to sustain such programs beyond the duration of the grant and expand such programs to other rural and underserved communities. (2) Categories of data \nThe categories of data specified in this paragraph are the following: (A) Race, ethnicity, sex, gender, gender identity, primary language, age, geography, disability status, and insurance status. (B) Number of visits provided for preconception, prenatal, or postpartum care. (C) Number of repeat visits provided for preconception, prenatal, or postpartum care. (D) Number of screenings or tests provided for smoking, substance use, hypertension, sexually-transmitted diseases, diabetes, HIV, depression, intimate partner violence, pap smears, and pregnancy. (3) Data privacy protection \nThe reports referred to in paragraph (1)(B) shall not contain any personally identifiable information regarding any pregnant or postpartum individual. (e) Evaluation \nThe Secretary shall conduct an evaluation of the pilot program under this section to determine the impact of the pilot program with respect to— (1) the effectiveness of the grants awarded under this section to improve maternal health outcomes in rural and underserved communities, with data stratified by race, ethnicity, primary language, socioeconomic status, geography, insurance type, and other factors as the Secretary determines appropriate; (2) spending on maternity care by States participating in the pilot program; (3) to the extent practicable, qualitative, and quantitative measures of patient experience; and (4) any other areas of assessment that the Secretary determines relevant. (f) Report \nNot later than one year after the completion of the pilot program under this section, the Secretary shall submit to the Congress, and make publicly available, a report containing— (1) the results of any evaluation conducted under subsection (e); and (2) a recommendation regarding whether the pilot program should be continued after fiscal year 2028 and expanded on a national basis. (g) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2024 through 2028.", "id": "H917743B99B2F46C3A937137FC05C8A25", "header": "Grants for rural obstetric mobile health units", "nested": [ { "text": "(a) In general \nThe Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the Secretary ), shall establish a pilot program under which the Secretary shall make grants to States— (1) to purchase and equip rural mobile health units for the purpose of providing pre-conception, pregnancy, postpartum, and obstetric emergency services in rural and underserved communities; (2) to train providers including obstetrician-gynecologists, certified nurse-midwives, nurse practitioners, nurses, and midwives to operate and provide obstetric services, including training and planning for obstetric emergencies, in such mobile health units; and (3) to address access issues, including social determinants of health and wrap-around clinical and community services including nutrition, housing, lactation services, and transportation support and referrals.", "id": "H88A84F20E86A427BBBC7ACA8FF7C0020", "header": "In general", "nested": [], "links": [] }, { "text": "(b) No sharing of data with law enforcement \nAs a condition of receiving a grant under this section, a State shall submit to the Secretary an assurance that the State will not make available to Federal or State law enforcement any personally identifiable information regarding any pregnant or postpartum individual collected pursuant to such grant.", "id": "H8A4D66749069436B9A4B54F124F0B674", "header": "No sharing of data with law enforcement", "nested": [], "links": [] }, { "text": "(c) Grant duration \nThe period of a grant under this section shall not exceed 5 years.", "id": "HA832C15BF7D1492982E36EED7C3BF11B", "header": "Grant duration", "nested": [], "links": [] }, { "text": "(d) Implementing and reporting \n(1) In general \nStates that receive pilot grants under this section shall be responsible for— (A) implementing the program funded by the pilot grants; and (B) not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, submitting a report containing the results of such program to the Secretary, including— (i) relevant information and relevant quantitative indicators of the programs’ success in improving the standard of care and maternal health outcomes for individuals in rural and underserved communities seen for pre-conception, pregnancy, or postpartum visits in the rural mobile health units, stratified by the categories of data specified in paragraph (2); (ii) relevant qualitative evaluations from individuals receiving pre-conception, pregnant, or postpartum care from rural mobile health units, including measures of patient-reported experience of care and measures of patient-reported issues with access to care without the rural mobile health unit pilot; and (iii) strategies to sustain such programs beyond the duration of the grant and expand such programs to other rural and underserved communities. (2) Categories of data \nThe categories of data specified in this paragraph are the following: (A) Race, ethnicity, sex, gender, gender identity, primary language, age, geography, disability status, and insurance status. (B) Number of visits provided for preconception, prenatal, or postpartum care. (C) Number of repeat visits provided for preconception, prenatal, or postpartum care. (D) Number of screenings or tests provided for smoking, substance use, hypertension, sexually-transmitted diseases, diabetes, HIV, depression, intimate partner violence, pap smears, and pregnancy. (3) Data privacy protection \nThe reports referred to in paragraph (1)(B) shall not contain any personally identifiable information regarding any pregnant or postpartum individual.", "id": "HAC88D058F0DF43EF9A4178984DBB91A0", "header": "Implementing and reporting", "nested": [], "links": [] }, { "text": "(e) Evaluation \nThe Secretary shall conduct an evaluation of the pilot program under this section to determine the impact of the pilot program with respect to— (1) the effectiveness of the grants awarded under this section to improve maternal health outcomes in rural and underserved communities, with data stratified by race, ethnicity, primary language, socioeconomic status, geography, insurance type, and other factors as the Secretary determines appropriate; (2) spending on maternity care by States participating in the pilot program; (3) to the extent practicable, qualitative, and quantitative measures of patient experience; and (4) any other areas of assessment that the Secretary determines relevant.", "id": "H79F23916094E4DFA8160C3236F39A611", "header": "Evaluation", "nested": [], "links": [] }, { "text": "(f) Report \nNot later than one year after the completion of the pilot program under this section, the Secretary shall submit to the Congress, and make publicly available, a report containing— (1) the results of any evaluation conducted under subsection (e); and (2) a recommendation regarding whether the pilot program should be continued after fiscal year 2028 and expanded on a national basis.", "id": "HCA64E988826C4047A4E040EA8B1FED76", "header": "Report", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2024 through 2028.", "id": "H3FD85891F817492191CD17538DD69DCE", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Requiring notification of impending hospital obstetric unit closure \nSection 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (X), by striking and at the end; (2) in subparagraph (Y)(ii)(V), by striking the period and inserting , and ; and (3) by inserting after subparagraph (Y) the following new subparagraph: (Z) beginning 180 days after the date of the enactment of this subparagraph, in the case of a hospital, not less than 90 days prior to the closure of any obstetric unit of the hospital, to submit to the Secretary a notification which shall include— (i) a report analyzing the impact the closure will have on the community; (ii) steps the hospital will take to identify other health care providers that can alleviate any service gaps as a result of the closure; and (iii) any additional information as may be required by the Secretary..", "id": "HD3E9C2BB7AFA480FACCD7B383AF31ACA", "header": "Requiring notification of impending hospital obstetric unit closure", "nested": [], "links": [ { "text": "42 U.S.C. 1395cc(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395cc" } ] }, { "text": "7. Report on maternal health needs \n(a) In general \nNot later than 24 months after the date of enactment of this Act, the Secretary of Health and Human Services shall prepare, and submit to the Congress, a report on— (1) where the maternal health needs are greatest in the United States; and (2) the Federal expenditures made to address such needs. (b) Period covered \nThe report under subsection (a) shall cover the period of 2000 through 2022. (c) Contents \nThe report under subsection (a) shall include analysis of the following: (1) How Federal funds provided to States for maternal health were distributed across regions, States, and localities or counties. (2) Barriers to applying for and receiving Federal funds for maternal health, including with respect to initial applications— (A) requirements for submission in partnership with other entities; and (B) stringent network requirements. (3) Why applicants did not receive funding, including limited availability of funds, the strength of the respective applications, and failure to adhere to requirements. (d) Disaggregation of data \nThe report under subsection (a) shall disaggregate data on mothers served by race, ethnicity, insurance status, and language spoken.", "id": "HEB8D8457785341B089BD04670882FC27", "header": "Report on maternal health needs", "nested": [ { "text": "(a) In general \nNot later than 24 months after the date of enactment of this Act, the Secretary of Health and Human Services shall prepare, and submit to the Congress, a report on— (1) where the maternal health needs are greatest in the United States; and (2) the Federal expenditures made to address such needs.", "id": "HDE6CF4F4F0AB4CCE9C11985E2ED122CC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Period covered \nThe report under subsection (a) shall cover the period of 2000 through 2022.", "id": "HFB964D00E43843BBBD88B7B433319D8E", "header": "Period covered", "nested": [], "links": [] }, { "text": "(c) Contents \nThe report under subsection (a) shall include analysis of the following: (1) How Federal funds provided to States for maternal health were distributed across regions, States, and localities or counties. (2) Barriers to applying for and receiving Federal funds for maternal health, including with respect to initial applications— (A) requirements for submission in partnership with other entities; and (B) stringent network requirements. (3) Why applicants did not receive funding, including limited availability of funds, the strength of the respective applications, and failure to adhere to requirements.", "id": "HF19E6ED8272344B1A77421773BC6AEFF", "header": "Contents", "nested": [], "links": [] }, { "text": "(d) Disaggregation of data \nThe report under subsection (a) shall disaggregate data on mothers served by race, ethnicity, insurance status, and language spoken.", "id": "H2C42C054B26E4DAE993DC9C9579FB63F", "header": "Disaggregation of data", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Increasing excise taxes on cigarettes and establishing excise tax equity among all tobacco product tax rates \n(a) Tax parity for Roll-Your-Own tobacco \nSection 5701(g) of the Internal Revenue Code of 1986 is amended by striking $24.78 and inserting $49.56. (b) Tax parity for pipe tobacco \nSection 5701(f) of the Internal Revenue Code of 1986 is amended by striking $2.8311 cents and inserting $49.56. (c) Tax parity for smokeless tobacco \n(1) Section 5701(e) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1), by striking $1.51 and inserting $26.84 ; (B) in paragraph (2), by striking 50.33 cents and inserting $10.74 ; and (C) by adding at the end the following: (3) Smokeless tobacco sold in discrete single-use units \nOn discrete single-use units, $100.66 per thousand.. (2) Section 5702(m) of such Code is amended— (A) in paragraph (1), by striking or chewing tobacco and inserting , chewing tobacco, or discrete single-use unit ; (B) in paragraphs (2) and (3), by inserting that is not a discrete single-use unit before the period in each such paragraph; and (C) by adding at the end the following: (4) Discrete single-use unit \nThe term discrete single-use unit means any product containing, made from, or derived from tobacco or nicotine that— (A) is not intended to be smoked; and (B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit.. (d) Tax parity for small cigars \nParagraph (1) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking $50.33 and inserting $100.66. (e) Tax parity for large cigars \n(1) In general \nParagraph (2) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking 52.75 percent and all that follows through the period and inserting the following: $49.56 per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than 10.066 cents per cigar.. (2) Guidance \nThe Secretary of the Treasury, or the Secretary's delegate, may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section 5701(a)(2) of the Internal Revenue Code of 1986. (3) Conforming amendment \nSection 5702 of such Code is amended by striking subsection (l). (f) Tax parity for Roll-Your-Own tobacco and certain processed tobacco \nSubsection (o) of section 5702 of the Internal Revenue Code of 1986 is amended by inserting , and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section 5713, but does not include removals of processed tobacco for exportation after wrappers thereof. (g) Clarifying tax rate for other tobacco products \n(1) In general \nSection 5701 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Other tobacco products \nAny product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Tobacco Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary.. (2) Establishing per use basis \nFor purposes of section 5701(i) of the Internal Revenue Code of 1986, not later than 12 months after the later of the date of the enactment of this Act or the date that a product has been determined to be a tobacco product by the Food and Drug Administration, the Secretary of the Treasury (or the Secretary of the Treasury's delegate) shall issue final regulations establishing the level of tax for such product that is equivalent to the tax rate for cigarettes on an estimated per use basis. (h) Clarifying definition of tobacco products \n(1) In general \nSubsection (c) of section 5702 of the Internal Revenue Code of 1986 is amended to read as follows: (c) Tobacco products \nThe term tobacco products means— (1) cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and (2) any other product subject to tax pursuant to section 5701(i).. (2) Conforming amendments \nSubsection (d) of section 5702 of such Code is amended by striking cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco each place it appears and inserting tobacco products. (i) Increasing tax on cigarettes \n(1) Small cigarettes \nSection 5701(b)(1) of such Code is amended by striking $50.33 and inserting $100.66. (2) Large cigarettes \nSection 5701(b)(2) of such Code is amended by striking $105.69 and inserting $211.38. (j) Tax rates adjusted for inflation \nSection 5701 of such Code, as amended by subsection (g), is amended by adding at the end the following new subsection: (j) Inflation adjustment \n(1) In general \nIn the case of any calendar year beginning after 2023, the dollar amounts provided under this chapter shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting ‘calendar year 2022’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. (2) Rounding \nIf any amount as adjusted under paragraph (1) is not a multiple of $0.01, such amount shall be rounded to the next highest multiple of $0.01.. (k) Floor Stocks Taxes \n(1) Imposition of tax \nOn tobacco products manufactured in or imported into the United States which are removed before any tax increase date and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of— (A) the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over (B) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) Credit against tax \nEach person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to the lesser of $1,000 or the amount of such taxes. For purposes of the preceding sentence, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 person for purposes of this paragraph. (3) Liability for tax and method of payment \n(A) Liability for tax \nA person holding tobacco products on any tax increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment \nThe tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment \nThe tax imposed by paragraph (1) shall be paid on or before the date that is 120 days after the effective date of the tax rate increase. (4) Articles in foreign trade zones \nNotwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq. ), or any other provision of law, any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph (1) if— (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the first proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the second proviso of such section 3(a). (5) Definitions \nFor purposes of this subsection— (A) In general \nAny term used in this subsection which is also used in section 5702 of such Code shall have the same meaning as such term has in such section. (B) Tax increase date \nThe term tax increase date means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section (other than subsection (j) thereof). (C) Secretary \nThe term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (6) Controlled groups \nRules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable \nAll provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (l) Effective dates \n(1) In general \nExcept as provided in paragraphs (2) and (3), the amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the last day of the month which includes the date of the enactment of this Act. (2) Discrete single-use units, large cigars, and processed tobacco \nThe amendments made by subsections (c)(1)(C), (c)(2), (e), and (f) shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date that is 6 months after the date of the enactment of this Act. (3) Other tobacco products \nThe amendments made by subsection (g)(1) shall apply to products removed after the last day of the month which includes the date that the Secretary of the Treasury (or the Secretary of the Treasury's delegate) issues final regulations establishing the level of tax for such product.", "id": "H3CB54DDF83FB4652AD5B54049ACCFFE0", "header": "Increasing excise taxes on cigarettes and establishing excise tax equity among all tobacco product tax rates", "nested": [ { "text": "(a) Tax parity for Roll-Your-Own tobacco \nSection 5701(g) of the Internal Revenue Code of 1986 is amended by striking $24.78 and inserting $49.56.", "id": "H907748CF8E044EF18A2C2F8517F900CC", "header": "Tax parity for Roll-Your-Own tobacco", "nested": [], "links": [ { "text": "Section 5701(g)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" } ] }, { "text": "(b) Tax parity for pipe tobacco \nSection 5701(f) of the Internal Revenue Code of 1986 is amended by striking $2.8311 cents and inserting $49.56.", "id": "H0D057FE180DA40E2A9EFD80ACDDF1A57", "header": "Tax parity for pipe tobacco", "nested": [], "links": [ { "text": "Section 5701(f)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" } ] }, { "text": "(c) Tax parity for smokeless tobacco \n(1) Section 5701(e) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1), by striking $1.51 and inserting $26.84 ; (B) in paragraph (2), by striking 50.33 cents and inserting $10.74 ; and (C) by adding at the end the following: (3) Smokeless tobacco sold in discrete single-use units \nOn discrete single-use units, $100.66 per thousand.. (2) Section 5702(m) of such Code is amended— (A) in paragraph (1), by striking or chewing tobacco and inserting , chewing tobacco, or discrete single-use unit ; (B) in paragraphs (2) and (3), by inserting that is not a discrete single-use unit before the period in each such paragraph; and (C) by adding at the end the following: (4) Discrete single-use unit \nThe term discrete single-use unit means any product containing, made from, or derived from tobacco or nicotine that— (A) is not intended to be smoked; and (B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit..", "id": "HDDB2822CFF5745EBAEDA4FAB4D6719F7", "header": "Tax parity for smokeless tobacco", "nested": [], "links": [ { "text": "Section 5701(e)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" } ] }, { "text": "(d) Tax parity for small cigars \nParagraph (1) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking $50.33 and inserting $100.66.", "id": "H7F876CD51B274F98BF12F6B0A85E8D06", "header": "Tax parity for small cigars", "nested": [], "links": [ { "text": "section 5701(a)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" } ] }, { "text": "(e) Tax parity for large cigars \n(1) In general \nParagraph (2) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking 52.75 percent and all that follows through the period and inserting the following: $49.56 per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than 10.066 cents per cigar.. (2) Guidance \nThe Secretary of the Treasury, or the Secretary's delegate, may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section 5701(a)(2) of the Internal Revenue Code of 1986. (3) Conforming amendment \nSection 5702 of such Code is amended by striking subsection (l).", "id": "H3B84E431B7F64905AF75A62FDBF43F84", "header": "Tax parity for large cigars", "nested": [], "links": [ { "text": "section 5701(a)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 5701(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" } ] }, { "text": "(f) Tax parity for Roll-Your-Own tobacco and certain processed tobacco \nSubsection (o) of section 5702 of the Internal Revenue Code of 1986 is amended by inserting , and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section 5713, but does not include removals of processed tobacco for exportation after wrappers thereof.", "id": "H11AB6C73462A4D57B8DE7EF318CD6C11", "header": "Tax parity for Roll-Your-Own tobacco and certain processed tobacco", "nested": [], "links": [ { "text": "section 5702", "legal-doc": "usc", "parsable-cite": "usc/26/5702" } ] }, { "text": "(g) Clarifying tax rate for other tobacco products \n(1) In general \nSection 5701 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Other tobacco products \nAny product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Tobacco Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary.. (2) Establishing per use basis \nFor purposes of section 5701(i) of the Internal Revenue Code of 1986, not later than 12 months after the later of the date of the enactment of this Act or the date that a product has been determined to be a tobacco product by the Food and Drug Administration, the Secretary of the Treasury (or the Secretary of the Treasury's delegate) shall issue final regulations establishing the level of tax for such product that is equivalent to the tax rate for cigarettes on an estimated per use basis.", "id": "HB09500BFF6D84D3C994ABD98C4E4ED73", "header": "Clarifying tax rate for other tobacco products", "nested": [], "links": [ { "text": "Section 5701", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 5701(i)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" } ] }, { "text": "(h) Clarifying definition of tobacco products \n(1) In general \nSubsection (c) of section 5702 of the Internal Revenue Code of 1986 is amended to read as follows: (c) Tobacco products \nThe term tobacco products means— (1) cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and (2) any other product subject to tax pursuant to section 5701(i).. (2) Conforming amendments \nSubsection (d) of section 5702 of such Code is amended by striking cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco each place it appears and inserting tobacco products.", "id": "H3A2574B5851845968C93F9A0CBEB5B8A", "header": "Clarifying definition of tobacco products", "nested": [], "links": [ { "text": "section 5702", "legal-doc": "usc", "parsable-cite": "usc/26/5702" } ] }, { "text": "(i) Increasing tax on cigarettes \n(1) Small cigarettes \nSection 5701(b)(1) of such Code is amended by striking $50.33 and inserting $100.66. (2) Large cigarettes \nSection 5701(b)(2) of such Code is amended by striking $105.69 and inserting $211.38.", "id": "H083CD30B410B4F22AF7ECF9200893904", "header": "Increasing tax on cigarettes", "nested": [], "links": [] }, { "text": "(j) Tax rates adjusted for inflation \nSection 5701 of such Code, as amended by subsection (g), is amended by adding at the end the following new subsection: (j) Inflation adjustment \n(1) In general \nIn the case of any calendar year beginning after 2023, the dollar amounts provided under this chapter shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting ‘calendar year 2022’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. (2) Rounding \nIf any amount as adjusted under paragraph (1) is not a multiple of $0.01, such amount shall be rounded to the next highest multiple of $0.01..", "id": "HB17A167229144FBA9DA08AFD221AF1C3", "header": "Tax rates adjusted for inflation", "nested": [], "links": [] }, { "text": "(k) Floor Stocks Taxes \n(1) Imposition of tax \nOn tobacco products manufactured in or imported into the United States which are removed before any tax increase date and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of— (A) the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over (B) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) Credit against tax \nEach person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to the lesser of $1,000 or the amount of such taxes. For purposes of the preceding sentence, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 person for purposes of this paragraph. (3) Liability for tax and method of payment \n(A) Liability for tax \nA person holding tobacco products on any tax increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment \nThe tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment \nThe tax imposed by paragraph (1) shall be paid on or before the date that is 120 days after the effective date of the tax rate increase. (4) Articles in foreign trade zones \nNotwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq. ), or any other provision of law, any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph (1) if— (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the first proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the second proviso of such section 3(a). (5) Definitions \nFor purposes of this subsection— (A) In general \nAny term used in this subsection which is also used in section 5702 of such Code shall have the same meaning as such term has in such section. (B) Tax increase date \nThe term tax increase date means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section (other than subsection (j) thereof). (C) Secretary \nThe term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (6) Controlled groups \nRules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable \nAll provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made.", "id": "HE3AC3C2DFB314E5F88E3915D8FBD28CE", "header": "Floor Stocks Taxes", "nested": [], "links": [ { "text": "section 5701", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 414", "legal-doc": "usc", "parsable-cite": "usc/26/414" }, { "text": "19 U.S.C. 81a et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/81a" } ] }, { "text": "(l) Effective dates \n(1) In general \nExcept as provided in paragraphs (2) and (3), the amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the last day of the month which includes the date of the enactment of this Act. (2) Discrete single-use units, large cigars, and processed tobacco \nThe amendments made by subsections (c)(1)(C), (c)(2), (e), and (f) shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date that is 6 months after the date of the enactment of this Act. (3) Other tobacco products \nThe amendments made by subsection (g)(1) shall apply to products removed after the last day of the month which includes the date that the Secretary of the Treasury (or the Secretary of the Treasury's delegate) issues final regulations establishing the level of tax for such product.", "id": "H3BB3A49505644252BB84094391C1ABE7", "header": "Effective dates", "nested": [], "links": [ { "text": "section 5702(j)", "legal-doc": "usc", "parsable-cite": "usc/26/5702" }, { "text": "section 5702(j)", "legal-doc": "usc", "parsable-cite": "usc/26/5702" } ] } ], "links": [ { "text": "Section 5701(g)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "Section 5701(f)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "Section 5701(e)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 5701(a)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 5701(a)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 5701(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 5702", "legal-doc": "usc", "parsable-cite": "usc/26/5702" }, { "text": "Section 5701", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 5701(i)", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 5702", "legal-doc": "usc", "parsable-cite": "usc/26/5702" }, { "text": "section 5701", "legal-doc": "usc", "parsable-cite": "usc/26/5701" }, { "text": "section 414", "legal-doc": "usc", "parsable-cite": "usc/26/414" }, { "text": "19 U.S.C. 81a et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/81a" }, { "text": "section 5702(j)", "legal-doc": "usc", "parsable-cite": "usc/26/5702" }, { "text": "section 5702(j)", "legal-doc": "usc", "parsable-cite": "usc/26/5702" } ] } ]
10
1. Short title This Act may be cited as the Community Access, Resources, and Empowerment for Moms Act or the CARE for Moms Act. 2. Findings Congress finds the following: (1) Every year, across the United States, nearly 4,000,000 women give birth, more than 1,000 women suffer fatal complications during pregnancy, while giving birth or during the postpartum period, and about 70,000 women suffer near-fatal, partum-related complications. (2) The maternal mortality rate is often used as a proxy to measure the overall health of a population. While the infant mortality rate in the United States has reached its lowest point, the risk of death for women in the United States during pregnancy, childbirth, or the postpartum period is higher than such risk in many other high-income countries. The estimated maternal mortality rate (deaths per 100,000 live births) for the 48 contiguous States and Washington, DC, increased from 14.5 percent in 2000 to 32.0 in 2021. The United States is the only industrialized nation with a rising maternal mortality rate. (3) The National Vital Statistics System of the Centers for Disease Control and Prevention has found that in 2021, there were 32.9 maternal deaths for every 100,000 live births in the United States. That ratio continues to exceed the rate in other high-income countries. (4) It is estimated that more than 80 percent of maternal deaths in the United States are preventable. (5) According to the Centers for Disease Control and Prevention, the maternal mortality rate varies drastically for women by race and ethnicity. There are about 26.6 deaths per 100,000 live births for White women, 69.9 deaths per 100,000 live births for non-Hispanic Black women, and 32.0 deaths per 100,000 live births for American Indian/Alaska Native women. While maternal mortality disparately impacts Black women, this urgent public health crisis traverses race, ethnicity, socioeconomic status, educational background, and geography. (6) In the United States, non-Hispanic Black women are about 3 times more likely to die from causes related to pregnancy and childbirth compared to non-Hispanic White women, which is one of the most disconcerting racial disparities in public health. This disparity widens in certain cities and States across the country. (7) According to the National Center for Health Statistics of the Centers for Disease Control and Prevention, the maternal mortality rate heightens with age, as women 40 and older die at a rate of 138.5 per 100,000 births compared to 20.4 per 100,000 for women under 25. This translates to women over 40 being 6.8 times more likely to die compared to their counterparts under 25 years of age. (8) The COVID–19 pandemic has exacerbated the maternal health crisis. A study of the Centers for Disease Control and Prevention suggested that pregnant women are at a significantly higher risk for severe outcomes, including death, from COVID–19 as compared to non-pregnant women. The COVID–19 pandemic also decreased access to prenatal and postpartum care. A study by the Government Accountability Office found that COVID–19 contributed to 25 percent of maternal deaths in 2020 and 2021. (9) The findings described in paragraphs (1) through (8) are of major concern to researchers, academics, members of the business community, and providers across the obstetric continuum represented by organizations such as— (A) the American College of Nurse-Midwives; (B) the American College of Obstetricians and Gynecologists; (C) the American Medical Association; (D) the Association of Women’s Health, Obstetric and Neonatal Nurses; (E) the Black Mamas Matter Alliance; (F) the Black Women’s Health Imperative; (G) the California Maternal Quality Care Collaborative; (H) EverThrive Illinois; (I) the Illinois Perinatal Quality Collaborative; (J) the March of Dimes; (K) the National Association of Certified Professional Midwives; (L) RH Impact: The Collaborative for Equity and Justice; (M) the National Partnership for Women & Families; (N) the National Polycystic Ovary Syndrome Association; (O) the Preeclampsia Foundation; (P) the Society for Maternal-Fetal Medicine; (Q) the What To Expect Project; (R) Tufts University School of Medicine Center for Black Maternal Health and Reproductive Justice. (S) the Shades of Blue Project; (T) the Maternal Mental Health Leadership Alliance; (U) the Tulane University Mary Amelia Center for Women’s Health Equity Research; (V) In Our Own Voice: National Black Women's Reproductive Justice Agenda; and (W) Physicians for Reproductive Health. (10) Hemorrhage, cardiovascular and coronary conditions, cardiomyopathy, infection or sepsis, embolism, mental health conditions (including substance use disorder), hypertensive disorders, stroke and cerebrovascular accidents, and anesthesia complications are the predominant medical causes of maternal-related deaths and complications. Most of these conditions are largely preventable or manageable. Even when these conditions are not preventable, mortality and morbidity may be prevented when conditions are diagnosed and treated in a timely manner. (11) According to a study published by the Journal of Perinatal Education, doula-assisted mothers are 4 times less likely to have a low-birthweight baby, 2 times less likely to experience a birth complication involving themselves or their baby, and significantly more likely to initiate breastfeeding and human lactation. Doula care has also been shown to produce cost savings resulting in part from reduced rates of cesarean and pre-term births. (12) Intimate partner violence is one of the leading causes of maternal death, and women are more likely to experience intimate partner violence during pregnancy than at any other time in their lives. It is also more dangerous than pregnancy. Intimate partner violence during pregnancy and postpartum crosses every demographic and has been exacerbated by the COVID–19 pandemic. (13) Oral health is an important part of perinatal health. Reducing bacteria in a woman’s mouth during pregnancy can significantly reduce her risk of developing oral diseases and spreading decay-causing bacteria to her baby. Moreover, some evidence suggests that women with periodontal disease during pregnancy could be at greater risk for poor birth outcomes, such as preeclampsia, pre-term birth, and low-birth weight. Furthermore, a woman’s oral health during pregnancy is a good predictor of her newborn’s oral health, and since mothers can unintentionally spread oral bacteria to their babies, putting their children at higher risk for tooth decay, prevention efforts should happen even before children are born, as a matter of pre-pregnancy health and prenatal care during pregnancy. (14) In the United States, death reporting and analysis is a State function rather than a Federal process. States report all deaths—including maternal deaths—on a semi-voluntary basis, without standardization across States. While the Centers for Disease Control and Prevention has the capacity and system for collecting death-related data based on death certificates, these data are not sufficiently reported by States in an organized and standard format across States such that the Centers for Disease Control and Prevention is able to identify causes of maternal death and best practices for the prevention of such death. (15) Vital statistics systems often underestimate maternal mortality and are insufficient data sources from which to derive a full scope of medical and social determinant factors contributing to maternal deaths, such as intimate partner violence. While the addition of pregnancy checkboxes on death certificates since 2003 have likely improved States’ abilities to identify pregnancy-related deaths, they are not generally completed by obstetric providers or persons trained to recognize pregnancy-related mortality. Thus, these vital forms may be missing information or may capture inconsistent data. Due to varying maternal mortality-related analyses, lack of reliability, and granularity in data, current maternal mortality informatics do not fully encapsulate the myriad medical and socially determinant factors that contribute to such high maternal mortality rates within the United States compared to other developed nations. Lack of standardization of data and data sharing across States and between Federal entities, health networks, and research institutions keep the Nation in the dark about ways to prevent maternal deaths. (16) Having reliable and valid State data aggregated at the Federal level are critical to the Nation’s ability to quell surges in maternal death and imperative for researchers to identify long-lasting interventions. (17) Leaders in maternal wellness highly recommend that maternal deaths and cases of maternal morbidity, including complications that result in chronic illness and future increased risk of death, be investigated at the State level first, and that standardized, streamlined, de-identified data regarding maternal deaths be sent annually to the Centers for Disease Control and Prevention. Such data standardization and collection would be similar in operation and effect to the National Program of Cancer Registries of the Centers for Disease Control and Prevention and akin to the Confidential Enquiry in Maternal Deaths Programme in the United Kingdom. Such a maternal mortalities and morbidities registry and surveillance system would help providers, academicians, lawmakers, and the public to address questions concerning the types of, causes of, and best practices to thwart, maternal mortality and morbidity. (18) The United Nations’ Millennium Development Goal 5a aimed to reduce by 75 percent, between 1990 and 2015, the maternal mortality rate, yet this metric has not been achieved. In fact, the maternal mortality rate in the United States has been estimated to have more than doubled between 2000 and 2014. (19) The United States has no comparable, coordinated Federal process by which to review cases of maternal mortality, systems failures, or best practices. The majority of States have active Maternal Mortality Review Committees (referred to in this section as MMRC ), which help leverage work to impact maternal wellness. For example, the State of California has worked extensively with their State health departments, health and hospital systems, and research collaborative organizations, including the California Maternal Quality Care Collaborative and the Alliance for Innovation on Maternal Health, to establish MMRCs, wherein such State has determined the most prevalent causes of maternal mortality and recorded and shared data with providers and researchers, who have developed and implemented safety bundles and care protocols related to preeclampsia, maternal hemorrhage, peripartum cardiomyopathy, and the like. In this way, the State of California has been able to leverage its maternal mortality review board system, generate data, and apply those data to effect changes in maternal care-related protocol. (20) Hospitals and health systems across the United States lack standardization of emergency obstetric protocols before, during, and after delivery. Consequently, many providers are delayed in recognizing critical signs indicating maternal distress that quickly escalate into fatal or near-fatal incidences. Moreover, any attempt to address an obstetric emergency that does not consider both clinical and public health approaches falls woefully under the mark of excellent care delivery. State-based perinatal quality collaboratives, or entities participating in the Alliance for Innovation on Maternal Health (AIM), have formed obstetric protocols, tool kits, and other resources to improve system care and response as they relate to maternal complications and warning signs for such conditions as maternal hemorrhage, hypertension, and preeclampsia. These perinatal quality collaboratives serve an important role in providing infrastructure that supports quality improvement efforts addressing obstetric care and outcomes. State-based perinatal quality collaboratives partner with hospitals, physicians, nurses, midwives, patients, public health, and other stakeholders to provide opportunities for collaborative learning, rapid response data, and quality improvement science support to achieve systems-level change. (21) The Centers for Disease Control and Prevention reports that 22 percent of deaths occurred during pregnancy, 25 percent occurred on the day of delivery or within 7 days after the day of delivery, and 53 percent occurred between 7 days and 1 year after the day of delivery. Yet, for women eligible for the Medicaid program on the basis of pregnancy in States without Medicaid postpartum extension, such Medicaid coverage lapses at the end of the month on which the 60th postpartum day lands. (22) The experience of serious traumatic events, such as being exposed to domestic violence, substance use disorder, or pervasive and systematic racism, can over-activate the body’s stress-response system. Known as toxic stress, the repetition of high-doses of cortisol to the brain, can harm healthy neurological development and other body systems, which can have cascading physical and mental health consequences, as documented in the Adverse Childhood Experiences study of the Centers for Disease Control and Prevention. (23) A growing body of evidence-based research has shown the correlation between the stress associated with systematic racism and one’s birthing outcomes. The undue stress of sex and race discrimination paired with institutional racism has been demonstrated to contribute to a higher risk of maternal mortality, irrespective of one’s gestational age, maternal age, socioeconomic status, educational level, geographic region, or individual-level health risk factors, including poverty, limited access to prenatal care, and poor physical and mental health (although these are not nominal factors). Black women remain the most at risk for pregnancy-associated or pregnancy-related causes of death. When it comes to preeclampsia, for example, for which obesity is a risk factor, Black women of normal weight remain at a higher at risk of dying during the perinatal period compared to non-Black obese women. (24) The rising maternal mortality rate in the United States is driven predominantly by the disproportionately high rates of Black maternal mortality. (25) Compared to women from other racial and ethnic demographics, Black women across the socioeconomic spectrum experience prolonged, unrelenting stress related to systematic racial and gender discrimination, contributing to higher rates of maternal mortality, giving birth to low-weight babies, and experiencing pre-term birth. Racism is a risk-factor for these aforementioned experiences. This cumulative stress, called weathering, often extends across the life course and is situated in everyday spaces where Black women establish livelihood. Systematic racism, structural barriers, lack of access to quality maternal health care, lack of access to nutritious food, and social determinants of health exacerbate Black women’s likelihood to experience poor or fatal birthing outcomes, but do not fully account for the great disparity. (26) Black women are twice as likely to experience postpartum depression, and disproportionately higher rates of preeclampsia compared to White women. (27) Racism is deeply ingrained in United States systems, including in health care delivery systems between patients and providers, often resulting in disparate treatment for pain, irreverence for cultural norms with respect to health, and dismissiveness. However, the provider pool is not primed with many people of color, nor are providers (whether maternity care clinicians or maternity care support personnel) consistently required to undergo implicit bias, cultural competency, respectful care practices, or empathy training on a consistent, on-going basis. (28) Women are not the only people who can become pregnant or give birth. Nonbinary, transgender, and gender-expansive people can also become pregnant. The terms birthing people or birthing persons are also used to describe pregnant or postpartum people in a way that is inclusive of individuals who experience gender beyond the binary. (29) Substance misuse among pregnant women, including the use of substances that are illegal or criminalized, misuse of prescribed medications, and binge drinking, has increased year after year for the past decade. Pregnant people with Substance Use Disorder, particularly those with opioids, amphetamines, and cocaine use disorders, are at greater risk of severe maternal morbidity, including conditions such as eclampsia, heart attack or failure, and sepsis. 3. Improving Federal efforts with respect to prevention of maternal mortality (a) Funding for State-Based perinatal quality collaboratives development and sustainability (1) In general Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary ), acting through the Division of Reproductive Health of the Centers for Disease Control and Prevention, shall establish a grant program to be known as the State-Based Perinatal Quality Collaborative grant program under which the Secretary awards grants to eligible entities for the purpose of development and sustainability of perinatal quality collaboratives in every State, the District of Columbia, and eligible territories, in order to measurably improve perinatal care and perinatal health outcomes for pregnant and postpartum women and their infants. (2) Grant amounts Grants awarded under this subsection shall be in amounts not to exceed $250,000 per year, for the duration of the grant period. (3) State-based perinatal quality collaborative defined For purposes of this subsection, the term State-based perinatal quality collaborative means a network of teams that— (A) is multidisciplinary in nature and includes the full range of perinatal and maternity care providers; (B) works to improve measurable outcomes for maternal and infant health by advancing evidence-informed clinical practices using quality improvement principles; (C) works with hospital-based or outpatient facility-based clinical teams, experts, and stakeholders, including patients and families, to spread best practices and optimize resources to improve perinatal care and outcomes; (D) employs strategies that include the use of the collaborative learning model to provide opportunities for hospitals and clinical teams to collaborate on improvement strategies, rapid-response data to provide timely feedback to hospital and other clinical teams to track progress, and quality improvement science to provide support and coaching to hospital and clinical teams; (E) has the goal of improving population-level outcomes in maternal and infant health; and (F) has the goal of improving outcomes of all birthing people, through the coordination, integration, and collaboration across birth settings. (4) Authorization of appropriations For purposes of carrying out this subsection, there is authorized to be appropriated $35,000,000 per year for each of fiscal years 2024 through 2028. (b) Expansion of Medicaid and CHIP coverage for pregnant and postpartum women (1) Requiring coverage of oral health services for pregnant and postpartum women (A) Medicaid Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (i) in subsection (a)(4)— (I) by striking ; and (D) and inserting ; (D) ; (II) by striking ; and (E) and inserting ; (E) ; (III) by striking ; and (F) and inserting ; (F) ; and (IV) by striking the semicolon at the end and inserting ; and (G) oral health services for pregnant and postpartum women (as defined in subsection (jj)); ; and (ii) by adding at the end the following new subsection: (jj) Oral health services for pregnant and postpartum women (1) In general For purposes of this title, the term oral health services for pregnant and postpartum women means dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions that are furnished to a woman during pregnancy (or during the 1-year period beginning on the last day of the pregnancy). (2) Coverage requirements To satisfy the requirement to provide oral health services for pregnant and postpartum women, a State shall, at a minimum, provide coverage for preventive, diagnostic, periodontal, and restorative care consistent with recommendations for perinatal oral health care and dental care during pregnancy from the American Academy of Pediatric Dentistry and the American College of Obstetricians and Gynecologists.. (B) CHIP Section 2103(c)(6) of the Social Security Act ( 42 U.S.C. 1397cc(c)(6) ) is amended— (i) in subparagraph (A)— (I) by inserting or a targeted low-income pregnant woman after targeted low-income child ; and (II) by inserting , and, in the case of a targeted low-income child who is pregnant or a targeted low-income pregnant woman, satisfy the coverage requirements specified in section 1905(jj) after emergency conditions ; and (ii) in subparagraph (B), by inserting (but only if, in the case of a targeted low-income child who is pregnant or a targeted low-income pregnant woman, the benchmark dental benefit package satisfies the coverage requirements specified in section 1905(jj)) after subparagraph (C). (2) Requiring 12-month continuous coverage of full benefits for pregnant and postpartum individuals under Medicaid and CHIP (A) Medicaid Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended— (i) in subsection (a)— (ii) in paragraph (86), by striking and at the end; (iii) in paragraph (87), by striking the period at the end and inserting ; and ; and (iv) by inserting after paragraph (87) the following new paragraph: (88) provide that the State plan is in compliance with subsection (e)(16). ; and (v) in subsection (e)(16)— (I) in subparagraph (A), by striking At the option of the State, the State plan (or waiver of such State plan) may provide and inserting A State plan (or waiver of such State plan) shall provide ; (II) in subparagraph (B), in the matter preceding clause (i), by striking by a State making an election under this paragraph and inserting under a State plan (or a waiver of such State plan) ; and (III) by striking subparagraph (C). (B) CHIP (i) In general Section 2107(e)(1)(J) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(J) ), as inserted by section 9822 of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), is amended to read as follows: (J) Paragraphs (5) and (16) of section 1902(e) (relating to the requirement to provide medical assistance under the State plan or waiver consisting of full benefits during pregnancy and throughout the 12-month postpartum period under title XIX).. (ii) Conforming Section 2112(d)(2)(A) of the Social Security Act ( 42 U.S.C. 1397ll(d)(2)(A) ) is amended by striking the month in which the 60-day period and all that follows through pursuant to section 2107(e)(1),. (3) Maintenance of effort (A) Medicaid Section 1902(l) of the Social Security Act ( 42 U.S.C. 1396a(l) ) is amended by adding at the end the following new paragraph: (5) During the period that begins on the date of enactment of this paragraph and ends on the date that is 5 years after such date of enactment, as a condition for receiving any Federal payments under section 1903(a) for calendar quarters occurring during such period, a State shall not have in effect, with respect to women who are eligible for medical assistance under the State plan or under a waiver of such plan on the basis of being pregnant or having been pregnant, eligibility standards, methodologies, or procedures under the State plan or waiver that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan or waiver that are in effect on the date of enactment of this paragraph.. (B) CHIP Section 2105(d) of the Social Security Act ( 42 U.S.C. 1397ee(d) ) is amended by adding at the end the following new paragraph: (4) In eligibility standards for targeted low-income pregnant women During the period that begins on the date of enactment of this paragraph and ends on the date that is 5 years after such date of enactment, as a condition of receiving payments under subsection (a) and section 1903(a), a State that elects to provide assistance to women on the basis of being pregnant (including pregnancy-related assistance provided to targeted low-income pregnant women (as defined in section 2112(d)), pregnancy-related assistance provided to women who are eligible for such assistance through application of section 1902(v)(4)(A)(i) under section 2107(e)(1), or any other assistance under the State child health plan (or a waiver of such plan) which is provided to women on the basis of being pregnant) shall not have in effect, with respect to such women, eligibility standards, methodologies, or procedures under such plan (or waiver) that are more restrictive than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) that are in effect on the date of enactment of this paragraph.. (4) Information on benefits The Secretary of Health and Human Services shall make publicly available on the internet website of the Department of Health and Human Services, information regarding benefits available to pregnant and postpartum women and under the Medicaid program and the Children's Health Insurance Program, including information on— (A) benefits that States are required to provide to pregnant and postpartum women under such programs; (B) optional benefits that States may provide to pregnant and postpartum women under such programs; and (C) the availability of different kinds of benefits for pregnant and postpartum women, including oral health and mental health benefits and breastfeeding services and supplies, under such programs. (5) Federal funding for cost of extended Medicaid and CHIP coverage for postpartum women (A) Medicaid Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by paragraph (1), is further amended by adding at the end the following: (kk) Increased FMAP for extended medical assistance for postpartum individuals (1) In general Notwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to amounts expended by such State for medical assistance for an individual who is eligible for such assistance on the basis of being pregnant or having been pregnant that is provided during the 305-day period that begins on the 60th day after the last day of the individual's pregnancy (including any such assistance provided during the month in which such period ends), shall be equal to— (A) during the first 20-quarter period for which this subsection is in effect with respect to a State, 100 percent; and (B) with respect to a State, during each quarter thereafter, 90 percent. (2) Exclusion from territorial caps Any payment made to a territory for expenditures for medical assistance for an individual described in paragraph (1) that is subject to the Federal medical assistance percentage specified under paragraph (1) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108.. (B) CHIP Section 2105(c) of the Social Security Act ( 42 U.S.C. 1397ee(c) ) is amended by adding at the end the following new paragraph: (13) Enhanced payment for extended assistance provided to pregnant women Notwithstanding subsection (b), the enhanced FMAP, with respect to payments under subsection (a) for expenditures under the State child health plan (or a waiver of such plan) for assistance provided under the plan (or waiver) to a woman who is eligible for such assistance on the basis of being pregnant (including pregnancy-related assistance provided to a targeted low-income pregnant woman (as defined in section 2112(d)), pregnancy-related assistance provided to a woman who is eligible for such assistance through application of section 1902(v)(4)(A)(i) under section 2107(e)(1), or any other assistance under the plan (or waiver) provided to a woman who is eligible for such assistance on the basis of being pregnant) during the 305-day period that begins on the 60th day after the last day of her pregnancy (including any such assistance provided during the month in which such period ends), shall be equal to— (A) during the first 20-quarter period for which this subsection is in effect with respect to a State, 100 percent; and (B) with respect to a State, during each quarter thereafter, 90 percent.. (6) Guidance on State options for Medicaid coverage of doula services Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidance for the States concerning options for Medicaid coverage and payment for support services provided by doulas. (7) Enhanced FMAP for rural obstetric and gynecological services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by paragraphs (1) and (5), is further amended— (A) in subsection (b), by striking and (ii) and inserting (ii), (jj), (kk), and (ll) ; and (B) by adding at the end the following new subsection: (ll) Increased FMAP for medical assistance for obstetric and gynecological services furnished at rural hospitals (1) In general Notwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to amounts expended by such State for medical assistance for obstetric or gynecological services that are furnished in a hospital that is located in a rural area (as defined for purposes of section 1886) shall be equal to 90 percent for each calendar quarter beginning with the first calendar quarter during which this subsection is in effect. (2) Exclusion from territorial caps Any payment made to a territory for expenditures for medical assistance described in paragraph (1) that is subject to the Federal medical assistance percentage specified under paragraph (1) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) of section 1108.. (8) Effective dates (A) In general Subject to subparagraphs (B) and (C)— (i) the amendments made by paragraphs (1), (2), and (5) shall take effect on the first day of the first calendar quarter that begins on or after the date that is 1 year after the date of enactment of this Act; (ii) the amendments made by paragraph (3) shall take effect on the date of enactment of this Act; and (iii) the amendments made by paragraph (7) shall take effect on the first day of the first calendar quarter that begins on or after the date of enactment of this Act. (B) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act or a State child health plan under title XXI of such Act that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this subsection, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement 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 shall be considered to be a separate regular session of the State legislature. (C) State option for earlier effective date A State may elect to have subsection (e)(16) of section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) and subparagraph (J) of section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ), as amended by paragraph (2), and subsection (kk) of section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) and paragraph (13) of section 2105(c) of the Social Security Act ( 42 U.S.C. 1397ee(c) ), as added by paragraph (5), take effect with respect to the State on the first day of any fiscal quarter that begins before the date described in subparagraph (A) and apply to amounts payable to the State for expenditures for medical assistance, child health assistance, or pregnancy-related assistance to pregnant or postpartum individuals furnished on or after such day. (c) Regional centers of excellence Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–8. Regional centers of excellence addressing implicit bias and cultural competency in patient-provider interactions education (a) In general Not later than one year after the date of enactment of this section, the Secretary, in consultation with such other agency heads as the Secretary determines appropriate, shall award cooperative agreements for the establishment or support of regional centers of excellence addressing implicit bias, cultural competency, and respectful care practices in patient-provider interactions education for the purpose of enhancing and improving how health care professionals are educated in implicit bias and delivering culturally competent health care. (b) Eligibility To be eligible to receive a cooperative agreement under subsection (a), an entity shall— (1) be a public or other nonprofit entity specified by the Secretary that provides educational and training opportunities for students and health care professionals, which may be a health system, teaching hospital, community health center, medical school, school of public health, school of nursing, dental school, social work school, school of professional psychology, or any other health professional school or program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965) focused on the prevention, treatment, or recovery of health conditions that contribute to maternal mortality and the prevention of maternal mortality and severe maternal morbidity; (2) demonstrate community engagement and participation, such as through partnerships with home visiting and case management programs or community-based organizations serving minority populations; (3) demonstrate engagement with groups engaged in the implementation of health care professional training in implicit bias and delivering culturally competent care, such as departments of public health, perinatal quality collaboratives, hospital systems, and health care professional groups, in order to obtain input on resources needed for effective implementation strategies; and (4) provide to the Secretary such information, at such time and in such manner, as the Secretary may require. (c) Diversity In awarding a cooperative agreement under subsection (a), the Secretary shall take into account any regional differences among eligible entities and make an effort to ensure geographic diversity among award recipients. (d) Dissemination of information (1) Public availability The Secretary shall make publicly available on the internet website of the Department of Health and Human Services information submitted to the Secretary under subsection (b)(3). (2) Evaluation The Secretary shall evaluate each regional center of excellence established or supported pursuant to subsection (a) and disseminate the findings resulting from each such evaluation to the appropriate public and private entities. (3) Distribution The Secretary shall share evaluations and overall findings with State departments of health and other relevant State level offices to inform State and local best practices. (e) Maternal mortality defined In this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy. (f) Authorization of appropriations For purposes of carrying out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028.. (d) Special supplemental nutrition program for women, infants, and children Section 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(ii) ) is amended— (1) by striking the clause designation and heading and all that follows through A State and inserting the following: (ii) Women (I) Breastfeeding women A State ; (2) in subclause (I) (as so designated), by striking 1 year and all that follows through earlier and inserting 2 years postpartum ; and (3) by adding at the end the following: (II) Postpartum women A State may elect to certify a postpartum woman for a period of 2 years.. (e) Definition of maternal mortality In this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy. 399V–8. Regional centers of excellence addressing implicit bias and cultural competency in patient-provider interactions education (a) In general Not later than one year after the date of enactment of this section, the Secretary, in consultation with such other agency heads as the Secretary determines appropriate, shall award cooperative agreements for the establishment or support of regional centers of excellence addressing implicit bias, cultural competency, and respectful care practices in patient-provider interactions education for the purpose of enhancing and improving how health care professionals are educated in implicit bias and delivering culturally competent health care. (b) Eligibility To be eligible to receive a cooperative agreement under subsection (a), an entity shall— (1) be a public or other nonprofit entity specified by the Secretary that provides educational and training opportunities for students and health care professionals, which may be a health system, teaching hospital, community health center, medical school, school of public health, school of nursing, dental school, social work school, school of professional psychology, or any other health professional school or program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965) focused on the prevention, treatment, or recovery of health conditions that contribute to maternal mortality and the prevention of maternal mortality and severe maternal morbidity; (2) demonstrate community engagement and participation, such as through partnerships with home visiting and case management programs or community-based organizations serving minority populations; (3) demonstrate engagement with groups engaged in the implementation of health care professional training in implicit bias and delivering culturally competent care, such as departments of public health, perinatal quality collaboratives, hospital systems, and health care professional groups, in order to obtain input on resources needed for effective implementation strategies; and (4) provide to the Secretary such information, at such time and in such manner, as the Secretary may require. (c) Diversity In awarding a cooperative agreement under subsection (a), the Secretary shall take into account any regional differences among eligible entities and make an effort to ensure geographic diversity among award recipients. (d) Dissemination of information (1) Public availability The Secretary shall make publicly available on the internet website of the Department of Health and Human Services information submitted to the Secretary under subsection (b)(3). (2) Evaluation The Secretary shall evaluate each regional center of excellence established or supported pursuant to subsection (a) and disseminate the findings resulting from each such evaluation to the appropriate public and private entities. (3) Distribution The Secretary shall share evaluations and overall findings with State departments of health and other relevant State level offices to inform State and local best practices. (e) Maternal mortality defined In this section, the term maternal mortality means death of a woman that occurs during pregnancy or within the one-year period following the end of such pregnancy. (f) Authorization of appropriations For purposes of carrying out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028. 4. Full spectrum doula workforce (a) In general The Secretary of Health and Human Services shall establish and implement a program to award grants or contracts to health professions schools, schools of public health, academic health centers, State or local governments, territories, Indian Tribes and Tribal organizations, Urban Indian organizations, Native Hawaiian organizations, community-based organizations, or other appropriate public or private nonprofit entities (or consortia of any such entities, including entities promoting multidisciplinary approaches), to establish or expand programs to grow and diversify the doula workforce, including through improving the capacity and supply of health care providers. (b) Use of funds Amounts made available by subsection (a) shall be used for the following activities: (1) Establishing programs that provide education and training to individuals seeking appropriate training or certification as full spectrum doulas. (2) Expanding the capacity of existing programs described in paragraph (1), for the purpose of increasing the number of students enrolled in such programs, including by awarding scholarships for students who agree to work in underserved communities after receiving such education and training. (3) Developing and implementing strategies to recruit and retain students from underserved communities, particularly from demographic groups experiencing high rates of maternal mortality and severe maternal morbidity, including racial and ethnic minority groups, into programs described in paragraphs (1) and (2). (c) Funding In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until expended, for carrying out this section. 5. Grants for rural obstetric mobile health units Part B of title III of the Public Health Service Act ( 42 U.S.C. 243 et seq. ) is amended by adding at the end the following: 320C. Grants for rural obstetric mobile health units (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the Secretary ), shall establish a pilot program under which the Secretary shall make grants to States— (1) to purchase and equip rural mobile health units for the purpose of providing pre-conception, pregnancy, postpartum, and obstetric emergency services in rural and underserved communities; (2) to train providers including obstetrician-gynecologists, certified nurse-midwives, nurse practitioners, nurses, and midwives to operate and provide obstetric services, including training and planning for obstetric emergencies, in such mobile health units; and (3) to address access issues, including social determinants of health and wrap-around clinical and community services including nutrition, housing, lactation services, and transportation support and referrals. (b) No sharing of data with law enforcement As a condition of receiving a grant under this section, a State shall submit to the Secretary an assurance that the State will not make available to Federal or State law enforcement any personally identifiable information regarding any pregnant or postpartum individual collected pursuant to such grant. (c) Grant duration The period of a grant under this section shall not exceed 5 years. (d) Implementing and reporting (1) In general States that receive pilot grants under this section shall be responsible for— (A) implementing the program funded by the pilot grants; and (B) not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, submitting a report containing the results of such program to the Secretary, including— (i) relevant information and relevant quantitative indicators of the programs’ success in improving the standard of care and maternal health outcomes for individuals in rural and underserved communities seen for pre-conception, pregnancy, or postpartum visits in the rural mobile health units, stratified by the categories of data specified in paragraph (2); (ii) relevant qualitative evaluations from individuals receiving pre-conception, pregnant, or postpartum care from rural mobile health units, including measures of patient-reported experience of care and measures of patient-reported issues with access to care without the rural mobile health unit pilot; and (iii) strategies to sustain such programs beyond the duration of the grant and expand such programs to other rural and underserved communities. (2) Categories of data The categories of data specified in this paragraph are the following: (A) Race, ethnicity, sex, gender, gender identity, primary language, age, geography, disability status, and insurance status. (B) Number of visits provided for preconception, prenatal, or postpartum care. (C) Number of repeat visits provided for preconception, prenatal, or postpartum care. (D) Number of screenings or tests provided for smoking, substance use, hypertension, sexually-transmitted diseases, diabetes, HIV, depression, intimate partner violence, pap smears, and pregnancy. (3) Data privacy protection The reports referred to in paragraph (1)(B) shall not contain any personally identifiable information regarding any pregnant or postpartum individual. (e) Evaluation The Secretary shall conduct an evaluation of the pilot program under this section to determine the impact of the pilot program with respect to— (1) the effectiveness of the grants awarded under this section to improve maternal health outcomes in rural and underserved communities, with data stratified by race, ethnicity, primary language, socioeconomic status, geography, insurance type, and other factors as the Secretary determines appropriate; (2) spending on maternity care by States participating in the pilot program; (3) to the extent practicable, qualitative, and quantitative measures of patient experience; and (4) any other areas of assessment that the Secretary determines relevant. (f) Report Not later than one year after the completion of the pilot program under this section, the Secretary shall submit to the Congress, and make publicly available, a report containing— (1) the results of any evaluation conducted under subsection (e); and (2) a recommendation regarding whether the pilot program should be continued after fiscal year 2028 and expanded on a national basis. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2024 through 2028.. 320C. Grants for rural obstetric mobile health units (a) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the Secretary ), shall establish a pilot program under which the Secretary shall make grants to States— (1) to purchase and equip rural mobile health units for the purpose of providing pre-conception, pregnancy, postpartum, and obstetric emergency services in rural and underserved communities; (2) to train providers including obstetrician-gynecologists, certified nurse-midwives, nurse practitioners, nurses, and midwives to operate and provide obstetric services, including training and planning for obstetric emergencies, in such mobile health units; and (3) to address access issues, including social determinants of health and wrap-around clinical and community services including nutrition, housing, lactation services, and transportation support and referrals. (b) No sharing of data with law enforcement As a condition of receiving a grant under this section, a State shall submit to the Secretary an assurance that the State will not make available to Federal or State law enforcement any personally identifiable information regarding any pregnant or postpartum individual collected pursuant to such grant. (c) Grant duration The period of a grant under this section shall not exceed 5 years. (d) Implementing and reporting (1) In general States that receive pilot grants under this section shall be responsible for— (A) implementing the program funded by the pilot grants; and (B) not later than 3 years after the date of enactment of this Act, and 6 years after the date of enactment of this Act, submitting a report containing the results of such program to the Secretary, including— (i) relevant information and relevant quantitative indicators of the programs’ success in improving the standard of care and maternal health outcomes for individuals in rural and underserved communities seen for pre-conception, pregnancy, or postpartum visits in the rural mobile health units, stratified by the categories of data specified in paragraph (2); (ii) relevant qualitative evaluations from individuals receiving pre-conception, pregnant, or postpartum care from rural mobile health units, including measures of patient-reported experience of care and measures of patient-reported issues with access to care without the rural mobile health unit pilot; and (iii) strategies to sustain such programs beyond the duration of the grant and expand such programs to other rural and underserved communities. (2) Categories of data The categories of data specified in this paragraph are the following: (A) Race, ethnicity, sex, gender, gender identity, primary language, age, geography, disability status, and insurance status. (B) Number of visits provided for preconception, prenatal, or postpartum care. (C) Number of repeat visits provided for preconception, prenatal, or postpartum care. (D) Number of screenings or tests provided for smoking, substance use, hypertension, sexually-transmitted diseases, diabetes, HIV, depression, intimate partner violence, pap smears, and pregnancy. (3) Data privacy protection The reports referred to in paragraph (1)(B) shall not contain any personally identifiable information regarding any pregnant or postpartum individual. (e) Evaluation The Secretary shall conduct an evaluation of the pilot program under this section to determine the impact of the pilot program with respect to— (1) the effectiveness of the grants awarded under this section to improve maternal health outcomes in rural and underserved communities, with data stratified by race, ethnicity, primary language, socioeconomic status, geography, insurance type, and other factors as the Secretary determines appropriate; (2) spending on maternity care by States participating in the pilot program; (3) to the extent practicable, qualitative, and quantitative measures of patient experience; and (4) any other areas of assessment that the Secretary determines relevant. (f) Report Not later than one year after the completion of the pilot program under this section, the Secretary shall submit to the Congress, and make publicly available, a report containing— (1) the results of any evaluation conducted under subsection (e); and (2) a recommendation regarding whether the pilot program should be continued after fiscal year 2028 and expanded on a national basis. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2024 through 2028. 6. Requiring notification of impending hospital obstetric unit closure Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— (1) in subparagraph (X), by striking and at the end; (2) in subparagraph (Y)(ii)(V), by striking the period and inserting , and ; and (3) by inserting after subparagraph (Y) the following new subparagraph: (Z) beginning 180 days after the date of the enactment of this subparagraph, in the case of a hospital, not less than 90 days prior to the closure of any obstetric unit of the hospital, to submit to the Secretary a notification which shall include— (i) a report analyzing the impact the closure will have on the community; (ii) steps the hospital will take to identify other health care providers that can alleviate any service gaps as a result of the closure; and (iii) any additional information as may be required by the Secretary.. 7. Report on maternal health needs (a) In general Not later than 24 months after the date of enactment of this Act, the Secretary of Health and Human Services shall prepare, and submit to the Congress, a report on— (1) where the maternal health needs are greatest in the United States; and (2) the Federal expenditures made to address such needs. (b) Period covered The report under subsection (a) shall cover the period of 2000 through 2022. (c) Contents The report under subsection (a) shall include analysis of the following: (1) How Federal funds provided to States for maternal health were distributed across regions, States, and localities or counties. (2) Barriers to applying for and receiving Federal funds for maternal health, including with respect to initial applications— (A) requirements for submission in partnership with other entities; and (B) stringent network requirements. (3) Why applicants did not receive funding, including limited availability of funds, the strength of the respective applications, and failure to adhere to requirements. (d) Disaggregation of data The report under subsection (a) shall disaggregate data on mothers served by race, ethnicity, insurance status, and language spoken. 8. Increasing excise taxes on cigarettes and establishing excise tax equity among all tobacco product tax rates (a) Tax parity for Roll-Your-Own tobacco Section 5701(g) of the Internal Revenue Code of 1986 is amended by striking $24.78 and inserting $49.56. (b) Tax parity for pipe tobacco Section 5701(f) of the Internal Revenue Code of 1986 is amended by striking $2.8311 cents and inserting $49.56. (c) Tax parity for smokeless tobacco (1) Section 5701(e) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1), by striking $1.51 and inserting $26.84 ; (B) in paragraph (2), by striking 50.33 cents and inserting $10.74 ; and (C) by adding at the end the following: (3) Smokeless tobacco sold in discrete single-use units On discrete single-use units, $100.66 per thousand.. (2) Section 5702(m) of such Code is amended— (A) in paragraph (1), by striking or chewing tobacco and inserting , chewing tobacco, or discrete single-use unit ; (B) in paragraphs (2) and (3), by inserting that is not a discrete single-use unit before the period in each such paragraph; and (C) by adding at the end the following: (4) Discrete single-use unit The term discrete single-use unit means any product containing, made from, or derived from tobacco or nicotine that— (A) is not intended to be smoked; and (B) is in the form of a lozenge, tablet, pill, pouch, dissolvable strip, or other discrete single-use or single-dose unit.. (d) Tax parity for small cigars Paragraph (1) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking $50.33 and inserting $100.66. (e) Tax parity for large cigars (1) In general Paragraph (2) of section 5701(a) of the Internal Revenue Code of 1986 is amended by striking 52.75 percent and all that follows through the period and inserting the following: $49.56 per pound and a proportionate tax at the like rate on all fractional parts of a pound but not less than 10.066 cents per cigar.. (2) Guidance The Secretary of the Treasury, or the Secretary's delegate, may issue guidance regarding the appropriate method for determining the weight of large cigars for purposes of calculating the applicable tax under section 5701(a)(2) of the Internal Revenue Code of 1986. (3) Conforming amendment Section 5702 of such Code is amended by striking subsection (l). (f) Tax parity for Roll-Your-Own tobacco and certain processed tobacco Subsection (o) of section 5702 of the Internal Revenue Code of 1986 is amended by inserting , and includes processed tobacco that is removed for delivery or delivered to a person other than a person with a permit provided under section 5713, but does not include removals of processed tobacco for exportation after wrappers thereof. (g) Clarifying tax rate for other tobacco products (1) In general Section 5701 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Other tobacco products Any product not otherwise described under this section that has been determined to be a tobacco product by the Food and Drug Administration through its authorities under the Family Smoking Prevention and Tobacco Control Act shall be taxed at a level of tax equivalent to the tax rate for cigarettes on an estimated per use basis as determined by the Secretary.. (2) Establishing per use basis For purposes of section 5701(i) of the Internal Revenue Code of 1986, not later than 12 months after the later of the date of the enactment of this Act or the date that a product has been determined to be a tobacco product by the Food and Drug Administration, the Secretary of the Treasury (or the Secretary of the Treasury's delegate) shall issue final regulations establishing the level of tax for such product that is equivalent to the tax rate for cigarettes on an estimated per use basis. (h) Clarifying definition of tobacco products (1) In general Subsection (c) of section 5702 of the Internal Revenue Code of 1986 is amended to read as follows: (c) Tobacco products The term tobacco products means— (1) cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco, and (2) any other product subject to tax pursuant to section 5701(i).. (2) Conforming amendments Subsection (d) of section 5702 of such Code is amended by striking cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco each place it appears and inserting tobacco products. (i) Increasing tax on cigarettes (1) Small cigarettes Section 5701(b)(1) of such Code is amended by striking $50.33 and inserting $100.66. (2) Large cigarettes Section 5701(b)(2) of such Code is amended by striking $105.69 and inserting $211.38. (j) Tax rates adjusted for inflation Section 5701 of such Code, as amended by subsection (g), is amended by adding at the end the following new subsection: (j) Inflation adjustment (1) In general In the case of any calendar year beginning after 2023, the dollar amounts provided under this chapter shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting ‘calendar year 2022’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. (2) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $0.01, such amount shall be rounded to the next highest multiple of $0.01.. (k) Floor Stocks Taxes (1) Imposition of tax On tobacco products manufactured in or imported into the United States which are removed before any tax increase date and held on such date for sale by any person, there is hereby imposed a tax in an amount equal to the excess of— (A) the tax which would be imposed under section 5701 of the Internal Revenue Code of 1986 on the article if the article had been removed on such date, over (B) the prior tax (if any) imposed under section 5701 of such Code on such article. (2) Credit against tax Each person shall be allowed as a credit against the taxes imposed by paragraph (1) an amount equal to the lesser of $1,000 or the amount of such taxes. For purposes of the preceding sentence, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 person for purposes of this paragraph. (3) Liability for tax and method of payment (A) Liability for tax A person holding tobacco products on any tax increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment The tax imposed by paragraph (1) shall be paid in such manner as the Secretary shall prescribe by regulations. (C) Time for payment The tax imposed by paragraph (1) shall be paid on or before the date that is 120 days after the effective date of the tax rate increase. (4) Articles in foreign trade zones Notwithstanding the Act of June 18, 1934 (commonly known as the Foreign Trade Zone Act, 48 Stat. 998, 19 U.S.C. 81a et seq. ), or any other provision of law, any article which is located in a foreign trade zone on any tax increase date shall be subject to the tax imposed by paragraph (1) if— (A) internal revenue taxes have been determined, or customs duties liquidated, with respect to such article before such date pursuant to a request made under the first proviso of section 3(a) of such Act, or (B) such article is held on such date under the supervision of an officer of the United States Customs and Border Protection of the Department of Homeland Security pursuant to the second proviso of such section 3(a). (5) Definitions For purposes of this subsection— (A) In general Any term used in this subsection which is also used in section 5702 of such Code shall have the same meaning as such term has in such section. (B) Tax increase date The term tax increase date means the effective date of any increase in any tobacco product excise tax rate pursuant to the amendments made by this section (other than subsection (j) thereof). (C) Secretary The term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (6) Controlled groups Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (7) Other laws applicable All provisions of law, including penalties, applicable with respect to the taxes imposed by section 5701 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 5701. The Secretary may treat any person who bore the ultimate burden of the tax imposed by paragraph (1) as the person to whom a credit or refund under such provisions may be allowed or made. (l) Effective dates (1) In general Except as provided in paragraphs (2) and (3), the amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the last day of the month which includes the date of the enactment of this Act. (2) Discrete single-use units, large cigars, and processed tobacco The amendments made by subsections (c)(1)(C), (c)(2), (e), and (f) shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date that is 6 months after the date of the enactment of this Act. (3) Other tobacco products The amendments made by subsection (g)(1) shall apply to products removed after the last day of the month which includes the date that the Secretary of the Treasury (or the Secretary of the Treasury's delegate) issues final regulations establishing the level of tax for such product.
63,813
[ "Energy and Commerce Committee", "Ways and Means Committee", "Education and the Workforce Committee" ]
118hr4254ih
118
hr
4,254
ih
To prohibit United States contributions to international organizations that advocate for sexual activity by persons who are younger than the domestically prescribed minimum age of consent.
[ { "text": "1. Prohibition against United States contributions to international organizations that advocate for sexual activity among minors \nChapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended by inserting after section 113 the following: 114. Prohibition against United States contributions to international organizations that advocate for sexual activity among minors \nNotwithstanding any other provision of law, no assistance may be provided under this part to— (1) any international organization that supports, advocates for, or seeks to decriminalize sexual relations or sexual conduct by persons who are younger than the minimum age of consent (as defined by the national government of the country in which such persons reside), or condemns laws prohibiting such behavior; or (2) any entity or organization that— (A) supports or advocates for the belief that sexual activity involving persons below the domestically prescribed minimum age of consent to sex may be consensual in fact even when it is not consensual under law; or (B) opposes any statute that recognizes that persons below the prescribed age of consent do not have the capacity to engage in consensual sex under any circumstance..", "id": "HAFBFC38BDADC4376AFA7F3C7057E2A70", "header": "Prohibition against United States contributions to international organizations that advocate for sexual activity among minors", "nested": [], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "114. Prohibition against United States contributions to international organizations that advocate for sexual activity among minors \nNotwithstanding any other provision of law, no assistance may be provided under this part to— (1) any international organization that supports, advocates for, or seeks to decriminalize sexual relations or sexual conduct by persons who are younger than the minimum age of consent (as defined by the national government of the country in which such persons reside), or condemns laws prohibiting such behavior; or (2) any entity or organization that— (A) supports or advocates for the belief that sexual activity involving persons below the domestically prescribed minimum age of consent to sex may be consensual in fact even when it is not consensual under law; or (B) opposes any statute that recognizes that persons below the prescribed age of consent do not have the capacity to engage in consensual sex under any circumstance.", "id": "HB1486B90E1C5446694B9137CDEAD3ED2", "header": "Prohibition against United States contributions to international organizations that advocate for sexual activity among minors", "nested": [], "links": [] } ]
2
1. Prohibition against United States contributions to international organizations that advocate for sexual activity among minors Chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended by inserting after section 113 the following: 114. Prohibition against United States contributions to international organizations that advocate for sexual activity among minors Notwithstanding any other provision of law, no assistance may be provided under this part to— (1) any international organization that supports, advocates for, or seeks to decriminalize sexual relations or sexual conduct by persons who are younger than the minimum age of consent (as defined by the national government of the country in which such persons reside), or condemns laws prohibiting such behavior; or (2) any entity or organization that— (A) supports or advocates for the belief that sexual activity involving persons below the domestically prescribed minimum age of consent to sex may be consensual in fact even when it is not consensual under law; or (B) opposes any statute that recognizes that persons below the prescribed age of consent do not have the capacity to engage in consensual sex under any circumstance.. 114. Prohibition against United States contributions to international organizations that advocate for sexual activity among minors Notwithstanding any other provision of law, no assistance may be provided under this part to— (1) any international organization that supports, advocates for, or seeks to decriminalize sexual relations or sexual conduct by persons who are younger than the minimum age of consent (as defined by the national government of the country in which such persons reside), or condemns laws prohibiting such behavior; or (2) any entity or organization that— (A) supports or advocates for the belief that sexual activity involving persons below the domestically prescribed minimum age of consent to sex may be consensual in fact even when it is not consensual under law; or (B) opposes any statute that recognizes that persons below the prescribed age of consent do not have the capacity to engage in consensual sex under any circumstance.
2,194
[ "Foreign Affairs Committee" ]
118hr7711ih
118
hr
7,711
ih
To amend title XVIII of the Social Security Act to make permanent certain telehealth flexibilities under the Medicare program.
[ { "text": "1. Short title \nThis Act may be cited as the Advancing Access to Telehealth Act.", "id": "HA840061D7AD64EFCB7D43973B0867711", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Making permanent certain telehealth flexibilities under Medicare \n(a) Expanded access to telehealth services \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (2)(B)(iii), by striking In the case that and all that follows through ending December 31, 2024, and inserting With respect to telehealth services that are furnished on or after the first day of the emergency period described in section 1135(g)(1)(B), ; and (2) in paragraph (4)(C)(iii), by striking In the case that and all that follows through ending on December 31, 2024, and inserting With respect to telehealth services that are furnished on or after the first day of the emergency period described in section 1135(g)(1)(B),. (b) Expansion of practitioners eligible To furnish telehealth services \nSection 1834(m)(4)(E) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(E) ) is amended by striking in the case that and all that follows through ending on December 31, 2024, and inserting beginning on the first day of the emergency period described in section 1135(g)(1)(B),. (c) Extension of telehealth services furnished by Federally qualified health centers and rural health clinics \nSection 1834(m)(8)(A) of the Social Security Act ( 42 U.S.C. 1395m(m)(8)(A) ) is amended by striking During the emergency and all that follows through ending on December 31, 2024 and inserting Beginning on the first day of the emergency period described in section 1135(g)(1)(B). (d) Treatment of telehealth services furnished using audio-Only telecommunications technology \nSection 1834(m)(9) of the Social Security Act ( 42 U.S.C. 1395m(m)(9) ) is amended— (1) by striking In the case that and all that follows through the Secretary shall continue to and inserting The Secretary shall ; (2) by striking identified in paragraph (4)(F)(i) as of the date of the enactment of this paragraph ; and (3) by striking during the period and all that follows through the period at the end and inserting on or after the first day of the emergency period described in section 1135(g)(1)(B).. (e) Elimination of in-Person requirements under Medicare for certain services furnished through telehealth \n(1) Home dialysis monthly ESRD-related visit; stroke telehealth services; substance use disorder services and mental health services \n(A) In general \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by striking paragraphs (5) through (7) and redesignating paragraphs (8) and (9) as paragraphs (5) and (6), accordingly. (B) Conforming changes \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (i) in paragraph (1), by striking Subject to paragraphs (8) and (9) and inserting Subject to paragraphs (5) and (6) ; (ii) in paragraph (2)— (I) in subparagraph (A), by striking Subject to paragraph (8) and inserting Subject to paragraph (5) ; and (II) in subparagraph (B), by striking and paragraph (6)(C) ; and (iii) in paragraph (4)— (I) in subparagraph (A), by striking Subject to paragraph (8) and inserting Subject to paragraph (5) ; (II) in subparagraph (C)— (aa) in clause (i), by striking and paragraphs (5), (6), and (7) ; and (bb) in clause (ii)(X), by striking or telehealth services described in paragraph (7) ; and (III) in subparagraph (F), by striking Subject to paragraph (8) and inserting Subject to paragraph (5). (2) Mental health visits furnished by Federally qualified health centers \nSection 1834(o)(4)(B) of the Social Security Act ( 42 U.S.C. 1395m(o)(4)(B) ) is amended by striking prior to and all that follows through described in section 1135(g)(1)(B)). (3) Mental health visits furnished by rural health clinics \nSection 1834(y)(2) of the Social Security Act ( 42 U.S.C. 1395m(y)(2) ) is amended by striking prior to and all that follows through described in section 1135(g)(1)(B)).", "id": "H0AE2BB2BA0B04045A90F699E984E7D84", "header": "Making permanent certain telehealth flexibilities under Medicare", "nested": [ { "text": "(a) Expanded access to telehealth services \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (2)(B)(iii), by striking In the case that and all that follows through ending December 31, 2024, and inserting With respect to telehealth services that are furnished on or after the first day of the emergency period described in section 1135(g)(1)(B), ; and (2) in paragraph (4)(C)(iii), by striking In the case that and all that follows through ending on December 31, 2024, and inserting With respect to telehealth services that are furnished on or after the first day of the emergency period described in section 1135(g)(1)(B),.", "id": "H16B94769A17B405D93878CB41F198398", "header": "Expanded access to telehealth services", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(b) Expansion of practitioners eligible To furnish telehealth services \nSection 1834(m)(4)(E) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(E) ) is amended by striking in the case that and all that follows through ending on December 31, 2024, and inserting beginning on the first day of the emergency period described in section 1135(g)(1)(B),.", "id": "H94884E9508F6423A8C1E0F9820DED9D7", "header": "Expansion of practitioners eligible To furnish telehealth services", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(4)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(c) Extension of telehealth services furnished by Federally qualified health centers and rural health clinics \nSection 1834(m)(8)(A) of the Social Security Act ( 42 U.S.C. 1395m(m)(8)(A) ) is amended by striking During the emergency and all that follows through ending on December 31, 2024 and inserting Beginning on the first day of the emergency period described in section 1135(g)(1)(B).", "id": "H6EEE472917F24263AD2DE6E71C230127", "header": "Extension of telehealth services furnished by Federally qualified health centers and rural health clinics", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(d) Treatment of telehealth services furnished using audio-Only telecommunications technology \nSection 1834(m)(9) of the Social Security Act ( 42 U.S.C. 1395m(m)(9) ) is amended— (1) by striking In the case that and all that follows through the Secretary shall continue to and inserting The Secretary shall ; (2) by striking identified in paragraph (4)(F)(i) as of the date of the enactment of this paragraph ; and (3) by striking during the period and all that follows through the period at the end and inserting on or after the first day of the emergency period described in section 1135(g)(1)(B)..", "id": "H11422F0A1F874075B15DF2CE46295D63", "header": "Treatment of telehealth services furnished using audio-Only telecommunications technology", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(9)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(e) Elimination of in-Person requirements under Medicare for certain services furnished through telehealth \n(1) Home dialysis monthly ESRD-related visit; stroke telehealth services; substance use disorder services and mental health services \n(A) In general \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by striking paragraphs (5) through (7) and redesignating paragraphs (8) and (9) as paragraphs (5) and (6), accordingly. (B) Conforming changes \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (i) in paragraph (1), by striking Subject to paragraphs (8) and (9) and inserting Subject to paragraphs (5) and (6) ; (ii) in paragraph (2)— (I) in subparagraph (A), by striking Subject to paragraph (8) and inserting Subject to paragraph (5) ; and (II) in subparagraph (B), by striking and paragraph (6)(C) ; and (iii) in paragraph (4)— (I) in subparagraph (A), by striking Subject to paragraph (8) and inserting Subject to paragraph (5) ; (II) in subparagraph (C)— (aa) in clause (i), by striking and paragraphs (5), (6), and (7) ; and (bb) in clause (ii)(X), by striking or telehealth services described in paragraph (7) ; and (III) in subparagraph (F), by striking Subject to paragraph (8) and inserting Subject to paragraph (5). (2) Mental health visits furnished by Federally qualified health centers \nSection 1834(o)(4)(B) of the Social Security Act ( 42 U.S.C. 1395m(o)(4)(B) ) is amended by striking prior to and all that follows through described in section 1135(g)(1)(B)). (3) Mental health visits furnished by rural health clinics \nSection 1834(y)(2) of the Social Security Act ( 42 U.S.C. 1395m(y)(2) ) is amended by striking prior to and all that follows through described in section 1135(g)(1)(B)).", "id": "H3B2C21A165C14F238DD8A4F70B57D514", "header": "Elimination of in-Person requirements under Medicare for certain services furnished through telehealth", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(o)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(y)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)(4)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)(8)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)(9)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(o)(4)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m(y)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ]
2
1. Short title This Act may be cited as the Advancing Access to Telehealth Act. 2. Making permanent certain telehealth flexibilities under Medicare (a) Expanded access to telehealth services Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (2)(B)(iii), by striking In the case that and all that follows through ending December 31, 2024, and inserting With respect to telehealth services that are furnished on or after the first day of the emergency period described in section 1135(g)(1)(B), ; and (2) in paragraph (4)(C)(iii), by striking In the case that and all that follows through ending on December 31, 2024, and inserting With respect to telehealth services that are furnished on or after the first day of the emergency period described in section 1135(g)(1)(B),. (b) Expansion of practitioners eligible To furnish telehealth services Section 1834(m)(4)(E) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(E) ) is amended by striking in the case that and all that follows through ending on December 31, 2024, and inserting beginning on the first day of the emergency period described in section 1135(g)(1)(B),. (c) Extension of telehealth services furnished by Federally qualified health centers and rural health clinics Section 1834(m)(8)(A) of the Social Security Act ( 42 U.S.C. 1395m(m)(8)(A) ) is amended by striking During the emergency and all that follows through ending on December 31, 2024 and inserting Beginning on the first day of the emergency period described in section 1135(g)(1)(B). (d) Treatment of telehealth services furnished using audio-Only telecommunications technology Section 1834(m)(9) of the Social Security Act ( 42 U.S.C. 1395m(m)(9) ) is amended— (1) by striking In the case that and all that follows through the Secretary shall continue to and inserting The Secretary shall ; (2) by striking identified in paragraph (4)(F)(i) as of the date of the enactment of this paragraph ; and (3) by striking during the period and all that follows through the period at the end and inserting on or after the first day of the emergency period described in section 1135(g)(1)(B).. (e) Elimination of in-Person requirements under Medicare for certain services furnished through telehealth (1) Home dialysis monthly ESRD-related visit; stroke telehealth services; substance use disorder services and mental health services (A) In general Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by striking paragraphs (5) through (7) and redesignating paragraphs (8) and (9) as paragraphs (5) and (6), accordingly. (B) Conforming changes Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (i) in paragraph (1), by striking Subject to paragraphs (8) and (9) and inserting Subject to paragraphs (5) and (6) ; (ii) in paragraph (2)— (I) in subparagraph (A), by striking Subject to paragraph (8) and inserting Subject to paragraph (5) ; and (II) in subparagraph (B), by striking and paragraph (6)(C) ; and (iii) in paragraph (4)— (I) in subparagraph (A), by striking Subject to paragraph (8) and inserting Subject to paragraph (5) ; (II) in subparagraph (C)— (aa) in clause (i), by striking and paragraphs (5), (6), and (7) ; and (bb) in clause (ii)(X), by striking or telehealth services described in paragraph (7) ; and (III) in subparagraph (F), by striking Subject to paragraph (8) and inserting Subject to paragraph (5). (2) Mental health visits furnished by Federally qualified health centers Section 1834(o)(4)(B) of the Social Security Act ( 42 U.S.C. 1395m(o)(4)(B) ) is amended by striking prior to and all that follows through described in section 1135(g)(1)(B)). (3) Mental health visits furnished by rural health clinics Section 1834(y)(2) of the Social Security Act ( 42 U.S.C. 1395m(y)(2) ) is amended by striking prior to and all that follows through described in section 1135(g)(1)(B)).
3,931
[ "Ways and Means Committee", "Energy and Commerce Committee" ]
118hr3640ih
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To amend the Congressional Budget and Impoundment Control Act of 1974 to require the Congressional Budget Office to provide an inflation estimate with respect to direct spending legislation with a significant impact on the Gross Domestic Product of the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Informed Lawmaking to Combat Inflation Act.", "id": "HFEB54898BE1346648519ADB853A895DE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Legislative mandated inflation accountability and reform \n(a) In general \nPart A of title IV of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following: 407. Mandatory inflation forecasting \n(a) Definitions \nIn this section— (1) the term Director means the Director of the Congressional Budget Office; and (2) the term major legislation means any bill or joint resolution, or amendment thereto or conference report thereon, that provides for direct spending and would be projected (in a conventional cost estimate) to cause an annual gross budgetary effect of at least 0.25 percent of projected Gross Domestic Product of the United States, but does not include any such measure that— (A) provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government; or (B) is necessary for the national security or the ratification or implementation of international treaty obligations. (b) Agency assistance \nEach department, agency, establishment, or regulatory agency or commission, shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in carrying out this section. (c) Mandatory inflation forecasting \n(1) Submission of bills to the director \nOn the date that a committee of authorization of the Senate or the House of Representatives orders reported major legislation, the committee shall promptly provide the legislation to the Director for the purpose of carrying out responsibilities detailed in paragraph (2). (2) Mandatory reporting on inflationary forecasting \nFor any major legislation provided to the Director under paragraph (1), the Director shall prepare and submit to the applicable committee a statement estimating the inflationary effects of the legislation, including whether the legislation is determined to have no significant impact on inflation, is determined to have quantifiable inflationary impact on the consumer price index, or is determined likely to have a significant impact on inflation but the amount cannot be determined at the time the estimate is prepared. (3) Amended bills and joint resolutions; conference reports \nIf a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form constitutes major legislation not previously considered by either House, then the chair of the committee that reported the bill or joint resolution or any other committee chair designated by the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be), or the committee of conference, respectively, shall ensure to the greatest extent practicable that the Director shall prepare a statement as provided in paragraph (2) or a supplemental statement for the bill or joint resolution in that amended form. (d) Legislation subject to point of order \nIt shall not be in order in the Senate or the House of Representatives to consider any major legislation reported by a committee unless the committee has published a statement of the Director in accordance with this section. (e) Provisions relating to the House of Representatives \n(1) Enforcement \nIt shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (d). (2) Disposition of points of order \n(A) Application to the house of representatives \nThis paragraph shall apply only to the House of Representatives. (B) Threshold burden \nIn order to be cognizable by the Chair, a point of order under subsection (d) or paragraph (1) of this subsection must specify the precise language on which it is premised. (C) Question of consideration \nAs disposition of points of order under subsection (d) or paragraph (1) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (D) Debate and intervening motions \nA question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (E) Effect on amendment in order as original text \nThe disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.. (b) Clerical amendment \nThe table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 406 the following: Sec. 407. Mandatory inflation forecasting..", "id": "H67924B5C869E406EB2314167263029F9", "header": "Legislative mandated inflation accountability and reform", "nested": [ { "text": "(a) In general \nPart A of title IV of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following: 407. Mandatory inflation forecasting \n(a) Definitions \nIn this section— (1) the term Director means the Director of the Congressional Budget Office; and (2) the term major legislation means any bill or joint resolution, or amendment thereto or conference report thereon, that provides for direct spending and would be projected (in a conventional cost estimate) to cause an annual gross budgetary effect of at least 0.25 percent of projected Gross Domestic Product of the United States, but does not include any such measure that— (A) provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government; or (B) is necessary for the national security or the ratification or implementation of international treaty obligations. (b) Agency assistance \nEach department, agency, establishment, or regulatory agency or commission, shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in carrying out this section. (c) Mandatory inflation forecasting \n(1) Submission of bills to the director \nOn the date that a committee of authorization of the Senate or the House of Representatives orders reported major legislation, the committee shall promptly provide the legislation to the Director for the purpose of carrying out responsibilities detailed in paragraph (2). (2) Mandatory reporting on inflationary forecasting \nFor any major legislation provided to the Director under paragraph (1), the Director shall prepare and submit to the applicable committee a statement estimating the inflationary effects of the legislation, including whether the legislation is determined to have no significant impact on inflation, is determined to have quantifiable inflationary impact on the consumer price index, or is determined likely to have a significant impact on inflation but the amount cannot be determined at the time the estimate is prepared. (3) Amended bills and joint resolutions; conference reports \nIf a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form constitutes major legislation not previously considered by either House, then the chair of the committee that reported the bill or joint resolution or any other committee chair designated by the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be), or the committee of conference, respectively, shall ensure to the greatest extent practicable that the Director shall prepare a statement as provided in paragraph (2) or a supplemental statement for the bill or joint resolution in that amended form. (d) Legislation subject to point of order \nIt shall not be in order in the Senate or the House of Representatives to consider any major legislation reported by a committee unless the committee has published a statement of the Director in accordance with this section. (e) Provisions relating to the House of Representatives \n(1) Enforcement \nIt shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (d). (2) Disposition of points of order \n(A) Application to the house of representatives \nThis paragraph shall apply only to the House of Representatives. (B) Threshold burden \nIn order to be cognizable by the Chair, a point of order under subsection (d) or paragraph (1) of this subsection must specify the precise language on which it is premised. (C) Question of consideration \nAs disposition of points of order under subsection (d) or paragraph (1) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (D) Debate and intervening motions \nA question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (E) Effect on amendment in order as original text \nThe disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text..", "id": "H4064B2E76594461BB79675956A5D64AF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clerical amendment \nThe table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 406 the following: Sec. 407. Mandatory inflation forecasting..", "id": "H9A6551231D43432B9160EBF67E23D4E8", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [] }, { "text": "407. Mandatory inflation forecasting \n(a) Definitions \nIn this section— (1) the term Director means the Director of the Congressional Budget Office; and (2) the term major legislation means any bill or joint resolution, or amendment thereto or conference report thereon, that provides for direct spending and would be projected (in a conventional cost estimate) to cause an annual gross budgetary effect of at least 0.25 percent of projected Gross Domestic Product of the United States, but does not include any such measure that— (A) provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government; or (B) is necessary for the national security or the ratification or implementation of international treaty obligations. (b) Agency assistance \nEach department, agency, establishment, or regulatory agency or commission, shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in carrying out this section. (c) Mandatory inflation forecasting \n(1) Submission of bills to the director \nOn the date that a committee of authorization of the Senate or the House of Representatives orders reported major legislation, the committee shall promptly provide the legislation to the Director for the purpose of carrying out responsibilities detailed in paragraph (2). (2) Mandatory reporting on inflationary forecasting \nFor any major legislation provided to the Director under paragraph (1), the Director shall prepare and submit to the applicable committee a statement estimating the inflationary effects of the legislation, including whether the legislation is determined to have no significant impact on inflation, is determined to have quantifiable inflationary impact on the consumer price index, or is determined likely to have a significant impact on inflation but the amount cannot be determined at the time the estimate is prepared. (3) Amended bills and joint resolutions; conference reports \nIf a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form constitutes major legislation not previously considered by either House, then the chair of the committee that reported the bill or joint resolution or any other committee chair designated by the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be), or the committee of conference, respectively, shall ensure to the greatest extent practicable that the Director shall prepare a statement as provided in paragraph (2) or a supplemental statement for the bill or joint resolution in that amended form. (d) Legislation subject to point of order \nIt shall not be in order in the Senate or the House of Representatives to consider any major legislation reported by a committee unless the committee has published a statement of the Director in accordance with this section. (e) Provisions relating to the House of Representatives \n(1) Enforcement \nIt shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (d). (2) Disposition of points of order \n(A) Application to the house of representatives \nThis paragraph shall apply only to the House of Representatives. (B) Threshold burden \nIn order to be cognizable by the Chair, a point of order under subsection (d) or paragraph (1) of this subsection must specify the precise language on which it is premised. (C) Question of consideration \nAs disposition of points of order under subsection (d) or paragraph (1) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (D) Debate and intervening motions \nA question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (E) Effect on amendment in order as original text \nThe disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.", "id": "H761BAD2A0AC34CA8B3E2A589233DF446", "header": "Mandatory inflation forecasting", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term Director means the Director of the Congressional Budget Office; and (2) the term major legislation means any bill or joint resolution, or amendment thereto or conference report thereon, that provides for direct spending and would be projected (in a conventional cost estimate) to cause an annual gross budgetary effect of at least 0.25 percent of projected Gross Domestic Product of the United States, but does not include any such measure that— (A) provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government; or (B) is necessary for the national security or the ratification or implementation of international treaty obligations.", "id": "HD131A29D5B5044AF8844F1F48DCDA245", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Agency assistance \nEach department, agency, establishment, or regulatory agency or commission, shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in carrying out this section.", "id": "H091617647BD3417ABDE6B91C1A390613", "header": "Agency assistance", "nested": [], "links": [] }, { "text": "(c) Mandatory inflation forecasting \n(1) Submission of bills to the director \nOn the date that a committee of authorization of the Senate or the House of Representatives orders reported major legislation, the committee shall promptly provide the legislation to the Director for the purpose of carrying out responsibilities detailed in paragraph (2). (2) Mandatory reporting on inflationary forecasting \nFor any major legislation provided to the Director under paragraph (1), the Director shall prepare and submit to the applicable committee a statement estimating the inflationary effects of the legislation, including whether the legislation is determined to have no significant impact on inflation, is determined to have quantifiable inflationary impact on the consumer price index, or is determined likely to have a significant impact on inflation but the amount cannot be determined at the time the estimate is prepared. (3) Amended bills and joint resolutions; conference reports \nIf a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form constitutes major legislation not previously considered by either House, then the chair of the committee that reported the bill or joint resolution or any other committee chair designated by the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be), or the committee of conference, respectively, shall ensure to the greatest extent practicable that the Director shall prepare a statement as provided in paragraph (2) or a supplemental statement for the bill or joint resolution in that amended form.", "id": "H833AA84F49834AFCB06992F412FF1962", "header": "Mandatory inflation forecasting", "nested": [], "links": [] }, { "text": "(d) Legislation subject to point of order \nIt shall not be in order in the Senate or the House of Representatives to consider any major legislation reported by a committee unless the committee has published a statement of the Director in accordance with this section.", "id": "H89FFBFA98C7B439E8AB44046FE0A6F08", "header": "Legislation subject to point of order", "nested": [], "links": [] }, { "text": "(e) Provisions relating to the House of Representatives \n(1) Enforcement \nIt shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (d). (2) Disposition of points of order \n(A) Application to the house of representatives \nThis paragraph shall apply only to the House of Representatives. (B) Threshold burden \nIn order to be cognizable by the Chair, a point of order under subsection (d) or paragraph (1) of this subsection must specify the precise language on which it is premised. (C) Question of consideration \nAs disposition of points of order under subsection (d) or paragraph (1) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (D) Debate and intervening motions \nA question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (E) Effect on amendment in order as original text \nThe disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.", "id": "H580206A80FC3430586B7A556264CC8FF", "header": "Provisions relating to the House of Representatives", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Informed Lawmaking to Combat Inflation Act. 2. Legislative mandated inflation accountability and reform (a) In general Part A of title IV of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following: 407. Mandatory inflation forecasting (a) Definitions In this section— (1) the term Director means the Director of the Congressional Budget Office; and (2) the term major legislation means any bill or joint resolution, or amendment thereto or conference report thereon, that provides for direct spending and would be projected (in a conventional cost estimate) to cause an annual gross budgetary effect of at least 0.25 percent of projected Gross Domestic Product of the United States, but does not include any such measure that— (A) provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government; or (B) is necessary for the national security or the ratification or implementation of international treaty obligations. (b) Agency assistance Each department, agency, establishment, or regulatory agency or commission, shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in carrying out this section. (c) Mandatory inflation forecasting (1) Submission of bills to the director On the date that a committee of authorization of the Senate or the House of Representatives orders reported major legislation, the committee shall promptly provide the legislation to the Director for the purpose of carrying out responsibilities detailed in paragraph (2). (2) Mandatory reporting on inflationary forecasting For any major legislation provided to the Director under paragraph (1), the Director shall prepare and submit to the applicable committee a statement estimating the inflationary effects of the legislation, including whether the legislation is determined to have no significant impact on inflation, is determined to have quantifiable inflationary impact on the consumer price index, or is determined likely to have a significant impact on inflation but the amount cannot be determined at the time the estimate is prepared. (3) Amended bills and joint resolutions; conference reports If a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form constitutes major legislation not previously considered by either House, then the chair of the committee that reported the bill or joint resolution or any other committee chair designated by the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be), or the committee of conference, respectively, shall ensure to the greatest extent practicable that the Director shall prepare a statement as provided in paragraph (2) or a supplemental statement for the bill or joint resolution in that amended form. (d) Legislation subject to point of order It shall not be in order in the Senate or the House of Representatives to consider any major legislation reported by a committee unless the committee has published a statement of the Director in accordance with this section. (e) Provisions relating to the House of Representatives (1) Enforcement It shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (d). (2) Disposition of points of order (A) Application to the house of representatives This paragraph shall apply only to the House of Representatives. (B) Threshold burden In order to be cognizable by the Chair, a point of order under subsection (d) or paragraph (1) of this subsection must specify the precise language on which it is premised. (C) Question of consideration As disposition of points of order under subsection (d) or paragraph (1) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (D) Debate and intervening motions A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (E) Effect on amendment in order as original text The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.. (b) Clerical amendment The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 406 the following: Sec. 407. Mandatory inflation forecasting.. 407. Mandatory inflation forecasting (a) Definitions In this section— (1) the term Director means the Director of the Congressional Budget Office; and (2) the term major legislation means any bill or joint resolution, or amendment thereto or conference report thereon, that provides for direct spending and would be projected (in a conventional cost estimate) to cause an annual gross budgetary effect of at least 0.25 percent of projected Gross Domestic Product of the United States, but does not include any such measure that— (A) provides for emergency assistance or relief at the request of any State, local, or tribal government or any official of a State, local, or tribal government; or (B) is necessary for the national security or the ratification or implementation of international treaty obligations. (b) Agency assistance Each department, agency, establishment, or regulatory agency or commission, shall provide to the Director such information and assistance as the Director may reasonably request to assist the Director in carrying out this section. (c) Mandatory inflation forecasting (1) Submission of bills to the director On the date that a committee of authorization of the Senate or the House of Representatives orders reported major legislation, the committee shall promptly provide the legislation to the Director for the purpose of carrying out responsibilities detailed in paragraph (2). (2) Mandatory reporting on inflationary forecasting For any major legislation provided to the Director under paragraph (1), the Director shall prepare and submit to the applicable committee a statement estimating the inflationary effects of the legislation, including whether the legislation is determined to have no significant impact on inflation, is determined to have quantifiable inflationary impact on the consumer price index, or is determined likely to have a significant impact on inflation but the amount cannot be determined at the time the estimate is prepared. (3) Amended bills and joint resolutions; conference reports If a bill or joint resolution is passed in an amended form (including if passed by one House as an amendment in the nature of a substitute for the text of a bill or joint resolution from the other House) or is reported by a committee of conference in amended form, and the amended form constitutes major legislation not previously considered by either House, then the chair of the committee that reported the bill or joint resolution or any other committee chair designated by the Speaker of the House of Representatives or the President pro tempore of the Senate (as the case may be), or the committee of conference, respectively, shall ensure to the greatest extent practicable that the Director shall prepare a statement as provided in paragraph (2) or a supplemental statement for the bill or joint resolution in that amended form. (d) Legislation subject to point of order It shall not be in order in the Senate or the House of Representatives to consider any major legislation reported by a committee unless the committee has published a statement of the Director in accordance with this section. (e) Provisions relating to the House of Representatives (1) Enforcement It shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (d). (2) Disposition of points of order (A) Application to the house of representatives This paragraph shall apply only to the House of Representatives. (B) Threshold burden In order to be cognizable by the Chair, a point of order under subsection (d) or paragraph (1) of this subsection must specify the precise language on which it is premised. (C) Question of consideration As disposition of points of order under subsection (d) or paragraph (1) of this section, the Chair shall put the question of consideration with respect to the proposition that is the subject of the points of order. (D) Debate and intervening motions A question of consideration under this section shall be debatable for 10 minutes by each Member initiating a point of order and for 10 minutes by an opponent on each point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. (E) Effect on amendment in order as original text The disposition of the question of consideration under this subsection with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.
9,826
[ "Budget Committee", "Rules Committee" ]
118hr7936ih
118
hr
7,936
ih
To prepare the National Park Service for America’s Semiquincentennial by revaluating and recommitting to efforts to protect and sustain the resiliency of our Nation’s cultural resources for the enjoyment, wellbeing, and education of all present and future generations.
[ { "text": "1. Short title \nThis Act may be cited as the Cultural Resource Challenge Act of 2024.", "id": "HF6DEB538F24E4781B60C570197573155", "header": "Short title", "nested": [], "links": [] }, { "text": "2. National parks service cultural resource challenge \n(a) Requirements \nThe Director of the National Park Service (hereafter in this Act referred to as the Director ) shall enhance cultural resources work within the National Park System, including— (1) reviewing, updating, and improving access to National Park Service guidance for cultural resource identification, management, maintenance, preservation, restoration, and documentation, digitization, interpretation, communication, education; (2) advancing the identification, management, maintenance, preservation, restoration, and documentation, digitization, interpretation, communication, education of cultural resources within the National Park System; (3) assessing gaps in the National Park System, National Historic Landmarks, and the National Register of Historic Places programs regarding sites related to underrepresented groups and resource types, and identify and implement strategies and initiatives for their inclusion; (4) identifying and filling critical workforce vacancies within parks, the regions, and the Washington Support Office to ensure an effective and efficient program of cultural resource management; (5) encouraging skill-sharing between parks and regional offices, and external groups to meet critical training needs and facilitate cross-learning; (6) providing relevant training and technical guidance to State Historic Preservation Offices, Tribal Historic Preservation Offices, National Heritage Area System units, certified local governments, Federal preservation officers, government agencies, and others; (7) promoting an interdisciplinary research approach to addressing critical resource management issues, including climate change, sustainability, and geographic information system standards, including through increased coordination between cultural and natural resource research and science programs; and (8) other projects or programs as determined appropriate by the Director. (b) Progress \nNo later than 1 year after the date of enactment of this Act, the Director shall submit to Congress, an update on the progress meeting requirements under subsection (a).", "id": "HAAA01D53BAE24155B512A100102B1F99", "header": "National parks service cultural resource challenge", "nested": [ { "text": "(a) Requirements \nThe Director of the National Park Service (hereafter in this Act referred to as the Director ) shall enhance cultural resources work within the National Park System, including— (1) reviewing, updating, and improving access to National Park Service guidance for cultural resource identification, management, maintenance, preservation, restoration, and documentation, digitization, interpretation, communication, education; (2) advancing the identification, management, maintenance, preservation, restoration, and documentation, digitization, interpretation, communication, education of cultural resources within the National Park System; (3) assessing gaps in the National Park System, National Historic Landmarks, and the National Register of Historic Places programs regarding sites related to underrepresented groups and resource types, and identify and implement strategies and initiatives for their inclusion; (4) identifying and filling critical workforce vacancies within parks, the regions, and the Washington Support Office to ensure an effective and efficient program of cultural resource management; (5) encouraging skill-sharing between parks and regional offices, and external groups to meet critical training needs and facilitate cross-learning; (6) providing relevant training and technical guidance to State Historic Preservation Offices, Tribal Historic Preservation Offices, National Heritage Area System units, certified local governments, Federal preservation officers, government agencies, and others; (7) promoting an interdisciplinary research approach to addressing critical resource management issues, including climate change, sustainability, and geographic information system standards, including through increased coordination between cultural and natural resource research and science programs; and (8) other projects or programs as determined appropriate by the Director.", "id": "H579EE51B058D4F54820EF9ED7C9CCECC", "header": "Requirements", "nested": [], "links": [] }, { "text": "(b) Progress \nNo later than 1 year after the date of enactment of this Act, the Director shall submit to Congress, an update on the progress meeting requirements under subsection (a).", "id": "H7EF3DB1D5AAE4600865E47A59C4C66AA", "header": "Progress", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Cultural resource challenge resilience grant program \n(a) Planning grants \n(1) Awards \nThe Director shall carry out a program of awarding grants to assist eligible entities in the preparation of an application for a grant under subsection (b), including community engagement, project planning and design, and capacity. (2) Amount \nThe amount of a grant under paragraph (1), with respect to any organization seeking such a grant shall not exceed $75,000. (b) Program and project grants \n(1) Awards \nThe Director shall carry out a program of awarding grants, on a competitive basis, to improve the resiliency of our Nation’s cultural resources, including by— (A) advancing the identification, management, maintenance, preservation, restoration, and documentation, digitization, interpretation, communication, education of cultural resources, including supporting baseline research; (B) creating or supporting the operation of integrated data systems that maximize the accessibility of cultural resource inventory, evaluation, documentation, and treatment information; (C) providing relevant training and technical guidance to State Historic Preservation Offices, Tribal Historic Preservation Offices, National Heritage Area System units, certified local governments, Federal preservation officers, government agencies, and others; and (D) implementing other relevant projects or programs as determined appropriate by the Director. (2) Eligible entities \nTo be eligible for a grant under this Act, and entity shall be, or be partnered with, a State, Local, Tribal, territorial government, an educational institution, a Tribal historic preservation office, a State historic preservation office, or a non-profit organization. (3) Cost-share \nThe Federal share of a grant awarded under the Program may not exceed 80 percent of total cost of the project. (4) Waiver for cost-share requirement \nThe Director may waive the limitation in paragraph (3) for certain projects— (A) that are in collaboration with Tribal Historic Preservation Offices, federally recognized Indian Tribes, or Native Hawaiian organizations; and (B) with minimal costs under $10,000. (c) Prioritization \nIn awarding the grants under this section, the Secretary shall prioritize projects that— (1) consider and address the role of climate change in protecting our Nation’s cultural resources; (2) expand and improve support to Native American, Native Hawaiian, and Alaskan Natives, minority, and other underrepresented groups involved in national historic preservation programs and the preservation of their culture; (3) support or engage storytelling and oral history to support intangible heritage and knowledge; and (4) incorporate an effort to engage and empower future generations in historic preservation, history, and archeology programs.", "id": "H4CFC482F7179449594E29209A53F2360", "header": "Cultural resource challenge resilience grant program", "nested": [ { "text": "(a) Planning grants \n(1) Awards \nThe Director shall carry out a program of awarding grants to assist eligible entities in the preparation of an application for a grant under subsection (b), including community engagement, project planning and design, and capacity. (2) Amount \nThe amount of a grant under paragraph (1), with respect to any organization seeking such a grant shall not exceed $75,000.", "id": "H9EC8EC625DFA411A9C0A71FDBFD2875F", "header": "Planning grants", "nested": [], "links": [] }, { "text": "(b) Program and project grants \n(1) Awards \nThe Director shall carry out a program of awarding grants, on a competitive basis, to improve the resiliency of our Nation’s cultural resources, including by— (A) advancing the identification, management, maintenance, preservation, restoration, and documentation, digitization, interpretation, communication, education of cultural resources, including supporting baseline research; (B) creating or supporting the operation of integrated data systems that maximize the accessibility of cultural resource inventory, evaluation, documentation, and treatment information; (C) providing relevant training and technical guidance to State Historic Preservation Offices, Tribal Historic Preservation Offices, National Heritage Area System units, certified local governments, Federal preservation officers, government agencies, and others; and (D) implementing other relevant projects or programs as determined appropriate by the Director. (2) Eligible entities \nTo be eligible for a grant under this Act, and entity shall be, or be partnered with, a State, Local, Tribal, territorial government, an educational institution, a Tribal historic preservation office, a State historic preservation office, or a non-profit organization. (3) Cost-share \nThe Federal share of a grant awarded under the Program may not exceed 80 percent of total cost of the project. (4) Waiver for cost-share requirement \nThe Director may waive the limitation in paragraph (3) for certain projects— (A) that are in collaboration with Tribal Historic Preservation Offices, federally recognized Indian Tribes, or Native Hawaiian organizations; and (B) with minimal costs under $10,000.", "id": "HE6FA62BE7EE94F2D90AC1938C641D1EE", "header": "Program and project grants", "nested": [], "links": [] }, { "text": "(c) Prioritization \nIn awarding the grants under this section, the Secretary shall prioritize projects that— (1) consider and address the role of climate change in protecting our Nation’s cultural resources; (2) expand and improve support to Native American, Native Hawaiian, and Alaskan Natives, minority, and other underrepresented groups involved in national historic preservation programs and the preservation of their culture; (3) support or engage storytelling and oral history to support intangible heritage and knowledge; and (4) incorporate an effort to engage and empower future generations in historic preservation, history, and archeology programs.", "id": "HE32C39B5F4224EDA9D2805654658F561", "header": "Prioritization", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Cultural resources career academy \n(a) In general \nThe Director shall develop a comprehensive Cultural Resource Career Academy curriculum to provide cultural resource management training to all park managers and staff with responsibilities for managing and preserving cultural resources. In developing this curriculum, the Director shall include training on— (1) the role of climate change in protecting our Nation’s cultural resources; (2) best practices for the preservation of cultural resources from Native American, minority, and other underrepresented communities, including cultural competency for community engagement; (3) how storytelling and oral history can support intangible heritage and knowledge; and (4) best practices for how to engage the next and future generations in historic and cultural resource preservation, reflection, and celebration. (b) Authorization of appropriations \nIn addition to amounts otherwise available, there is appropriated to the Director for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $20,000,000 to remain available until expended, to carry out subsection (a).", "id": "H98DFF2639F904E23A446CE709AE8AE01", "header": "Cultural resources career academy", "nested": [ { "text": "(a) In general \nThe Director shall develop a comprehensive Cultural Resource Career Academy curriculum to provide cultural resource management training to all park managers and staff with responsibilities for managing and preserving cultural resources. In developing this curriculum, the Director shall include training on— (1) the role of climate change in protecting our Nation’s cultural resources; (2) best practices for the preservation of cultural resources from Native American, minority, and other underrepresented communities, including cultural competency for community engagement; (3) how storytelling and oral history can support intangible heritage and knowledge; and (4) best practices for how to engage the next and future generations in historic and cultural resource preservation, reflection, and celebration.", "id": "H5C3A93F936C14A14811402313C861F33", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nIn addition to amounts otherwise available, there is appropriated to the Director for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $20,000,000 to remain available until expended, to carry out subsection (a).", "id": "HE62AA742B7444A7E9C1D7885B0EB6A92", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Report to Congress \nNot later than 2 years after the date of enactment of this Act, the Director shall submit to Congress, and release to the public, a report on the progress of carrying out this Act. The report shall include— (1) a summary of the status projects and programs undertaken or implemented; (2) explanation for how National Park Service offices have coordinated and prioritized efforts to advance management of cultural resources; and (3) an explanation of how the Director selected grants using the criteria in section 3.", "id": "H33CD77856FE84835B4AFDA9E99EACCC7", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "6. State of our cultural resources report \n(a) Content \nNot later than 4 years after the date of enactment of this Act, the Advisory Council on Historic Preservation, in collaboration with the Director, shall complete and publish a report on the State of the cultural resources of the United States, including— (1) a summary of relevant documents and guidance prepared by the National Park Service for the management of cultural resources; (2) a summary of efforts to protect cultural heritage from the impacts of climate-related risks; (3) an assessment of remaining cultural resources workforce and workforce gaps of the National Park Service; (4) needs for future funding; and (5) a summary of partnerships between the National Park Service and other agencies and entities to restore, protect, and promote the cultural resources of the United States. (b) External engagement \nIn writing the report required under subsection (a), the Director and the Advisory Council on Historic Preservation shall engage with, credit, and compensate necessary relevant external experts.", "id": "HE7015A19F2054F36A8352B7BF1911FFC", "header": "State of our cultural resources report", "nested": [ { "text": "(a) Content \nNot later than 4 years after the date of enactment of this Act, the Advisory Council on Historic Preservation, in collaboration with the Director, shall complete and publish a report on the State of the cultural resources of the United States, including— (1) a summary of relevant documents and guidance prepared by the National Park Service for the management of cultural resources; (2) a summary of efforts to protect cultural heritage from the impacts of climate-related risks; (3) an assessment of remaining cultural resources workforce and workforce gaps of the National Park Service; (4) needs for future funding; and (5) a summary of partnerships between the National Park Service and other agencies and entities to restore, protect, and promote the cultural resources of the United States.", "id": "H1FB1848102E0418882FE444A689A86C4", "header": "Content", "nested": [], "links": [] }, { "text": "(b) External engagement \nIn writing the report required under subsection (a), the Director and the Advisory Council on Historic Preservation shall engage with, credit, and compensate necessary relevant external experts.", "id": "H538EAE16EB7A4512BA2232684F34C95C", "header": "External engagement", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Authorization of appropriations \n(a) In general \nThere is authorized to be appropriated to the Secretary to carry out this Act $250,000,000 for fiscal years 2025 through 2030. (b) Limitation on use of funds \nNo funds made available for this Act may be— (1) taken from the existing and future Historic Preservation Fund; (2) used to acquire lands or interest in lands by the Federal Government; or (3) used for projects involving demolition of cultural resources.", "id": "HDEC955842154457BBA6943F7D4B87C0E", "header": "Authorization of appropriations", "nested": [ { "text": "(a) In general \nThere is authorized to be appropriated to the Secretary to carry out this Act $250,000,000 for fiscal years 2025 through 2030.", "id": "HBA982143B36B436A8CC74A588853A54E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Limitation on use of funds \nNo funds made available for this Act may be— (1) taken from the existing and future Historic Preservation Fund; (2) used to acquire lands or interest in lands by the Federal Government; or (3) used for projects involving demolition of cultural resources.", "id": "H1360FA32E8FE42C6B35E40D4603A9ACE", "header": "Limitation on use of funds", "nested": [], "links": [] } ], "links": [] } ]
7
1. Short title This Act may be cited as the Cultural Resource Challenge Act of 2024. 2. National parks service cultural resource challenge (a) Requirements The Director of the National Park Service (hereafter in this Act referred to as the Director ) shall enhance cultural resources work within the National Park System, including— (1) reviewing, updating, and improving access to National Park Service guidance for cultural resource identification, management, maintenance, preservation, restoration, and documentation, digitization, interpretation, communication, education; (2) advancing the identification, management, maintenance, preservation, restoration, and documentation, digitization, interpretation, communication, education of cultural resources within the National Park System; (3) assessing gaps in the National Park System, National Historic Landmarks, and the National Register of Historic Places programs regarding sites related to underrepresented groups and resource types, and identify and implement strategies and initiatives for their inclusion; (4) identifying and filling critical workforce vacancies within parks, the regions, and the Washington Support Office to ensure an effective and efficient program of cultural resource management; (5) encouraging skill-sharing between parks and regional offices, and external groups to meet critical training needs and facilitate cross-learning; (6) providing relevant training and technical guidance to State Historic Preservation Offices, Tribal Historic Preservation Offices, National Heritage Area System units, certified local governments, Federal preservation officers, government agencies, and others; (7) promoting an interdisciplinary research approach to addressing critical resource management issues, including climate change, sustainability, and geographic information system standards, including through increased coordination between cultural and natural resource research and science programs; and (8) other projects or programs as determined appropriate by the Director. (b) Progress No later than 1 year after the date of enactment of this Act, the Director shall submit to Congress, an update on the progress meeting requirements under subsection (a). 3. Cultural resource challenge resilience grant program (a) Planning grants (1) Awards The Director shall carry out a program of awarding grants to assist eligible entities in the preparation of an application for a grant under subsection (b), including community engagement, project planning and design, and capacity. (2) Amount The amount of a grant under paragraph (1), with respect to any organization seeking such a grant shall not exceed $75,000. (b) Program and project grants (1) Awards The Director shall carry out a program of awarding grants, on a competitive basis, to improve the resiliency of our Nation’s cultural resources, including by— (A) advancing the identification, management, maintenance, preservation, restoration, and documentation, digitization, interpretation, communication, education of cultural resources, including supporting baseline research; (B) creating or supporting the operation of integrated data systems that maximize the accessibility of cultural resource inventory, evaluation, documentation, and treatment information; (C) providing relevant training and technical guidance to State Historic Preservation Offices, Tribal Historic Preservation Offices, National Heritage Area System units, certified local governments, Federal preservation officers, government agencies, and others; and (D) implementing other relevant projects or programs as determined appropriate by the Director. (2) Eligible entities To be eligible for a grant under this Act, and entity shall be, or be partnered with, a State, Local, Tribal, territorial government, an educational institution, a Tribal historic preservation office, a State historic preservation office, or a non-profit organization. (3) Cost-share The Federal share of a grant awarded under the Program may not exceed 80 percent of total cost of the project. (4) Waiver for cost-share requirement The Director may waive the limitation in paragraph (3) for certain projects— (A) that are in collaboration with Tribal Historic Preservation Offices, federally recognized Indian Tribes, or Native Hawaiian organizations; and (B) with minimal costs under $10,000. (c) Prioritization In awarding the grants under this section, the Secretary shall prioritize projects that— (1) consider and address the role of climate change in protecting our Nation’s cultural resources; (2) expand and improve support to Native American, Native Hawaiian, and Alaskan Natives, minority, and other underrepresented groups involved in national historic preservation programs and the preservation of their culture; (3) support or engage storytelling and oral history to support intangible heritage and knowledge; and (4) incorporate an effort to engage and empower future generations in historic preservation, history, and archeology programs. 4. Cultural resources career academy (a) In general The Director shall develop a comprehensive Cultural Resource Career Academy curriculum to provide cultural resource management training to all park managers and staff with responsibilities for managing and preserving cultural resources. In developing this curriculum, the Director shall include training on— (1) the role of climate change in protecting our Nation’s cultural resources; (2) best practices for the preservation of cultural resources from Native American, minority, and other underrepresented communities, including cultural competency for community engagement; (3) how storytelling and oral history can support intangible heritage and knowledge; and (4) best practices for how to engage the next and future generations in historic and cultural resource preservation, reflection, and celebration. (b) Authorization of appropriations In addition to amounts otherwise available, there is appropriated to the Director for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $20,000,000 to remain available until expended, to carry out subsection (a). 5. Report to Congress Not later than 2 years after the date of enactment of this Act, the Director shall submit to Congress, and release to the public, a report on the progress of carrying out this Act. The report shall include— (1) a summary of the status projects and programs undertaken or implemented; (2) explanation for how National Park Service offices have coordinated and prioritized efforts to advance management of cultural resources; and (3) an explanation of how the Director selected grants using the criteria in section 3. 6. State of our cultural resources report (a) Content Not later than 4 years after the date of enactment of this Act, the Advisory Council on Historic Preservation, in collaboration with the Director, shall complete and publish a report on the State of the cultural resources of the United States, including— (1) a summary of relevant documents and guidance prepared by the National Park Service for the management of cultural resources; (2) a summary of efforts to protect cultural heritage from the impacts of climate-related risks; (3) an assessment of remaining cultural resources workforce and workforce gaps of the National Park Service; (4) needs for future funding; and (5) a summary of partnerships between the National Park Service and other agencies and entities to restore, protect, and promote the cultural resources of the United States. (b) External engagement In writing the report required under subsection (a), the Director and the Advisory Council on Historic Preservation shall engage with, credit, and compensate necessary relevant external experts. 7. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary to carry out this Act $250,000,000 for fiscal years 2025 through 2030. (b) Limitation on use of funds No funds made available for this Act may be— (1) taken from the existing and future Historic Preservation Fund; (2) used to acquire lands or interest in lands by the Federal Government; or (3) used for projects involving demolition of cultural resources.
8,279
[ "Natural Resources Committee" ]
118hr5456ih
118
hr
5,456
ih
To amend the Internal Revenue Code of 1986 to end the tax subsidy for employer efforts to influence their workers’ exercise of their rights around labor organizations and engaging in collective action.
[ { "text": "1. Short title \nThis Act may be cited as the No Tax Breaks for Union Busting (NTBUB) Act.", "id": "HFEAB4FEAB4E64B3BB695D0BA21AB7C4A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress makes the following findings: (1) The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) declares that it is the right of employees to form, join, or assist labor organizations. (2) The National Labor Relations Act further declares that it is the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing.... (3) Despite Congress’ intention to give workers full agency in these matters, many employers regularly choose to involve themselves, lawfully or unlawfully, in the decisions of their employees about whether to avail themselves of their rights under the National Labor Relations Act and the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (4) Employers frequently violate labor laws around organizing and collective action. The Economic Policy Institute finds that in approximately 4 of 10 labor organization elections in 2016–2017 employers were charged with committing an unfair labor practice. Among larger bargaining units of 61 employees or more, over 54 percent of elections have an unfair labor practice charge. (5) In practice, these unfair labor practices often include charges such as employees being illegally fired for labor organization activity, refusal to bargain in good faith with labor organizations, or coercion and intimidation. Employers also frequently use captive audience meetings, workplace surveillance, and other lawful or unlawful tactics to sway labor organization elections. (6) Whether or not there are charges of unlawful behavior, employers spend millions of dollars to sway the opinions of their employees with respect to whether or how to exercise their rights under the National Labor Relations Act and the Railway Labor Act. According to the Economic Policy Institute, companies spent $340,000,000 yearly on outside consultants to sway their workers' opinions about labor organization activities. This and other spending interfere with the United States goal of encouraging the practice and procedure of collective bargaining. (7) The Internal Revenue Code of 1986 has long recognized that spending by businesses with the purpose of influencing the general public with respect to elections, while it may be lawful, is not tax deductible. Congress should extend that principle to spending done by employers to influence workers’ elections and collective bargaining decisions. These free choices to exercise the rights to engage in collective bargaining, labor organization representation, and other lawful collective activities should be made without taxpayer subsidies of undue outside influence from employers.", "id": "H7A6393BA02904594B323C78DD3C7B52C", "header": "Findings", "nested": [], "links": [ { "text": "29 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/151" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" } ] }, { "text": "3. Denial of deduction for attempting to influence employees with respect to labor organizations or labor organization activities \n(a) In general \nSection 162(e)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or , and by adding at the end the following new subparagraph: (E) any attempt to influence the taxpayer's employees with respect to labor organizations or labor organization activities, including with respect to the opinion of such employees regarding such organizations or activities.. (b) Labor organizations; labor organization activities defined \nSection 162(e) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: (6) Labor organizations and labor organization activity defined \nFor purposes of this subsection— (A) Labor organization \nThe term labor organization has the meaning given such term in section 3 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402 ). (B) Labor organization activity \n(i) In general \nThe term labor organization activity means labor organization elections, labor disputes, collective actions, and such other related activities identified by the Secretary. (ii) Other terms \nFor purposes of clause (i)— (I) Collective action \nThe term collective action means any action, including collective bargaining, described in section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ) or any action that is a right of employees or labor organizations under the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (II) Labor dispute \nThe term labor dispute has the meaning given such term under section 3 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402 ). (III) Labor organization election \nThe term labor organization election means any election described in section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) or section 2 of the Railway Labor Act ( 45 U.S.C. 152 ).. (c) Special rules \n(1) In general \nSection 162(e)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Expenses relating to labor organizations or labor organization activities \n(i) In general \nFor purposes of paragraph (1)(E), amounts paid or incurred in connection with attempting to influence the taxpayer's employees with respect to labor organizations or labor organization activities include— (I) any amount paid or incurred directly or indirectly by the taxpayer, including wages and other general and administrative costs, in connection with an action that results in— (aa) a complaint issued under section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) against the taxpayer for an unfair labor practice under section 8(a) of such Act ( 29 U.S.C. 158(a) ), (bb) a settlement offer related to an investigation by the National Labor Relations Board of a charge of an unfair labor practice under section 8(a) of such Act ( 29 U.S.C. 158(a) ) that results in a settlement of such charge without issuance of a complaint under section 10 of such Act ( 29 U.S.C. 160 ), or (cc) a finding of interference, influence, or coercion by a Federal court under section 2 of the Railway Labor Act ( 45 U.S.C. 152 ), (II) any amount paid or incurred directly or indirectly by the taxpayer, including wages and other general and administrative costs, in producing, conducting, or attending any meeting or training— (aa) which includes employees of the taxpayer who are or who could become members of a unit appropriate for the purposes of collective bargaining, and (bb) at which labor organizations or a labor organization activity is discussed, and (III) any amount which is required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ). (ii) Exceptions \nThe following amounts shall not be treated as amounts paid or incurred in connection with attempting to influence the taxpayer's employees with respect to labor organizations or labor organization activities under paragraph (1)(E): (I) Amounts paid or incurred for communications or negotiations directly with the designated or selected representative of the employees of the taxpayer described in section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) or under the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (II) Amounts paid or incurred for communications directly with shareholders, as may be required under section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ). (III) Amounts paid or incurred for communications or consultations by the taxpayer in the process of voluntarily recognizing a labor organization as a representative in accordance with section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ). (IV) Amounts paid or incurred with respect to the operation of a labor-management partnership described in a collective bargaining agreement in effect between a representative of employees of the taxpayer and the taxpayer, including a labor management committee established pursuant to section 205A(a) of the Labor Management Relations Act, 1947 ( 29 U.S.C. 175a(a) ). (V) Amounts paid or incurred for communications or consultations related to the operation of a grievance procedure described in a collective bargaining agreement in effect between a representative of employees of the taxpayer and the taxpayer. (VI) Amounts paid or incurred by a labor organization. (VII) Amounts paid or incurred for communication materials, including visual or audio media, required to be posted for, or provided to, employees of the taxpayer by law, including under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) or the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (VIII) Amounts paid or incurred relating to a complaint which is issued by the National Labor Relations Board and which is set aside in full in accordance with subsection (e) or (f) of section 10 of such Act.. (2) Regulatory authority \n(A) In general \nSection 162(e) of such Code, as amended by subsection (b), is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: (7) Regulations \nThe Secretary shall prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this subsection, including rules relating to the timing of any deductions in connection with amounts described in paragraph (4)(D)(ii)(VIII).. (B) Timing \nNot later than the date that is 240 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall prescribe guidance, rules, or regulations with respect to the application of the amendments made by this Act. (d) Information reporting \n(1) Certain information included in tax returns \n(A) In general \nPart I of subchapter B of chapter 68 is amended by adding at the end the following new section: 6720D. Failure to include certain information with respect to employer activities relating to labor organizations \n(a) In general \nIf any taxpayer who makes expenditures described in section 162(e)(1)(E) fails to provide with the return of tax for the taxable year to which such expenditures relate the information provided in subsection (c) with respect to such expenditures, or who fails to provide all of the information required under subsection (b) or fails to provide correct information, shall pay a penalty in the amount determined under subsection (b). (b) Determination of penalty amount \n(1) In general \nThe amount of the penalty under this section for any failure described in subsection (a) shall be the greater of— (A) $10,000, or (B) the product of $1,000 and the number of full time equivalent employees of the employer (as determined under section 45R(d)(2)). (2) Increased penalty where failure continues \n(A) In general \nIf any failure described in subsection (a) (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the taxpayer, the taxpayer shall pay a penalty (in addition to the amount of any penalty under paragraph (1)) equal to the amount determined under paragraph (1) for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. (B) Limitation \nThe penalty imposed under this paragraph with respect to any failure shall not exceed $100,000. (c) Information To be provided \nThe information required under this subsection shall include— (1) the dates that such activities described in section 162(e)(1)(E) took place, (2) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (3) the amounts paid or incurred for such activities, (4) a copy of any disclosures which are required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ), and (5) such other information as the Secretary may prescribe. (d) Reasonable cause exception \nNo penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect.. (B) Clerical amendment \nThe table of sections for part I of subchapter B of chapter 68 is amended by adding at the end the following new item: Sec. 6720D. Failure to include certain information with respect to employer activities relating to labor organizations.. (2) Third-party information reporting \n(A) In general \nSubpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6039J the following new section: 6039K. Information with respect to certain employer activities relating to labor organizations \n(a) In general \nAny person conducting activities described in section 162(e)(1)(E) on behalf of another person shall file a return (at such time and in such manner as the Secretary may by regulations prescribe, which includes the information described in subsection (b)). (b) Information To be provided \nInformation required under subsection (a) shall include— (1) the person on behalf of whom the activities described in section 162(e)(1)(E) were performed, (2) the dates that such activities described in such section took place, (3) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (4) the amounts paid or incurred for such activities, and (5) such other information as the Secretary may prescribe.. (B) Penalty \nSubparagraph (B) of section 6724(d)(1) of such Code is amended— (i) by striking the comma at the end of clause (xxvii), as added by the Infrastructure Investment and Jobs Act, and inserting , or , and (ii) by adding at the end the following new clause: (xxviii) section 6039K (relating to information with respect to certain employer activities relating to labor organizations), and. (C) Clerical amendment \nThe table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6039J the following new item: Sec. 6039K. Information with respect to certain employer activities relating to labor organizations.. (e) Conforming amendments \n(1) The heading for subsection (e) of section 162 of the Internal Revenue Code of 1986 is amended by striking and political expenditures and inserting , political expenditures, and labor organization expenditures. (2) The heading of subparagraph (C) of section 162(e)(4) of such Code is amended by striking and political activities and inserting , political, and labor organization activities. (f) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date that is 240 days after the date of the enactment of this Act.", "id": "HFE7631356F2147B8B1AD40125481688C", "header": "Denial of deduction for attempting to influence employees with respect to labor organizations or labor organization activities", "nested": [ { "text": "(a) In general \nSection 162(e)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or , and by adding at the end the following new subparagraph: (E) any attempt to influence the taxpayer's employees with respect to labor organizations or labor organization activities, including with respect to the opinion of such employees regarding such organizations or activities..", "id": "H20E12651C24C4853864506ED07E7A401", "header": "In general", "nested": [], "links": [ { "text": "Section 162(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/162" } ] }, { "text": "(b) Labor organizations; labor organization activities defined \nSection 162(e) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: (6) Labor organizations and labor organization activity defined \nFor purposes of this subsection— (A) Labor organization \nThe term labor organization has the meaning given such term in section 3 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402 ). (B) Labor organization activity \n(i) In general \nThe term labor organization activity means labor organization elections, labor disputes, collective actions, and such other related activities identified by the Secretary. (ii) Other terms \nFor purposes of clause (i)— (I) Collective action \nThe term collective action means any action, including collective bargaining, described in section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ) or any action that is a right of employees or labor organizations under the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (II) Labor dispute \nThe term labor dispute has the meaning given such term under section 3 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402 ). (III) Labor organization election \nThe term labor organization election means any election described in section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) or section 2 of the Railway Labor Act ( 45 U.S.C. 152 )..", "id": "HCD04E73A37224756B17DA0A0608ED4DD", "header": "Labor organizations; labor organization activities defined", "nested": [], "links": [ { "text": "Section 162(e)", "legal-doc": "usc", "parsable-cite": "usc/26/162" }, { "text": "29 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/29/402" }, { "text": "29 U.S.C. 157", "legal-doc": "usc", "parsable-cite": "usc/29/157" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" }, { "text": "29 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/29/402" }, { "text": "29 U.S.C. 159", "legal-doc": "usc", "parsable-cite": "usc/29/159" }, { "text": "45 U.S.C. 152", "legal-doc": "usc", "parsable-cite": "usc/45/152" } ] }, { "text": "(c) Special rules \n(1) In general \nSection 162(e)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Expenses relating to labor organizations or labor organization activities \n(i) In general \nFor purposes of paragraph (1)(E), amounts paid or incurred in connection with attempting to influence the taxpayer's employees with respect to labor organizations or labor organization activities include— (I) any amount paid or incurred directly or indirectly by the taxpayer, including wages and other general and administrative costs, in connection with an action that results in— (aa) a complaint issued under section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) against the taxpayer for an unfair labor practice under section 8(a) of such Act ( 29 U.S.C. 158(a) ), (bb) a settlement offer related to an investigation by the National Labor Relations Board of a charge of an unfair labor practice under section 8(a) of such Act ( 29 U.S.C. 158(a) ) that results in a settlement of such charge without issuance of a complaint under section 10 of such Act ( 29 U.S.C. 160 ), or (cc) a finding of interference, influence, or coercion by a Federal court under section 2 of the Railway Labor Act ( 45 U.S.C. 152 ), (II) any amount paid or incurred directly or indirectly by the taxpayer, including wages and other general and administrative costs, in producing, conducting, or attending any meeting or training— (aa) which includes employees of the taxpayer who are or who could become members of a unit appropriate for the purposes of collective bargaining, and (bb) at which labor organizations or a labor organization activity is discussed, and (III) any amount which is required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ). (ii) Exceptions \nThe following amounts shall not be treated as amounts paid or incurred in connection with attempting to influence the taxpayer's employees with respect to labor organizations or labor organization activities under paragraph (1)(E): (I) Amounts paid or incurred for communications or negotiations directly with the designated or selected representative of the employees of the taxpayer described in section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) or under the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (II) Amounts paid or incurred for communications directly with shareholders, as may be required under section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ). (III) Amounts paid or incurred for communications or consultations by the taxpayer in the process of voluntarily recognizing a labor organization as a representative in accordance with section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ). (IV) Amounts paid or incurred with respect to the operation of a labor-management partnership described in a collective bargaining agreement in effect between a representative of employees of the taxpayer and the taxpayer, including a labor management committee established pursuant to section 205A(a) of the Labor Management Relations Act, 1947 ( 29 U.S.C. 175a(a) ). (V) Amounts paid or incurred for communications or consultations related to the operation of a grievance procedure described in a collective bargaining agreement in effect between a representative of employees of the taxpayer and the taxpayer. (VI) Amounts paid or incurred by a labor organization. (VII) Amounts paid or incurred for communication materials, including visual or audio media, required to be posted for, or provided to, employees of the taxpayer by law, including under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) or the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (VIII) Amounts paid or incurred relating to a complaint which is issued by the National Labor Relations Board and which is set aside in full in accordance with subsection (e) or (f) of section 10 of such Act.. (2) Regulatory authority \n(A) In general \nSection 162(e) of such Code, as amended by subsection (b), is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: (7) Regulations \nThe Secretary shall prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this subsection, including rules relating to the timing of any deductions in connection with amounts described in paragraph (4)(D)(ii)(VIII).. (B) Timing \nNot later than the date that is 240 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall prescribe guidance, rules, or regulations with respect to the application of the amendments made by this Act.", "id": "H20AFA5577AB2410DBB64B012B5B15C5A", "header": "Special rules", "nested": [], "links": [ { "text": "Section 162(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/162" }, { "text": "29 U.S.C. 160", "legal-doc": "usc", "parsable-cite": "usc/29/160" }, { "text": "29 U.S.C. 158(a)", "legal-doc": "usc", "parsable-cite": "usc/29/158" }, { "text": "29 U.S.C. 158(a)", "legal-doc": "usc", "parsable-cite": "usc/29/158" }, { "text": "29 U.S.C. 160", "legal-doc": "usc", "parsable-cite": "usc/29/160" }, { "text": "45 U.S.C. 152", "legal-doc": "usc", "parsable-cite": "usc/45/152" }, { "text": "29 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/401" }, { "text": "29 U.S.C. 159(a)", "legal-doc": "usc", "parsable-cite": "usc/29/159" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" }, { "text": "15 U.S.C. 78m", "legal-doc": "usc", "parsable-cite": "usc/15/78m" }, { "text": "29 U.S.C. 159", "legal-doc": "usc", "parsable-cite": "usc/29/159" }, { "text": "29 U.S.C. 175a(a)", "legal-doc": "usc", "parsable-cite": "usc/29/175a" }, { "text": "29 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/151" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" } ] }, { "text": "(d) Information reporting \n(1) Certain information included in tax returns \n(A) In general \nPart I of subchapter B of chapter 68 is amended by adding at the end the following new section: 6720D. Failure to include certain information with respect to employer activities relating to labor organizations \n(a) In general \nIf any taxpayer who makes expenditures described in section 162(e)(1)(E) fails to provide with the return of tax for the taxable year to which such expenditures relate the information provided in subsection (c) with respect to such expenditures, or who fails to provide all of the information required under subsection (b) or fails to provide correct information, shall pay a penalty in the amount determined under subsection (b). (b) Determination of penalty amount \n(1) In general \nThe amount of the penalty under this section for any failure described in subsection (a) shall be the greater of— (A) $10,000, or (B) the product of $1,000 and the number of full time equivalent employees of the employer (as determined under section 45R(d)(2)). (2) Increased penalty where failure continues \n(A) In general \nIf any failure described in subsection (a) (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the taxpayer, the taxpayer shall pay a penalty (in addition to the amount of any penalty under paragraph (1)) equal to the amount determined under paragraph (1) for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. (B) Limitation \nThe penalty imposed under this paragraph with respect to any failure shall not exceed $100,000. (c) Information To be provided \nThe information required under this subsection shall include— (1) the dates that such activities described in section 162(e)(1)(E) took place, (2) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (3) the amounts paid or incurred for such activities, (4) a copy of any disclosures which are required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ), and (5) such other information as the Secretary may prescribe. (d) Reasonable cause exception \nNo penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect.. (B) Clerical amendment \nThe table of sections for part I of subchapter B of chapter 68 is amended by adding at the end the following new item: Sec. 6720D. Failure to include certain information with respect to employer activities relating to labor organizations.. (2) Third-party information reporting \n(A) In general \nSubpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6039J the following new section: 6039K. Information with respect to certain employer activities relating to labor organizations \n(a) In general \nAny person conducting activities described in section 162(e)(1)(E) on behalf of another person shall file a return (at such time and in such manner as the Secretary may by regulations prescribe, which includes the information described in subsection (b)). (b) Information To be provided \nInformation required under subsection (a) shall include— (1) the person on behalf of whom the activities described in section 162(e)(1)(E) were performed, (2) the dates that such activities described in such section took place, (3) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (4) the amounts paid or incurred for such activities, and (5) such other information as the Secretary may prescribe.. (B) Penalty \nSubparagraph (B) of section 6724(d)(1) of such Code is amended— (i) by striking the comma at the end of clause (xxvii), as added by the Infrastructure Investment and Jobs Act, and inserting , or , and (ii) by adding at the end the following new clause: (xxviii) section 6039K (relating to information with respect to certain employer activities relating to labor organizations), and. (C) Clerical amendment \nThe table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6039J the following new item: Sec. 6039K. Information with respect to certain employer activities relating to labor organizations..", "id": "H40E58F702AC84DA7BD9DC8F7A77F9FD9", "header": "Information reporting", "nested": [], "links": [ { "text": "29 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/401" }, { "text": "chapter 61", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/61" } ] }, { "text": "(e) Conforming amendments \n(1) The heading for subsection (e) of section 162 of the Internal Revenue Code of 1986 is amended by striking and political expenditures and inserting , political expenditures, and labor organization expenditures. (2) The heading of subparagraph (C) of section 162(e)(4) of such Code is amended by striking and political activities and inserting , political, and labor organization activities.", "id": "H7BA57FAB7401491E905A225E60527145", "header": "Conforming amendments", "nested": [], "links": [ { "text": "section 162", "legal-doc": "usc", "parsable-cite": "usc/26/162" } ] }, { "text": "(f) Effective date \nThe amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date that is 240 days after the date of the enactment of this Act.", "id": "H1C2525F2EE0141F995BFB88E7B894CD1", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 162(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/162" }, { "text": "Section 162(e)", "legal-doc": "usc", "parsable-cite": "usc/26/162" }, { "text": "29 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/29/402" }, { "text": "29 U.S.C. 157", "legal-doc": "usc", "parsable-cite": "usc/29/157" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" }, { "text": "29 U.S.C. 402", "legal-doc": "usc", "parsable-cite": "usc/29/402" }, { "text": "29 U.S.C. 159", "legal-doc": "usc", "parsable-cite": "usc/29/159" }, { "text": "45 U.S.C. 152", "legal-doc": "usc", "parsable-cite": "usc/45/152" }, { "text": "Section 162(e)(4)", "legal-doc": "usc", "parsable-cite": "usc/26/162" }, { "text": "29 U.S.C. 160", "legal-doc": "usc", "parsable-cite": "usc/29/160" }, { "text": "29 U.S.C. 158(a)", "legal-doc": "usc", "parsable-cite": "usc/29/158" }, { "text": "29 U.S.C. 158(a)", "legal-doc": "usc", "parsable-cite": "usc/29/158" }, { "text": "29 U.S.C. 160", "legal-doc": "usc", "parsable-cite": "usc/29/160" }, { "text": "45 U.S.C. 152", "legal-doc": "usc", "parsable-cite": "usc/45/152" }, { "text": "29 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/401" }, { "text": "29 U.S.C. 159(a)", "legal-doc": "usc", "parsable-cite": "usc/29/159" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" }, { "text": "15 U.S.C. 78m", "legal-doc": "usc", "parsable-cite": "usc/15/78m" }, { "text": "29 U.S.C. 159", "legal-doc": "usc", "parsable-cite": "usc/29/159" }, { "text": "29 U.S.C. 175a(a)", "legal-doc": "usc", "parsable-cite": "usc/29/175a" }, { "text": "29 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/151" }, { "text": "45 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/45/151" }, { "text": "29 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/401" }, { "text": "chapter 61", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/61" }, { "text": "section 162", "legal-doc": "usc", "parsable-cite": "usc/26/162" } ] }, { "text": "6720D. Failure to include certain information with respect to employer activities relating to labor organizations \n(a) In general \nIf any taxpayer who makes expenditures described in section 162(e)(1)(E) fails to provide with the return of tax for the taxable year to which such expenditures relate the information provided in subsection (c) with respect to such expenditures, or who fails to provide all of the information required under subsection (b) or fails to provide correct information, shall pay a penalty in the amount determined under subsection (b). (b) Determination of penalty amount \n(1) In general \nThe amount of the penalty under this section for any failure described in subsection (a) shall be the greater of— (A) $10,000, or (B) the product of $1,000 and the number of full time equivalent employees of the employer (as determined under section 45R(d)(2)). (2) Increased penalty where failure continues \n(A) In general \nIf any failure described in subsection (a) (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the taxpayer, the taxpayer shall pay a penalty (in addition to the amount of any penalty under paragraph (1)) equal to the amount determined under paragraph (1) for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. (B) Limitation \nThe penalty imposed under this paragraph with respect to any failure shall not exceed $100,000. (c) Information To be provided \nThe information required under this subsection shall include— (1) the dates that such activities described in section 162(e)(1)(E) took place, (2) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (3) the amounts paid or incurred for such activities, (4) a copy of any disclosures which are required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ), and (5) such other information as the Secretary may prescribe. (d) Reasonable cause exception \nNo penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect.", "id": "H559367AB0A4F4ED98348B51F1CCDF3EF", "header": "Failure to include certain information with respect to employer activities relating to labor organizations", "nested": [ { "text": "(a) In general \nIf any taxpayer who makes expenditures described in section 162(e)(1)(E) fails to provide with the return of tax for the taxable year to which such expenditures relate the information provided in subsection (c) with respect to such expenditures, or who fails to provide all of the information required under subsection (b) or fails to provide correct information, shall pay a penalty in the amount determined under subsection (b).", "id": "HC3F8035A471C4889A373C8845792B9F2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Determination of penalty amount \n(1) In general \nThe amount of the penalty under this section for any failure described in subsection (a) shall be the greater of— (A) $10,000, or (B) the product of $1,000 and the number of full time equivalent employees of the employer (as determined under section 45R(d)(2)). (2) Increased penalty where failure continues \n(A) In general \nIf any failure described in subsection (a) (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the taxpayer, the taxpayer shall pay a penalty (in addition to the amount of any penalty under paragraph (1)) equal to the amount determined under paragraph (1) for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. (B) Limitation \nThe penalty imposed under this paragraph with respect to any failure shall not exceed $100,000.", "id": "HDE4A3D2B1FED4808B52A20438B128DAA", "header": "Determination of penalty amount", "nested": [], "links": [] }, { "text": "(c) Information To be provided \nThe information required under this subsection shall include— (1) the dates that such activities described in section 162(e)(1)(E) took place, (2) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (3) the amounts paid or incurred for such activities, (4) a copy of any disclosures which are required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ), and (5) such other information as the Secretary may prescribe.", "id": "H08A084A90C44476D84EFAABE8B5FA266", "header": "Information To be provided", "nested": [], "links": [ { "text": "29 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/401" } ] }, { "text": "(d) Reasonable cause exception \nNo penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect.", "id": "HC86DFC6A54274FE19BEDD9546B3DAEE6", "header": "Reasonable cause exception", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/401" } ] }, { "text": "6039K. Information with respect to certain employer activities relating to labor organizations \n(a) In general \nAny person conducting activities described in section 162(e)(1)(E) on behalf of another person shall file a return (at such time and in such manner as the Secretary may by regulations prescribe, which includes the information described in subsection (b)). (b) Information To be provided \nInformation required under subsection (a) shall include— (1) the person on behalf of whom the activities described in section 162(e)(1)(E) were performed, (2) the dates that such activities described in such section took place, (3) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (4) the amounts paid or incurred for such activities, and (5) such other information as the Secretary may prescribe.", "id": "H2B61601454FD40CD9050C5F688C36138", "header": "Information with respect to certain employer activities relating to labor organizations", "nested": [ { "text": "(a) In general \nAny person conducting activities described in section 162(e)(1)(E) on behalf of another person shall file a return (at such time and in such manner as the Secretary may by regulations prescribe, which includes the information described in subsection (b)).", "id": "HA6960208CA5E49A38B00C08A04814687", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Information To be provided \nInformation required under subsection (a) shall include— (1) the person on behalf of whom the activities described in section 162(e)(1)(E) were performed, (2) the dates that such activities described in such section took place, (3) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (4) the amounts paid or incurred for such activities, and (5) such other information as the Secretary may prescribe.", "id": "H99BC147CB0A04269B7983CF762AE0971", "header": "Information To be provided", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title This Act may be cited as the No Tax Breaks for Union Busting (NTBUB) Act. 2. Findings Congress makes the following findings: (1) The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) declares that it is the right of employees to form, join, or assist labor organizations. (2) The National Labor Relations Act further declares that it is the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing.... (3) Despite Congress’ intention to give workers full agency in these matters, many employers regularly choose to involve themselves, lawfully or unlawfully, in the decisions of their employees about whether to avail themselves of their rights under the National Labor Relations Act and the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (4) Employers frequently violate labor laws around organizing and collective action. The Economic Policy Institute finds that in approximately 4 of 10 labor organization elections in 2016–2017 employers were charged with committing an unfair labor practice. Among larger bargaining units of 61 employees or more, over 54 percent of elections have an unfair labor practice charge. (5) In practice, these unfair labor practices often include charges such as employees being illegally fired for labor organization activity, refusal to bargain in good faith with labor organizations, or coercion and intimidation. Employers also frequently use captive audience meetings, workplace surveillance, and other lawful or unlawful tactics to sway labor organization elections. (6) Whether or not there are charges of unlawful behavior, employers spend millions of dollars to sway the opinions of their employees with respect to whether or how to exercise their rights under the National Labor Relations Act and the Railway Labor Act. According to the Economic Policy Institute, companies spent $340,000,000 yearly on outside consultants to sway their workers' opinions about labor organization activities. This and other spending interfere with the United States goal of encouraging the practice and procedure of collective bargaining. (7) The Internal Revenue Code of 1986 has long recognized that spending by businesses with the purpose of influencing the general public with respect to elections, while it may be lawful, is not tax deductible. Congress should extend that principle to spending done by employers to influence workers’ elections and collective bargaining decisions. These free choices to exercise the rights to engage in collective bargaining, labor organization representation, and other lawful collective activities should be made without taxpayer subsidies of undue outside influence from employers. 3. Denial of deduction for attempting to influence employees with respect to labor organizations or labor organization activities (a) In general Section 162(e)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or , and by adding at the end the following new subparagraph: (E) any attempt to influence the taxpayer's employees with respect to labor organizations or labor organization activities, including with respect to the opinion of such employees regarding such organizations or activities.. (b) Labor organizations; labor organization activities defined Section 162(e) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph: (6) Labor organizations and labor organization activity defined For purposes of this subsection— (A) Labor organization The term labor organization has the meaning given such term in section 3 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402 ). (B) Labor organization activity (i) In general The term labor organization activity means labor organization elections, labor disputes, collective actions, and such other related activities identified by the Secretary. (ii) Other terms For purposes of clause (i)— (I) Collective action The term collective action means any action, including collective bargaining, described in section 7 of the National Labor Relations Act ( 29 U.S.C. 157 ) or any action that is a right of employees or labor organizations under the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (II) Labor dispute The term labor dispute has the meaning given such term under section 3 of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 402 ). (III) Labor organization election The term labor organization election means any election described in section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ) or section 2 of the Railway Labor Act ( 45 U.S.C. 152 ).. (c) Special rules (1) In general Section 162(e)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Expenses relating to labor organizations or labor organization activities (i) In general For purposes of paragraph (1)(E), amounts paid or incurred in connection with attempting to influence the taxpayer's employees with respect to labor organizations or labor organization activities include— (I) any amount paid or incurred directly or indirectly by the taxpayer, including wages and other general and administrative costs, in connection with an action that results in— (aa) a complaint issued under section 10 of the National Labor Relations Act ( 29 U.S.C. 160 ) against the taxpayer for an unfair labor practice under section 8(a) of such Act ( 29 U.S.C. 158(a) ), (bb) a settlement offer related to an investigation by the National Labor Relations Board of a charge of an unfair labor practice under section 8(a) of such Act ( 29 U.S.C. 158(a) ) that results in a settlement of such charge without issuance of a complaint under section 10 of such Act ( 29 U.S.C. 160 ), or (cc) a finding of interference, influence, or coercion by a Federal court under section 2 of the Railway Labor Act ( 45 U.S.C. 152 ), (II) any amount paid or incurred directly or indirectly by the taxpayer, including wages and other general and administrative costs, in producing, conducting, or attending any meeting or training— (aa) which includes employees of the taxpayer who are or who could become members of a unit appropriate for the purposes of collective bargaining, and (bb) at which labor organizations or a labor organization activity is discussed, and (III) any amount which is required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ). (ii) Exceptions The following amounts shall not be treated as amounts paid or incurred in connection with attempting to influence the taxpayer's employees with respect to labor organizations or labor organization activities under paragraph (1)(E): (I) Amounts paid or incurred for communications or negotiations directly with the designated or selected representative of the employees of the taxpayer described in section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) or under the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (II) Amounts paid or incurred for communications directly with shareholders, as may be required under section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ). (III) Amounts paid or incurred for communications or consultations by the taxpayer in the process of voluntarily recognizing a labor organization as a representative in accordance with section 9 of the National Labor Relations Act ( 29 U.S.C. 159 ). (IV) Amounts paid or incurred with respect to the operation of a labor-management partnership described in a collective bargaining agreement in effect between a representative of employees of the taxpayer and the taxpayer, including a labor management committee established pursuant to section 205A(a) of the Labor Management Relations Act, 1947 ( 29 U.S.C. 175a(a) ). (V) Amounts paid or incurred for communications or consultations related to the operation of a grievance procedure described in a collective bargaining agreement in effect between a representative of employees of the taxpayer and the taxpayer. (VI) Amounts paid or incurred by a labor organization. (VII) Amounts paid or incurred for communication materials, including visual or audio media, required to be posted for, or provided to, employees of the taxpayer by law, including under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) or the Railway Labor Act ( 45 U.S.C. 151 et seq. ). (VIII) Amounts paid or incurred relating to a complaint which is issued by the National Labor Relations Board and which is set aside in full in accordance with subsection (e) or (f) of section 10 of such Act.. (2) Regulatory authority (A) In general Section 162(e) of such Code, as amended by subsection (b), is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: (7) Regulations The Secretary shall prescribe such guidance, rules, or regulations as are necessary to carry out the purposes of this subsection, including rules relating to the timing of any deductions in connection with amounts described in paragraph (4)(D)(ii)(VIII).. (B) Timing Not later than the date that is 240 days after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall prescribe guidance, rules, or regulations with respect to the application of the amendments made by this Act. (d) Information reporting (1) Certain information included in tax returns (A) In general Part I of subchapter B of chapter 68 is amended by adding at the end the following new section: 6720D. Failure to include certain information with respect to employer activities relating to labor organizations (a) In general If any taxpayer who makes expenditures described in section 162(e)(1)(E) fails to provide with the return of tax for the taxable year to which such expenditures relate the information provided in subsection (c) with respect to such expenditures, or who fails to provide all of the information required under subsection (b) or fails to provide correct information, shall pay a penalty in the amount determined under subsection (b). (b) Determination of penalty amount (1) In general The amount of the penalty under this section for any failure described in subsection (a) shall be the greater of— (A) $10,000, or (B) the product of $1,000 and the number of full time equivalent employees of the employer (as determined under section 45R(d)(2)). (2) Increased penalty where failure continues (A) In general If any failure described in subsection (a) (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the taxpayer, the taxpayer shall pay a penalty (in addition to the amount of any penalty under paragraph (1)) equal to the amount determined under paragraph (1) for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. (B) Limitation The penalty imposed under this paragraph with respect to any failure shall not exceed $100,000. (c) Information To be provided The information required under this subsection shall include— (1) the dates that such activities described in section 162(e)(1)(E) took place, (2) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (3) the amounts paid or incurred for such activities, (4) a copy of any disclosures which are required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ), and (5) such other information as the Secretary may prescribe. (d) Reasonable cause exception No penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect.. (B) Clerical amendment The table of sections for part I of subchapter B of chapter 68 is amended by adding at the end the following new item: Sec. 6720D. Failure to include certain information with respect to employer activities relating to labor organizations.. (2) Third-party information reporting (A) In general Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6039J the following new section: 6039K. Information with respect to certain employer activities relating to labor organizations (a) In general Any person conducting activities described in section 162(e)(1)(E) on behalf of another person shall file a return (at such time and in such manner as the Secretary may by regulations prescribe, which includes the information described in subsection (b)). (b) Information To be provided Information required under subsection (a) shall include— (1) the person on behalf of whom the activities described in section 162(e)(1)(E) were performed, (2) the dates that such activities described in such section took place, (3) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (4) the amounts paid or incurred for such activities, and (5) such other information as the Secretary may prescribe.. (B) Penalty Subparagraph (B) of section 6724(d)(1) of such Code is amended— (i) by striking the comma at the end of clause (xxvii), as added by the Infrastructure Investment and Jobs Act, and inserting , or , and (ii) by adding at the end the following new clause: (xxviii) section 6039K (relating to information with respect to certain employer activities relating to labor organizations), and. (C) Clerical amendment The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6039J the following new item: Sec. 6039K. Information with respect to certain employer activities relating to labor organizations.. (e) Conforming amendments (1) The heading for subsection (e) of section 162 of the Internal Revenue Code of 1986 is amended by striking and political expenditures and inserting , political expenditures, and labor organization expenditures. (2) The heading of subparagraph (C) of section 162(e)(4) of such Code is amended by striking and political activities and inserting , political, and labor organization activities. (f) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date that is 240 days after the date of the enactment of this Act. 6720D. Failure to include certain information with respect to employer activities relating to labor organizations (a) In general If any taxpayer who makes expenditures described in section 162(e)(1)(E) fails to provide with the return of tax for the taxable year to which such expenditures relate the information provided in subsection (c) with respect to such expenditures, or who fails to provide all of the information required under subsection (b) or fails to provide correct information, shall pay a penalty in the amount determined under subsection (b). (b) Determination of penalty amount (1) In general The amount of the penalty under this section for any failure described in subsection (a) shall be the greater of— (A) $10,000, or (B) the product of $1,000 and the number of full time equivalent employees of the employer (as determined under section 45R(d)(2)). (2) Increased penalty where failure continues (A) In general If any failure described in subsection (a) (1) continues for more than 90 days after the day on which the Secretary mails notice of such failure to the taxpayer, the taxpayer shall pay a penalty (in addition to the amount of any penalty under paragraph (1)) equal to the amount determined under paragraph (1) for each 30-day period (or fraction thereof) during which such failure continues after the expiration of such 90-day period. (B) Limitation The penalty imposed under this paragraph with respect to any failure shall not exceed $100,000. (c) Information To be provided The information required under this subsection shall include— (1) the dates that such activities described in section 162(e)(1)(E) took place, (2) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (3) the amounts paid or incurred for such activities, (4) a copy of any disclosures which are required to be reported under the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 401 et seq. ), and (5) such other information as the Secretary may prescribe. (d) Reasonable cause exception No penalty shall be imposed by this section on any failure which is shown to be due to reasonable cause and not due to willful neglect. 6039K. Information with respect to certain employer activities relating to labor organizations (a) In general Any person conducting activities described in section 162(e)(1)(E) on behalf of another person shall file a return (at such time and in such manner as the Secretary may by regulations prescribe, which includes the information described in subsection (b)). (b) Information To be provided Information required under subsection (a) shall include— (1) the person on behalf of whom the activities described in section 162(e)(1)(E) were performed, (2) the dates that such activities described in such section took place, (3) a statement indicating whether the activity was an activity described in item (aa), (bb), or (cc) of section 162(e)(4)(D)(i)(I), (4) the amounts paid or incurred for such activities, and (5) such other information as the Secretary may prescribe.
18,090
[ "Ways and Means Committee" ]
118hr7169ih
118
hr
7,169
ih
To amend the Internal Revenue Code of 1986 to provide for the public reporting of certain contributions received by charitable organizations from foreign governments and foreign political parties.
[ { "text": "1. Short title \nThis Act may be cited as the Think Tank and Nonprofit Foreign Influence Disclosure Act.", "id": "HD4B7AAF4EA1942E1A133B10FEC3979E3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Foreign governments and foreign political parties attempt to influence the government and political system of the United States through donations to nonprofit charitable organizations especially think tanks and cultural organizations. (2) While institutions of higher learning are required to disclose foreign gifts to the Department of Education pursuant to the Higher Education Act, no such requirement exists for think tanks. (3) A number of think tanks and cultural organizations incorporated in the United States have received money from the United Front Work Department of the Chinese Communist Party—an organization based on conducting political warfare against enemies of the Chinese Communist Party and undermining democracy around the world. (4) The Department of Defense found in its Military and Strategic Developments Involving the People’s Republic of China 2019 Report that: China conducts influence operations against cultural institutions, media organizations, and the business, academic, and policy communities of the United States, other countries, and international institutions to achieve outcomes favorable to its security and military strategy objectives. … China harnesses academia and educational institutions, think tanks, and state-run media to advance its soft power campaign in support of China’s security interests.. (5) A report by the U.S. China Security and Economic Commission noted that a number of Washington, DC think tanks and universities have received funding from Tung Cheehwa, a vice chairman of the Chinese People’s Political Consultative Conference, which is a group that directs the United Front Work Department. (6) The Center for a New American Security noted in its 2019 report Rising to the China Challenge that: A number of U.S. universities, academic departments, individual scholars, think tanks, and other civil society organizations receive substantial funding from Beijing that is often targeted at shaping views and discourse on China. Higher degrees of transparency can help to ensure that this funding is not generating hidden forms of foreign lobbying, self censorship, or other activities that undermine core U.S. democratic principles.. (7) Bill Gertz of the Washington Free Beacon reported on August 28, 2018, that: In addition to Johns Hopkins, other think tanks linked to China and influential in American policy circles include the Brookings Institution, Atlantic Council, Center for American Progress, EastWest Institute, Carter Center, and the Carnegie Endowment for International Peace..", "id": "HA3D52F7C7034440AB83252A018299A30", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Annual disclosure of contributions from foreign governments and political parties by certain tax-exempt organizations \n(a) Reporting requirement \nSection 6033(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (15), by redesignating paragraph (16) as paragraph (17) and by inserting after paragraph (15) the following new paragraph: (16) with respect to each government of a foreign country (within the meaning of section 1(e) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(e) )) and each foreign political party (within the meaning of section 1(f) of such Act ( 22 U.S.C. 611(f) ) which made aggregate contributions and gifts to the organization during the year in excess of $50,000, the name of such government or political party and such aggregate amount, and. (b) Public disclosure \nSection 6104 of such Code is amended by adding at the end the following new subsection: (e) Public disclosure of certain information \nThe Secretary shall make publicly available in a searchable database the following information: (1) The information furnished under section 6033(b)(16) of the Internal Revenue Code of 1986, as amended by this section. (2) The name of the organization furnishing the information described in paragraph (1). (3) The aggregate amount reported under such section as having been received as contributions or gifts in each year from the People’s Republic of China and (stated separately) from the Chinese Communist Party.. (c) Effective date \nThe amendments made by this section shall apply to returns filed for taxable years beginning after the date of the enactment of this Act.", "id": "H4A8704647ED9445AB2A23BB9EF463B2B", "header": "Annual disclosure of contributions from foreign governments and political parties by certain tax-exempt organizations", "nested": [ { "text": "(a) Reporting requirement \nSection 6033(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (15), by redesignating paragraph (16) as paragraph (17) and by inserting after paragraph (15) the following new paragraph: (16) with respect to each government of a foreign country (within the meaning of section 1(e) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(e) )) and each foreign political party (within the meaning of section 1(f) of such Act ( 22 U.S.C. 611(f) ) which made aggregate contributions and gifts to the organization during the year in excess of $50,000, the name of such government or political party and such aggregate amount, and.", "id": "H5CCBF6327D344BFCBD541E33DA009386", "header": "Reporting requirement", "nested": [], "links": [ { "text": "Section 6033(b)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "22 U.S.C. 611(e)", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "22 U.S.C. 611(f)", "legal-doc": "usc", "parsable-cite": "usc/22/611" } ] }, { "text": "(b) Public disclosure \nSection 6104 of such Code is amended by adding at the end the following new subsection: (e) Public disclosure of certain information \nThe Secretary shall make publicly available in a searchable database the following information: (1) The information furnished under section 6033(b)(16) of the Internal Revenue Code of 1986, as amended by this section. (2) The name of the organization furnishing the information described in paragraph (1). (3) The aggregate amount reported under such section as having been received as contributions or gifts in each year from the People’s Republic of China and (stated separately) from the Chinese Communist Party..", "id": "HE71C6820A9DF4B3CA5D9BA7BB3A35057", "header": "Public disclosure", "nested": [], "links": [ { "text": "section 6033(b)(16)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to returns filed for taxable years beginning after the date of the enactment of this Act.", "id": "H185C855D55004C648D0DABC0AA5D6144", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 6033(b)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" }, { "text": "22 U.S.C. 611(e)", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "22 U.S.C. 611(f)", "legal-doc": "usc", "parsable-cite": "usc/22/611" }, { "text": "section 6033(b)(16)", "legal-doc": "usc", "parsable-cite": "usc/26/6033" } ] } ]
3
1. Short title This Act may be cited as the Think Tank and Nonprofit Foreign Influence Disclosure Act. 2. Findings Congress finds the following: (1) Foreign governments and foreign political parties attempt to influence the government and political system of the United States through donations to nonprofit charitable organizations especially think tanks and cultural organizations. (2) While institutions of higher learning are required to disclose foreign gifts to the Department of Education pursuant to the Higher Education Act, no such requirement exists for think tanks. (3) A number of think tanks and cultural organizations incorporated in the United States have received money from the United Front Work Department of the Chinese Communist Party—an organization based on conducting political warfare against enemies of the Chinese Communist Party and undermining democracy around the world. (4) The Department of Defense found in its Military and Strategic Developments Involving the People’s Republic of China 2019 Report that: China conducts influence operations against cultural institutions, media organizations, and the business, academic, and policy communities of the United States, other countries, and international institutions to achieve outcomes favorable to its security and military strategy objectives. … China harnesses academia and educational institutions, think tanks, and state-run media to advance its soft power campaign in support of China’s security interests.. (5) A report by the U.S. China Security and Economic Commission noted that a number of Washington, DC think tanks and universities have received funding from Tung Cheehwa, a vice chairman of the Chinese People’s Political Consultative Conference, which is a group that directs the United Front Work Department. (6) The Center for a New American Security noted in its 2019 report Rising to the China Challenge that: A number of U.S. universities, academic departments, individual scholars, think tanks, and other civil society organizations receive substantial funding from Beijing that is often targeted at shaping views and discourse on China. Higher degrees of transparency can help to ensure that this funding is not generating hidden forms of foreign lobbying, self censorship, or other activities that undermine core U.S. democratic principles.. (7) Bill Gertz of the Washington Free Beacon reported on August 28, 2018, that: In addition to Johns Hopkins, other think tanks linked to China and influential in American policy circles include the Brookings Institution, Atlantic Council, Center for American Progress, EastWest Institute, Carter Center, and the Carnegie Endowment for International Peace.. 3. Annual disclosure of contributions from foreign governments and political parties by certain tax-exempt organizations (a) Reporting requirement Section 6033(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (15), by redesignating paragraph (16) as paragraph (17) and by inserting after paragraph (15) the following new paragraph: (16) with respect to each government of a foreign country (within the meaning of section 1(e) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(e) )) and each foreign political party (within the meaning of section 1(f) of such Act ( 22 U.S.C. 611(f) ) which made aggregate contributions and gifts to the organization during the year in excess of $50,000, the name of such government or political party and such aggregate amount, and. (b) Public disclosure Section 6104 of such Code is amended by adding at the end the following new subsection: (e) Public disclosure of certain information The Secretary shall make publicly available in a searchable database the following information: (1) The information furnished under section 6033(b)(16) of the Internal Revenue Code of 1986, as amended by this section. (2) The name of the organization furnishing the information described in paragraph (1). (3) The aggregate amount reported under such section as having been received as contributions or gifts in each year from the People’s Republic of China and (stated separately) from the Chinese Communist Party.. (c) Effective date The amendments made by this section shall apply to returns filed for taxable years beginning after the date of the enactment of this Act.
4,361
[ "Ways and Means Committee" ]
118hr7110ih
118
hr
7,110
ih
To amend the Internal Revenue Code of 1986 to require building inspections for certain qualified low-income buildings.
[ { "text": "1. Short title \nThis Act may be cited as the Low Income Housing Tax Credit Landlord Accountability Act of 2024 or the LIHTC Landlord Accountability Act of 2024.", "id": "H3D99D5F397754817B4928C9A687F81D6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Low income housing tax credit building inspection requirements \n(a) In general \nSection 42(d)(2)(B) of the Internal Revenue Code of 1986 is amended in clause (iii) by striking and at the end, in clause (iv) by striking the period at the end and inserting , and , and by adding at the end the following new clause: (v) the building meets the requirements of applicable local, State, Federal, and Tribal laws relating to safety, habitability, or environment protection, as certified by an appropriately licensed professional during the credit period.. (b) Required annual reports \nSection 42(l)(2) of such Code is amended by striking may require taxpayers and inserting shall require each taxpayer that owns a qualified low-income building. (c) Physical condition assessment required \nSection 42(l)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (B) a physical condition assessment including photographs and a detailed narrative of the interior and exterior of the structure completed by an appropriately licensed professional— (i) evaluating the structural, physical, and health and safety conditions of the structural and mechanical systems of each such building, and (ii) providing cost estimates for maintaining the building and any necessary rehabilitation or remediation work.. (d) Report to Congress \nSection 42 of such Code is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Report to Congress \nThe Secretary shall annually submit a report to Congress summarizing the contents of returns submitted to the Secretary under subsection (l)(2) during the preceding calendar year.. (e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H5DF2517EB26742F1B453C93DC1DE9CBD", "header": "Low income housing tax credit building inspection requirements", "nested": [ { "text": "(a) In general \nSection 42(d)(2)(B) of the Internal Revenue Code of 1986 is amended in clause (iii) by striking and at the end, in clause (iv) by striking the period at the end and inserting , and , and by adding at the end the following new clause: (v) the building meets the requirements of applicable local, State, Federal, and Tribal laws relating to safety, habitability, or environment protection, as certified by an appropriately licensed professional during the credit period..", "id": "HF3F02C2B6C2F4B81B10B4D7062A53DAE", "header": "In general", "nested": [], "links": [ { "text": "Section 42(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/42" } ] }, { "text": "(b) Required annual reports \nSection 42(l)(2) of such Code is amended by striking may require taxpayers and inserting shall require each taxpayer that owns a qualified low-income building.", "id": "H963738AD139045D29B9722D9CF40FBC0", "header": "Required annual reports", "nested": [], "links": [] }, { "text": "(c) Physical condition assessment required \nSection 42(l)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (B) a physical condition assessment including photographs and a detailed narrative of the interior and exterior of the structure completed by an appropriately licensed professional— (i) evaluating the structural, physical, and health and safety conditions of the structural and mechanical systems of each such building, and (ii) providing cost estimates for maintaining the building and any necessary rehabilitation or remediation work..", "id": "H32A5893AF71F46E1B27ED60F6883F4BD", "header": "Physical condition assessment required", "nested": [], "links": [] }, { "text": "(d) Report to Congress \nSection 42 of such Code is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Report to Congress \nThe Secretary shall annually submit a report to Congress summarizing the contents of returns submitted to the Secretary under subsection (l)(2) during the preceding calendar year..", "id": "HD08F31F0F97743168B79E82DAF6E172E", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H98C3ADAEFB614E8EABC8AF8262E23858", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 42(d)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/26/42" } ] } ]
2
1. Short title This Act may be cited as the Low Income Housing Tax Credit Landlord Accountability Act of 2024 or the LIHTC Landlord Accountability Act of 2024. 2. Low income housing tax credit building inspection requirements (a) In general Section 42(d)(2)(B) of the Internal Revenue Code of 1986 is amended in clause (iii) by striking and at the end, in clause (iv) by striking the period at the end and inserting , and , and by adding at the end the following new clause: (v) the building meets the requirements of applicable local, State, Federal, and Tribal laws relating to safety, habitability, or environment protection, as certified by an appropriately licensed professional during the credit period.. (b) Required annual reports Section 42(l)(2) of such Code is amended by striking may require taxpayers and inserting shall require each taxpayer that owns a qualified low-income building. (c) Physical condition assessment required Section 42(l)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: (B) a physical condition assessment including photographs and a detailed narrative of the interior and exterior of the structure completed by an appropriately licensed professional— (i) evaluating the structural, physical, and health and safety conditions of the structural and mechanical systems of each such building, and (ii) providing cost estimates for maintaining the building and any necessary rehabilitation or remediation work.. (d) Report to Congress Section 42 of such Code is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Report to Congress The Secretary shall annually submit a report to Congress summarizing the contents of returns submitted to the Secretary under subsection (l)(2) during the preceding calendar year.. (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
2,073
[ "Ways and Means Committee" ]
118hr3975ih
118
hr
3,975
ih
To amend the National and Community Service Act of 1990 to establish service programs dedicated to digital equity, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the IT Service Corps Act.", "id": "HA7206DC6F38F4B0DB03BBFF9AC02A7EF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. State and national \n(a) State and national \nSection 122(b)(2) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(b)(2) ) is amended— (1) by redesignating subparagraph (I) as subparagraph (J); and (2) by inserting after subparagraph (H) the following: (I) A program that— (i) is dedicated to the achievement of digital equity in underserved communities, including through supporting digital inclusion activities and enhancing digital literacy among individuals in such communities; (ii) provides participants— (I) assistance in the development of professional and technical skills with respect to information technology, including— (aa) by providing and preparing participants with sufficient training to effectively operate, maintain, or otherwise adapt to new technologies related to information technology; and (bb) to the extent practicable, training and financial support for training that prepares such participants to acquire an industry recognized, vendor-neutral certification in information technology; (II) guidance that may be used in careers in information technology, or in pursuing further education or apprenticeships relating to information technology; (III) the necessary equipment, or assistance in purchasing such equipment, for such program, including computer devices and smartphones; and (IV) with mentors who are information technology professionals; (iii) in recruiting participants— (I) conducts outreach and recruitment in underserved communities and other local communities; and (II) gives consideration to individuals who are from a marginalized community or background, have been dislocated from their jobs as a result of the COVID–19 pandemic and subsequent economic crisis, or have experienced long-term unemployment; (iv) using data available by the Corporation, if any, with respect to participants, collects and reports to Congress workforce information on participants, including— (I) demographic data; (II) prior career background, including prior career industry, role, and years of experience; (III) future career intentions, including desired industry and role; and (IV) any job, education, or apprenticeship placements after participation in the program; and (v) defines the following terms as follows: (I) Digital equity \nThe term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States. (II) Digital inclusion \nThe term digital inclusion — (aa) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as— (AA) reliable fixed and wireless broadband internet service; (BB) internet-enabled devices that meet the needs of the user; and (CC) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and (bb) includes access to digital literacy training, quality technical support, and basic awareness of measures to ensure online privacy and cybersecurity. (III) Digital literacy \nThe term digital literacy means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. (IV) Underserved community \nThe term underserved community means a community with digital equity, health, financial, education, or housing disparities.. (b) National Civilian Community Corps \nSection 157(a)(1) of the National and Community Service Act of 1990 ( 42 U.S.C. 12617(a)(1) ) is amended by inserting before the semicolon the following: , which may include a program dedicated to digital equity described in section 122(b)(2)(I). (c) VISTA \nSection 103(a) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4953(a) ) is amended— (1) in paragraph (12), by striking and at the end; (2) in paragraph (13), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (14) in addressing digital equity, which meets the requirements of a program described in section 122(b)(2)(I) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(b)(2)(I) ).. (d) AmeriCorps Senior programs \nSection 225(b)(5) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 5025(b)(5) ) is amended by inserting before the period the following: , including a program dedicated to digital equity described in section 122(b)(2)(I) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(b)(2)(I) ).", "id": "H70250ACEF62C4316A0D6E9EFDA2E8891", "header": "State and national", "nested": [ { "text": "(a) State and national \nSection 122(b)(2) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(b)(2) ) is amended— (1) by redesignating subparagraph (I) as subparagraph (J); and (2) by inserting after subparagraph (H) the following: (I) A program that— (i) is dedicated to the achievement of digital equity in underserved communities, including through supporting digital inclusion activities and enhancing digital literacy among individuals in such communities; (ii) provides participants— (I) assistance in the development of professional and technical skills with respect to information technology, including— (aa) by providing and preparing participants with sufficient training to effectively operate, maintain, or otherwise adapt to new technologies related to information technology; and (bb) to the extent practicable, training and financial support for training that prepares such participants to acquire an industry recognized, vendor-neutral certification in information technology; (II) guidance that may be used in careers in information technology, or in pursuing further education or apprenticeships relating to information technology; (III) the necessary equipment, or assistance in purchasing such equipment, for such program, including computer devices and smartphones; and (IV) with mentors who are information technology professionals; (iii) in recruiting participants— (I) conducts outreach and recruitment in underserved communities and other local communities; and (II) gives consideration to individuals who are from a marginalized community or background, have been dislocated from their jobs as a result of the COVID–19 pandemic and subsequent economic crisis, or have experienced long-term unemployment; (iv) using data available by the Corporation, if any, with respect to participants, collects and reports to Congress workforce information on participants, including— (I) demographic data; (II) prior career background, including prior career industry, role, and years of experience; (III) future career intentions, including desired industry and role; and (IV) any job, education, or apprenticeship placements after participation in the program; and (v) defines the following terms as follows: (I) Digital equity \nThe term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States. (II) Digital inclusion \nThe term digital inclusion — (aa) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as— (AA) reliable fixed and wireless broadband internet service; (BB) internet-enabled devices that meet the needs of the user; and (CC) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and (bb) includes access to digital literacy training, quality technical support, and basic awareness of measures to ensure online privacy and cybersecurity. (III) Digital literacy \nThe term digital literacy means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. (IV) Underserved community \nThe term underserved community means a community with digital equity, health, financial, education, or housing disparities..", "id": "H1AF58BAEA4294451B78B16FEEFC34D72", "header": "State and national", "nested": [], "links": [ { "text": "42 U.S.C. 12572(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/12572" } ] }, { "text": "(b) National Civilian Community Corps \nSection 157(a)(1) of the National and Community Service Act of 1990 ( 42 U.S.C. 12617(a)(1) ) is amended by inserting before the semicolon the following: , which may include a program dedicated to digital equity described in section 122(b)(2)(I).", "id": "H5B86CD98C9DC45539437EDF1CA8A99EC", "header": "National Civilian Community Corps", "nested": [], "links": [ { "text": "42 U.S.C. 12617(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/12617" } ] }, { "text": "(c) VISTA \nSection 103(a) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4953(a) ) is amended— (1) in paragraph (12), by striking and at the end; (2) in paragraph (13), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (14) in addressing digital equity, which meets the requirements of a program described in section 122(b)(2)(I) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(b)(2)(I) )..", "id": "H63DD94D162084729BA4D1C04CBD111CD", "header": "VISTA", "nested": [], "links": [ { "text": "42 U.S.C. 4953(a)", "legal-doc": "usc", "parsable-cite": "usc/42/4953" }, { "text": "42 U.S.C. 12572(b)(2)(I)", "legal-doc": "usc", "parsable-cite": "usc/42/12572" } ] }, { "text": "(d) AmeriCorps Senior programs \nSection 225(b)(5) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 5025(b)(5) ) is amended by inserting before the period the following: , including a program dedicated to digital equity described in section 122(b)(2)(I) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(b)(2)(I) ).", "id": "HACA0BF8EB48040C7A5364B7924D341EC", "header": "AmeriCorps Senior programs", "nested": [], "links": [ { "text": "42 U.S.C. 5025(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/5025" }, { "text": "42 U.S.C. 12572(b)(2)(I)", "legal-doc": "usc", "parsable-cite": "usc/42/12572" } ] } ], "links": [ { "text": "42 U.S.C. 12572(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/12572" }, { "text": "42 U.S.C. 12617(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/12617" }, { "text": "42 U.S.C. 4953(a)", "legal-doc": "usc", "parsable-cite": "usc/42/4953" }, { "text": "42 U.S.C. 12572(b)(2)(I)", "legal-doc": "usc", "parsable-cite": "usc/42/12572" }, { "text": "42 U.S.C. 5025(b)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/5025" }, { "text": "42 U.S.C. 12572(b)(2)(I)", "legal-doc": "usc", "parsable-cite": "usc/42/12572" } ] } ]
2
1. Short title This Act may be cited as the IT Service Corps Act. 2. State and national (a) State and national Section 122(b)(2) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(b)(2) ) is amended— (1) by redesignating subparagraph (I) as subparagraph (J); and (2) by inserting after subparagraph (H) the following: (I) A program that— (i) is dedicated to the achievement of digital equity in underserved communities, including through supporting digital inclusion activities and enhancing digital literacy among individuals in such communities; (ii) provides participants— (I) assistance in the development of professional and technical skills with respect to information technology, including— (aa) by providing and preparing participants with sufficient training to effectively operate, maintain, or otherwise adapt to new technologies related to information technology; and (bb) to the extent practicable, training and financial support for training that prepares such participants to acquire an industry recognized, vendor-neutral certification in information technology; (II) guidance that may be used in careers in information technology, or in pursuing further education or apprenticeships relating to information technology; (III) the necessary equipment, or assistance in purchasing such equipment, for such program, including computer devices and smartphones; and (IV) with mentors who are information technology professionals; (iii) in recruiting participants— (I) conducts outreach and recruitment in underserved communities and other local communities; and (II) gives consideration to individuals who are from a marginalized community or background, have been dislocated from their jobs as a result of the COVID–19 pandemic and subsequent economic crisis, or have experienced long-term unemployment; (iv) using data available by the Corporation, if any, with respect to participants, collects and reports to Congress workforce information on participants, including— (I) demographic data; (II) prior career background, including prior career industry, role, and years of experience; (III) future career intentions, including desired industry and role; and (IV) any job, education, or apprenticeship placements after participation in the program; and (v) defines the following terms as follows: (I) Digital equity The term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States. (II) Digital inclusion The term digital inclusion — (aa) means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as— (AA) reliable fixed and wireless broadband internet service; (BB) internet-enabled devices that meet the needs of the user; and (CC) applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and (bb) includes access to digital literacy training, quality technical support, and basic awareness of measures to ensure online privacy and cybersecurity. (III) Digital literacy The term digital literacy means the skills associated with using technology to enable users to find, evaluate, organize, create, and communicate information. (IV) Underserved community The term underserved community means a community with digital equity, health, financial, education, or housing disparities.. (b) National Civilian Community Corps Section 157(a)(1) of the National and Community Service Act of 1990 ( 42 U.S.C. 12617(a)(1) ) is amended by inserting before the semicolon the following: , which may include a program dedicated to digital equity described in section 122(b)(2)(I). (c) VISTA Section 103(a) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4953(a) ) is amended— (1) in paragraph (12), by striking and at the end; (2) in paragraph (13), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (14) in addressing digital equity, which meets the requirements of a program described in section 122(b)(2)(I) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(b)(2)(I) ).. (d) AmeriCorps Senior programs Section 225(b)(5) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 5025(b)(5) ) is amended by inserting before the period the following: , including a program dedicated to digital equity described in section 122(b)(2)(I) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(b)(2)(I) ).
4,647
[ "Education and the Workforce Committee" ]
118hr2809ih
118
hr
2,809
ih
To authorize an electronic health record modernization program of the Department of Veterans Affairs and increase oversight and accountability of the program to better serve veterans, medical professionals of the Department, and taxpayers, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Electronic Health Record Program Restructure, Enhance, Strengthen, and Empower Technology Act of 2023 or the EHR Program RESET Act of 2023. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Program establishment, structure, management, and objectives Sec. 101. Establishment of electronic health record and health information technology modernization program and program office of Department of Veterans Affairs. Sec. 102. Establishment of Department of Veterans Affairs advisory subcommittee on electronic health record and health information technology modernization. TITLE II—Deployment criteria and thresholds to advance Sec. 201. Requirement to exceed or meet certain health care performance baseline or national metrics for continuation of electronic health record modernization program of Department of Veterans Affairs. Sec. 202. Requirements before continued deployment of new electronic health record by Department of Veterans Affairs at additional locations and facilities. Sec. 203. Sense of Congress on training and change management activities for deployment of new electronic health record. TITLE III—Enhanced support for health care and other facilities deploying new electronic health record Sec. 301. Report on support to facilities for new electronic health record deployment by Department of Veterans Affairs. Sec. 302. Modification of quarterly report to include information on system stability, satisfaction, morale, retention of staff, training, and change management with respect to new electronic health record of Department of Veterans Affairs. TITLE IV—Contracting and acquisition oversight and reform Sec. 401. Termination of contract with Oracle Cerner for training and change management. Sec. 402. Strengthening contract negotiation by Department of Veterans Affairs with respect to new electronic health record and designation of lead contract negotiator. Sec. 403. Independent verification and validation of certain major modernization efforts of Department of Veterans Affairs. Sec. 404. Annual report on efforts to maintain VistA electronic health record system. Sec. 405. Report on alternatives to current electronic health record technology and contract for Department of Veterans Affairs. Sec. 406. Report on leadership, acquisition, and contracting oversight lessons learned. Sec. 407. Report on contract savings, services provided at no cost to the Department, and contract cost incurred with respect to Oracle-Cerner product. TITLE V—Coordination with Department of Defense Sec. 501. Quarterly reports on system uptime, modernization, and coordination activities for information technology systems and policies of Department of Defense affecting operations of Department of Veterans Affairs. Sec. 502. Coordination with Department of Defense regarding information technology programs, systems, and services. TITLE VI—Other matters Sec. 601. Report on legislative action required. Sec. 602. Report on current and future State interoperability with legacy electronic health record, new electronic health record, and future potential electronic health record and other health information technology and exchanges.", "id": "H339CA3CA3FF442498F122C4D905D53D5", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Electronic Health Record Program Restructure, Enhance, Strengthen, and Empower Technology Act of 2023 or the EHR Program RESET Act of 2023.", "id": "HB7934C0F459C41A593B29D363551F9A5", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Program establishment, structure, management, and objectives Sec. 101. Establishment of electronic health record and health information technology modernization program and program office of Department of Veterans Affairs. Sec. 102. Establishment of Department of Veterans Affairs advisory subcommittee on electronic health record and health information technology modernization. TITLE II—Deployment criteria and thresholds to advance Sec. 201. Requirement to exceed or meet certain health care performance baseline or national metrics for continuation of electronic health record modernization program of Department of Veterans Affairs. Sec. 202. Requirements before continued deployment of new electronic health record by Department of Veterans Affairs at additional locations and facilities. Sec. 203. Sense of Congress on training and change management activities for deployment of new electronic health record. TITLE III—Enhanced support for health care and other facilities deploying new electronic health record Sec. 301. Report on support to facilities for new electronic health record deployment by Department of Veterans Affairs. Sec. 302. Modification of quarterly report to include information on system stability, satisfaction, morale, retention of staff, training, and change management with respect to new electronic health record of Department of Veterans Affairs. TITLE IV—Contracting and acquisition oversight and reform Sec. 401. Termination of contract with Oracle Cerner for training and change management. Sec. 402. Strengthening contract negotiation by Department of Veterans Affairs with respect to new electronic health record and designation of lead contract negotiator. Sec. 403. Independent verification and validation of certain major modernization efforts of Department of Veterans Affairs. Sec. 404. Annual report on efforts to maintain VistA electronic health record system. Sec. 405. Report on alternatives to current electronic health record technology and contract for Department of Veterans Affairs. Sec. 406. Report on leadership, acquisition, and contracting oversight lessons learned. Sec. 407. Report on contract savings, services provided at no cost to the Department, and contract cost incurred with respect to Oracle-Cerner product. TITLE V—Coordination with Department of Defense Sec. 501. Quarterly reports on system uptime, modernization, and coordination activities for information technology systems and policies of Department of Defense affecting operations of Department of Veterans Affairs. Sec. 502. Coordination with Department of Defense regarding information technology programs, systems, and services. TITLE VI—Other matters Sec. 601. Report on legislative action required. Sec. 602. Report on current and future State interoperability with legacy electronic health record, new electronic health record, and future potential electronic health record and other health information technology and exchanges.", "id": "H69E6AD59BE514A668A9FA19536048901", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nExcept as otherwise provided, in this Act: (1) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. (2) Department \nThe term Department means the Department of Veterans Affairs. (3) Deputy Secretary \nThe term Deputy Secretary means the Deputy Secretary of Veterans Affairs. (4) Fourth Mission \nThe term Fourth Mission means the mission of the Department to improve the preparedness of the United States for response to war, terrorism, national emergency, and natural disaster. (5) Modernization; modernize \nThe terms modernization and modernize , with respect to the electronic health record and other relevant health information technology systems of the Department, means to replace, in whole or in part, overhaul, or upgrade such record or other system in a manner that gives such record or other system longevity and ability to constantly be updated to meet the needs of veterans, employees of the Department, and the Department. (6) New electronic health record \nThe term new electronic health record means any electronic health record provided for the Department on or after the date of the enactment of this Act, including pursuant to a contract entered into by the Department. (7) Oracle-Cerner product \nThe term Oracle-Cerner product means the product provided under the contract entered into by the Department with Cerner pursuant to the electronic health record modernization program of the Department before the date of the enactment of this Act. (8) Secretary \nThe term Secretary means the Secretary of Veterans Affairs. (9) Under Secretary \nThe term Under Secretary means the Under Secretary for Health of the Department of Veterans Affairs.", "id": "H6B35DEF6EA3547C49CEF107BFCEE7339", "header": "Definitions", "nested": [], "links": [] }, { "text": "101. Establishment of electronic health record and health information technology modernization program and program office of Department of Veterans Affairs \n(a) Establishment of program \n(1) Establishment \nThere is established within the Veterans Health Administration a program to modernize the electronic health record and other relevant health information technology systems of the Department (in this section referred to as the Program ). (2) Purpose and goals \nThe purpose and goals of the Program are as follows: (A) To deliver an electronic health record, platform, and related systems that allow the Department to deliver, as measured by quantifiable industry and Department-specific metrics, improved standardized workflows and consistent, quality health care to veterans through a modern, user-friendly, electronic health record and related systems that allow medical professionals of the Department to deliver health care to veterans safely. (B) To increase the productivity, efficiency, retention, satisfaction, and experience of such medical professionals. (C) To improve veteran experience and health outcomes. (D) To improve quality and coordination of care, reduce unnecessary variation, and improve data management. (E) To maintain, strengthen, and expand the research and development activities of the Department to include those activities required under title 38, United States Code. (F) To maintain and strengthen the ability of the Department to carry out Fourth Mission requirements, to include the requirements under title 38, United States Code. (G) To protect the health and other personal identifying information of veterans from being monetized, sold, or otherwise misused by any internal or external entity conducting work for, with, or on behalf of the Department. (H) To protect the health and other personal identifying information of veterans or other users of the electronic health record or other programs or services of the Department from cyber attacks, identity theft, and other cyber and security threats. (I) To deliver— (i) operational value to the Department from the use of the electronic health record and related systems; (ii) business value and return on investment to the Department from improvement to the electronic health record and related systems across all relevant domains, to include cyber and other security, business, and financial operations; and (iii) an evolving level of advanced interoperability of the electronic health record with the greatest number of electronic health record systems, platforms, services, and related interfaces in the Federal, private, nonprofit, and other relevant health sectors. (J) To develop health information technology modernization strategies and implementation plans that provide the Department with the most flexibility to continuously modernize the health information technology systems of the Department in an agile manner, not committed to any one particular vendor or vendors or technology solution or solutions, commonly known as vendor lock , and respond to new trends in the health information technology industry in real time, allowing for relevant and appropriate integration with other health information technology platforms and services. (K) To aggressively manage and monitor the implementation of all contracts and services procured by the Department related to such electronic health record and related services to control cost, ensure best value, monitor, and evaluate delivery of the services procured in line with program goals and desired outcomes. (L) To carry out the purposes and goals described in subparagraphs (A) through (K) at the most effective short-, medium-, and long-term cost to the Federal Government using industry and government best practices so as to protect taxpayers. (M) Such other purposes or goals as determined— (i) pursuant to the report submitted under subsection (b)(6); or (ii) by the Secretary, the Deputy Secretary, or the Under Secretary pursuant to a report submitted to the appropriate committees of Congress describing any new purpose or goal for the Program not later than 90 days after adding such purpose or goal to the Program. (b) Establishment of Program Management Office \n(1) In general \nThere is established within the Veterans Health Administration the Electronic Health Record and Health Information Technology Modernization Program Management Office (referred to in this section as the Office ). The Secretary or the Deputy Secretary may rename the Office and upon renaming such office shall notify Congress not later than 60 days after such renaming. (2) Organizational location of Office \n(A) In general \nThe Under Secretary shall determine the appropriate organizational location within the Veterans Health Administration for the Office so as to align responsibilities within existing or newly formed clinical, patient safety, health informatics, finance, and other business operations of the Veterans Health Administration. (B) Reorganization of office \nThe Secretary, the Deputy Secretary, and the Under Secretary may move or reorganize the organizational location of the Office only after notifying the appropriate committees of Congress not later than 90 days before such move or reorganization. (3) Leadership and staff \n(A) Executive Director \nThe Under Secretary shall establish a leader to be responsible for the Office, to be known as the Executive Director of the Electronic Health Record and Health Information Technology Modernization Program Management Office. (B) Program Functional Champion \n(i) In general \nThe Under Secretary shall establish a Functional Champion of the Program who will serve with the Executive Director of the Office. (ii) Duties \nThe duties of the Functional Champion are— (I) to be the lead clinical executive to guide and address functional initiatives to support medical personnel of the Department in the deployment of a new electronic health record and other health information technology products; and (II) to carry out such additional duties as the Under Secretary and the Executive Director of the Office may prescribe. (C) Other offices and positions \n(i) In general \nThe Under Secretary shall direct the establishment of various other relevant sub-offices and positions for the Office as the Under Secretary considers necessary drawing upon best practices from the Department, the Department of Defense, and other government, private sector, and nonprofit models and develop an organizational model tailored to the Department for business and management effectiveness. (ii) Types of sub-offices \nAt a minimum, within the Office there shall be offices dedicated to— (I) training; (II) change management; (III) communications; (IV) field support; (V) contract task order development, monitoring, and oversight; (VI) metrics, performance, and value; and (VII) quality and safety. (iii) Sense of Congress \nIt is the sense of Congress that— (I) the Department should develop a model under clause (i) that is driven by best practices from government and industry but not replicate for the sake of replication structures used by the Department of Defense or elsewhere that do not factor in the patient population, unique mission, Fourth Mission requirements, and research requirements of the Department, and other relevant factors; and (II) the structure of such model should be driven by the objectives of the Office and the desired end state to improve value and quality of care and health outcomes for veterans while improving provider efficiency and productivity and operations of the Department. (4) Function and duties \n(A) Function \nThe function of the Office shall be, with respect to all aspects of the modernization or replacement of the electronic health record and other key health information technology and services of the Department— (i) to develop and execute strategy in coordination with relevant offices and entities of the Department; and (ii) to perform management, oversight, and accountability, including over all contracts, coordination, planning, management, and implementation. (B) Duties \nThe duties of the Office shall include the following: (i) Ensuring the Program delivers the tools medical professionals of the Department need to safely deliver care to veterans while increasing productivity, satisfaction, and efficiency as measured by metrics. (ii) Organizing all of the relevant health, business, informatics, and related offices of the Veterans Health Administration to ensure a coordinated strategy regarding the new electronic health record and other current and future key health information technology and services of the Department. (iii) Coordinating with other offices and entities of the Department with key dependencies and responsibilities in the success of the Program or operational needs for the services of the Program, including the Office of Information and Technology, the Veterans Benefits Administration, and other relevant offices. (iv) Ensuring the stability and security of the new electronic health record and other current and future key health information technology and services of the Department. (v) Oversight of work performed by contractors regarding such record, technology, and services. (vi) Developing a health information technology strategy of the Department— (I) to increase quality of care, health outcomes, and experience of care received by veterans; (II) to increase value to business and health operations of the Department; (III) to enable the further recruitment and retention of medical professionals; and (IV) to coherently define how disparate health information technology efforts of the Department can be aligned to deliver on that strategy with concrete goals, metrics, and outcomes. (vii) Developing goals, key performance indicators, and metrics to evaluate such record, technology, and services, including with respect to financial performance, provider productivity, and health performance. (viii) Monitoring such goals, performance indicators, and metrics to develop actions for when such goals, performance indicators, and metrics have not been met. (ix) Improvement of business operations of the Department relating to such record, technology, and services. (x) Such other matters as the Secretary, the Deputy Secretary, or the Under Secretary consider appropriate. (5) Report on establishment of Office \n(A) In general \nNot later than 90 days after the date of the enactment of this Act, the Deputy Secretary, the Under Secretary, and the Chief Information Officer of the Department shall submit to the appropriate committees of Congress a single report outlining the establishment of the Office and its current strengths and weaknesses. (B) Elements \nThe report required under subparagraph (A) shall include— (i) a clear articulation of the objective of the Program and how that objective is tied to the broader health information technology modernization strategy and health care mission of the Department, which shall include functional and technical quality standards to define success of the Program based on clear demonstration of improved health and business operational metrics; (ii) a strategy describing how technology procured by the Department shall be part of a comprehensive approach for using health information technology, models of care delivery, and research conducted by the Department to strengthen services for veterans and veteran engagement; (iii) concrete steps for how the Department will use internal and external resources to operationalize the strategy under clause (ii) through technical and functional engineering expertise to streamline the organization and governance of the Office of Information and Technology, the Veterans Health Administration, and other relevant offices or entities of the Department to enact that strategy; (iv) an assessment of the current and desired future state, with timelines to achieve such future state, of enterprise business and technical architecture, information technology product consolidation and management, information technology governance, business and clinical process standardization and quality control of the Department and the steps that are or will be taken in response to that assessment, including a timeline for execution of those reforms; and (v) a description, as of the date of the report, of the current status of the objectives of the Office, whether those objectives are being met, and if they are not being met the steps the Department will take, including a timeline, to achieve those objectives. (c) Deputy Chief Information Officer for Electronic Health Record and Health Information Technology \n(1) Establishment \nThere is established within the Office of Information and Technology of the Department a Deputy Chief Information Officer for Electronic Health Record and Health Information Technology who shall be accountable for all technical implementation of the modernization of the electronic health record and health information technology, in coordination with the Program and the Office. (2) Renaming \nThe Chief Information Officer of the Department may rename the position established under paragraph (1) and upon renaming such position shall notify Congress not later than 90 days after such renaming. (3) Chain of command \nThe Deputy Chief Information Officer for Electronic Health Record and Health Information Technology of the Department shall report to the Chief Information Officer and the Assistant Secretary for Information and Technology of the Department. (4) Duties \nThe Deputy Chief Information Officer for Electronic Health Record and Health Information Technology of the Department shall be responsible for organizing all functions of the Office of Information and Technology of the Department to support the modernization of the electronic health record and health information technology of the Department, including cyber security, system stability and uptime, system performance, and integration with relevant platforms, systems, and services, including those of the Department of Defense and other Federal agencies. (5) Additional guidance \nThe Chief Information Officer of the Department may provide additional or modified guidance for the role of Deputy Chief Information Officer for Electronic Health Record and Health Information Technology of the Department. (d) Administrative matters \n(1) Accountability and oversight for program \nThe Deputy Secretary shall be the accountable official for the Program, oversee the Program, and may direct resources, subject to appropriations, throughout the Department, particularly to the Veterans Health Administration and the Office of Information and Technology of the Department, to facilitate successful planning, management, oversight, and execution of the Program. (2) Responsibility for program and office \nThe Under Secretary shall be the responsible official for the Program and the Office, working together with the Executive Director of the Office. The Under Secretary and the Executive Director of the Office shall be directly responsible and in charge of the daily work of the Program and the Office. (3) Tracking and reporting of funds \nAny funds directed by the Deputy Secretary to other entities of the Department to support the Program or the Office shall be tracked and reported as falling under the Program regardless of the office that manages and executes those particular funds.", "id": "HE104ADE2E6CC4BEB938906CA5D4B822D", "header": "Establishment of electronic health record and health information technology modernization program and program office of Department of Veterans Affairs", "nested": [ { "text": "(a) Establishment of program \n(1) Establishment \nThere is established within the Veterans Health Administration a program to modernize the electronic health record and other relevant health information technology systems of the Department (in this section referred to as the Program ). (2) Purpose and goals \nThe purpose and goals of the Program are as follows: (A) To deliver an electronic health record, platform, and related systems that allow the Department to deliver, as measured by quantifiable industry and Department-specific metrics, improved standardized workflows and consistent, quality health care to veterans through a modern, user-friendly, electronic health record and related systems that allow medical professionals of the Department to deliver health care to veterans safely. (B) To increase the productivity, efficiency, retention, satisfaction, and experience of such medical professionals. (C) To improve veteran experience and health outcomes. (D) To improve quality and coordination of care, reduce unnecessary variation, and improve data management. (E) To maintain, strengthen, and expand the research and development activities of the Department to include those activities required under title 38, United States Code. (F) To maintain and strengthen the ability of the Department to carry out Fourth Mission requirements, to include the requirements under title 38, United States Code. (G) To protect the health and other personal identifying information of veterans from being monetized, sold, or otherwise misused by any internal or external entity conducting work for, with, or on behalf of the Department. (H) To protect the health and other personal identifying information of veterans or other users of the electronic health record or other programs or services of the Department from cyber attacks, identity theft, and other cyber and security threats. (I) To deliver— (i) operational value to the Department from the use of the electronic health record and related systems; (ii) business value and return on investment to the Department from improvement to the electronic health record and related systems across all relevant domains, to include cyber and other security, business, and financial operations; and (iii) an evolving level of advanced interoperability of the electronic health record with the greatest number of electronic health record systems, platforms, services, and related interfaces in the Federal, private, nonprofit, and other relevant health sectors. (J) To develop health information technology modernization strategies and implementation plans that provide the Department with the most flexibility to continuously modernize the health information technology systems of the Department in an agile manner, not committed to any one particular vendor or vendors or technology solution or solutions, commonly known as vendor lock , and respond to new trends in the health information technology industry in real time, allowing for relevant and appropriate integration with other health information technology platforms and services. (K) To aggressively manage and monitor the implementation of all contracts and services procured by the Department related to such electronic health record and related services to control cost, ensure best value, monitor, and evaluate delivery of the services procured in line with program goals and desired outcomes. (L) To carry out the purposes and goals described in subparagraphs (A) through (K) at the most effective short-, medium-, and long-term cost to the Federal Government using industry and government best practices so as to protect taxpayers. (M) Such other purposes or goals as determined— (i) pursuant to the report submitted under subsection (b)(6); or (ii) by the Secretary, the Deputy Secretary, or the Under Secretary pursuant to a report submitted to the appropriate committees of Congress describing any new purpose or goal for the Program not later than 90 days after adding such purpose or goal to the Program.", "id": "HCF7AF6C9D0F6421781F2ABB58DB3C12B", "header": "Establishment of program", "nested": [], "links": [] }, { "text": "(b) Establishment of Program Management Office \n(1) In general \nThere is established within the Veterans Health Administration the Electronic Health Record and Health Information Technology Modernization Program Management Office (referred to in this section as the Office ). The Secretary or the Deputy Secretary may rename the Office and upon renaming such office shall notify Congress not later than 60 days after such renaming. (2) Organizational location of Office \n(A) In general \nThe Under Secretary shall determine the appropriate organizational location within the Veterans Health Administration for the Office so as to align responsibilities within existing or newly formed clinical, patient safety, health informatics, finance, and other business operations of the Veterans Health Administration. (B) Reorganization of office \nThe Secretary, the Deputy Secretary, and the Under Secretary may move or reorganize the organizational location of the Office only after notifying the appropriate committees of Congress not later than 90 days before such move or reorganization. (3) Leadership and staff \n(A) Executive Director \nThe Under Secretary shall establish a leader to be responsible for the Office, to be known as the Executive Director of the Electronic Health Record and Health Information Technology Modernization Program Management Office. (B) Program Functional Champion \n(i) In general \nThe Under Secretary shall establish a Functional Champion of the Program who will serve with the Executive Director of the Office. (ii) Duties \nThe duties of the Functional Champion are— (I) to be the lead clinical executive to guide and address functional initiatives to support medical personnel of the Department in the deployment of a new electronic health record and other health information technology products; and (II) to carry out such additional duties as the Under Secretary and the Executive Director of the Office may prescribe. (C) Other offices and positions \n(i) In general \nThe Under Secretary shall direct the establishment of various other relevant sub-offices and positions for the Office as the Under Secretary considers necessary drawing upon best practices from the Department, the Department of Defense, and other government, private sector, and nonprofit models and develop an organizational model tailored to the Department for business and management effectiveness. (ii) Types of sub-offices \nAt a minimum, within the Office there shall be offices dedicated to— (I) training; (II) change management; (III) communications; (IV) field support; (V) contract task order development, monitoring, and oversight; (VI) metrics, performance, and value; and (VII) quality and safety. (iii) Sense of Congress \nIt is the sense of Congress that— (I) the Department should develop a model under clause (i) that is driven by best practices from government and industry but not replicate for the sake of replication structures used by the Department of Defense or elsewhere that do not factor in the patient population, unique mission, Fourth Mission requirements, and research requirements of the Department, and other relevant factors; and (II) the structure of such model should be driven by the objectives of the Office and the desired end state to improve value and quality of care and health outcomes for veterans while improving provider efficiency and productivity and operations of the Department. (4) Function and duties \n(A) Function \nThe function of the Office shall be, with respect to all aspects of the modernization or replacement of the electronic health record and other key health information technology and services of the Department— (i) to develop and execute strategy in coordination with relevant offices and entities of the Department; and (ii) to perform management, oversight, and accountability, including over all contracts, coordination, planning, management, and implementation. (B) Duties \nThe duties of the Office shall include the following: (i) Ensuring the Program delivers the tools medical professionals of the Department need to safely deliver care to veterans while increasing productivity, satisfaction, and efficiency as measured by metrics. (ii) Organizing all of the relevant health, business, informatics, and related offices of the Veterans Health Administration to ensure a coordinated strategy regarding the new electronic health record and other current and future key health information technology and services of the Department. (iii) Coordinating with other offices and entities of the Department with key dependencies and responsibilities in the success of the Program or operational needs for the services of the Program, including the Office of Information and Technology, the Veterans Benefits Administration, and other relevant offices. (iv) Ensuring the stability and security of the new electronic health record and other current and future key health information technology and services of the Department. (v) Oversight of work performed by contractors regarding such record, technology, and services. (vi) Developing a health information technology strategy of the Department— (I) to increase quality of care, health outcomes, and experience of care received by veterans; (II) to increase value to business and health operations of the Department; (III) to enable the further recruitment and retention of medical professionals; and (IV) to coherently define how disparate health information technology efforts of the Department can be aligned to deliver on that strategy with concrete goals, metrics, and outcomes. (vii) Developing goals, key performance indicators, and metrics to evaluate such record, technology, and services, including with respect to financial performance, provider productivity, and health performance. (viii) Monitoring such goals, performance indicators, and metrics to develop actions for when such goals, performance indicators, and metrics have not been met. (ix) Improvement of business operations of the Department relating to such record, technology, and services. (x) Such other matters as the Secretary, the Deputy Secretary, or the Under Secretary consider appropriate. (5) Report on establishment of Office \n(A) In general \nNot later than 90 days after the date of the enactment of this Act, the Deputy Secretary, the Under Secretary, and the Chief Information Officer of the Department shall submit to the appropriate committees of Congress a single report outlining the establishment of the Office and its current strengths and weaknesses. (B) Elements \nThe report required under subparagraph (A) shall include— (i) a clear articulation of the objective of the Program and how that objective is tied to the broader health information technology modernization strategy and health care mission of the Department, which shall include functional and technical quality standards to define success of the Program based on clear demonstration of improved health and business operational metrics; (ii) a strategy describing how technology procured by the Department shall be part of a comprehensive approach for using health information technology, models of care delivery, and research conducted by the Department to strengthen services for veterans and veteran engagement; (iii) concrete steps for how the Department will use internal and external resources to operationalize the strategy under clause (ii) through technical and functional engineering expertise to streamline the organization and governance of the Office of Information and Technology, the Veterans Health Administration, and other relevant offices or entities of the Department to enact that strategy; (iv) an assessment of the current and desired future state, with timelines to achieve such future state, of enterprise business and technical architecture, information technology product consolidation and management, information technology governance, business and clinical process standardization and quality control of the Department and the steps that are or will be taken in response to that assessment, including a timeline for execution of those reforms; and (v) a description, as of the date of the report, of the current status of the objectives of the Office, whether those objectives are being met, and if they are not being met the steps the Department will take, including a timeline, to achieve those objectives.", "id": "H5A08B60745BB4B1F909B85E416B2BE09", "header": "Establishment of Program Management Office", "nested": [], "links": [] }, { "text": "(c) Deputy Chief Information Officer for Electronic Health Record and Health Information Technology \n(1) Establishment \nThere is established within the Office of Information and Technology of the Department a Deputy Chief Information Officer for Electronic Health Record and Health Information Technology who shall be accountable for all technical implementation of the modernization of the electronic health record and health information technology, in coordination with the Program and the Office. (2) Renaming \nThe Chief Information Officer of the Department may rename the position established under paragraph (1) and upon renaming such position shall notify Congress not later than 90 days after such renaming. (3) Chain of command \nThe Deputy Chief Information Officer for Electronic Health Record and Health Information Technology of the Department shall report to the Chief Information Officer and the Assistant Secretary for Information and Technology of the Department. (4) Duties \nThe Deputy Chief Information Officer for Electronic Health Record and Health Information Technology of the Department shall be responsible for organizing all functions of the Office of Information and Technology of the Department to support the modernization of the electronic health record and health information technology of the Department, including cyber security, system stability and uptime, system performance, and integration with relevant platforms, systems, and services, including those of the Department of Defense and other Federal agencies. (5) Additional guidance \nThe Chief Information Officer of the Department may provide additional or modified guidance for the role of Deputy Chief Information Officer for Electronic Health Record and Health Information Technology of the Department.", "id": "H3A90B1A5DD6F4029801C1ECEC0E20311", "header": "Deputy Chief Information Officer for Electronic Health Record and Health Information Technology", "nested": [], "links": [] }, { "text": "(d) Administrative matters \n(1) Accountability and oversight for program \nThe Deputy Secretary shall be the accountable official for the Program, oversee the Program, and may direct resources, subject to appropriations, throughout the Department, particularly to the Veterans Health Administration and the Office of Information and Technology of the Department, to facilitate successful planning, management, oversight, and execution of the Program. (2) Responsibility for program and office \nThe Under Secretary shall be the responsible official for the Program and the Office, working together with the Executive Director of the Office. The Under Secretary and the Executive Director of the Office shall be directly responsible and in charge of the daily work of the Program and the Office. (3) Tracking and reporting of funds \nAny funds directed by the Deputy Secretary to other entities of the Department to support the Program or the Office shall be tracked and reported as falling under the Program regardless of the office that manages and executes those particular funds.", "id": "H00D178C85A8146518B4342436C68B1D4", "header": "Administrative matters", "nested": [], "links": [] } ], "links": [] }, { "text": "102. Establishment of Department of Veterans Affairs advisory subcommittee on electronic health record and health information technology modernization \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary, acting in coordination with and through the Under Secretary, shall establish a permanent subcommittee of the special medical advisory group established under section 7312 of title 38, United States Code, focused on electronic health record and health information technology modernization of the Department, to be known as the Subcommittee on Electronic Health Record and Health Information Technology Modernization (in this section referred to as the Subcommittee ). (b) Composition of Subcommittee \n(1) In general \nThe Subcommittee shall be composed of not fewer than 5 and not more than 10 individuals selected by the Under Secretary who have a current or previous documented and relevant deep professional background within a leading health care organization or organizations of the United States in the private or nonprofit health sector, including— (A) experience with health systems; (B) experience as a health executive, chief health information or informatics officer, chief medical information officer, clinician, or nurse with deep experience implementing or overseeing medium- or large-scale health information technology transformation, including electronic health record deployments and business modernizations; (C) experience improving health care outcomes; (D) experience managing change; or (E) experience in developing and implementing electronic health record training. (2) Nurse or nurse executive \nAt least one member of the Subcommittee shall be a nurse or nurse executive. (3) Member of veterans service organization \nAt least one member of the Subcommittee shall be a representative of a Federally chartered, membership-based veterans service organization. (4) Limitation \nAn individual is not eligible to be a member of the Subcommittee if the individual— (A) is from the information technology vendor or technology development sector; or (B) had a role in the Oracle or Cerner procurement by the Department or related contracts for program management services for the electronic health record modernization program of the Department. (c) Duties \nThe Subcommittee shall produce periodic reports and recommendations as directed or requested by the Secretary or the Under Secretary on plans and opportunities for the Department to improve its strategy, goals, and implementation for and deployment of electronic health records and health information technology to better improve quality of care, patient outcomes, operational efficiency and productivity, provider productivity and engagement, and related matters based on national best practices that are relevant to the Department. (d) Administration \nAdministration of the Subcommittee, including terms of service and replacement of members, shall be guided by the rules and charter of the special medical advisory group established under section 7312 of title 38, United States Code. (e) Termination \nThis section shall terminate on the date on which the Secretary determines that a modernized electronic health record has been deployed to every medical center and other relevant medical facility of the Department.", "id": "HAEF647216C4A4F48B8181048499B81A9", "header": "Establishment of Department of Veterans Affairs advisory subcommittee on electronic health record and health information technology modernization", "nested": [ { "text": "(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary, acting in coordination with and through the Under Secretary, shall establish a permanent subcommittee of the special medical advisory group established under section 7312 of title 38, United States Code, focused on electronic health record and health information technology modernization of the Department, to be known as the Subcommittee on Electronic Health Record and Health Information Technology Modernization (in this section referred to as the Subcommittee ).", "id": "H31F032F94AF94BA7A86834A0E1395ABC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Composition of Subcommittee \n(1) In general \nThe Subcommittee shall be composed of not fewer than 5 and not more than 10 individuals selected by the Under Secretary who have a current or previous documented and relevant deep professional background within a leading health care organization or organizations of the United States in the private or nonprofit health sector, including— (A) experience with health systems; (B) experience as a health executive, chief health information or informatics officer, chief medical information officer, clinician, or nurse with deep experience implementing or overseeing medium- or large-scale health information technology transformation, including electronic health record deployments and business modernizations; (C) experience improving health care outcomes; (D) experience managing change; or (E) experience in developing and implementing electronic health record training. (2) Nurse or nurse executive \nAt least one member of the Subcommittee shall be a nurse or nurse executive. (3) Member of veterans service organization \nAt least one member of the Subcommittee shall be a representative of a Federally chartered, membership-based veterans service organization. (4) Limitation \nAn individual is not eligible to be a member of the Subcommittee if the individual— (A) is from the information technology vendor or technology development sector; or (B) had a role in the Oracle or Cerner procurement by the Department or related contracts for program management services for the electronic health record modernization program of the Department.", "id": "H4EB7F904AEA14F1883FF7629FC3CDB35", "header": "Composition of Subcommittee", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Subcommittee shall produce periodic reports and recommendations as directed or requested by the Secretary or the Under Secretary on plans and opportunities for the Department to improve its strategy, goals, and implementation for and deployment of electronic health records and health information technology to better improve quality of care, patient outcomes, operational efficiency and productivity, provider productivity and engagement, and related matters based on national best practices that are relevant to the Department.", "id": "H87EEA2D5FAD54CE6B38824A4A38C39EE", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Administration \nAdministration of the Subcommittee, including terms of service and replacement of members, shall be guided by the rules and charter of the special medical advisory group established under section 7312 of title 38, United States Code.", "id": "H9615CAC699394694839E2BF87526FC1B", "header": "Administration", "nested": [], "links": [] }, { "text": "(e) Termination \nThis section shall terminate on the date on which the Secretary determines that a modernized electronic health record has been deployed to every medical center and other relevant medical facility of the Department.", "id": "HC22F8BEA260A4FEBA97B4647F9F5E6DF", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "201. Requirement to exceed or meet certain health care performance baseline or national metrics for continuation of electronic health record modernization program of Department of Veterans Affairs \n(a) In general \nThe Secretary may not initiate a new go-live deployment of the electronic health record modernization program until the quality, access, productivity, and all other health and operational performance metrics data of the Veterans Health Administration and the Office of Information and Technology of the Department at each facility of the Department (including any subsidiary facilities, such as community-based outpatient clinics) that is using the Oracle-Cerner product under such program as of January 31, 2023, has either— (1) exceeded the health and information technology operational levels of the facility before deploying such product; or (2) met national standards set forth by the Veterans Health Administration for quality, safety, efficiency, and financial performance as established by the Program established under section 101(a) and the Under Secretary. (b) Establishment of national standards \n(1) In general \nThe Under Secretary and the Program established under section 101(a) shall establish national standards required under subsection (a)(2) to create a common health performance standard of the Veterans Health Administration under which all medical facilities of the Department may be evaluated under that subsection that takes into account relevant differences in size, complexity, and market of each facility. (2) Common metric and standard \nIn establishing standards under paragraph (1), the Under Secretary and the Program established under section 101(a) shall establish a common data driven metric and service delivery standard for care for veterans by which medical facilities of the Department can be evaluated. (3) Reports \n(A) Initial report \nNot later than 60 days after the establishment of standards under paragraph (1), the Program established under section 101(a) shall submit to the appropriate committees of Congress a report on such standards. (B) Modification to standards \nNot later than 30 days before the modification to any standards established under paragraph (1), the Program established under section 101(a) shall submit to the appropriate committees of Congress a report on such modification. (c) Termination or continuation of use \n(1) In general \nIf, by the date that is 180 days after the date of the enactment of this Act, the data from the first five facilities of the Department as well as any relevant remote sites, consolidated patient account centers, subsidiary facilities, such as community-based outpatient clinics that deployed the Oracle-Cerner product, have not reached the requirements under subsection (a)— (A) not later than 13 months after such date of enactment, the Secretary, in consultation with the Deputy Secretary, the Under Secretary for Health, the Chief Information Officer, and the Executive Director of the Office, shall— (i) submit to the appropriate committees of Congress a plan on how the Department will meet the requirements under such subsection either through the existing technology strategy of the Department, a new procurement, or some other combination or approach; and (ii) publicly announce a replacement technology solution or solutions or contract or contracts, including a new timeline and strategy to implement such solution or solutions; (B) not later than 180 days after completing the requirements under subparagraph (A), the Secretary shall— (i) terminate, cancel, or modify the contract for the Oracle-Cerner product; and (ii) develop appropriate coordination and transition plans for the transition of use of technology from the Oracle-Cerner product back to VistA or from the Oracle-Cerner product to an alternate electronic health record technology. (2) Limitation on cancellation of existing contract \nIn carrying out paragraph (1), to ensure a smooth transition and reduce operational and care delivery disturbance, the Secretary may not terminate any existing electronic health record contract until a replacement contract and strategy for such electronic health record are in place or near award and commencement. (3) Extension of time \n(A) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary may, for one time only, temporarily delay each of the requirements of paragraph (1) for a period not to exceed 180 days if the Secretary determines such delay is necessary due to mission critical, national emergency, national security, patient safety, quality and access to care, protection of taxpayer investments, or other unforeseen reasons. (B) Justification for extension \nIf the Secretary determines that a delay under subparagraph (A) is necessary, not later than 105 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report setting forth the justification of the Secretary for such delay.", "id": "H40A2F9F84ABB4CFF912938B106C6AAF1", "header": "Requirement to exceed or meet certain health care performance baseline or national metrics for continuation of electronic health record modernization program of Department of Veterans Affairs", "nested": [ { "text": "(a) In general \nThe Secretary may not initiate a new go-live deployment of the electronic health record modernization program until the quality, access, productivity, and all other health and operational performance metrics data of the Veterans Health Administration and the Office of Information and Technology of the Department at each facility of the Department (including any subsidiary facilities, such as community-based outpatient clinics) that is using the Oracle-Cerner product under such program as of January 31, 2023, has either— (1) exceeded the health and information technology operational levels of the facility before deploying such product; or (2) met national standards set forth by the Veterans Health Administration for quality, safety, efficiency, and financial performance as established by the Program established under section 101(a) and the Under Secretary.", "id": "H5AFED060F68841629A79E64C7B3E31FA", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Establishment of national standards \n(1) In general \nThe Under Secretary and the Program established under section 101(a) shall establish national standards required under subsection (a)(2) to create a common health performance standard of the Veterans Health Administration under which all medical facilities of the Department may be evaluated under that subsection that takes into account relevant differences in size, complexity, and market of each facility. (2) Common metric and standard \nIn establishing standards under paragraph (1), the Under Secretary and the Program established under section 101(a) shall establish a common data driven metric and service delivery standard for care for veterans by which medical facilities of the Department can be evaluated. (3) Reports \n(A) Initial report \nNot later than 60 days after the establishment of standards under paragraph (1), the Program established under section 101(a) shall submit to the appropriate committees of Congress a report on such standards. (B) Modification to standards \nNot later than 30 days before the modification to any standards established under paragraph (1), the Program established under section 101(a) shall submit to the appropriate committees of Congress a report on such modification.", "id": "H7CC2507155C84D89B2B2D546A5A963A1", "header": "Establishment of national standards", "nested": [], "links": [] }, { "text": "(c) Termination or continuation of use \n(1) In general \nIf, by the date that is 180 days after the date of the enactment of this Act, the data from the first five facilities of the Department as well as any relevant remote sites, consolidated patient account centers, subsidiary facilities, such as community-based outpatient clinics that deployed the Oracle-Cerner product, have not reached the requirements under subsection (a)— (A) not later than 13 months after such date of enactment, the Secretary, in consultation with the Deputy Secretary, the Under Secretary for Health, the Chief Information Officer, and the Executive Director of the Office, shall— (i) submit to the appropriate committees of Congress a plan on how the Department will meet the requirements under such subsection either through the existing technology strategy of the Department, a new procurement, or some other combination or approach; and (ii) publicly announce a replacement technology solution or solutions or contract or contracts, including a new timeline and strategy to implement such solution or solutions; (B) not later than 180 days after completing the requirements under subparagraph (A), the Secretary shall— (i) terminate, cancel, or modify the contract for the Oracle-Cerner product; and (ii) develop appropriate coordination and transition plans for the transition of use of technology from the Oracle-Cerner product back to VistA or from the Oracle-Cerner product to an alternate electronic health record technology. (2) Limitation on cancellation of existing contract \nIn carrying out paragraph (1), to ensure a smooth transition and reduce operational and care delivery disturbance, the Secretary may not terminate any existing electronic health record contract until a replacement contract and strategy for such electronic health record are in place or near award and commencement. (3) Extension of time \n(A) In general \nNot later than 120 days after the date of the enactment of this Act, the Secretary may, for one time only, temporarily delay each of the requirements of paragraph (1) for a period not to exceed 180 days if the Secretary determines such delay is necessary due to mission critical, national emergency, national security, patient safety, quality and access to care, protection of taxpayer investments, or other unforeseen reasons. (B) Justification for extension \nIf the Secretary determines that a delay under subparagraph (A) is necessary, not later than 105 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report setting forth the justification of the Secretary for such delay.", "id": "HB31C0298D19248ECB102C886CC8006B4", "header": "Termination or continuation of use", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Requirements before continued deployment of new electronic health record by Department of Veterans Affairs at additional locations and facilities \n(a) Report on metrics To determine continued deployment \n(1) In general \nNot later than 30 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress a report containing the metrics, readiness criteria, and governance decision process that the Department will use to determine whether continued deployment of the electronic health record technology of the Department is appropriate in June 2023, or whether a further pause in such deployment is warranted to address system issues, patient safety, technology features, provider efficiency, and related matters. (2) Metrics \nThe metrics included in the report submitted under paragraph (1) shall— (A) be data driven based on industry standards, metrics of the Department, and the unique health care delivery needs of the Department to serve veterans, perform research, and support Fourth Mission requirements; (B) ensure patient safety, quality of and access to care, system stability, cyber security, and sound financial and business administration activities are successfully evaluated as stable and functional at desired performance levels and in place to proceed; (C) ensure completion of relevant training and change management activities; and (D) include any other specific readiness criteria that each location of the Department is required to meet before moving forward with continued deployment of the electronic health record technology of the Department, as determined by the Department. (3) Other elements \nThe report submitted under paragraph (1) shall— (A) indicate how the metrics required under the report are or will be adjusted to incorporate the research function and health complexity levels of facilities of the Department and whether additional or different metrics are or will be added based on more or less complex facilities or facilities with a greater research function; (B) explain how the metrics and readiness criteria under the report incorporate appropriate input and findings of the National Center for Patient Safety, the Clinical Episode Review Team, or the Office of the Assistant Under Secretary for Health for Quality and Patient Safety of the Veterans Health Administration, or any successor office, and resolve any issues raised by those offices to the satisfaction of those offices through information technology changes, functionality, training, and other areas, including regarding patient record flags, behavioral health and suicide risks, configuration of roles and responsibilities, referrals, ambulatory care, pharmacy, identity, orders, medication administration, and other areas, which shall include a specific description of how each issue identified in the March 2023 report of the Department entitled, EHRM Sprint Report has been resolved or mitigated; and (C) provide a clear process description reflecting— (i) the repeatable method for how decisions relating to deployment of electronic health record technology are made within the Department from the field level up to the Secretary; and (ii) the input received from each relevant element of the Department before such a decision is made, to include input from the National Center for Patient Safety. (4) Certification \nIn submitting metrics under paragraph (1), the Deputy Secretary shall certify that the metrics have been approved by the Under Secretary, the Executive Director of the Office, and the Chief Information Officer of the Department.", "id": "H0E8BF47EF4D5411BBC9E816A490F10F4", "header": "Requirements before continued deployment of new electronic health record by Department of Veterans Affairs at additional locations and facilities", "nested": [ { "text": "(a) Report on metrics To determine continued deployment \n(1) In general \nNot later than 30 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress a report containing the metrics, readiness criteria, and governance decision process that the Department will use to determine whether continued deployment of the electronic health record technology of the Department is appropriate in June 2023, or whether a further pause in such deployment is warranted to address system issues, patient safety, technology features, provider efficiency, and related matters. (2) Metrics \nThe metrics included in the report submitted under paragraph (1) shall— (A) be data driven based on industry standards, metrics of the Department, and the unique health care delivery needs of the Department to serve veterans, perform research, and support Fourth Mission requirements; (B) ensure patient safety, quality of and access to care, system stability, cyber security, and sound financial and business administration activities are successfully evaluated as stable and functional at desired performance levels and in place to proceed; (C) ensure completion of relevant training and change management activities; and (D) include any other specific readiness criteria that each location of the Department is required to meet before moving forward with continued deployment of the electronic health record technology of the Department, as determined by the Department. (3) Other elements \nThe report submitted under paragraph (1) shall— (A) indicate how the metrics required under the report are or will be adjusted to incorporate the research function and health complexity levels of facilities of the Department and whether additional or different metrics are or will be added based on more or less complex facilities or facilities with a greater research function; (B) explain how the metrics and readiness criteria under the report incorporate appropriate input and findings of the National Center for Patient Safety, the Clinical Episode Review Team, or the Office of the Assistant Under Secretary for Health for Quality and Patient Safety of the Veterans Health Administration, or any successor office, and resolve any issues raised by those offices to the satisfaction of those offices through information technology changes, functionality, training, and other areas, including regarding patient record flags, behavioral health and suicide risks, configuration of roles and responsibilities, referrals, ambulatory care, pharmacy, identity, orders, medication administration, and other areas, which shall include a specific description of how each issue identified in the March 2023 report of the Department entitled, EHRM Sprint Report has been resolved or mitigated; and (C) provide a clear process description reflecting— (i) the repeatable method for how decisions relating to deployment of electronic health record technology are made within the Department from the field level up to the Secretary; and (ii) the input received from each relevant element of the Department before such a decision is made, to include input from the National Center for Patient Safety. (4) Certification \nIn submitting metrics under paragraph (1), the Deputy Secretary shall certify that the metrics have been approved by the Under Secretary, the Executive Director of the Office, and the Chief Information Officer of the Department.", "id": "HC74DD023A8C44D61B96D03481354113A", "header": "Report on metrics To determine continued deployment", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Sense of Congress on training and change management activities for deployment of new electronic health record \nIt is the sense of Congress that— (1) training and change management with respect to any new electronic health record shall be led by the Department and employees of the Department who are uniquely positioned to understand the legacy VistA system of the Department, the existing and future standardized workflow of the Department, and the history, culture, and mission of the Department; and (2) any contractors of the Department involved in the implementation of any new electronic health record should serve in a support function to the Department rather than lead and conduct all training and change management activities.", "id": "H1899BBF893DF454D970366F28F6AC8C4", "header": "Sense of Congress on training and change management activities for deployment of new electronic health record", "nested": [], "links": [] }, { "text": "301. Report on support to facilities for new electronic health record deployment by Department of Veterans Affairs \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress a report summarizing the standard support services that the Department does or intends to provide to each facility in preparation for potential future deployment of the new electronic health record of the Department at such facility and in the period after such deployment. (b) Support To be provided \nThe support required to be provided to a facility by the Department and included in the report under subsection (a) shall include, at a minimum, the following: (1) Budgetary resources and support to address the need for increased staffing at the facility, reduced productivity and collections, increased use of community care networks, and other issues identified in the report of the Institute for Defense Analyses dated October 2022, entitled Independent Cost Estimate for Veterans Affairs Electronic Health Record Modernization Program. (2) Increased staffing level surge at the facility, including temporary and permanent staff. (3) Steps to be taken by the Department to reduce burnout and turnover. (4) Enhanced training to include government or vendor supplied trainers to maintain a presence until dismissed by the director or other relevant leader of the facility after deployment of the new electronic health record. (5) A description of any additional legislative action requested to improve the level of support services required at each such facility for such deployment. (6) Such other support as the Deputy Secretary determines necessary in consultation with the Under Secretary, the Executive Director of the Electronic Health Record and Health Information Technology Modernization Program Management Office, and the Chief Information Officer.", "id": "HCE8B24283F7C4A0BB7A5ECADE10E99B0", "header": "Report on support to facilities for new electronic health record deployment by Department of Veterans Affairs", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress a report summarizing the standard support services that the Department does or intends to provide to each facility in preparation for potential future deployment of the new electronic health record of the Department at such facility and in the period after such deployment.", "id": "H97F8D13007854D55A442BF5A58513991", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Support To be provided \nThe support required to be provided to a facility by the Department and included in the report under subsection (a) shall include, at a minimum, the following: (1) Budgetary resources and support to address the need for increased staffing at the facility, reduced productivity and collections, increased use of community care networks, and other issues identified in the report of the Institute for Defense Analyses dated October 2022, entitled Independent Cost Estimate for Veterans Affairs Electronic Health Record Modernization Program. (2) Increased staffing level surge at the facility, including temporary and permanent staff. (3) Steps to be taken by the Department to reduce burnout and turnover. (4) Enhanced training to include government or vendor supplied trainers to maintain a presence until dismissed by the director or other relevant leader of the facility after deployment of the new electronic health record. (5) A description of any additional legislative action requested to improve the level of support services required at each such facility for such deployment. (6) Such other support as the Deputy Secretary determines necessary in consultation with the Under Secretary, the Executive Director of the Electronic Health Record and Health Information Technology Modernization Program Management Office, and the Chief Information Officer.", "id": "H8B96DC5823ED4A5694C224EEDA46F81A", "header": "Support To be provided", "nested": [], "links": [] } ], "links": [] }, { "text": "302. Modification of quarterly report to include information on system stability, satisfaction, morale, retention of staff, training, and change management with respect to new electronic health record of Department of Veterans Affairs \nSection 503(b) of the Veterans Benefits and Transition Act of 2018 ( Public Law 115–407 ; 38 U.S.C. 5701 note prec.) is amended— (1) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and moving those subparagraphs, as so redesignated, two ems to the right; (2) in the matter preceding subparagraph (A), as designated by paragraph (1), by striking Not later than 30 days and inserting the following: (1) In general \nNot later than 30 days ; and (3) by adding at the end the following new paragraph: (2) Additional matters To be included \n(A) In general \nThe Secretary shall include with any update submitted under paragraph (1) on or after the date of the enactment of the Electronic Health Record Program Restructure, Enhance, Strengthen, and Empower Technology Act of 2023 , with respect to the quarter covered by the report, the following: (i) Data on employee satisfaction with the new electronic health record of the Department of Veterans Affairs using credible, industry standard surveys and data analysis. (ii) Data on retention, morale, and turnover at sites using such new record. (iii) Data on satisfaction with training and change management activities provided to employees and facilities of the Department regarding such record. (iv) Data on ticket resolution and closure. (v) The specific system enhancements to include configuration changes and new service requests that have been tested and put into production for electronic health record system users and a list and description of remaining configuration changes and new service requests under development or in requirements development and the estimated date for such improvements to be tested and put into production for electronic health record system users. (vi) The system performance statistics for such record, to include— (I) cause, length, and source of or responsible entity for performance issues; and (II) corrective steps taken to rectify outages, performance degradations, incomplete functionality, and loss of redundancy. (vii) The health operations, productivity, and quality metrics of each facility using such new record as of the end of the quarter covered by the report compared to the health operations, productivity, and quality metrics of that facility before deployment of the new record while using the legacy VistA and related systems and compared to the national quality and access standards established by the Veterans Health Administration to evaluate performances of medical facilities under section 201(b) of the Electronic Health Record Program Restructure, Enhance, Strengthen, and Empower Technology Act of 2023. (viii) Revenue, collections, and all other financial data at facilities using such new record, including an assessment of planned versus actual revenue and collections and steps taken to remediate performance challenges as well as a comparison to revenue, collections, and all other financial data collected before the new record was in use. (ix) A description of the number of cure notices, letters of concern, and other relevant corrective contracting actions taken by the Department, the responses to those actions by relevant contractor or contractors and any credits, reimbursements, or other relevant repayment or corrective action agreed upon or issued and the dates, purposes, and reasons for issuance of such cure notices, letters of concern, and other relevant requests for corrective actions and the status or resolution of those matters. (B) Compilation of information \nThe information provided under subparagraph (A) shall be— (i) compiled in a manner that shows the information over time, at the facility level and aggregated for all facilities; (ii) compiled using industry-based questions, standards, and metrics; and (iii) informed by the unique veteran care delivery services and functions of the Department..", "id": "H3ABF1D221EC341798E56CA2BDC927C9D", "header": "Modification of quarterly report to include information on system stability, satisfaction, morale, retention of staff, training, and change management with respect to new electronic health record of Department of Veterans Affairs", "nested": [], "links": [ { "text": "Public Law 115–407", "legal-doc": "public-law", "parsable-cite": "pl/115/407" }, { "text": "38 U.S.C. 5701", "legal-doc": "usc", "parsable-cite": "usc/38/5701" } ] }, { "text": "401. Termination of contract with Oracle Cerner for training and change management \n(a) In general \nNot later than 275 days after the date of the enactment of this Act, the Secretary shall— (1) terminate all contracts of the Department with Oracle Cerner for training and change management related to electronic health record modernization; and (2) cease to issue task orders for training and change management activities from Oracle Cerner or subcontractors of Oracle Cerner. (b) Replacement of services \nBefore terminating all contracts of the Department with Oracle Cerner as required under subsection (a)(1), the Secretary, as the Secretary determines necessary and consistent with section 203 of this Act, shall put plans in place to replace the services provided under those contracts with a new contract or contracts, competitively procured, with companies with a proven track-record in delivering electronic health record and health information technology training and change management in medium or large health systems in the United States. (c) Report \nNot later than 200 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the implementation of this section.", "id": "H437A0C309EED408399F2D7B3C9B355F9", "header": "Termination of contract with Oracle Cerner for training and change management", "nested": [ { "text": "(a) In general \nNot later than 275 days after the date of the enactment of this Act, the Secretary shall— (1) terminate all contracts of the Department with Oracle Cerner for training and change management related to electronic health record modernization; and (2) cease to issue task orders for training and change management activities from Oracle Cerner or subcontractors of Oracle Cerner.", "id": "HBCFD79BF9C284C038DE1EB4A7D9F0F4D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Replacement of services \nBefore terminating all contracts of the Department with Oracle Cerner as required under subsection (a)(1), the Secretary, as the Secretary determines necessary and consistent with section 203 of this Act, shall put plans in place to replace the services provided under those contracts with a new contract or contracts, competitively procured, with companies with a proven track-record in delivering electronic health record and health information technology training and change management in medium or large health systems in the United States.", "id": "HFA4AC3E4A09C4B3080C8AED9AD89D9CC", "header": "Replacement of services", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than 200 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the implementation of this section.", "id": "H5F55721CBB90482D86126F506CC3FA7C", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "402. Strengthening contract negotiation by Department of Veterans Affairs with respect to new electronic health record and designation of lead contract negotiator \n(a) Designation of lead negotiator for new electronic health record \n(1) In general \nThe Secretary shall designate one senior career official of the Department, at grade GS–15 of the General Schedule or an equivalent or higher grade, as the lead negotiator for the Department on all current and future contracts relating to the new electronic health record of the Department (in this section referred to as the Negotiator ). (2) Organization \nThe Negotiator shall reside within the Office of Acquisition, Logistics, and Construction of the Department and report to the Chief Acquisition Officer of the Department. (3) Notification \nNot later than 15 days after designating the Negotiator under paragraph (1), the Secretary shall notify the appropriate committees of Congress of such designation. (b) Objective of negotiations \nThe goal of contract negotiations and activities conducted by the Negotiator with respect to contracts relating to the new electronic health record of the Department are, at a minimum— (1) to ensure that any future contracts or task orders for such a record, including modifications of existing contracts or new awards, shall— (A) seek to protect the interest of taxpayers to the greatest extent practicable; and (B) recover, by whatever means available, direct and indirect costs that the Department and veterans have already incurred due to patient harm, poor performance, inadequate training, insufficient ticket resolution, system crashes, inefficient processes driven by new technology, extra Department personnel hours, and other factors relating to the use of the Oracle-Cerner product; (2) to consider options to descope existing contracts and secure discounted rates on future work and sustainment work; (3) to achieve aggressive industry standard service-level agreements and significant financial penalties for failure to meet those standards; (4) to contractually codify the services, technology features, and other elements that have been verbally offered to the Department at no cost by a contractor or contractors related to such new record; (5) to develop an organized and properly phased contract cancellation, transition, and replacement strategy should the negotiations not result in best value terms for the taxpayer, veterans, and medical personnel of the Department; and (6) to address issues of conflicting or duplicative contracting requirements to include those between contractors deploying various aspects of such new record and the program management office contract, including potential conflicts of interest and perverse incentives for one set of contractors to inhibit or slow the work of other contractors for potential financial gain and leverage for current and future work for the Department. (c) Coordination of activities \nThe Negotiator shall closely coordinate with individuals in the Program and the Office established under section 101 who have day-to-day responsibility for existing contract oversight with respect to health record contracts and relevant health information technology contracts. (d) Consultation \nThe Negotiator shall leverage and consult with all relevant stakeholders of the Department, but at a minimum the Secretary, the Deputy Secretary, the Office of General Counsel, the Under Secretary, and the Chief Information Officer and the Assistant Secretary for Information and Technology of the Department, in conducting negotiations relating to the electronic health record of the Department. (e) Assistance \n(1) Other Federal agencies \nIn conducting negotiations relating to the new electronic health record of the Department, the Negotiator or the Secretary may request assistance from the other Federal agencies that have experienced contract negotiators, legal counsel, litigators, and other relevant personnel, particularly those with specialties and experience in health information technology acquisitions, contracts, negotiations, and litigation. (2) Outside entities \n(A) In general \nIn conducting negotiations, the Negotiator or the Secretary may engage non-Federal, private sector, or nonprofit entities to perform independent contract and legal advisory services for the Department so as to advise the Department on options and strategies to achieve a revised, modified, or new contract for a new electronic health record that is of better value to the taxpayer or where necessary for appropriate cancellation terms and transition planning. (B) Types of entities \nIn procuring services under subparagraph (A), the Negotiator and the Secretary— (i) shall only engage with entities that have a proven, long-term experience in delivering value and resolution to entities through high-dollar contracts, agreements, settlements, or litigation structured to deliver performance, accountability, and value to taxpayers, governments, or clients, as the case may be; and (ii) shall not engage with a company that works for Oracle, Oracle Cerner, or any subcontractor of either such company. (f) Terms relating to protection of data \nAny contract of the Department related to electronic health records entered into on or after January 1, 2018, shall include a clause or clauses, or be modified to include such clause or clauses, protecting the health and other personal identifying data of veterans to include a total prohibition on that data being monetized, sold, controlled, or otherwise misused by any internal or external entity conducting work for, with, or on behalf of the Department, including data that has gone through anonymization.", "id": "H52B2CC9406544F7BABB7C28BF3E746DA", "header": "Strengthening contract negotiation by Department of Veterans Affairs with respect to new electronic health record and designation of lead contract negotiator", "nested": [ { "text": "(a) Designation of lead negotiator for new electronic health record \n(1) In general \nThe Secretary shall designate one senior career official of the Department, at grade GS–15 of the General Schedule or an equivalent or higher grade, as the lead negotiator for the Department on all current and future contracts relating to the new electronic health record of the Department (in this section referred to as the Negotiator ). (2) Organization \nThe Negotiator shall reside within the Office of Acquisition, Logistics, and Construction of the Department and report to the Chief Acquisition Officer of the Department. (3) Notification \nNot later than 15 days after designating the Negotiator under paragraph (1), the Secretary shall notify the appropriate committees of Congress of such designation.", "id": "H1F1C8A6C3F9542BABD07ECF28A46A770", "header": "Designation of lead negotiator for new electronic health record", "nested": [], "links": [] }, { "text": "(b) Objective of negotiations \nThe goal of contract negotiations and activities conducted by the Negotiator with respect to contracts relating to the new electronic health record of the Department are, at a minimum— (1) to ensure that any future contracts or task orders for such a record, including modifications of existing contracts or new awards, shall— (A) seek to protect the interest of taxpayers to the greatest extent practicable; and (B) recover, by whatever means available, direct and indirect costs that the Department and veterans have already incurred due to patient harm, poor performance, inadequate training, insufficient ticket resolution, system crashes, inefficient processes driven by new technology, extra Department personnel hours, and other factors relating to the use of the Oracle-Cerner product; (2) to consider options to descope existing contracts and secure discounted rates on future work and sustainment work; (3) to achieve aggressive industry standard service-level agreements and significant financial penalties for failure to meet those standards; (4) to contractually codify the services, technology features, and other elements that have been verbally offered to the Department at no cost by a contractor or contractors related to such new record; (5) to develop an organized and properly phased contract cancellation, transition, and replacement strategy should the negotiations not result in best value terms for the taxpayer, veterans, and medical personnel of the Department; and (6) to address issues of conflicting or duplicative contracting requirements to include those between contractors deploying various aspects of such new record and the program management office contract, including potential conflicts of interest and perverse incentives for one set of contractors to inhibit or slow the work of other contractors for potential financial gain and leverage for current and future work for the Department.", "id": "H7580F19C9115406993D85BFC21DFEF05", "header": "Objective of negotiations", "nested": [], "links": [] }, { "text": "(c) Coordination of activities \nThe Negotiator shall closely coordinate with individuals in the Program and the Office established under section 101 who have day-to-day responsibility for existing contract oversight with respect to health record contracts and relevant health information technology contracts.", "id": "H1FEC0D9107D047ECA5ACC968E5DDB332", "header": "Coordination of activities", "nested": [], "links": [] }, { "text": "(d) Consultation \nThe Negotiator shall leverage and consult with all relevant stakeholders of the Department, but at a minimum the Secretary, the Deputy Secretary, the Office of General Counsel, the Under Secretary, and the Chief Information Officer and the Assistant Secretary for Information and Technology of the Department, in conducting negotiations relating to the electronic health record of the Department.", "id": "H06B9510347E443F3B6BD9749CE9AB38C", "header": "Consultation", "nested": [], "links": [] }, { "text": "(e) Assistance \n(1) Other Federal agencies \nIn conducting negotiations relating to the new electronic health record of the Department, the Negotiator or the Secretary may request assistance from the other Federal agencies that have experienced contract negotiators, legal counsel, litigators, and other relevant personnel, particularly those with specialties and experience in health information technology acquisitions, contracts, negotiations, and litigation. (2) Outside entities \n(A) In general \nIn conducting negotiations, the Negotiator or the Secretary may engage non-Federal, private sector, or nonprofit entities to perform independent contract and legal advisory services for the Department so as to advise the Department on options and strategies to achieve a revised, modified, or new contract for a new electronic health record that is of better value to the taxpayer or where necessary for appropriate cancellation terms and transition planning. (B) Types of entities \nIn procuring services under subparagraph (A), the Negotiator and the Secretary— (i) shall only engage with entities that have a proven, long-term experience in delivering value and resolution to entities through high-dollar contracts, agreements, settlements, or litigation structured to deliver performance, accountability, and value to taxpayers, governments, or clients, as the case may be; and (ii) shall not engage with a company that works for Oracle, Oracle Cerner, or any subcontractor of either such company.", "id": "H8DAC93F5BF434956974B2DD6BBDBDB18", "header": "Assistance", "nested": [], "links": [] }, { "text": "(f) Terms relating to protection of data \nAny contract of the Department related to electronic health records entered into on or after January 1, 2018, shall include a clause or clauses, or be modified to include such clause or clauses, protecting the health and other personal identifying data of veterans to include a total prohibition on that data being monetized, sold, controlled, or otherwise misused by any internal or external entity conducting work for, with, or on behalf of the Department, including data that has gone through anonymization.", "id": "H994B01B2F5204F40A61D413EA3CBD81D", "header": "Terms relating to protection of data", "nested": [], "links": [] } ], "links": [] }, { "text": "403. Independent verification and validation of certain major modernization efforts of Department of Veterans Affairs \n(a) Contracting authority \nNot 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 \nAn 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 \nThe 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 \nNot 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 Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives such report. (e) Awarded amounts \nNot 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 \nIn this section: (1) Covered program \nThe 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) Priority defense business system \nThe term priority defense business system has the meaning given such term in section 2222(i) of title 10, United States Code. (3) Major defense acquisition program \nThe term major defense acquisition program has the meaning given such term in section 4201 of title 10, United States Code.", "id": "H01998819961746B08119671EBAB9F5D5", "header": "Independent verification and validation of certain major modernization efforts of Department of Veterans Affairs", "nested": [ { "text": "(a) Contracting authority \nNot 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).", "id": "H602DBD50EA344B7A941FA56739079AEF", "header": "Contracting authority", "nested": [], "links": [] }, { "text": "(b) Eligibility \nAn 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).", "id": "H76A9B227761F47738A82C14706CC05FD", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Functions \nThe 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.", "id": "H01DB9D9919624044B000EFB14AC22924", "header": "Functions", "nested": [], "links": [] }, { "text": "(d) Submission to Congress \nNot 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 Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives such report.", "id": "HB3CC26A8977E49B4B08D16B96E8CF19F", "header": "Submission to Congress", "nested": [], "links": [] }, { "text": "(e) Awarded amounts \nNot 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.", "id": "H03B7BD4741E442358B31A1DEE4869747", "header": "Awarded amounts", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Covered program \nThe 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) Priority defense business system \nThe term priority defense business system has the meaning given such term in section 2222(i) of title 10, United States Code. (3) Major defense acquisition program \nThe term major defense acquisition program has the meaning given such term in section 4201 of title 10, United States Code.", "id": "H7099C9EE3CA544538D570D18D34EB7A6", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "404. Annual report on efforts to maintain VistA electronic health record system \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, and not later than 90 days after the beginning of each fiscal year thereafter, the Secretary shall submit to the appropriate committees of Congress a report on the VistA system used by the Department. (b) Elements \nThe report required by subsection (a) shall include the following: (1) The cost to maintain and strengthen the VistA system for each of fiscal years 2018 through 2022, for funding relating to both development and operations and maintenance. (2) The projected cost to maintain and strengthen such system for fiscal year 2023, for funding relating to both development and operations and maintenance. (3) The projected cost to maintain and strengthen such system for each of fiscal years 2024 through 2033, for funding relating to both development and operations and maintenance. (4) The planned enhancements underway to strengthen and secure the VistA system until its features and modules are no longer needed by the Department through such system, or have been subsumed or replaced by other programs and information technology services and systems, including cyber security enhancements, movement to the cloud, and new features and services. (5) A list of modules or features of the VistA system that are not planned to be replaced, subsumed, or otherwise incorporated into a new electronic health record or other health information technology and are planned to reside in a remnant VistA system, or successor remnant system. (c) Initial report \nThe first report required by subsection (a) shall include a description of any enhancements to the VistA system that have occurred during the one-year period preceding the date of the report and those planned for the fiscal year in which the report is submitted. (d) Subsequent reports \nEach report after the first report required by subsection (a) shall include a description of any enhancements to the VistA system that have occurred during fiscal year immediately preceding the date of the report, those planned, but not implemented and an explanation for such lack of implementation and those planned for the fiscal year in which the report is submitted. (e) Termination \nThis section shall terminate on the date that is 15 years after the date of the enactment of this Act.", "id": "HE836295F8B2F469B95A2A75CF1E23B69", "header": "Annual report on efforts to maintain VistA electronic health record system", "nested": [ { "text": "(a) In general \nNot later than 60 days after the date of the enactment of this Act, and not later than 90 days after the beginning of each fiscal year thereafter, the Secretary shall submit to the appropriate committees of Congress a report on the VistA system used by the Department.", "id": "H8E2A881E09794EC79168E592A20665F4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required by subsection (a) shall include the following: (1) The cost to maintain and strengthen the VistA system for each of fiscal years 2018 through 2022, for funding relating to both development and operations and maintenance. (2) The projected cost to maintain and strengthen such system for fiscal year 2023, for funding relating to both development and operations and maintenance. (3) The projected cost to maintain and strengthen such system for each of fiscal years 2024 through 2033, for funding relating to both development and operations and maintenance. (4) The planned enhancements underway to strengthen and secure the VistA system until its features and modules are no longer needed by the Department through such system, or have been subsumed or replaced by other programs and information technology services and systems, including cyber security enhancements, movement to the cloud, and new features and services. (5) A list of modules or features of the VistA system that are not planned to be replaced, subsumed, or otherwise incorporated into a new electronic health record or other health information technology and are planned to reside in a remnant VistA system, or successor remnant system.", "id": "H081726A685DE478A8879871525E483C2", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Initial report \nThe first report required by subsection (a) shall include a description of any enhancements to the VistA system that have occurred during the one-year period preceding the date of the report and those planned for the fiscal year in which the report is submitted.", "id": "HC048375FBF7E4C9299E514EF2C671EE4", "header": "Initial report", "nested": [], "links": [] }, { "text": "(d) Subsequent reports \nEach report after the first report required by subsection (a) shall include a description of any enhancements to the VistA system that have occurred during fiscal year immediately preceding the date of the report, those planned, but not implemented and an explanation for such lack of implementation and those planned for the fiscal year in which the report is submitted.", "id": "HD40D6665C1024BED9D21747B59351AAE", "header": "Subsequent reports", "nested": [], "links": [] }, { "text": "(e) Termination \nThis section shall terminate on the date that is 15 years after the date of the enactment of this Act.", "id": "H15041AE4062D4BF386F648BA9BFA818E", "header": "Termination", "nested": [], "links": [] } ], "links": [] }, { "text": "405. Report on alternatives to current electronic health record technology and contract for Department of Veterans Affairs \n(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on paths the Department and Congress should consider to achieve a modernized electronic health record as an alternative to the Oracle-Cerner product. (b) Elements \nThe report required under subsection (a) shall include the following with respect to an alternative path or paths to be considered by the Department and Congress: (1) Considerations for and against such alternative path or paths. (2) Accurate reinvestment analysis of expenditures, developed consistent with cost estimation and other relevant guidance issued by the Comptroller General of the United States, already made on the modernized electronic health record as of the date of the report, including an assessment of which of those expenditures would have to be made again and which would not based on an alternative technology and contract path chosen and the ability to repurpose investments. (3) The capabilities and weaknesses of other technology solutions the Department could pursue, including an assessment of long-term value and return on investment from a health delivery, health quality, and operational perspective, and the acquisition process that could be used to procure such solutions. (4) An analysis of electronic health record and health information technology market trends, capabilities, and market leaders to include user satisfaction and health outcome statistics to the extent they are relevant to the goals and strategy of the Department. (5) An analysis of whether the Department choosing an alternative path or paths would, and to what extent, or would not impact necessary alignment with the electronic health record modernization conducted by the Department of Defense commonly known as MHS GENESIS. (6) An analysis of whether the ability to share and exchange records in an interoperable manner, and with what level of interoperability, with the Department of Defense would be negatively impacted or positively enhanced, or neither, by an alternative technology path or contract. (7) An analysis of whether the ability share and exchange records in an interoperable manner, and with what level of interoperability, with non-Federal health entities would be negatively impacted or positively enhanced, or neither, by an alternative technology path or contract. (8) An estimated timeline to restart deployment of a new electronic health record of the Department with a different vendor based on an alternative technology path or contract. (9) An assessment of options that may include— (A) a narrow or descoped contract supplemented by other contracts to strengthen areas in which the Oracle-Cerner product performs in a substandard fashion or is inadequate to the health delivery and operational needs of the Department; or (B) any other combination of possibilities. (10) An analysis of the strengths and weaknesses of the alternative path or paths towards the Department meeting or exceeding the highest industry interoperability standards. (11) An analysis of whether the interoperability of the Oracle-Cerner product with the private sector, the community care networks of the Department, academic hospitals, Federal health entities, and other relevant health providers, systems, and networks is demonstrably superior to other electronic health records in the health technology industry. (12) A description of which path or paths the Secretary has selected to take or not take, the reason for such selection, and the key milestones to achieve any new course of action described, including any new Departmental structures, estimated life cycle costs, and timelines. (13) Such other matters as the Secretary considers appropriate.", "id": "HAD7D8031D2534F53A7EF64C093D23829", "header": "Report on alternatives to current electronic health record technology and contract for Department of Veterans Affairs", "nested": [ { "text": "(a) In general \nNot later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on paths the Department and Congress should consider to achieve a modernized electronic health record as an alternative to the Oracle-Cerner product.", "id": "HA40D8C11E81F4FB09CDB8EA3FA887C69", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required under subsection (a) shall include the following with respect to an alternative path or paths to be considered by the Department and Congress: (1) Considerations for and against such alternative path or paths. (2) Accurate reinvestment analysis of expenditures, developed consistent with cost estimation and other relevant guidance issued by the Comptroller General of the United States, already made on the modernized electronic health record as of the date of the report, including an assessment of which of those expenditures would have to be made again and which would not based on an alternative technology and contract path chosen and the ability to repurpose investments. (3) The capabilities and weaknesses of other technology solutions the Department could pursue, including an assessment of long-term value and return on investment from a health delivery, health quality, and operational perspective, and the acquisition process that could be used to procure such solutions. (4) An analysis of electronic health record and health information technology market trends, capabilities, and market leaders to include user satisfaction and health outcome statistics to the extent they are relevant to the goals and strategy of the Department. (5) An analysis of whether the Department choosing an alternative path or paths would, and to what extent, or would not impact necessary alignment with the electronic health record modernization conducted by the Department of Defense commonly known as MHS GENESIS. (6) An analysis of whether the ability to share and exchange records in an interoperable manner, and with what level of interoperability, with the Department of Defense would be negatively impacted or positively enhanced, or neither, by an alternative technology path or contract. (7) An analysis of whether the ability share and exchange records in an interoperable manner, and with what level of interoperability, with non-Federal health entities would be negatively impacted or positively enhanced, or neither, by an alternative technology path or contract. (8) An estimated timeline to restart deployment of a new electronic health record of the Department with a different vendor based on an alternative technology path or contract. (9) An assessment of options that may include— (A) a narrow or descoped contract supplemented by other contracts to strengthen areas in which the Oracle-Cerner product performs in a substandard fashion or is inadequate to the health delivery and operational needs of the Department; or (B) any other combination of possibilities. (10) An analysis of the strengths and weaknesses of the alternative path or paths towards the Department meeting or exceeding the highest industry interoperability standards. (11) An analysis of whether the interoperability of the Oracle-Cerner product with the private sector, the community care networks of the Department, academic hospitals, Federal health entities, and other relevant health providers, systems, and networks is demonstrably superior to other electronic health records in the health technology industry. (12) A description of which path or paths the Secretary has selected to take or not take, the reason for such selection, and the key milestones to achieve any new course of action described, including any new Departmental structures, estimated life cycle costs, and timelines. (13) Such other matters as the Secretary considers appropriate.", "id": "HC3BA95DEA778459A8B000C0E93588262", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "406. Report on leadership, acquisition, and contracting oversight lessons learned \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary, through the Chief Acquisition Officer, the Under Secretary for Health, and the Executive Director of the Electronic Health Record and Health Information Technology Modernization Program Management Office, shall submit to the appropriate committees of Congress a report detailing the structural controls, programs, and processes the Department has or will put in to place to prevent current or future failures with respect to leadership engagement and management, strategic planning, contracting and contract oversight, and program management in— (1) the implementation of the electronic health record modernization program of the Department from 2017 to the date of the report; and (2) any large acquisitions and major modernizations conducted, including those that are ongoing or planned by the Department after the date of the report. (b) Elements \nThe report required under subsection (a) shall include— (1) steps to improve the composition of and management of task orders placed on the current and any future electronic health record contract or other major acquisition or modernization, including covered programs (as defined in section 403(f)); (2) a timeline to achieve the reforms described in the report or the date upon which reforms already put in place were finalized and implemented; (3) a description of lessons learned regarding the need for stable consistent leadership, strategy, and management of large modernization programs and how to prevent such challenges as experienced with the electronic health record modernization initiated in 2017 from occurring again in any major program of the Department; and (4) a description of the number of acting or Senate-confirmed Deputy Secretaries of the Department and the number of leaders of the program management office of the electronic health record modernization program of the Department from 2017 to the date of the report. (c) Legislative or administrative action \nThe report required by subsection (a) shall include a description of any legislative or administrative action necessary to achieve the structural controls described in such subsection.", "id": "HCA75C83BABB64FC49B11A7DAFD027093", "header": "Report on leadership, acquisition, and contracting oversight lessons learned", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, the Secretary, through the Chief Acquisition Officer, the Under Secretary for Health, and the Executive Director of the Electronic Health Record and Health Information Technology Modernization Program Management Office, shall submit to the appropriate committees of Congress a report detailing the structural controls, programs, and processes the Department has or will put in to place to prevent current or future failures with respect to leadership engagement and management, strategic planning, contracting and contract oversight, and program management in— (1) the implementation of the electronic health record modernization program of the Department from 2017 to the date of the report; and (2) any large acquisitions and major modernizations conducted, including those that are ongoing or planned by the Department after the date of the report.", "id": "H6F5B14588E164DCBB32BB4670BB579E0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required under subsection (a) shall include— (1) steps to improve the composition of and management of task orders placed on the current and any future electronic health record contract or other major acquisition or modernization, including covered programs (as defined in section 403(f)); (2) a timeline to achieve the reforms described in the report or the date upon which reforms already put in place were finalized and implemented; (3) a description of lessons learned regarding the need for stable consistent leadership, strategy, and management of large modernization programs and how to prevent such challenges as experienced with the electronic health record modernization initiated in 2017 from occurring again in any major program of the Department; and (4) a description of the number of acting or Senate-confirmed Deputy Secretaries of the Department and the number of leaders of the program management office of the electronic health record modernization program of the Department from 2017 to the date of the report.", "id": "H6559EAF1FE134D3FAE2A0FB745F5DB3F", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Legislative or administrative action \nThe report required by subsection (a) shall include a description of any legislative or administrative action necessary to achieve the structural controls described in such subsection.", "id": "H92BB265F816444D7AE3DEFD0DE604C75", "header": "Legislative or administrative action", "nested": [], "links": [] } ], "links": [] }, { "text": "407. Report on contract savings, services provided at no cost to the Department, and contract cost incurred with respect to Oracle-Cerner product \nNot later than 90 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress a report that contains the following: (1) A detailed list of the services, functions, or other matters that Oracle-Cerner provided to the Department without compensation since assuming ownership of Cerner in June 2022. (2) A list of specific credits or reimbursements, to include dollar amounts and an indication of the specific failure for which those credits or reimbursements are provided, Cerner or Oracle-Cerner has provided to the Department across all domains for contract failure, service-level agreement failure, performance failure, training and change management failure, ticket system failure, and related issues during the period beginning on the award of the contract to Cerner on May 17, 2018, and ending on the date of the report. (3) The estimated and known costs, both direct and indirect, incurred by all facilities using the Oracle-Cerner product as of the date of the report due to— (A) increased staffing; (B) lost productivity; (C) increased referrals to community care; (D) copayment and debt management actions; (E) staff turnover; (F) reduced collections; and (G) other factors as determined by the Secretary.", "id": "H0B9A72E87F9C4333881550CBCA078F02", "header": "Report on contract savings, services provided at no cost to the Department, and contract cost incurred with respect to Oracle-Cerner product", "nested": [], "links": [] }, { "text": "501. Quarterly reports on system uptime, modernization, and coordination activities for information technology systems and policies of Department of Defense affecting operations of Department of Veterans Affairs \n(a) In general \nNot later than 90 days after the date of the enactment of this Act, and not less frequently than quarterly thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the system uptime, modernization, and coordination activities for information technology systems of the Department of Defense that are relied upon by the Department of Veterans Affairs to deliver health care, compensation, memorial benefits, and other services required to be provided under the laws administered by the Secretary of Veterans Affairs. (b) Elements \nEach report required by subsection (a)— (1) shall identify steps taken by the Secretary of Defense to improve governance, coordination, and policy decisions conducted with the Secretary of Veterans Affairs related to information technology of the Department of Defense and related systems upon which the Department of Veterans Affairs has an operational dependency; (2) shall include a schedule for the modernization or replacement of key information technology and related systems of the Department of Defense upon which the Department of Veterans Affairs has an operational dependency, including the Defense Enrollment Eligibility Reporting System, or successor system; (3) shall include a schedule for the movement by the Department of Defense of the MHS GENESIS software and related systems to the cloud; (4) shall include information regarding goals for and actual uptime and stability of all information technology and related systems of the Department of Defense— (A) that the Department of Veterans Affairs relies on to operate, manage, or administer the current or any future electronic health record of the Department of Veterans Affairs; (B) on which the Department of Veterans Affairs has an operational dependency; or (C) that is a critical system or service relied upon by the Department of Veterans Affairs for the delivery of health care, compensation, memorial benefits, or other services; (5) shall identify— (A) any system or systems, infrastructure, or related entities of the Department of Defense that are critical to operations of the Department of Veterans Affairs; (B) any performance issues with respect to those systems, infrastructure, or related entities; (C) steps taken by the Secretary of Defense to remediate any such issues in the short, medium, and long term and timelines for such remediation; (D) the accountable offices within the Department of Defense for the maintenance, replacement, and stability of those systems, infrastructure, or related entities; and (E) policies and governance structures regarding collaboration and coordination with the Department of Veterans Affairs with respect to changes to those systems, infrastructure, or related entities; (6) shall include a description of the definitions, monitoring, and reporting of service level agreements between the Department of Defense and the Department of Veterans Affairs, including specific critical infrastructure availability targets, incident reporting mean time to resolution, and related matters; (7) shall include a description of the service reliability measurements in use and the previous quarter’s actual reliability data by the Department of Defense as it relates to services relied upon by the Department of Veterans Affairs measured as experienced by the Department of Veterans Affairs, inclusive of any Department of Defense network, identity, and security services dependencies; (8) shall include a complete list of incident reporting, root cause analyses, after action reporting, and preventive measures for each event in which a Department of Defense system or service’s degraded performance or outage caused operational harm to the Department of Veterans Affairs inclusive of network and security services degradations, outages, and related matters; and (9) may include an identification of legislative or administrative action required to accomplish the goals in the report. (c) Initial report \nThe first report required under subsection (a) shall include baseline information, including current system uptime and goals and targets with respect to system uptime, and steps the Department of Defense is taking to better meet standards, goals, and targets with respect to system uptime. (d) Subsequent reports \nEach report after the first report required under subsection (a) shall, for the quarter covered by the report— (1) discuss updates on the information provided in previous reports, including system uptime performance; (2) indicate the performance of the Department of Defense in meeting the goals established in previous reports; (3) indicate the steps the Department of Defense is taking to address the areas in which the Department is not meeting those goals; and (4) indicate improvements to and work in progress toward strengthening policies and governance structures regarding collaboration and coordination with the Department of Veterans Affairs with respect to changes to the systems, infrastructure, or related entities with respect to which the Department of Veterans Affairs has an operational dependency. (e) Termination \nThis section shall terminate on the date that is 10 years after the date of the enactment of this Act. (f) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives.", "id": "HCCE6B5F4DF7745C0BFAFFBC2932096ED", "header": "Quarterly reports on system uptime, modernization, and coordination activities for information technology systems and policies of Department of Defense affecting operations of Department of Veterans Affairs", "nested": [ { "text": "(a) In general \nNot later than 90 days after the date of the enactment of this Act, and not less frequently than quarterly thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the system uptime, modernization, and coordination activities for information technology systems of the Department of Defense that are relied upon by the Department of Veterans Affairs to deliver health care, compensation, memorial benefits, and other services required to be provided under the laws administered by the Secretary of Veterans Affairs.", "id": "HDFE71CEDAAC14E4DB9B5C48EFD5BCB32", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nEach report required by subsection (a)— (1) shall identify steps taken by the Secretary of Defense to improve governance, coordination, and policy decisions conducted with the Secretary of Veterans Affairs related to information technology of the Department of Defense and related systems upon which the Department of Veterans Affairs has an operational dependency; (2) shall include a schedule for the modernization or replacement of key information technology and related systems of the Department of Defense upon which the Department of Veterans Affairs has an operational dependency, including the Defense Enrollment Eligibility Reporting System, or successor system; (3) shall include a schedule for the movement by the Department of Defense of the MHS GENESIS software and related systems to the cloud; (4) shall include information regarding goals for and actual uptime and stability of all information technology and related systems of the Department of Defense— (A) that the Department of Veterans Affairs relies on to operate, manage, or administer the current or any future electronic health record of the Department of Veterans Affairs; (B) on which the Department of Veterans Affairs has an operational dependency; or (C) that is a critical system or service relied upon by the Department of Veterans Affairs for the delivery of health care, compensation, memorial benefits, or other services; (5) shall identify— (A) any system or systems, infrastructure, or related entities of the Department of Defense that are critical to operations of the Department of Veterans Affairs; (B) any performance issues with respect to those systems, infrastructure, or related entities; (C) steps taken by the Secretary of Defense to remediate any such issues in the short, medium, and long term and timelines for such remediation; (D) the accountable offices within the Department of Defense for the maintenance, replacement, and stability of those systems, infrastructure, or related entities; and (E) policies and governance structures regarding collaboration and coordination with the Department of Veterans Affairs with respect to changes to those systems, infrastructure, or related entities; (6) shall include a description of the definitions, monitoring, and reporting of service level agreements between the Department of Defense and the Department of Veterans Affairs, including specific critical infrastructure availability targets, incident reporting mean time to resolution, and related matters; (7) shall include a description of the service reliability measurements in use and the previous quarter’s actual reliability data by the Department of Defense as it relates to services relied upon by the Department of Veterans Affairs measured as experienced by the Department of Veterans Affairs, inclusive of any Department of Defense network, identity, and security services dependencies; (8) shall include a complete list of incident reporting, root cause analyses, after action reporting, and preventive measures for each event in which a Department of Defense system or service’s degraded performance or outage caused operational harm to the Department of Veterans Affairs inclusive of network and security services degradations, outages, and related matters; and (9) may include an identification of legislative or administrative action required to accomplish the goals in the report.", "id": "H748A51122C42453D93000BD13647F91B", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Initial report \nThe first report required under subsection (a) shall include baseline information, including current system uptime and goals and targets with respect to system uptime, and steps the Department of Defense is taking to better meet standards, goals, and targets with respect to system uptime.", "id": "HBF2664809C994EF5A450A24099811DDA", "header": "Initial report", "nested": [], "links": [] }, { "text": "(d) Subsequent reports \nEach report after the first report required under subsection (a) shall, for the quarter covered by the report— (1) discuss updates on the information provided in previous reports, including system uptime performance; (2) indicate the performance of the Department of Defense in meeting the goals established in previous reports; (3) indicate the steps the Department of Defense is taking to address the areas in which the Department is not meeting those goals; and (4) indicate improvements to and work in progress toward strengthening policies and governance structures regarding collaboration and coordination with the Department of Veterans Affairs with respect to changes to the systems, infrastructure, or related entities with respect to which the Department of Veterans Affairs has an operational dependency.", "id": "H8C870533433941ECBA7D970A024ADB6A", "header": "Subsequent reports", "nested": [], "links": [] }, { "text": "(e) Termination \nThis section shall terminate on the date that is 10 years after the date of the enactment of this Act.", "id": "H754185188F3B416483C3E220E75FA840", "header": "Termination", "nested": [], "links": [] }, { "text": "(f) Appropriate committees of Congress defined \nIn this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives.", "id": "HFA9882AA68944E3A97480D05DEBA1DB2", "header": "Appropriate committees of Congress defined", "nested": [], "links": [] } ], "links": [] }, { "text": "502. Coordination with Department of Defense regarding information technology programs, systems, and services \n(a) In general \nNot later than 45 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report indicating the additional support needed by the Department from the Department of Defense to make the current and future delivery of health, benefits, memorial affairs and other services of the Department stable and successful, including through reliable availability of data and services of the information technology systems and programs of the Department of Defense, including the legacy VistA and new electronic health record of the Department. (b) Elements \nThe report required under subsection (a) shall include a description of support, collaboration, and coordination, needed by the Department from the Department of Defense relating to— (1) governance between the Department of Defense and the Department of Veterans Affairs related to information technology, systems, services, networks, and related infrastructure; (2) coordination and policy between the Department of Defense and the Department of Veterans Affairs related to information technology, systems, services, networks, and related infrastructure; (3) system availability, stability, and uptime standards of critical information technology systems, systems, services, networks, and related infrastructure; (4) definition, monitoring, and reporting of service level agreements between the Department of Defense and the Department of Veterans Affairs related to information technology, systems, services, networks, and related infrastructure; (5) service reliability measurements as experienced by the Department of Veterans Affairs, including any network, identity, and security service dependencies with the Department of Defense; (6) the current state and desired future state transparency in incident reporting, root cause, after action reporting, and preventative measures for information technology, systems, services, networks, and related infrastructure events of the Department of Defense in which the Department of Veterans Affairs has an operational dependency; (7) the current state and desired future state of network and security services of the Department of Defense on which the Department of Veterans Affairs has an operational dependency or that significantly impact the Department of Veterans Affairs; (8) a description of the key systems of the Department of Defense that the Department of Veterans Affairs believes need modernization or replacement so as to improve delivery of services to veterans and operations of the Department of Veterans Affairs; and (9) Such other related matters as the Deputy Secretary may choose to include.", "id": "HDB1504C87CDC4477A48CDB99B8C59BFD", "header": "Coordination with Department of Defense regarding information technology programs, systems, and services", "nested": [ { "text": "(a) In general \nNot later than 45 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report indicating the additional support needed by the Department from the Department of Defense to make the current and future delivery of health, benefits, memorial affairs and other services of the Department stable and successful, including through reliable availability of data and services of the information technology systems and programs of the Department of Defense, including the legacy VistA and new electronic health record of the Department.", "id": "HDB584D2506904FB2854ED5FEE8084218", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe report required under subsection (a) shall include a description of support, collaboration, and coordination, needed by the Department from the Department of Defense relating to— (1) governance between the Department of Defense and the Department of Veterans Affairs related to information technology, systems, services, networks, and related infrastructure; (2) coordination and policy between the Department of Defense and the Department of Veterans Affairs related to information technology, systems, services, networks, and related infrastructure; (3) system availability, stability, and uptime standards of critical information technology systems, systems, services, networks, and related infrastructure; (4) definition, monitoring, and reporting of service level agreements between the Department of Defense and the Department of Veterans Affairs related to information technology, systems, services, networks, and related infrastructure; (5) service reliability measurements as experienced by the Department of Veterans Affairs, including any network, identity, and security service dependencies with the Department of Defense; (6) the current state and desired future state transparency in incident reporting, root cause, after action reporting, and preventative measures for information technology, systems, services, networks, and related infrastructure events of the Department of Defense in which the Department of Veterans Affairs has an operational dependency; (7) the current state and desired future state of network and security services of the Department of Defense on which the Department of Veterans Affairs has an operational dependency or that significantly impact the Department of Veterans Affairs; (8) a description of the key systems of the Department of Defense that the Department of Veterans Affairs believes need modernization or replacement so as to improve delivery of services to veterans and operations of the Department of Veterans Affairs; and (9) Such other related matters as the Deputy Secretary may choose to include.", "id": "H4BB073B169C04D319D26F72055F845F5", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "601. Report on legislative action required \nNot later than 180 days after the date of the enactment of this Act, and periodically thereafter as the Secretary considers appropriate, the Secretary shall submit to the appropriate committees of Congress a report regarding any legislative action, including resources, required to carry out this Act or implement a modernized electronic health record and related health information technology systems.", "id": "H0CA43A9352724E19B3D20EA317ABFD3D", "header": "Report on legislative action required", "nested": [], "links": [] }, { "text": "602. Report on current and future State interoperability with legacy electronic health record, new electronic health record, and future potential electronic health record and other health information technology and exchanges \n(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall, acting through the Under Secretary for Health, submit to the appropriate committees of Congress a report on the current state of interoperability, including the level of interoperability, with the Department’s legacy VistA electronic health record and legacy applications, including the Joint Longitudinal Viewer, as well as with the Oracle-Cerner product in use at five facilities of the Department between such systems, applications, and records and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems. (b) Contents \nThe report submitted under subsection (a) shall include a description of the following: (1) The level of interoperability that existed before the contract with Cerner entered into on May 17, 2018, between the Department and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems, including strengths and limitations, and a description of the applications and exchanges in use by the Department to facilitate such interoperability. (2) The level of interoperability that exists as of the date of the report between the Department and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems, including strengths and limitations, and a description of the applications and exchanges in use by the Department to facilitate such interoperability that are not those procured as part of the contract with Cerner entered into on May 17, 2018. (3) The level of interoperability that exists as of the date of the report between the Department and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems, including strengths and limitations, and a description of the applications and exchanges in use by the Department to facilitate such interoperability that are solely those procured as part of the contract with Cerner entered into on May 17, 2018, and that are in use at each facility of the Department (including any subsidiary facilities, such as community-based outpatient clinics) that is using the Oracle-Cerner product under such program as of the date of the report. (4) A discussion of the limitation of the Department’s interoperability with whom and of what nature, if any, described in paragraphs (2) and (3) and how the Secretary foresees such limitations being resolved in whole, in part, or in no way through a continued deployment of the Oracle-Cerner product, a procurement of another electronic health record, other health information exchanges, networks, applications or solutions. (5) A comprehensive interoperability roadmap and strategy for the next five fiscal years, including goals, interoperability levels, partners, timelines, regulatory and legal limitations and challenges, and required resources and authorities to achieve such goals. (6) A description of the role interoperable data exchange plays in improving health care outcomes and care coordination for veterans who are eligible to receive health care through programs and services of the Department and whether interoperability alone improves health care outcomes, access, and quality or whether it must be part of a larger functioning electronic health record that can facilitate, among other actions, the delivery of physician orders, referrals, dispense prescriptions, schedule appointments, and other such foundational and routine elements of modern health care delivery. (7) Other such matters as the Secretary considers appropriate, including recommendations for legislative action to achieve the goals set forth in the report. (c) Discussion \nThe discussion included under subsection (b)(4) shall include the following: (1) A clear indication of what entities the Department experiences the greatest level of interoperability limitations in current state such as the Department of Defense, community care networks of the Department, academic hospitals and the Department’s solution or solutions for remedying those limitations. (2) A description of what current health care referral patterns, patient volumes, and networks it currently experiences the greatest volume of care referral, data exchange and interoperability transactions and how such patterns and volumes are projected to evolve and change over the next one, five, and ten fiscal years. (3) In providing the description required by paragraph (2), an indication of whether the volume of care coordination, record exchange, and related matters is expected to be greater with the Department of Defense in the next one, five, and ten fiscal years or with community care networks of the Department, academic hospitals, and other Federal and non-Federal health entities.", "id": "HF8A159DA0F1448BB9C32F46555501DF8", "header": "Report on current and future State interoperability with legacy electronic health record, new electronic health record, and future potential electronic health record and other health information technology and exchanges", "nested": [ { "text": "(a) Report required \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall, acting through the Under Secretary for Health, submit to the appropriate committees of Congress a report on the current state of interoperability, including the level of interoperability, with the Department’s legacy VistA electronic health record and legacy applications, including the Joint Longitudinal Viewer, as well as with the Oracle-Cerner product in use at five facilities of the Department between such systems, applications, and records and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems.", "id": "H3443359C10FD4CEDAC38295D0144FC31", "header": "Report required", "nested": [], "links": [] }, { "text": "(b) Contents \nThe report submitted under subsection (a) shall include a description of the following: (1) The level of interoperability that existed before the contract with Cerner entered into on May 17, 2018, between the Department and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems, including strengths and limitations, and a description of the applications and exchanges in use by the Department to facilitate such interoperability. (2) The level of interoperability that exists as of the date of the report between the Department and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems, including strengths and limitations, and a description of the applications and exchanges in use by the Department to facilitate such interoperability that are not those procured as part of the contract with Cerner entered into on May 17, 2018. (3) The level of interoperability that exists as of the date of the report between the Department and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems, including strengths and limitations, and a description of the applications and exchanges in use by the Department to facilitate such interoperability that are solely those procured as part of the contract with Cerner entered into on May 17, 2018, and that are in use at each facility of the Department (including any subsidiary facilities, such as community-based outpatient clinics) that is using the Oracle-Cerner product under such program as of the date of the report. (4) A discussion of the limitation of the Department’s interoperability with whom and of what nature, if any, described in paragraphs (2) and (3) and how the Secretary foresees such limitations being resolved in whole, in part, or in no way through a continued deployment of the Oracle-Cerner product, a procurement of another electronic health record, other health information exchanges, networks, applications or solutions. (5) A comprehensive interoperability roadmap and strategy for the next five fiscal years, including goals, interoperability levels, partners, timelines, regulatory and legal limitations and challenges, and required resources and authorities to achieve such goals. (6) A description of the role interoperable data exchange plays in improving health care outcomes and care coordination for veterans who are eligible to receive health care through programs and services of the Department and whether interoperability alone improves health care outcomes, access, and quality or whether it must be part of a larger functioning electronic health record that can facilitate, among other actions, the delivery of physician orders, referrals, dispense prescriptions, schedule appointments, and other such foundational and routine elements of modern health care delivery. (7) Other such matters as the Secretary considers appropriate, including recommendations for legislative action to achieve the goals set forth in the report.", "id": "HB4F07AAB97D64340A401BAAAE8AD56A1", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Discussion \nThe discussion included under subsection (b)(4) shall include the following: (1) A clear indication of what entities the Department experiences the greatest level of interoperability limitations in current state such as the Department of Defense, community care networks of the Department, academic hospitals and the Department’s solution or solutions for remedying those limitations. (2) A description of what current health care referral patterns, patient volumes, and networks it currently experiences the greatest volume of care referral, data exchange and interoperability transactions and how such patterns and volumes are projected to evolve and change over the next one, five, and ten fiscal years. (3) In providing the description required by paragraph (2), an indication of whether the volume of care coordination, record exchange, and related matters is expected to be greater with the Department of Defense in the next one, five, and ten fiscal years or with community care networks of the Department, academic hospitals, and other Federal and non-Federal health entities.", "id": "H5623E4DEF272407BB4E8DA96C9E566A0", "header": "Discussion", "nested": [], "links": [] } ], "links": [] } ]
20
1. Short title; table of contents (a) Short title This Act may be cited as the Electronic Health Record Program Restructure, Enhance, Strengthen, and Empower Technology Act of 2023 or the EHR Program RESET 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—Program establishment, structure, management, and objectives Sec. 101. Establishment of electronic health record and health information technology modernization program and program office of Department of Veterans Affairs. Sec. 102. Establishment of Department of Veterans Affairs advisory subcommittee on electronic health record and health information technology modernization. TITLE II—Deployment criteria and thresholds to advance Sec. 201. Requirement to exceed or meet certain health care performance baseline or national metrics for continuation of electronic health record modernization program of Department of Veterans Affairs. Sec. 202. Requirements before continued deployment of new electronic health record by Department of Veterans Affairs at additional locations and facilities. Sec. 203. Sense of Congress on training and change management activities for deployment of new electronic health record. TITLE III—Enhanced support for health care and other facilities deploying new electronic health record Sec. 301. Report on support to facilities for new electronic health record deployment by Department of Veterans Affairs. Sec. 302. Modification of quarterly report to include information on system stability, satisfaction, morale, retention of staff, training, and change management with respect to new electronic health record of Department of Veterans Affairs. TITLE IV—Contracting and acquisition oversight and reform Sec. 401. Termination of contract with Oracle Cerner for training and change management. Sec. 402. Strengthening contract negotiation by Department of Veterans Affairs with respect to new electronic health record and designation of lead contract negotiator. Sec. 403. Independent verification and validation of certain major modernization efforts of Department of Veterans Affairs. Sec. 404. Annual report on efforts to maintain VistA electronic health record system. Sec. 405. Report on alternatives to current electronic health record technology and contract for Department of Veterans Affairs. Sec. 406. Report on leadership, acquisition, and contracting oversight lessons learned. Sec. 407. Report on contract savings, services provided at no cost to the Department, and contract cost incurred with respect to Oracle-Cerner product. TITLE V—Coordination with Department of Defense Sec. 501. Quarterly reports on system uptime, modernization, and coordination activities for information technology systems and policies of Department of Defense affecting operations of Department of Veterans Affairs. Sec. 502. Coordination with Department of Defense regarding information technology programs, systems, and services. TITLE VI—Other matters Sec. 601. Report on legislative action required. Sec. 602. Report on current and future State interoperability with legacy electronic health record, new electronic health record, and future potential electronic health record and other health information technology and exchanges. 2. Definitions Except as otherwise provided, in this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. (2) Department The term Department means the Department of Veterans Affairs. (3) Deputy Secretary The term Deputy Secretary means the Deputy Secretary of Veterans Affairs. (4) Fourth Mission The term Fourth Mission means the mission of the Department to improve the preparedness of the United States for response to war, terrorism, national emergency, and natural disaster. (5) Modernization; modernize The terms modernization and modernize , with respect to the electronic health record and other relevant health information technology systems of the Department, means to replace, in whole or in part, overhaul, or upgrade such record or other system in a manner that gives such record or other system longevity and ability to constantly be updated to meet the needs of veterans, employees of the Department, and the Department. (6) New electronic health record The term new electronic health record means any electronic health record provided for the Department on or after the date of the enactment of this Act, including pursuant to a contract entered into by the Department. (7) Oracle-Cerner product The term Oracle-Cerner product means the product provided under the contract entered into by the Department with Cerner pursuant to the electronic health record modernization program of the Department before the date of the enactment of this Act. (8) Secretary The term Secretary means the Secretary of Veterans Affairs. (9) Under Secretary The term Under Secretary means the Under Secretary for Health of the Department of Veterans Affairs. 101. Establishment of electronic health record and health information technology modernization program and program office of Department of Veterans Affairs (a) Establishment of program (1) Establishment There is established within the Veterans Health Administration a program to modernize the electronic health record and other relevant health information technology systems of the Department (in this section referred to as the Program ). (2) Purpose and goals The purpose and goals of the Program are as follows: (A) To deliver an electronic health record, platform, and related systems that allow the Department to deliver, as measured by quantifiable industry and Department-specific metrics, improved standardized workflows and consistent, quality health care to veterans through a modern, user-friendly, electronic health record and related systems that allow medical professionals of the Department to deliver health care to veterans safely. (B) To increase the productivity, efficiency, retention, satisfaction, and experience of such medical professionals. (C) To improve veteran experience and health outcomes. (D) To improve quality and coordination of care, reduce unnecessary variation, and improve data management. (E) To maintain, strengthen, and expand the research and development activities of the Department to include those activities required under title 38, United States Code. (F) To maintain and strengthen the ability of the Department to carry out Fourth Mission requirements, to include the requirements under title 38, United States Code. (G) To protect the health and other personal identifying information of veterans from being monetized, sold, or otherwise misused by any internal or external entity conducting work for, with, or on behalf of the Department. (H) To protect the health and other personal identifying information of veterans or other users of the electronic health record or other programs or services of the Department from cyber attacks, identity theft, and other cyber and security threats. (I) To deliver— (i) operational value to the Department from the use of the electronic health record and related systems; (ii) business value and return on investment to the Department from improvement to the electronic health record and related systems across all relevant domains, to include cyber and other security, business, and financial operations; and (iii) an evolving level of advanced interoperability of the electronic health record with the greatest number of electronic health record systems, platforms, services, and related interfaces in the Federal, private, nonprofit, and other relevant health sectors. (J) To develop health information technology modernization strategies and implementation plans that provide the Department with the most flexibility to continuously modernize the health information technology systems of the Department in an agile manner, not committed to any one particular vendor or vendors or technology solution or solutions, commonly known as vendor lock , and respond to new trends in the health information technology industry in real time, allowing for relevant and appropriate integration with other health information technology platforms and services. (K) To aggressively manage and monitor the implementation of all contracts and services procured by the Department related to such electronic health record and related services to control cost, ensure best value, monitor, and evaluate delivery of the services procured in line with program goals and desired outcomes. (L) To carry out the purposes and goals described in subparagraphs (A) through (K) at the most effective short-, medium-, and long-term cost to the Federal Government using industry and government best practices so as to protect taxpayers. (M) Such other purposes or goals as determined— (i) pursuant to the report submitted under subsection (b)(6); or (ii) by the Secretary, the Deputy Secretary, or the Under Secretary pursuant to a report submitted to the appropriate committees of Congress describing any new purpose or goal for the Program not later than 90 days after adding such purpose or goal to the Program. (b) Establishment of Program Management Office (1) In general There is established within the Veterans Health Administration the Electronic Health Record and Health Information Technology Modernization Program Management Office (referred to in this section as the Office ). The Secretary or the Deputy Secretary may rename the Office and upon renaming such office shall notify Congress not later than 60 days after such renaming. (2) Organizational location of Office (A) In general The Under Secretary shall determine the appropriate organizational location within the Veterans Health Administration for the Office so as to align responsibilities within existing or newly formed clinical, patient safety, health informatics, finance, and other business operations of the Veterans Health Administration. (B) Reorganization of office The Secretary, the Deputy Secretary, and the Under Secretary may move or reorganize the organizational location of the Office only after notifying the appropriate committees of Congress not later than 90 days before such move or reorganization. (3) Leadership and staff (A) Executive Director The Under Secretary shall establish a leader to be responsible for the Office, to be known as the Executive Director of the Electronic Health Record and Health Information Technology Modernization Program Management Office. (B) Program Functional Champion (i) In general The Under Secretary shall establish a Functional Champion of the Program who will serve with the Executive Director of the Office. (ii) Duties The duties of the Functional Champion are— (I) to be the lead clinical executive to guide and address functional initiatives to support medical personnel of the Department in the deployment of a new electronic health record and other health information technology products; and (II) to carry out such additional duties as the Under Secretary and the Executive Director of the Office may prescribe. (C) Other offices and positions (i) In general The Under Secretary shall direct the establishment of various other relevant sub-offices and positions for the Office as the Under Secretary considers necessary drawing upon best practices from the Department, the Department of Defense, and other government, private sector, and nonprofit models and develop an organizational model tailored to the Department for business and management effectiveness. (ii) Types of sub-offices At a minimum, within the Office there shall be offices dedicated to— (I) training; (II) change management; (III) communications; (IV) field support; (V) contract task order development, monitoring, and oversight; (VI) metrics, performance, and value; and (VII) quality and safety. (iii) Sense of Congress It is the sense of Congress that— (I) the Department should develop a model under clause (i) that is driven by best practices from government and industry but not replicate for the sake of replication structures used by the Department of Defense or elsewhere that do not factor in the patient population, unique mission, Fourth Mission requirements, and research requirements of the Department, and other relevant factors; and (II) the structure of such model should be driven by the objectives of the Office and the desired end state to improve value and quality of care and health outcomes for veterans while improving provider efficiency and productivity and operations of the Department. (4) Function and duties (A) Function The function of the Office shall be, with respect to all aspects of the modernization or replacement of the electronic health record and other key health information technology and services of the Department— (i) to develop and execute strategy in coordination with relevant offices and entities of the Department; and (ii) to perform management, oversight, and accountability, including over all contracts, coordination, planning, management, and implementation. (B) Duties The duties of the Office shall include the following: (i) Ensuring the Program delivers the tools medical professionals of the Department need to safely deliver care to veterans while increasing productivity, satisfaction, and efficiency as measured by metrics. (ii) Organizing all of the relevant health, business, informatics, and related offices of the Veterans Health Administration to ensure a coordinated strategy regarding the new electronic health record and other current and future key health information technology and services of the Department. (iii) Coordinating with other offices and entities of the Department with key dependencies and responsibilities in the success of the Program or operational needs for the services of the Program, including the Office of Information and Technology, the Veterans Benefits Administration, and other relevant offices. (iv) Ensuring the stability and security of the new electronic health record and other current and future key health information technology and services of the Department. (v) Oversight of work performed by contractors regarding such record, technology, and services. (vi) Developing a health information technology strategy of the Department— (I) to increase quality of care, health outcomes, and experience of care received by veterans; (II) to increase value to business and health operations of the Department; (III) to enable the further recruitment and retention of medical professionals; and (IV) to coherently define how disparate health information technology efforts of the Department can be aligned to deliver on that strategy with concrete goals, metrics, and outcomes. (vii) Developing goals, key performance indicators, and metrics to evaluate such record, technology, and services, including with respect to financial performance, provider productivity, and health performance. (viii) Monitoring such goals, performance indicators, and metrics to develop actions for when such goals, performance indicators, and metrics have not been met. (ix) Improvement of business operations of the Department relating to such record, technology, and services. (x) Such other matters as the Secretary, the Deputy Secretary, or the Under Secretary consider appropriate. (5) Report on establishment of Office (A) In general Not later than 90 days after the date of the enactment of this Act, the Deputy Secretary, the Under Secretary, and the Chief Information Officer of the Department shall submit to the appropriate committees of Congress a single report outlining the establishment of the Office and its current strengths and weaknesses. (B) Elements The report required under subparagraph (A) shall include— (i) a clear articulation of the objective of the Program and how that objective is tied to the broader health information technology modernization strategy and health care mission of the Department, which shall include functional and technical quality standards to define success of the Program based on clear demonstration of improved health and business operational metrics; (ii) a strategy describing how technology procured by the Department shall be part of a comprehensive approach for using health information technology, models of care delivery, and research conducted by the Department to strengthen services for veterans and veteran engagement; (iii) concrete steps for how the Department will use internal and external resources to operationalize the strategy under clause (ii) through technical and functional engineering expertise to streamline the organization and governance of the Office of Information and Technology, the Veterans Health Administration, and other relevant offices or entities of the Department to enact that strategy; (iv) an assessment of the current and desired future state, with timelines to achieve such future state, of enterprise business and technical architecture, information technology product consolidation and management, information technology governance, business and clinical process standardization and quality control of the Department and the steps that are or will be taken in response to that assessment, including a timeline for execution of those reforms; and (v) a description, as of the date of the report, of the current status of the objectives of the Office, whether those objectives are being met, and if they are not being met the steps the Department will take, including a timeline, to achieve those objectives. (c) Deputy Chief Information Officer for Electronic Health Record and Health Information Technology (1) Establishment There is established within the Office of Information and Technology of the Department a Deputy Chief Information Officer for Electronic Health Record and Health Information Technology who shall be accountable for all technical implementation of the modernization of the electronic health record and health information technology, in coordination with the Program and the Office. (2) Renaming The Chief Information Officer of the Department may rename the position established under paragraph (1) and upon renaming such position shall notify Congress not later than 90 days after such renaming. (3) Chain of command The Deputy Chief Information Officer for Electronic Health Record and Health Information Technology of the Department shall report to the Chief Information Officer and the Assistant Secretary for Information and Technology of the Department. (4) Duties The Deputy Chief Information Officer for Electronic Health Record and Health Information Technology of the Department shall be responsible for organizing all functions of the Office of Information and Technology of the Department to support the modernization of the electronic health record and health information technology of the Department, including cyber security, system stability and uptime, system performance, and integration with relevant platforms, systems, and services, including those of the Department of Defense and other Federal agencies. (5) Additional guidance The Chief Information Officer of the Department may provide additional or modified guidance for the role of Deputy Chief Information Officer for Electronic Health Record and Health Information Technology of the Department. (d) Administrative matters (1) Accountability and oversight for program The Deputy Secretary shall be the accountable official for the Program, oversee the Program, and may direct resources, subject to appropriations, throughout the Department, particularly to the Veterans Health Administration and the Office of Information and Technology of the Department, to facilitate successful planning, management, oversight, and execution of the Program. (2) Responsibility for program and office The Under Secretary shall be the responsible official for the Program and the Office, working together with the Executive Director of the Office. The Under Secretary and the Executive Director of the Office shall be directly responsible and in charge of the daily work of the Program and the Office. (3) Tracking and reporting of funds Any funds directed by the Deputy Secretary to other entities of the Department to support the Program or the Office shall be tracked and reported as falling under the Program regardless of the office that manages and executes those particular funds. 102. Establishment of Department of Veterans Affairs advisory subcommittee on electronic health record and health information technology modernization (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary, acting in coordination with and through the Under Secretary, shall establish a permanent subcommittee of the special medical advisory group established under section 7312 of title 38, United States Code, focused on electronic health record and health information technology modernization of the Department, to be known as the Subcommittee on Electronic Health Record and Health Information Technology Modernization (in this section referred to as the Subcommittee ). (b) Composition of Subcommittee (1) In general The Subcommittee shall be composed of not fewer than 5 and not more than 10 individuals selected by the Under Secretary who have a current or previous documented and relevant deep professional background within a leading health care organization or organizations of the United States in the private or nonprofit health sector, including— (A) experience with health systems; (B) experience as a health executive, chief health information or informatics officer, chief medical information officer, clinician, or nurse with deep experience implementing or overseeing medium- or large-scale health information technology transformation, including electronic health record deployments and business modernizations; (C) experience improving health care outcomes; (D) experience managing change; or (E) experience in developing and implementing electronic health record training. (2) Nurse or nurse executive At least one member of the Subcommittee shall be a nurse or nurse executive. (3) Member of veterans service organization At least one member of the Subcommittee shall be a representative of a Federally chartered, membership-based veterans service organization. (4) Limitation An individual is not eligible to be a member of the Subcommittee if the individual— (A) is from the information technology vendor or technology development sector; or (B) had a role in the Oracle or Cerner procurement by the Department or related contracts for program management services for the electronic health record modernization program of the Department. (c) Duties The Subcommittee shall produce periodic reports and recommendations as directed or requested by the Secretary or the Under Secretary on plans and opportunities for the Department to improve its strategy, goals, and implementation for and deployment of electronic health records and health information technology to better improve quality of care, patient outcomes, operational efficiency and productivity, provider productivity and engagement, and related matters based on national best practices that are relevant to the Department. (d) Administration Administration of the Subcommittee, including terms of service and replacement of members, shall be guided by the rules and charter of the special medical advisory group established under section 7312 of title 38, United States Code. (e) Termination This section shall terminate on the date on which the Secretary determines that a modernized electronic health record has been deployed to every medical center and other relevant medical facility of the Department. 201. Requirement to exceed or meet certain health care performance baseline or national metrics for continuation of electronic health record modernization program of Department of Veterans Affairs (a) In general The Secretary may not initiate a new go-live deployment of the electronic health record modernization program until the quality, access, productivity, and all other health and operational performance metrics data of the Veterans Health Administration and the Office of Information and Technology of the Department at each facility of the Department (including any subsidiary facilities, such as community-based outpatient clinics) that is using the Oracle-Cerner product under such program as of January 31, 2023, has either— (1) exceeded the health and information technology operational levels of the facility before deploying such product; or (2) met national standards set forth by the Veterans Health Administration for quality, safety, efficiency, and financial performance as established by the Program established under section 101(a) and the Under Secretary. (b) Establishment of national standards (1) In general The Under Secretary and the Program established under section 101(a) shall establish national standards required under subsection (a)(2) to create a common health performance standard of the Veterans Health Administration under which all medical facilities of the Department may be evaluated under that subsection that takes into account relevant differences in size, complexity, and market of each facility. (2) Common metric and standard In establishing standards under paragraph (1), the Under Secretary and the Program established under section 101(a) shall establish a common data driven metric and service delivery standard for care for veterans by which medical facilities of the Department can be evaluated. (3) Reports (A) Initial report Not later than 60 days after the establishment of standards under paragraph (1), the Program established under section 101(a) shall submit to the appropriate committees of Congress a report on such standards. (B) Modification to standards Not later than 30 days before the modification to any standards established under paragraph (1), the Program established under section 101(a) shall submit to the appropriate committees of Congress a report on such modification. (c) Termination or continuation of use (1) In general If, by the date that is 180 days after the date of the enactment of this Act, the data from the first five facilities of the Department as well as any relevant remote sites, consolidated patient account centers, subsidiary facilities, such as community-based outpatient clinics that deployed the Oracle-Cerner product, have not reached the requirements under subsection (a)— (A) not later than 13 months after such date of enactment, the Secretary, in consultation with the Deputy Secretary, the Under Secretary for Health, the Chief Information Officer, and the Executive Director of the Office, shall— (i) submit to the appropriate committees of Congress a plan on how the Department will meet the requirements under such subsection either through the existing technology strategy of the Department, a new procurement, or some other combination or approach; and (ii) publicly announce a replacement technology solution or solutions or contract or contracts, including a new timeline and strategy to implement such solution or solutions; (B) not later than 180 days after completing the requirements under subparagraph (A), the Secretary shall— (i) terminate, cancel, or modify the contract for the Oracle-Cerner product; and (ii) develop appropriate coordination and transition plans for the transition of use of technology from the Oracle-Cerner product back to VistA or from the Oracle-Cerner product to an alternate electronic health record technology. (2) Limitation on cancellation of existing contract In carrying out paragraph (1), to ensure a smooth transition and reduce operational and care delivery disturbance, the Secretary may not terminate any existing electronic health record contract until a replacement contract and strategy for such electronic health record are in place or near award and commencement. (3) Extension of time (A) In general Not later than 120 days after the date of the enactment of this Act, the Secretary may, for one time only, temporarily delay each of the requirements of paragraph (1) for a period not to exceed 180 days if the Secretary determines such delay is necessary due to mission critical, national emergency, national security, patient safety, quality and access to care, protection of taxpayer investments, or other unforeseen reasons. (B) Justification for extension If the Secretary determines that a delay under subparagraph (A) is necessary, not later than 105 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report setting forth the justification of the Secretary for such delay. 202. Requirements before continued deployment of new electronic health record by Department of Veterans Affairs at additional locations and facilities (a) Report on metrics To determine continued deployment (1) In general Not later than 30 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress a report containing the metrics, readiness criteria, and governance decision process that the Department will use to determine whether continued deployment of the electronic health record technology of the Department is appropriate in June 2023, or whether a further pause in such deployment is warranted to address system issues, patient safety, technology features, provider efficiency, and related matters. (2) Metrics The metrics included in the report submitted under paragraph (1) shall— (A) be data driven based on industry standards, metrics of the Department, and the unique health care delivery needs of the Department to serve veterans, perform research, and support Fourth Mission requirements; (B) ensure patient safety, quality of and access to care, system stability, cyber security, and sound financial and business administration activities are successfully evaluated as stable and functional at desired performance levels and in place to proceed; (C) ensure completion of relevant training and change management activities; and (D) include any other specific readiness criteria that each location of the Department is required to meet before moving forward with continued deployment of the electronic health record technology of the Department, as determined by the Department. (3) Other elements The report submitted under paragraph (1) shall— (A) indicate how the metrics required under the report are or will be adjusted to incorporate the research function and health complexity levels of facilities of the Department and whether additional or different metrics are or will be added based on more or less complex facilities or facilities with a greater research function; (B) explain how the metrics and readiness criteria under the report incorporate appropriate input and findings of the National Center for Patient Safety, the Clinical Episode Review Team, or the Office of the Assistant Under Secretary for Health for Quality and Patient Safety of the Veterans Health Administration, or any successor office, and resolve any issues raised by those offices to the satisfaction of those offices through information technology changes, functionality, training, and other areas, including regarding patient record flags, behavioral health and suicide risks, configuration of roles and responsibilities, referrals, ambulatory care, pharmacy, identity, orders, medication administration, and other areas, which shall include a specific description of how each issue identified in the March 2023 report of the Department entitled, EHRM Sprint Report has been resolved or mitigated; and (C) provide a clear process description reflecting— (i) the repeatable method for how decisions relating to deployment of electronic health record technology are made within the Department from the field level up to the Secretary; and (ii) the input received from each relevant element of the Department before such a decision is made, to include input from the National Center for Patient Safety. (4) Certification In submitting metrics under paragraph (1), the Deputy Secretary shall certify that the metrics have been approved by the Under Secretary, the Executive Director of the Office, and the Chief Information Officer of the Department. 203. Sense of Congress on training and change management activities for deployment of new electronic health record It is the sense of Congress that— (1) training and change management with respect to any new electronic health record shall be led by the Department and employees of the Department who are uniquely positioned to understand the legacy VistA system of the Department, the existing and future standardized workflow of the Department, and the history, culture, and mission of the Department; and (2) any contractors of the Department involved in the implementation of any new electronic health record should serve in a support function to the Department rather than lead and conduct all training and change management activities. 301. Report on support to facilities for new electronic health record deployment by Department of Veterans Affairs (a) In general Not later than 90 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress a report summarizing the standard support services that the Department does or intends to provide to each facility in preparation for potential future deployment of the new electronic health record of the Department at such facility and in the period after such deployment. (b) Support To be provided The support required to be provided to a facility by the Department and included in the report under subsection (a) shall include, at a minimum, the following: (1) Budgetary resources and support to address the need for increased staffing at the facility, reduced productivity and collections, increased use of community care networks, and other issues identified in the report of the Institute for Defense Analyses dated October 2022, entitled Independent Cost Estimate for Veterans Affairs Electronic Health Record Modernization Program. (2) Increased staffing level surge at the facility, including temporary and permanent staff. (3) Steps to be taken by the Department to reduce burnout and turnover. (4) Enhanced training to include government or vendor supplied trainers to maintain a presence until dismissed by the director or other relevant leader of the facility after deployment of the new electronic health record. (5) A description of any additional legislative action requested to improve the level of support services required at each such facility for such deployment. (6) Such other support as the Deputy Secretary determines necessary in consultation with the Under Secretary, the Executive Director of the Electronic Health Record and Health Information Technology Modernization Program Management Office, and the Chief Information Officer. 302. Modification of quarterly report to include information on system stability, satisfaction, morale, retention of staff, training, and change management with respect to new electronic health record of Department of Veterans Affairs Section 503(b) of the Veterans Benefits and Transition Act of 2018 ( Public Law 115–407 ; 38 U.S.C. 5701 note prec.) is amended— (1) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and moving those subparagraphs, as so redesignated, two ems to the right; (2) in the matter preceding subparagraph (A), as designated by paragraph (1), by striking Not later than 30 days and inserting the following: (1) In general Not later than 30 days ; and (3) by adding at the end the following new paragraph: (2) Additional matters To be included (A) In general The Secretary shall include with any update submitted under paragraph (1) on or after the date of the enactment of the Electronic Health Record Program Restructure, Enhance, Strengthen, and Empower Technology Act of 2023 , with respect to the quarter covered by the report, the following: (i) Data on employee satisfaction with the new electronic health record of the Department of Veterans Affairs using credible, industry standard surveys and data analysis. (ii) Data on retention, morale, and turnover at sites using such new record. (iii) Data on satisfaction with training and change management activities provided to employees and facilities of the Department regarding such record. (iv) Data on ticket resolution and closure. (v) The specific system enhancements to include configuration changes and new service requests that have been tested and put into production for electronic health record system users and a list and description of remaining configuration changes and new service requests under development or in requirements development and the estimated date for such improvements to be tested and put into production for electronic health record system users. (vi) The system performance statistics for such record, to include— (I) cause, length, and source of or responsible entity for performance issues; and (II) corrective steps taken to rectify outages, performance degradations, incomplete functionality, and loss of redundancy. (vii) The health operations, productivity, and quality metrics of each facility using such new record as of the end of the quarter covered by the report compared to the health operations, productivity, and quality metrics of that facility before deployment of the new record while using the legacy VistA and related systems and compared to the national quality and access standards established by the Veterans Health Administration to evaluate performances of medical facilities under section 201(b) of the Electronic Health Record Program Restructure, Enhance, Strengthen, and Empower Technology Act of 2023. (viii) Revenue, collections, and all other financial data at facilities using such new record, including an assessment of planned versus actual revenue and collections and steps taken to remediate performance challenges as well as a comparison to revenue, collections, and all other financial data collected before the new record was in use. (ix) A description of the number of cure notices, letters of concern, and other relevant corrective contracting actions taken by the Department, the responses to those actions by relevant contractor or contractors and any credits, reimbursements, or other relevant repayment or corrective action agreed upon or issued and the dates, purposes, and reasons for issuance of such cure notices, letters of concern, and other relevant requests for corrective actions and the status or resolution of those matters. (B) Compilation of information The information provided under subparagraph (A) shall be— (i) compiled in a manner that shows the information over time, at the facility level and aggregated for all facilities; (ii) compiled using industry-based questions, standards, and metrics; and (iii) informed by the unique veteran care delivery services and functions of the Department.. 401. Termination of contract with Oracle Cerner for training and change management (a) In general Not later than 275 days after the date of the enactment of this Act, the Secretary shall— (1) terminate all contracts of the Department with Oracle Cerner for training and change management related to electronic health record modernization; and (2) cease to issue task orders for training and change management activities from Oracle Cerner or subcontractors of Oracle Cerner. (b) Replacement of services Before terminating all contracts of the Department with Oracle Cerner as required under subsection (a)(1), the Secretary, as the Secretary determines necessary and consistent with section 203 of this Act, shall put plans in place to replace the services provided under those contracts with a new contract or contracts, competitively procured, with companies with a proven track-record in delivering electronic health record and health information technology training and change management in medium or large health systems in the United States. (c) Report Not later than 200 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the implementation of this section. 402. Strengthening contract negotiation by Department of Veterans Affairs with respect to new electronic health record and designation of lead contract negotiator (a) Designation of lead negotiator for new electronic health record (1) In general The Secretary shall designate one senior career official of the Department, at grade GS–15 of the General Schedule or an equivalent or higher grade, as the lead negotiator for the Department on all current and future contracts relating to the new electronic health record of the Department (in this section referred to as the Negotiator ). (2) Organization The Negotiator shall reside within the Office of Acquisition, Logistics, and Construction of the Department and report to the Chief Acquisition Officer of the Department. (3) Notification Not later than 15 days after designating the Negotiator under paragraph (1), the Secretary shall notify the appropriate committees of Congress of such designation. (b) Objective of negotiations The goal of contract negotiations and activities conducted by the Negotiator with respect to contracts relating to the new electronic health record of the Department are, at a minimum— (1) to ensure that any future contracts or task orders for such a record, including modifications of existing contracts or new awards, shall— (A) seek to protect the interest of taxpayers to the greatest extent practicable; and (B) recover, by whatever means available, direct and indirect costs that the Department and veterans have already incurred due to patient harm, poor performance, inadequate training, insufficient ticket resolution, system crashes, inefficient processes driven by new technology, extra Department personnel hours, and other factors relating to the use of the Oracle-Cerner product; (2) to consider options to descope existing contracts and secure discounted rates on future work and sustainment work; (3) to achieve aggressive industry standard service-level agreements and significant financial penalties for failure to meet those standards; (4) to contractually codify the services, technology features, and other elements that have been verbally offered to the Department at no cost by a contractor or contractors related to such new record; (5) to develop an organized and properly phased contract cancellation, transition, and replacement strategy should the negotiations not result in best value terms for the taxpayer, veterans, and medical personnel of the Department; and (6) to address issues of conflicting or duplicative contracting requirements to include those between contractors deploying various aspects of such new record and the program management office contract, including potential conflicts of interest and perverse incentives for one set of contractors to inhibit or slow the work of other contractors for potential financial gain and leverage for current and future work for the Department. (c) Coordination of activities The Negotiator shall closely coordinate with individuals in the Program and the Office established under section 101 who have day-to-day responsibility for existing contract oversight with respect to health record contracts and relevant health information technology contracts. (d) Consultation The Negotiator shall leverage and consult with all relevant stakeholders of the Department, but at a minimum the Secretary, the Deputy Secretary, the Office of General Counsel, the Under Secretary, and the Chief Information Officer and the Assistant Secretary for Information and Technology of the Department, in conducting negotiations relating to the electronic health record of the Department. (e) Assistance (1) Other Federal agencies In conducting negotiations relating to the new electronic health record of the Department, the Negotiator or the Secretary may request assistance from the other Federal agencies that have experienced contract negotiators, legal counsel, litigators, and other relevant personnel, particularly those with specialties and experience in health information technology acquisitions, contracts, negotiations, and litigation. (2) Outside entities (A) In general In conducting negotiations, the Negotiator or the Secretary may engage non-Federal, private sector, or nonprofit entities to perform independent contract and legal advisory services for the Department so as to advise the Department on options and strategies to achieve a revised, modified, or new contract for a new electronic health record that is of better value to the taxpayer or where necessary for appropriate cancellation terms and transition planning. (B) Types of entities In procuring services under subparagraph (A), the Negotiator and the Secretary— (i) shall only engage with entities that have a proven, long-term experience in delivering value and resolution to entities through high-dollar contracts, agreements, settlements, or litigation structured to deliver performance, accountability, and value to taxpayers, governments, or clients, as the case may be; and (ii) shall not engage with a company that works for Oracle, Oracle Cerner, or any subcontractor of either such company. (f) Terms relating to protection of data Any contract of the Department related to electronic health records entered into on or after January 1, 2018, shall include a clause or clauses, or be modified to include such clause or clauses, protecting the health and other personal identifying data of veterans to include a total prohibition on that data being monetized, sold, controlled, or otherwise misused by any internal or external entity conducting work for, with, or on behalf of the Department, including data that has gone through anonymization. 403. Independent verification and validation of certain major 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 Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives 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) Covered program 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) Priority defense business system The term priority defense business system has the meaning given such term in section 2222(i) of title 10, United States Code. (3) Major defense acquisition program The term major defense acquisition program has the meaning given such term in section 4201 of title 10, United States Code. 404. Annual report on efforts to maintain VistA electronic health record system (a) In general Not later than 60 days after the date of the enactment of this Act, and not later than 90 days after the beginning of each fiscal year thereafter, the Secretary shall submit to the appropriate committees of Congress a report on the VistA system used by the Department. (b) Elements The report required by subsection (a) shall include the following: (1) The cost to maintain and strengthen the VistA system for each of fiscal years 2018 through 2022, for funding relating to both development and operations and maintenance. (2) The projected cost to maintain and strengthen such system for fiscal year 2023, for funding relating to both development and operations and maintenance. (3) The projected cost to maintain and strengthen such system for each of fiscal years 2024 through 2033, for funding relating to both development and operations and maintenance. (4) The planned enhancements underway to strengthen and secure the VistA system until its features and modules are no longer needed by the Department through such system, or have been subsumed or replaced by other programs and information technology services and systems, including cyber security enhancements, movement to the cloud, and new features and services. (5) A list of modules or features of the VistA system that are not planned to be replaced, subsumed, or otherwise incorporated into a new electronic health record or other health information technology and are planned to reside in a remnant VistA system, or successor remnant system. (c) Initial report The first report required by subsection (a) shall include a description of any enhancements to the VistA system that have occurred during the one-year period preceding the date of the report and those planned for the fiscal year in which the report is submitted. (d) Subsequent reports Each report after the first report required by subsection (a) shall include a description of any enhancements to the VistA system that have occurred during fiscal year immediately preceding the date of the report, those planned, but not implemented and an explanation for such lack of implementation and those planned for the fiscal year in which the report is submitted. (e) Termination This section shall terminate on the date that is 15 years after the date of the enactment of this Act. 405. Report on alternatives to current electronic health record technology and contract for Department of Veterans Affairs (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on paths the Department and Congress should consider to achieve a modernized electronic health record as an alternative to the Oracle-Cerner product. (b) Elements The report required under subsection (a) shall include the following with respect to an alternative path or paths to be considered by the Department and Congress: (1) Considerations for and against such alternative path or paths. (2) Accurate reinvestment analysis of expenditures, developed consistent with cost estimation and other relevant guidance issued by the Comptroller General of the United States, already made on the modernized electronic health record as of the date of the report, including an assessment of which of those expenditures would have to be made again and which would not based on an alternative technology and contract path chosen and the ability to repurpose investments. (3) The capabilities and weaknesses of other technology solutions the Department could pursue, including an assessment of long-term value and return on investment from a health delivery, health quality, and operational perspective, and the acquisition process that could be used to procure such solutions. (4) An analysis of electronic health record and health information technology market trends, capabilities, and market leaders to include user satisfaction and health outcome statistics to the extent they are relevant to the goals and strategy of the Department. (5) An analysis of whether the Department choosing an alternative path or paths would, and to what extent, or would not impact necessary alignment with the electronic health record modernization conducted by the Department of Defense commonly known as MHS GENESIS. (6) An analysis of whether the ability to share and exchange records in an interoperable manner, and with what level of interoperability, with the Department of Defense would be negatively impacted or positively enhanced, or neither, by an alternative technology path or contract. (7) An analysis of whether the ability share and exchange records in an interoperable manner, and with what level of interoperability, with non-Federal health entities would be negatively impacted or positively enhanced, or neither, by an alternative technology path or contract. (8) An estimated timeline to restart deployment of a new electronic health record of the Department with a different vendor based on an alternative technology path or contract. (9) An assessment of options that may include— (A) a narrow or descoped contract supplemented by other contracts to strengthen areas in which the Oracle-Cerner product performs in a substandard fashion or is inadequate to the health delivery and operational needs of the Department; or (B) any other combination of possibilities. (10) An analysis of the strengths and weaknesses of the alternative path or paths towards the Department meeting or exceeding the highest industry interoperability standards. (11) An analysis of whether the interoperability of the Oracle-Cerner product with the private sector, the community care networks of the Department, academic hospitals, Federal health entities, and other relevant health providers, systems, and networks is demonstrably superior to other electronic health records in the health technology industry. (12) A description of which path or paths the Secretary has selected to take or not take, the reason for such selection, and the key milestones to achieve any new course of action described, including any new Departmental structures, estimated life cycle costs, and timelines. (13) Such other matters as the Secretary considers appropriate. 406. Report on leadership, acquisition, and contracting oversight lessons learned (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, through the Chief Acquisition Officer, the Under Secretary for Health, and the Executive Director of the Electronic Health Record and Health Information Technology Modernization Program Management Office, shall submit to the appropriate committees of Congress a report detailing the structural controls, programs, and processes the Department has or will put in to place to prevent current or future failures with respect to leadership engagement and management, strategic planning, contracting and contract oversight, and program management in— (1) the implementation of the electronic health record modernization program of the Department from 2017 to the date of the report; and (2) any large acquisitions and major modernizations conducted, including those that are ongoing or planned by the Department after the date of the report. (b) Elements The report required under subsection (a) shall include— (1) steps to improve the composition of and management of task orders placed on the current and any future electronic health record contract or other major acquisition or modernization, including covered programs (as defined in section 403(f)); (2) a timeline to achieve the reforms described in the report or the date upon which reforms already put in place were finalized and implemented; (3) a description of lessons learned regarding the need for stable consistent leadership, strategy, and management of large modernization programs and how to prevent such challenges as experienced with the electronic health record modernization initiated in 2017 from occurring again in any major program of the Department; and (4) a description of the number of acting or Senate-confirmed Deputy Secretaries of the Department and the number of leaders of the program management office of the electronic health record modernization program of the Department from 2017 to the date of the report. (c) Legislative or administrative action The report required by subsection (a) shall include a description of any legislative or administrative action necessary to achieve the structural controls described in such subsection. 407. Report on contract savings, services provided at no cost to the Department, and contract cost incurred with respect to Oracle-Cerner product Not later than 90 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress a report that contains the following: (1) A detailed list of the services, functions, or other matters that Oracle-Cerner provided to the Department without compensation since assuming ownership of Cerner in June 2022. (2) A list of specific credits or reimbursements, to include dollar amounts and an indication of the specific failure for which those credits or reimbursements are provided, Cerner or Oracle-Cerner has provided to the Department across all domains for contract failure, service-level agreement failure, performance failure, training and change management failure, ticket system failure, and related issues during the period beginning on the award of the contract to Cerner on May 17, 2018, and ending on the date of the report. (3) The estimated and known costs, both direct and indirect, incurred by all facilities using the Oracle-Cerner product as of the date of the report due to— (A) increased staffing; (B) lost productivity; (C) increased referrals to community care; (D) copayment and debt management actions; (E) staff turnover; (F) reduced collections; and (G) other factors as determined by the Secretary. 501. Quarterly reports on system uptime, modernization, and coordination activities for information technology systems and policies of Department of Defense affecting operations of Department of Veterans Affairs (a) In general Not later than 90 days after the date of the enactment of this Act, and not less frequently than quarterly thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the system uptime, modernization, and coordination activities for information technology systems of the Department of Defense that are relied upon by the Department of Veterans Affairs to deliver health care, compensation, memorial benefits, and other services required to be provided under the laws administered by the Secretary of Veterans Affairs. (b) Elements Each report required by subsection (a)— (1) shall identify steps taken by the Secretary of Defense to improve governance, coordination, and policy decisions conducted with the Secretary of Veterans Affairs related to information technology of the Department of Defense and related systems upon which the Department of Veterans Affairs has an operational dependency; (2) shall include a schedule for the modernization or replacement of key information technology and related systems of the Department of Defense upon which the Department of Veterans Affairs has an operational dependency, including the Defense Enrollment Eligibility Reporting System, or successor system; (3) shall include a schedule for the movement by the Department of Defense of the MHS GENESIS software and related systems to the cloud; (4) shall include information regarding goals for and actual uptime and stability of all information technology and related systems of the Department of Defense— (A) that the Department of Veterans Affairs relies on to operate, manage, or administer the current or any future electronic health record of the Department of Veterans Affairs; (B) on which the Department of Veterans Affairs has an operational dependency; or (C) that is a critical system or service relied upon by the Department of Veterans Affairs for the delivery of health care, compensation, memorial benefits, or other services; (5) shall identify— (A) any system or systems, infrastructure, or related entities of the Department of Defense that are critical to operations of the Department of Veterans Affairs; (B) any performance issues with respect to those systems, infrastructure, or related entities; (C) steps taken by the Secretary of Defense to remediate any such issues in the short, medium, and long term and timelines for such remediation; (D) the accountable offices within the Department of Defense for the maintenance, replacement, and stability of those systems, infrastructure, or related entities; and (E) policies and governance structures regarding collaboration and coordination with the Department of Veterans Affairs with respect to changes to those systems, infrastructure, or related entities; (6) shall include a description of the definitions, monitoring, and reporting of service level agreements between the Department of Defense and the Department of Veterans Affairs, including specific critical infrastructure availability targets, incident reporting mean time to resolution, and related matters; (7) shall include a description of the service reliability measurements in use and the previous quarter’s actual reliability data by the Department of Defense as it relates to services relied upon by the Department of Veterans Affairs measured as experienced by the Department of Veterans Affairs, inclusive of any Department of Defense network, identity, and security services dependencies; (8) shall include a complete list of incident reporting, root cause analyses, after action reporting, and preventive measures for each event in which a Department of Defense system or service’s degraded performance or outage caused operational harm to the Department of Veterans Affairs inclusive of network and security services degradations, outages, and related matters; and (9) may include an identification of legislative or administrative action required to accomplish the goals in the report. (c) Initial report The first report required under subsection (a) shall include baseline information, including current system uptime and goals and targets with respect to system uptime, and steps the Department of Defense is taking to better meet standards, goals, and targets with respect to system uptime. (d) Subsequent reports Each report after the first report required under subsection (a) shall, for the quarter covered by the report— (1) discuss updates on the information provided in previous reports, including system uptime performance; (2) indicate the performance of the Department of Defense in meeting the goals established in previous reports; (3) indicate the steps the Department of Defense is taking to address the areas in which the Department is not meeting those goals; and (4) indicate improvements to and work in progress toward strengthening policies and governance structures regarding collaboration and coordination with the Department of Veterans Affairs with respect to changes to the systems, infrastructure, or related entities with respect to which the Department of Veterans Affairs has an operational dependency. (e) Termination This section shall terminate on the date that is 10 years after the date of the enactment of this Act. (f) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and (2) the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives. 502. Coordination with Department of Defense regarding information technology programs, systems, and services (a) In general Not later than 45 days after the date of the enactment of this Act, the Deputy Secretary shall submit to the appropriate committees of Congress, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report indicating the additional support needed by the Department from the Department of Defense to make the current and future delivery of health, benefits, memorial affairs and other services of the Department stable and successful, including through reliable availability of data and services of the information technology systems and programs of the Department of Defense, including the legacy VistA and new electronic health record of the Department. (b) Elements The report required under subsection (a) shall include a description of support, collaboration, and coordination, needed by the Department from the Department of Defense relating to— (1) governance between the Department of Defense and the Department of Veterans Affairs related to information technology, systems, services, networks, and related infrastructure; (2) coordination and policy between the Department of Defense and the Department of Veterans Affairs related to information technology, systems, services, networks, and related infrastructure; (3) system availability, stability, and uptime standards of critical information technology systems, systems, services, networks, and related infrastructure; (4) definition, monitoring, and reporting of service level agreements between the Department of Defense and the Department of Veterans Affairs related to information technology, systems, services, networks, and related infrastructure; (5) service reliability measurements as experienced by the Department of Veterans Affairs, including any network, identity, and security service dependencies with the Department of Defense; (6) the current state and desired future state transparency in incident reporting, root cause, after action reporting, and preventative measures for information technology, systems, services, networks, and related infrastructure events of the Department of Defense in which the Department of Veterans Affairs has an operational dependency; (7) the current state and desired future state of network and security services of the Department of Defense on which the Department of Veterans Affairs has an operational dependency or that significantly impact the Department of Veterans Affairs; (8) a description of the key systems of the Department of Defense that the Department of Veterans Affairs believes need modernization or replacement so as to improve delivery of services to veterans and operations of the Department of Veterans Affairs; and (9) Such other related matters as the Deputy Secretary may choose to include. 601. Report on legislative action required Not later than 180 days after the date of the enactment of this Act, and periodically thereafter as the Secretary considers appropriate, the Secretary shall submit to the appropriate committees of Congress a report regarding any legislative action, including resources, required to carry out this Act or implement a modernized electronic health record and related health information technology systems. 602. Report on current and future State interoperability with legacy electronic health record, new electronic health record, and future potential electronic health record and other health information technology and exchanges (a) Report required Not later than 180 days after the date of the enactment of this Act, the Secretary shall, acting through the Under Secretary for Health, submit to the appropriate committees of Congress a report on the current state of interoperability, including the level of interoperability, with the Department’s legacy VistA electronic health record and legacy applications, including the Joint Longitudinal Viewer, as well as with the Oracle-Cerner product in use at five facilities of the Department between such systems, applications, and records and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems. (b) Contents The report submitted under subsection (a) shall include a description of the following: (1) The level of interoperability that existed before the contract with Cerner entered into on May 17, 2018, between the Department and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems, including strengths and limitations, and a description of the applications and exchanges in use by the Department to facilitate such interoperability. (2) The level of interoperability that exists as of the date of the report between the Department and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems, including strengths and limitations, and a description of the applications and exchanges in use by the Department to facilitate such interoperability that are not those procured as part of the contract with Cerner entered into on May 17, 2018. (3) The level of interoperability that exists as of the date of the report between the Department and the Department of Defense, the private sector, the community care networks of the Department, academic hospitals, other Federal health entities, and other relevant non-Federal health providers and systems, including strengths and limitations, and a description of the applications and exchanges in use by the Department to facilitate such interoperability that are solely those procured as part of the contract with Cerner entered into on May 17, 2018, and that are in use at each facility of the Department (including any subsidiary facilities, such as community-based outpatient clinics) that is using the Oracle-Cerner product under such program as of the date of the report. (4) A discussion of the limitation of the Department’s interoperability with whom and of what nature, if any, described in paragraphs (2) and (3) and how the Secretary foresees such limitations being resolved in whole, in part, or in no way through a continued deployment of the Oracle-Cerner product, a procurement of another electronic health record, other health information exchanges, networks, applications or solutions. (5) A comprehensive interoperability roadmap and strategy for the next five fiscal years, including goals, interoperability levels, partners, timelines, regulatory and legal limitations and challenges, and required resources and authorities to achieve such goals. (6) A description of the role interoperable data exchange plays in improving health care outcomes and care coordination for veterans who are eligible to receive health care through programs and services of the Department and whether interoperability alone improves health care outcomes, access, and quality or whether it must be part of a larger functioning electronic health record that can facilitate, among other actions, the delivery of physician orders, referrals, dispense prescriptions, schedule appointments, and other such foundational and routine elements of modern health care delivery. (7) Other such matters as the Secretary considers appropriate, including recommendations for legislative action to achieve the goals set forth in the report. (c) Discussion The discussion included under subsection (b)(4) shall include the following: (1) A clear indication of what entities the Department experiences the greatest level of interoperability limitations in current state such as the Department of Defense, community care networks of the Department, academic hospitals and the Department’s solution or solutions for remedying those limitations. (2) A description of what current health care referral patterns, patient volumes, and networks it currently experiences the greatest volume of care referral, data exchange and interoperability transactions and how such patterns and volumes are projected to evolve and change over the next one, five, and ten fiscal years. (3) In providing the description required by paragraph (2), an indication of whether the volume of care coordination, record exchange, and related matters is expected to be greater with the Department of Defense in the next one, five, and ten fiscal years or with community care networks of the Department, academic hospitals, and other Federal and non-Federal health entities.
75,768
[ "Veterans' Affairs Committee", "Armed Services Committee" ]
118hr6706ih
118
hr
6,706
ih
To amend the Richard B. Russell National School Lunch Act to fund the information clearinghouse through fiscal year 2031, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Hunger Clearinghouse Enhancement Act of 2023.", "id": "HEE2A6C29F7E04F9D9A9D0387ECCF8808", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Information clearinghouse \nSection 26 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769g(d) ) is amended— (1) in subsection (a)— (A) by inserting , including information with respect to the utilization of trained volunteers, after provide information ; and (B) by inserting resources that address ways to prevent hunger, after food assistance, ; and (2) in subsection (d), by striking and $250,000 for each of fiscal years 2010 through 2024 and inserting and $750,000 for each of fiscal years 2024 through 2031.", "id": "HE152B527231E490BA9407BE2B3F7DCC3", "header": "Information clearinghouse", "nested": [], "links": [ { "text": "42 U.S.C. 1769g(d)", "legal-doc": "usc", "parsable-cite": "usc/42/1769g" } ] } ]
2
1. Short title This Act may be cited as the Hunger Clearinghouse Enhancement Act of 2023. 2. Information clearinghouse Section 26 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769g(d) ) is amended— (1) in subsection (a)— (A) by inserting , including information with respect to the utilization of trained volunteers, after provide information ; and (B) by inserting resources that address ways to prevent hunger, after food assistance, ; and (2) in subsection (d), by striking and $250,000 for each of fiscal years 2010 through 2024 and inserting and $750,000 for each of fiscal years 2024 through 2031.
624
[ "Education and the Workforce Committee" ]
118hr1073ih
118
hr
1,073
ih
To direct the Joint Committee of Congress on the Library to obtain a statue of Shirley Chisholm for placement in the United States Capitol.
[ { "text": "1. Placement of statue of Shirley Chisholm in United States Capitol \n(a) Obtaining Statue \nNot later than 2 years after the date of the enactment of this Act, the Joint Committee of Congress on the Library shall enter into an agreement to obtain a statue of Shirley Chisholm, under such terms and conditions as the Joint Committee considers appropriate consistent with applicable law. The Joint Committee may authorize the Architect of the Capitol to enter into the agreement and related contracts required under this subsection on its behalf, under such terms and conditions as the Joint Committee may require. (b) Placement \nThe Joint Committee of Congress on the Library shall place the statue obtained under subsection (a) in a public permanent location in the United States Capitol. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended.", "id": "H192B29817A4B42DDA513C207D7EC319C", "header": "Placement of statue of Shirley Chisholm in United States Capitol", "nested": [ { "text": "(a) Obtaining Statue \nNot later than 2 years after the date of the enactment of this Act, the Joint Committee of Congress on the Library shall enter into an agreement to obtain a statue of Shirley Chisholm, under such terms and conditions as the Joint Committee considers appropriate consistent with applicable law. The Joint Committee may authorize the Architect of the Capitol to enter into the agreement and related contracts required under this subsection on its behalf, under such terms and conditions as the Joint Committee may require.", "id": "HF2BAE517431B4AA094FCD3FC256C6D13", "header": "Obtaining Statue", "nested": [], "links": [] }, { "text": "(b) Placement \nThe Joint Committee of Congress on the Library shall place the statue obtained under subsection (a) in a public permanent location in the United States Capitol.", "id": "H8CEC68F514D14689A6D7F336AA03E323", "header": "Placement", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended.", "id": "H9853BCE605734DDEB24C3C59BB6A95CC", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
1
1. Placement of statue of Shirley Chisholm in United States Capitol (a) Obtaining Statue Not later than 2 years after the date of the enactment of this Act, the Joint Committee of Congress on the Library shall enter into an agreement to obtain a statue of Shirley Chisholm, under such terms and conditions as the Joint Committee considers appropriate consistent with applicable law. The Joint Committee may authorize the Architect of the Capitol to enter into the agreement and related contracts required under this subsection on its behalf, under such terms and conditions as the Joint Committee may require. (b) Placement The Joint Committee of Congress on the Library shall place the statue obtained under subsection (a) in a public permanent location in the United States Capitol. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended.
988
[ "Committee on House Administration" ]
118hr7847ih
118
hr
7,847
ih
To amend title 23, United States Code, to remove the exclusion of the State of Minnesota from certain contracting for engineering and design services requirements.
[ { "text": "1. Short title \nThis Act may be cited as the Parity in Engineering Act.", "id": "H73CF5F4110C84EE998BCFCEE3429F126", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Contracting for engineering and design services \nSection 112(b)(2)(F) of title 23, United States Code, is amended by striking the States of West Virginia or Minnesota and inserting the State of West Virginia.", "id": "HBAA9F715BB974D9AA7B0B7AA7D200B30", "header": "Contracting for engineering and design services", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Parity in Engineering Act. 2. Contracting for engineering and design services Section 112(b)(2)(F) of title 23, United States Code, is amended by striking the States of West Virginia or Minnesota and inserting the State of West Virginia.
283
[ "Transportation and Infrastructure Committee" ]
118hr3077ih
118
hr
3,077
ih
To amend title 38, United States Code, to establish a counseling program for certain survivor of veterans deceased as the result of suicide.
[ { "text": "1. Short title \nThis Act may be cited as the Green Star Families Act.", "id": "H1AAB4FCB70164D4CBCD2277518B2E220", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide \n(a) Counseling program \nSubchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1720K. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide \n(a) Counseling program \n(1) Subject to paragraph (2), the Secretary shall furnish, at no cost to the recipient, counseling services to— (A) the next of kin of covered veterans; and (B) former volunteer caregivers of covered veterans. (2) The Secretary may provide counseling services under this section only if the Secretary determines such counseling services are— (A) reasonably accessible to the an individual described in paragraph (1); and (B) substantially equivalent or superior to similar services furnished by the Secretary to an individual described in paragraph (1). (3) To carry out subsection (a), the Secretary may enter into an agreement with a Federal, State, or private entity. The Secretary may provide fair compensation to such entity pursuant to such agreement. (b) Public awareness \nIn carrying out the program under subsection (a), the Secretary shall— (1) publish information relating to the program on an internet website of the Department; and (2) provide information relating to the program to any individual described in paragraph (1). (c) Definitions \nIn this section: (1) The terms covered veteran and next of kin has the meaning given that term in section 904 of title 36. (2) The term covered veterans service organization includes— (A) an organization recognized by the Secretary for the representation of veterans under section 5902 of this title; and (B) an organization— (i) that is described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and (ii) that carries out activities relating to veterans and their assistance. (3) The term family member means, with respect to a covered veteran, an individual— (A) who is a member of the family of the veteran, including— (i) a parent or legal guardian; (ii) a spouse; (iii) a child; (iv) a step-family member; and (v) an extended family member; or (B) who, prior to the death of the covered veteran, lived with the covered veteran. (4) The term former volunteer caregiver means, with respect to a covered veteran, an individual— (A) who is at least 18 years of age; and (B) who, prior to the death of the covered veteran, and in connection with a covered veterans service organization, furnished the covered veteran with counseling, social work, or other personal care services— (i) without compensation to such individual; and (ii) for a period of at least three months. (5) The term personal care services has the meaning given that term in section 1720G of this title.. (b) Clerical amendment \nThe table of sections at the beginning of subchapter II of chapter 17 of such title is amended by inserting, after the item relating to section 1720J, the following new item: 1720K. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide.. (c) Implementation deadline \nThe Secretary of Veterans Affairs shall carry out section 1720K of such title, as added by subsection (a), by not later than 90 days after the date of the enactment of this Act.", "id": "H260ADC965CAC44CBAAA62108A1E79E65", "header": "Counseling program for certain family members and caregivers of veterans deceased as a result of suicide", "nested": [ { "text": "(a) Counseling program \nSubchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1720K. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide \n(a) Counseling program \n(1) Subject to paragraph (2), the Secretary shall furnish, at no cost to the recipient, counseling services to— (A) the next of kin of covered veterans; and (B) former volunteer caregivers of covered veterans. (2) The Secretary may provide counseling services under this section only if the Secretary determines such counseling services are— (A) reasonably accessible to the an individual described in paragraph (1); and (B) substantially equivalent or superior to similar services furnished by the Secretary to an individual described in paragraph (1). (3) To carry out subsection (a), the Secretary may enter into an agreement with a Federal, State, or private entity. The Secretary may provide fair compensation to such entity pursuant to such agreement. (b) Public awareness \nIn carrying out the program under subsection (a), the Secretary shall— (1) publish information relating to the program on an internet website of the Department; and (2) provide information relating to the program to any individual described in paragraph (1). (c) Definitions \nIn this section: (1) The terms covered veteran and next of kin has the meaning given that term in section 904 of title 36. (2) The term covered veterans service organization includes— (A) an organization recognized by the Secretary for the representation of veterans under section 5902 of this title; and (B) an organization— (i) that is described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and (ii) that carries out activities relating to veterans and their assistance. (3) The term family member means, with respect to a covered veteran, an individual— (A) who is a member of the family of the veteran, including— (i) a parent or legal guardian; (ii) a spouse; (iii) a child; (iv) a step-family member; and (v) an extended family member; or (B) who, prior to the death of the covered veteran, lived with the covered veteran. (4) The term former volunteer caregiver means, with respect to a covered veteran, an individual— (A) who is at least 18 years of age; and (B) who, prior to the death of the covered veteran, and in connection with a covered veterans service organization, furnished the covered veteran with counseling, social work, or other personal care services— (i) without compensation to such individual; and (ii) for a period of at least three months. (5) The term personal care services has the meaning given that term in section 1720G of this title..", "id": "H790419E715974796821DDB688EA1AD44", "header": "Counseling program", "nested": [], "links": [ { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of subchapter II of chapter 17 of such title is amended by inserting, after the item relating to section 1720J, the following new item: 1720K. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide..", "id": "H9300AFCA9DAB4FE2876D95F8ABC8B70A", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Implementation deadline \nThe Secretary of Veterans Affairs shall carry out section 1720K of such title, as added by subsection (a), by not later than 90 days after the date of the enactment of this Act.", "id": "H091DAA5562C242F7A93AD5A2741F1805", "header": "Implementation deadline", "nested": [], "links": [] } ], "links": [ { "text": "chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" } ] }, { "text": "1720K. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide \n(a) Counseling program \n(1) Subject to paragraph (2), the Secretary shall furnish, at no cost to the recipient, counseling services to— (A) the next of kin of covered veterans; and (B) former volunteer caregivers of covered veterans. (2) The Secretary may provide counseling services under this section only if the Secretary determines such counseling services are— (A) reasonably accessible to the an individual described in paragraph (1); and (B) substantially equivalent or superior to similar services furnished by the Secretary to an individual described in paragraph (1). (3) To carry out subsection (a), the Secretary may enter into an agreement with a Federal, State, or private entity. The Secretary may provide fair compensation to such entity pursuant to such agreement. (b) Public awareness \nIn carrying out the program under subsection (a), the Secretary shall— (1) publish information relating to the program on an internet website of the Department; and (2) provide information relating to the program to any individual described in paragraph (1). (c) Definitions \nIn this section: (1) The terms covered veteran and next of kin has the meaning given that term in section 904 of title 36. (2) The term covered veterans service organization includes— (A) an organization recognized by the Secretary for the representation of veterans under section 5902 of this title; and (B) an organization— (i) that is described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and (ii) that carries out activities relating to veterans and their assistance. (3) The term family member means, with respect to a covered veteran, an individual— (A) who is a member of the family of the veteran, including— (i) a parent or legal guardian; (ii) a spouse; (iii) a child; (iv) a step-family member; and (v) an extended family member; or (B) who, prior to the death of the covered veteran, lived with the covered veteran. (4) The term former volunteer caregiver means, with respect to a covered veteran, an individual— (A) who is at least 18 years of age; and (B) who, prior to the death of the covered veteran, and in connection with a covered veterans service organization, furnished the covered veteran with counseling, social work, or other personal care services— (i) without compensation to such individual; and (ii) for a period of at least three months. (5) The term personal care services has the meaning given that term in section 1720G of this title.", "id": "H37B04B73E27B404390BFBD0931E19DD2", "header": "Counseling program for certain family members and caregivers of veterans deceased as a result of suicide", "nested": [ { "text": "(a) Counseling program \n(1) Subject to paragraph (2), the Secretary shall furnish, at no cost to the recipient, counseling services to— (A) the next of kin of covered veterans; and (B) former volunteer caregivers of covered veterans. (2) The Secretary may provide counseling services under this section only if the Secretary determines such counseling services are— (A) reasonably accessible to the an individual described in paragraph (1); and (B) substantially equivalent or superior to similar services furnished by the Secretary to an individual described in paragraph (1). (3) To carry out subsection (a), the Secretary may enter into an agreement with a Federal, State, or private entity. The Secretary may provide fair compensation to such entity pursuant to such agreement.", "id": "HCC544762259E496EA927283CFBA9453F", "header": "Counseling program", "nested": [], "links": [] }, { "text": "(b) Public awareness \nIn carrying out the program under subsection (a), the Secretary shall— (1) publish information relating to the program on an internet website of the Department; and (2) provide information relating to the program to any individual described in paragraph (1).", "id": "H557F5132A2EB47999AFB256246A3A967", "header": "Public awareness", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) The terms covered veteran and next of kin has the meaning given that term in section 904 of title 36. (2) The term covered veterans service organization includes— (A) an organization recognized by the Secretary for the representation of veterans under section 5902 of this title; and (B) an organization— (i) that is described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and (ii) that carries out activities relating to veterans and their assistance. (3) The term family member means, with respect to a covered veteran, an individual— (A) who is a member of the family of the veteran, including— (i) a parent or legal guardian; (ii) a spouse; (iii) a child; (iv) a step-family member; and (v) an extended family member; or (B) who, prior to the death of the covered veteran, lived with the covered veteran. (4) The term former volunteer caregiver means, with respect to a covered veteran, an individual— (A) who is at least 18 years of age; and (B) who, prior to the death of the covered veteran, and in connection with a covered veterans service organization, furnished the covered veteran with counseling, social work, or other personal care services— (i) without compensation to such individual; and (ii) for a period of at least three months. (5) The term personal care services has the meaning given that term in section 1720G of this title.", "id": "H420B7049267A478C8C45A0CCD9377C8C", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Green Star Families Act. 2. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide (a) Counseling program Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1720K. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide (a) Counseling program (1) Subject to paragraph (2), the Secretary shall furnish, at no cost to the recipient, counseling services to— (A) the next of kin of covered veterans; and (B) former volunteer caregivers of covered veterans. (2) The Secretary may provide counseling services under this section only if the Secretary determines such counseling services are— (A) reasonably accessible to the an individual described in paragraph (1); and (B) substantially equivalent or superior to similar services furnished by the Secretary to an individual described in paragraph (1). (3) To carry out subsection (a), the Secretary may enter into an agreement with a Federal, State, or private entity. The Secretary may provide fair compensation to such entity pursuant to such agreement. (b) Public awareness In carrying out the program under subsection (a), the Secretary shall— (1) publish information relating to the program on an internet website of the Department; and (2) provide information relating to the program to any individual described in paragraph (1). (c) Definitions In this section: (1) The terms covered veteran and next of kin has the meaning given that term in section 904 of title 36. (2) The term covered veterans service organization includes— (A) an organization recognized by the Secretary for the representation of veterans under section 5902 of this title; and (B) an organization— (i) that is described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and (ii) that carries out activities relating to veterans and their assistance. (3) The term family member means, with respect to a covered veteran, an individual— (A) who is a member of the family of the veteran, including— (i) a parent or legal guardian; (ii) a spouse; (iii) a child; (iv) a step-family member; and (v) an extended family member; or (B) who, prior to the death of the covered veteran, lived with the covered veteran. (4) The term former volunteer caregiver means, with respect to a covered veteran, an individual— (A) who is at least 18 years of age; and (B) who, prior to the death of the covered veteran, and in connection with a covered veterans service organization, furnished the covered veteran with counseling, social work, or other personal care services— (i) without compensation to such individual; and (ii) for a period of at least three months. (5) The term personal care services has the meaning given that term in section 1720G of this title.. (b) Clerical amendment The table of sections at the beginning of subchapter II of chapter 17 of such title is amended by inserting, after the item relating to section 1720J, the following new item: 1720K. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide.. (c) Implementation deadline The Secretary of Veterans Affairs shall carry out section 1720K of such title, as added by subsection (a), by not later than 90 days after the date of the enactment of this Act. 1720K. Counseling program for certain family members and caregivers of veterans deceased as a result of suicide (a) Counseling program (1) Subject to paragraph (2), the Secretary shall furnish, at no cost to the recipient, counseling services to— (A) the next of kin of covered veterans; and (B) former volunteer caregivers of covered veterans. (2) The Secretary may provide counseling services under this section only if the Secretary determines such counseling services are— (A) reasonably accessible to the an individual described in paragraph (1); and (B) substantially equivalent or superior to similar services furnished by the Secretary to an individual described in paragraph (1). (3) To carry out subsection (a), the Secretary may enter into an agreement with a Federal, State, or private entity. The Secretary may provide fair compensation to such entity pursuant to such agreement. (b) Public awareness In carrying out the program under subsection (a), the Secretary shall— (1) publish information relating to the program on an internet website of the Department; and (2) provide information relating to the program to any individual described in paragraph (1). (c) Definitions In this section: (1) The terms covered veteran and next of kin has the meaning given that term in section 904 of title 36. (2) The term covered veterans service organization includes— (A) an organization recognized by the Secretary for the representation of veterans under section 5902 of this title; and (B) an organization— (i) that is described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code; and (ii) that carries out activities relating to veterans and their assistance. (3) The term family member means, with respect to a covered veteran, an individual— (A) who is a member of the family of the veteran, including— (i) a parent or legal guardian; (ii) a spouse; (iii) a child; (iv) a step-family member; and (v) an extended family member; or (B) who, prior to the death of the covered veteran, lived with the covered veteran. (4) The term former volunteer caregiver means, with respect to a covered veteran, an individual— (A) who is at least 18 years of age; and (B) who, prior to the death of the covered veteran, and in connection with a covered veterans service organization, furnished the covered veteran with counseling, social work, or other personal care services— (i) without compensation to such individual; and (ii) for a period of at least three months. (5) The term personal care services has the meaning given that term in section 1720G of this title.
6,147
[ "Veterans' Affairs Committee" ]
118hr7531ih
118
hr
7,531
ih
To require the Board of Governors of the Federal Reserve System to study the impacts of the Board’s Reg II proposed rule, to complete a quantitative impact analysis of such rule, and to consider the results of such study and analysis before finalizing such rule, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Secure Payments Act of 2024.", "id": "HAFFEE03B68514D398C85C56EA0A65A81", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Study and quantitative impact analysis related to interchange transaction fee requirements \n(a) In general \nThe Board of Governors of the Federal Reserve System shall conduct the following: (1) A study of— (A) the impacts of the Reg II proposed rule on— (i) consumers, including access to free or low- and no-cost deposit accounts; (ii) merchants’ costs of accepting debit cards; and (iii) financial institutions’ efforts to mitigate fraud; and (B) the cumulative impacts of all proposed rules of Federal agencies issued between January 1, 2023, and the date of enactment of this Act that affect deposit accounts. (2) A quantitative impact analysis of the Reg II proposed rule to study— (A) the potential impact of the rule on consumers, including the affordability of debit products and availability of low or no fee banking products serving low- and moderate-income communities; and (B) the impact of the changes made by the rule on small insured depository institutions. (b) Report \nThe Board of Governors of the Federal Reserve System shall issue a report to the Congress containing all findings and determinations made in carrying out the study and the quantitative impact analysis required under subsection (a). (c) Requirement To consider results of report before finalizing Reg II proposed rule \nThe Board of Governors may not finalize the Reg II proposed rule until after the issuance of the report required under subsection (b) and only after— (1) considering the results contained in such report; and (2) taking into account— (A) the effect of the Reg II proposed rule on the capital and earnings of depository institutions; and (B) whether the Board of Governors can determine that interchange fee caps provide net benefits to low- and moderate-income and underserved customers. (d) Reg II proposed rule defined \nThe term Reg II proposed rule means the proposed rule titled Debit Card Interchange Fees and Routing (88 Fed. Reg. 78100; published November 14, 2023).", "id": "H9D9435FA05EC4AB7AF51A53536C3A9A8", "header": "Study and quantitative impact analysis related to interchange transaction fee requirements", "nested": [ { "text": "(a) In general \nThe Board of Governors of the Federal Reserve System shall conduct the following: (1) A study of— (A) the impacts of the Reg II proposed rule on— (i) consumers, including access to free or low- and no-cost deposit accounts; (ii) merchants’ costs of accepting debit cards; and (iii) financial institutions’ efforts to mitigate fraud; and (B) the cumulative impacts of all proposed rules of Federal agencies issued between January 1, 2023, and the date of enactment of this Act that affect deposit accounts. (2) A quantitative impact analysis of the Reg II proposed rule to study— (A) the potential impact of the rule on consumers, including the affordability of debit products and availability of low or no fee banking products serving low- and moderate-income communities; and (B) the impact of the changes made by the rule on small insured depository institutions.", "id": "HD8FA1DCB704D4D1F835BC07462663988", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Report \nThe Board of Governors of the Federal Reserve System shall issue a report to the Congress containing all findings and determinations made in carrying out the study and the quantitative impact analysis required under subsection (a).", "id": "HCBE1F0AE3263401596B763208C136E0D", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Requirement To consider results of report before finalizing Reg II proposed rule \nThe Board of Governors may not finalize the Reg II proposed rule until after the issuance of the report required under subsection (b) and only after— (1) considering the results contained in such report; and (2) taking into account— (A) the effect of the Reg II proposed rule on the capital and earnings of depository institutions; and (B) whether the Board of Governors can determine that interchange fee caps provide net benefits to low- and moderate-income and underserved customers.", "id": "H666BA18E6E8443FAA5FBAEC28E22DDDF", "header": "Requirement To consider results of report before finalizing Reg II proposed rule", "nested": [], "links": [] }, { "text": "(d) Reg II proposed rule defined \nThe term Reg II proposed rule means the proposed rule titled Debit Card Interchange Fees and Routing (88 Fed. Reg. 78100; published November 14, 2023).", "id": "H6B912F01232541A0B26396824ACCA067", "header": "Reg II proposed rule defined", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Secure Payments Act of 2024. 2. Study and quantitative impact analysis related to interchange transaction fee requirements (a) In general The Board of Governors of the Federal Reserve System shall conduct the following: (1) A study of— (A) the impacts of the Reg II proposed rule on— (i) consumers, including access to free or low- and no-cost deposit accounts; (ii) merchants’ costs of accepting debit cards; and (iii) financial institutions’ efforts to mitigate fraud; and (B) the cumulative impacts of all proposed rules of Federal agencies issued between January 1, 2023, and the date of enactment of this Act that affect deposit accounts. (2) A quantitative impact analysis of the Reg II proposed rule to study— (A) the potential impact of the rule on consumers, including the affordability of debit products and availability of low or no fee banking products serving low- and moderate-income communities; and (B) the impact of the changes made by the rule on small insured depository institutions. (b) Report The Board of Governors of the Federal Reserve System shall issue a report to the Congress containing all findings and determinations made in carrying out the study and the quantitative impact analysis required under subsection (a). (c) Requirement To consider results of report before finalizing Reg II proposed rule The Board of Governors may not finalize the Reg II proposed rule until after the issuance of the report required under subsection (b) and only after— (1) considering the results contained in such report; and (2) taking into account— (A) the effect of the Reg II proposed rule on the capital and earnings of depository institutions; and (B) whether the Board of Governors can determine that interchange fee caps provide net benefits to low- and moderate-income and underserved customers. (d) Reg II proposed rule defined The term Reg II proposed rule means the proposed rule titled Debit Card Interchange Fees and Routing (88 Fed. Reg. 78100; published November 14, 2023).
2,053
[ "Financial Services Committee" ]
118hr4876ih
118
hr
4,876
ih
To direct the Law Revision Counsel of the House of Representatives to replace masculine pronouns and nouns in the United States Code with gender-neutral language, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Equality in Laws Act.", "id": "HC1211EDB88D84C61AFFF5CD5551B56BE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Gender-neutral language in the United States Code \n(a) In general \nThe Law Revision Counsel of the House of Representatives shall make such changes to the titles of the United States Code as are necessary to replace masculine pronouns and nouns in such titles with gender-neutral language in each case in which such revisions and amendments would not affect the substance or meaning of the relevant titles, including— (1) by striking his each place it appears and, as required by the relevant context, inserting— (A) the individual’s ; (B) the appropriate possessive form of the noun to which the pronoun refers; (C) their or theirs ; or (D) the appropriate possessive form of the title of the position to which the pronoun refers; and (2) by striking he and him each place such words appear and, as required by the relevant context, inserting— (A) the individual ; (B) the noun to which the pronoun refers; (C) they or them ; or (D) the appropriate title of the position to which the pronoun refers. (b) Revision of positive law titles \nThe Law Revision Counsel of the House of Representatives shall, pursuant to subsection (a), prepare and submit to the Committee on the Judiciary such revisions in the titles of the United States Code which have been enacted into positive law as may be necessary to strike masculine pronouns and nouns and insert gender-neutral language in each case in which such revisions conform to the understood policy, intent, and purpose of the Congress in the original enactments. (c) Amendment of nonpositive law titles \nThe Law Revision Counsel of the House of Representatives shall, pursuant to subsection (a), draft a bill to amend the titles of the United States Code that have not yet been enacted into positive law for the purpose of striking masculine pronouns and nouns and inserting gender-neutral language in each case in which such amendments conform to the understood policy, intent, and purpose of the Congress in the original enactments. (d) Gender-Neutral language defined \nThe term gender-neutral language means language that expressly or implicitly refers to all genders without distinction between such genders and does not expressly or implicitly refer to a gender to the real or apparent exclusion of any other gender.", "id": "H1CDB02C0BBFE45C4844B14F8AC2FB82D", "header": "Gender-neutral language in the United States Code", "nested": [ { "text": "(a) In general \nThe Law Revision Counsel of the House of Representatives shall make such changes to the titles of the United States Code as are necessary to replace masculine pronouns and nouns in such titles with gender-neutral language in each case in which such revisions and amendments would not affect the substance or meaning of the relevant titles, including— (1) by striking his each place it appears and, as required by the relevant context, inserting— (A) the individual’s ; (B) the appropriate possessive form of the noun to which the pronoun refers; (C) their or theirs ; or (D) the appropriate possessive form of the title of the position to which the pronoun refers; and (2) by striking he and him each place such words appear and, as required by the relevant context, inserting— (A) the individual ; (B) the noun to which the pronoun refers; (C) they or them ; or (D) the appropriate title of the position to which the pronoun refers.", "id": "H6B5B30D2F3774D73A5E8C07D28324AEB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Revision of positive law titles \nThe Law Revision Counsel of the House of Representatives shall, pursuant to subsection (a), prepare and submit to the Committee on the Judiciary such revisions in the titles of the United States Code which have been enacted into positive law as may be necessary to strike masculine pronouns and nouns and insert gender-neutral language in each case in which such revisions conform to the understood policy, intent, and purpose of the Congress in the original enactments.", "id": "HE23139C61C194A499E61A90C716B27BF", "header": "Revision of positive law titles", "nested": [], "links": [] }, { "text": "(c) Amendment of nonpositive law titles \nThe Law Revision Counsel of the House of Representatives shall, pursuant to subsection (a), draft a bill to amend the titles of the United States Code that have not yet been enacted into positive law for the purpose of striking masculine pronouns and nouns and inserting gender-neutral language in each case in which such amendments conform to the understood policy, intent, and purpose of the Congress in the original enactments.", "id": "H9B36143B3B6E4EAFB0398A30282C86F6", "header": "Amendment of nonpositive law titles", "nested": [], "links": [] }, { "text": "(d) Gender-Neutral language defined \nThe term gender-neutral language means language that expressly or implicitly refers to all genders without distinction between such genders and does not expressly or implicitly refer to a gender to the real or apparent exclusion of any other gender.", "id": "HF24D081BA52D4FAC98D874B274DD6976", "header": "Gender-Neutral language defined", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Equality in Laws Act. 2. Gender-neutral language in the United States Code (a) In general The Law Revision Counsel of the House of Representatives shall make such changes to the titles of the United States Code as are necessary to replace masculine pronouns and nouns in such titles with gender-neutral language in each case in which such revisions and amendments would not affect the substance or meaning of the relevant titles, including— (1) by striking his each place it appears and, as required by the relevant context, inserting— (A) the individual’s ; (B) the appropriate possessive form of the noun to which the pronoun refers; (C) their or theirs ; or (D) the appropriate possessive form of the title of the position to which the pronoun refers; and (2) by striking he and him each place such words appear and, as required by the relevant context, inserting— (A) the individual ; (B) the noun to which the pronoun refers; (C) they or them ; or (D) the appropriate title of the position to which the pronoun refers. (b) Revision of positive law titles The Law Revision Counsel of the House of Representatives shall, pursuant to subsection (a), prepare and submit to the Committee on the Judiciary such revisions in the titles of the United States Code which have been enacted into positive law as may be necessary to strike masculine pronouns and nouns and insert gender-neutral language in each case in which such revisions conform to the understood policy, intent, and purpose of the Congress in the original enactments. (c) Amendment of nonpositive law titles The Law Revision Counsel of the House of Representatives shall, pursuant to subsection (a), draft a bill to amend the titles of the United States Code that have not yet been enacted into positive law for the purpose of striking masculine pronouns and nouns and inserting gender-neutral language in each case in which such amendments conform to the understood policy, intent, and purpose of the Congress in the original enactments. (d) Gender-Neutral language defined The term gender-neutral language means language that expressly or implicitly refers to all genders without distinction between such genders and does not expressly or implicitly refer to a gender to the real or apparent exclusion of any other gender.
2,337
[ "Judiciary Committee" ]
118hr5539ih
118
hr
5,539
ih
To amend title XI of the Social Security Act to expand and clarify the exclusion for orphan drugs under the Drug Price Negotiation Program.
[ { "text": "1. Short title \nThis Act may be cited as the Optimizing Research Progress Hope And New Cures Act or the ORPHAN Cures Act.", "id": "H4C22ED0B7F744F8A8FD873C3ACC045B3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expanding and clarifying the exclusion for orphan drugs under the Drug Price Negotiation Program \nSection 1191(e) of the Social Security Act ( 42 U.S.C. 1320f(e) ) is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (C) Treatment of former orphan drugs \nIn calculating the amount of time that has elapsed with respect to the approval of a drug or licensure of a biological product under subparagraph (A)(ii) and subparagraph (B)(ii), respectively, the Secretary shall not taken into account any period during which such drug or product was a drug described in paragraph (3)(A). ; and (2) in paragraph (3)(A)— (A) by striking only one rare disease or condition and inserting one or more rare diseases or conditions ; and (B) by striking such disease or condition and inserting one or more rare diseases or conditions.", "id": "H41DBA9C405A4413AA0EF17EDE7503E93", "header": "Expanding and clarifying the exclusion for orphan drugs under the Drug Price Negotiation Program", "nested": [], "links": [ { "text": "42 U.S.C. 1320f(e)", "legal-doc": "usc", "parsable-cite": "usc/42/1320f" } ] } ]
2
1. Short title This Act may be cited as the Optimizing Research Progress Hope And New Cures Act or the ORPHAN Cures Act. 2. Expanding and clarifying the exclusion for orphan drugs under the Drug Price Negotiation Program Section 1191(e) of the Social Security Act ( 42 U.S.C. 1320f(e) ) is amended— (1) in paragraph (1), by adding at the end the following new subparagraph: (C) Treatment of former orphan drugs In calculating the amount of time that has elapsed with respect to the approval of a drug or licensure of a biological product under subparagraph (A)(ii) and subparagraph (B)(ii), respectively, the Secretary shall not taken into account any period during which such drug or product was a drug described in paragraph (3)(A). ; and (2) in paragraph (3)(A)— (A) by striking only one rare disease or condition and inserting one or more rare diseases or conditions ; and (B) by striking such disease or condition and inserting one or more rare diseases or conditions.
976
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr534ih
118
hr
534
ih
To prohibit United States Government recognition of the Russian Federation’s claim of sovereignty over Crimea, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Crimea Annexation Non-Recognition Act.", "id": "H51FC3C67A02345138301256FA0978EC0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition against United States recognition of the Russian Federation’s claim of sovereignty over Crimea \n(a) Statement of policy \nIt is the policy of the United States not to recognize the Russian Federation’s claim of sovereignty over Crimea, its airspace, or its territorial waters. (b) Prohibition \nIn accordance with subsection (a), no Federal department or agency may take any action or extend any assistance that implies recognition of the Russian Federation’s claim of sovereignty over Crimea, its airspace, or its territorial waters.", "id": "H1AD68AE9B283478DBEBCEB09922A6197", "header": "Prohibition against United States recognition of the Russian Federation’s claim of sovereignty over Crimea", "nested": [ { "text": "(a) Statement of policy \nIt is the policy of the United States not to recognize the Russian Federation’s claim of sovereignty over Crimea, its airspace, or its territorial waters.", "id": "HDF1DA71D45AF4DE58EDECD667F193385", "header": "Statement of policy", "nested": [], "links": [] }, { "text": "(b) Prohibition \nIn accordance with subsection (a), no Federal department or agency may take any action or extend any assistance that implies recognition of the Russian Federation’s claim of sovereignty over Crimea, its airspace, or its territorial waters.", "id": "H8C9775E76C0A460F9FC73D10CA38BBD2", "header": "Prohibition", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Crimea Annexation Non-Recognition Act. 2. Prohibition against United States recognition of the Russian Federation’s claim of sovereignty over Crimea (a) Statement of policy It is the policy of the United States not to recognize the Russian Federation’s claim of sovereignty over Crimea, its airspace, or its territorial waters. (b) Prohibition In accordance with subsection (a), no Federal department or agency may take any action or extend any assistance that implies recognition of the Russian Federation’s claim of sovereignty over Crimea, its airspace, or its territorial waters.
631
[ "Foreign Affairs Committee" ]
118hr6746ih
118
hr
6,746
ih
To amend the Public Health Service Act to provide for a public awareness campaign with respect to iron deficiency.
[ { "text": "1. Short title \nThis Act may be cited as the Iron Deficiency Education and Awareness Act.", "id": "H817C2399301D4244B7D8508B0B2BE5FF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Iron deficiency occurs when there are insufficient amounts of iron in the body. Without enough iron, the body cannot produce sufficient amounts of hemoglobin, which is the protein that enables red blood cells to carry oxygen. (2) Menstrual bleeding and pregnancy are major reasons for lower levels of iron in the body. The symptoms of iron deficiency include fatigue, cold extremities, hair loss, cognitive issues, shortness of breath, headaches, and sleep disorders. (3) Iron deficiency often goes undiagnosed due to difficulty recognizing symptoms and lack of urgency in diagnosing. When left untreated, the condition can progress to iron-deficiency anemia. This may increase the risk of developing organ complications, such as an abnormally fast heartbeat, or tachycardia, and heart failure. (4) Among pregnant women, iron deficiency and iron-deficiency anemia has been linked to increased maternal illness, premature birth and low birth weight among babies, and intrauterine growth restriction. (5) Approximately 35 percent of women of reproductive age in the United States do not have a sufficient amount of iron in their bodies. Additionally, nearly 40 percent of girls and young women ages 12 to 21 are affected by iron deficiency, and 6 percent are iron-deficient anemic. (6) Children under the age of two are at a high risk for iron deficiency. About 6 percent of children ages 1–2 have iron deficiency. (7) Eliminating barriers to awareness, education, and screening will assist in preventing and treating iron deficiency, iron deficiency anemia, and related health issues among women and children under the age of two.", "id": "H22F58B946DDE4372904DE8D15D38812E", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Iron deficiency awareness campaign \n(a) In general \nSection 317 of the Public Health Service Act ( 42 U.S.C. 247b ) is amended by adding at the end the following: (o) Iron deficiency public awareness campaign \n(1) In general \nThe Secretary shall carry out a national campaign to— (A) increase awareness of the importance of iron deficiency screening; (B) combat misconceptions about iron deficiency, including misconceptions in diagnosis and management of iron deficiency; (C) increase awareness about missed diagnoses due to inadequate screening tests; and (D) increase iron deficiency screening among women and children under the age of two. (2) Consultation \nIn carrying out the national campaign required by paragraph (1), the Secretary shall consult with the National Academy of Medicine, health care providers, public health associations, nonprofit organizations, State and local public health departments, and institutions of higher education to solicit advice on evidence-based information for policy development and program development, implementation, and evaluation. (3) Requirements \nThe national campaign required by paragraph (1) shall— (A) include the use of evidence-based media and public engagement; (B) be carried out through competitive grants or cooperative agreements awarded to 1 or more private, nonprofit entities with a history developing and implementing similar campaigns; (C) include the development of culturally and linguistically competent resources that shall be tailored for— (i) women who are pregnant, recently gave birth, or are breastfeeding; (ii) women who menstruate, especially if menstrual periods are heavy; (iii) women who have undergone major surgery or physical trauma; (iv) women with limited English proficiency; (v) women with gastrointestinal diseases, such as Celiac disease and inflammatory bowel diseases such as ulcerative colitis and Crohn’s disease; (vi) women with peptic ulcer disease; (vii) populations with a high prevalence of iron deficiency (such as Black and Hispanic women); (viii) parents with children under the age of two; (ix) rural communities; and (x) such other communities as the Secretary determines appropriate; (D) include the dissemination of iron deficiency information and communication resources to health care providers and health care facilities (including pediatricians, primary care providers, community health centers, dentists, obstetricians, and gynecologists), State and local public health departments, elementary and secondary schools, child care centers, and colleges and universities; (E) be complementary to, and coordinated with, any other Federal efforts with respect to iron deficiency awareness; (F) include message testing to identify culturally competent and effective messages for behavioral change; and (G) include the award of grants or cooperative agreements to State, local, and Tribal public health departments to engage with— (i) communities specified in subparagraph (C); (ii) local educational agencies; (iii) health care providers; (iv) community organizations; or (v) other groups the Secretary determines are appropriate to develop and deliver effective strategies to decrease iron deficiency rates. (4) Options for dissemination of information \nThe national campaign required by paragraph (1) may— (A) include the use of— (i) social media, television, radio, print, the internet, and other media; (ii) in-person or virtual public communications; and (iii) recognized, trusted figures; (B) be targeted to specific communities specified in paragraph (3)(C); and (C) include the dissemination of information highlighting— (i) appropriate screening for iron deficiency, including the recommended populations to be screened by age range or other criteria; (ii) the prevalence of iron deficiency; (iii) symptoms of iron deficiency; and (iv) mechanisms of preventing and managing iron deficiency. (5) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $7,000,000 for each of fiscal years 2024 through 2028.. (b) Report to Congress \n(1) In general \nNot later than the end of fiscal year 2027, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the campaign under section 317(o) of the Public Health Service Act, as added by subsection (a). (2) Qualitative assessment \nThe report under paragraph (1) shall include a qualitative assessment of— (A) the overall campaign under section 317(o) of the Public Health Service Act, as added by subsection (a); and (B) the impacts of the activities conducted through the campaign, including such impacts on iron deficiency, and iron deficiency anemia, among women and children under the age of two.", "id": "H503922CF9DDB4FF3ABAAB3D2AAF4F344", "header": "Iron deficiency awareness campaign", "nested": [ { "text": "(a) In general \nSection 317 of the Public Health Service Act ( 42 U.S.C. 247b ) is amended by adding at the end the following: (o) Iron deficiency public awareness campaign \n(1) In general \nThe Secretary shall carry out a national campaign to— (A) increase awareness of the importance of iron deficiency screening; (B) combat misconceptions about iron deficiency, including misconceptions in diagnosis and management of iron deficiency; (C) increase awareness about missed diagnoses due to inadequate screening tests; and (D) increase iron deficiency screening among women and children under the age of two. (2) Consultation \nIn carrying out the national campaign required by paragraph (1), the Secretary shall consult with the National Academy of Medicine, health care providers, public health associations, nonprofit organizations, State and local public health departments, and institutions of higher education to solicit advice on evidence-based information for policy development and program development, implementation, and evaluation. (3) Requirements \nThe national campaign required by paragraph (1) shall— (A) include the use of evidence-based media and public engagement; (B) be carried out through competitive grants or cooperative agreements awarded to 1 or more private, nonprofit entities with a history developing and implementing similar campaigns; (C) include the development of culturally and linguistically competent resources that shall be tailored for— (i) women who are pregnant, recently gave birth, or are breastfeeding; (ii) women who menstruate, especially if menstrual periods are heavy; (iii) women who have undergone major surgery or physical trauma; (iv) women with limited English proficiency; (v) women with gastrointestinal diseases, such as Celiac disease and inflammatory bowel diseases such as ulcerative colitis and Crohn’s disease; (vi) women with peptic ulcer disease; (vii) populations with a high prevalence of iron deficiency (such as Black and Hispanic women); (viii) parents with children under the age of two; (ix) rural communities; and (x) such other communities as the Secretary determines appropriate; (D) include the dissemination of iron deficiency information and communication resources to health care providers and health care facilities (including pediatricians, primary care providers, community health centers, dentists, obstetricians, and gynecologists), State and local public health departments, elementary and secondary schools, child care centers, and colleges and universities; (E) be complementary to, and coordinated with, any other Federal efforts with respect to iron deficiency awareness; (F) include message testing to identify culturally competent and effective messages for behavioral change; and (G) include the award of grants or cooperative agreements to State, local, and Tribal public health departments to engage with— (i) communities specified in subparagraph (C); (ii) local educational agencies; (iii) health care providers; (iv) community organizations; or (v) other groups the Secretary determines are appropriate to develop and deliver effective strategies to decrease iron deficiency rates. (4) Options for dissemination of information \nThe national campaign required by paragraph (1) may— (A) include the use of— (i) social media, television, radio, print, the internet, and other media; (ii) in-person or virtual public communications; and (iii) recognized, trusted figures; (B) be targeted to specific communities specified in paragraph (3)(C); and (C) include the dissemination of information highlighting— (i) appropriate screening for iron deficiency, including the recommended populations to be screened by age range or other criteria; (ii) the prevalence of iron deficiency; (iii) symptoms of iron deficiency; and (iv) mechanisms of preventing and managing iron deficiency. (5) Authorization of appropriations \nThere is authorized to be appropriated to carry out this subsection $7,000,000 for each of fiscal years 2024 through 2028..", "id": "H3AC933787AB34F29A4C7D7749DAA60FA", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 247b", "legal-doc": "usc", "parsable-cite": "usc/42/247b" } ] }, { "text": "(b) Report to Congress \n(1) In general \nNot later than the end of fiscal year 2027, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the campaign under section 317(o) of the Public Health Service Act, as added by subsection (a). (2) Qualitative assessment \nThe report under paragraph (1) shall include a qualitative assessment of— (A) the overall campaign under section 317(o) of the Public Health Service Act, as added by subsection (a); and (B) the impacts of the activities conducted through the campaign, including such impacts on iron deficiency, and iron deficiency anemia, among women and children under the age of two.", "id": "H189DB88317D44E9A8C9DA40E90E32422", "header": "Report to Congress", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 247b", "legal-doc": "usc", "parsable-cite": "usc/42/247b" } ] } ]
3
1. Short title This Act may be cited as the Iron Deficiency Education and Awareness Act. 2. Findings Congress finds the following: (1) Iron deficiency occurs when there are insufficient amounts of iron in the body. Without enough iron, the body cannot produce sufficient amounts of hemoglobin, which is the protein that enables red blood cells to carry oxygen. (2) Menstrual bleeding and pregnancy are major reasons for lower levels of iron in the body. The symptoms of iron deficiency include fatigue, cold extremities, hair loss, cognitive issues, shortness of breath, headaches, and sleep disorders. (3) Iron deficiency often goes undiagnosed due to difficulty recognizing symptoms and lack of urgency in diagnosing. When left untreated, the condition can progress to iron-deficiency anemia. This may increase the risk of developing organ complications, such as an abnormally fast heartbeat, or tachycardia, and heart failure. (4) Among pregnant women, iron deficiency and iron-deficiency anemia has been linked to increased maternal illness, premature birth and low birth weight among babies, and intrauterine growth restriction. (5) Approximately 35 percent of women of reproductive age in the United States do not have a sufficient amount of iron in their bodies. Additionally, nearly 40 percent of girls and young women ages 12 to 21 are affected by iron deficiency, and 6 percent are iron-deficient anemic. (6) Children under the age of two are at a high risk for iron deficiency. About 6 percent of children ages 1–2 have iron deficiency. (7) Eliminating barriers to awareness, education, and screening will assist in preventing and treating iron deficiency, iron deficiency anemia, and related health issues among women and children under the age of two. 3. Iron deficiency awareness campaign (a) In general Section 317 of the Public Health Service Act ( 42 U.S.C. 247b ) is amended by adding at the end the following: (o) Iron deficiency public awareness campaign (1) In general The Secretary shall carry out a national campaign to— (A) increase awareness of the importance of iron deficiency screening; (B) combat misconceptions about iron deficiency, including misconceptions in diagnosis and management of iron deficiency; (C) increase awareness about missed diagnoses due to inadequate screening tests; and (D) increase iron deficiency screening among women and children under the age of two. (2) Consultation In carrying out the national campaign required by paragraph (1), the Secretary shall consult with the National Academy of Medicine, health care providers, public health associations, nonprofit organizations, State and local public health departments, and institutions of higher education to solicit advice on evidence-based information for policy development and program development, implementation, and evaluation. (3) Requirements The national campaign required by paragraph (1) shall— (A) include the use of evidence-based media and public engagement; (B) be carried out through competitive grants or cooperative agreements awarded to 1 or more private, nonprofit entities with a history developing and implementing similar campaigns; (C) include the development of culturally and linguistically competent resources that shall be tailored for— (i) women who are pregnant, recently gave birth, or are breastfeeding; (ii) women who menstruate, especially if menstrual periods are heavy; (iii) women who have undergone major surgery or physical trauma; (iv) women with limited English proficiency; (v) women with gastrointestinal diseases, such as Celiac disease and inflammatory bowel diseases such as ulcerative colitis and Crohn’s disease; (vi) women with peptic ulcer disease; (vii) populations with a high prevalence of iron deficiency (such as Black and Hispanic women); (viii) parents with children under the age of two; (ix) rural communities; and (x) such other communities as the Secretary determines appropriate; (D) include the dissemination of iron deficiency information and communication resources to health care providers and health care facilities (including pediatricians, primary care providers, community health centers, dentists, obstetricians, and gynecologists), State and local public health departments, elementary and secondary schools, child care centers, and colleges and universities; (E) be complementary to, and coordinated with, any other Federal efforts with respect to iron deficiency awareness; (F) include message testing to identify culturally competent and effective messages for behavioral change; and (G) include the award of grants or cooperative agreements to State, local, and Tribal public health departments to engage with— (i) communities specified in subparagraph (C); (ii) local educational agencies; (iii) health care providers; (iv) community organizations; or (v) other groups the Secretary determines are appropriate to develop and deliver effective strategies to decrease iron deficiency rates. (4) Options for dissemination of information The national campaign required by paragraph (1) may— (A) include the use of— (i) social media, television, radio, print, the internet, and other media; (ii) in-person or virtual public communications; and (iii) recognized, trusted figures; (B) be targeted to specific communities specified in paragraph (3)(C); and (C) include the dissemination of information highlighting— (i) appropriate screening for iron deficiency, including the recommended populations to be screened by age range or other criteria; (ii) the prevalence of iron deficiency; (iii) symptoms of iron deficiency; and (iv) mechanisms of preventing and managing iron deficiency. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $7,000,000 for each of fiscal years 2024 through 2028.. (b) Report to Congress (1) In general Not later than the end of fiscal year 2027, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the campaign under section 317(o) of the Public Health Service Act, as added by subsection (a). (2) Qualitative assessment The report under paragraph (1) shall include a qualitative assessment of— (A) the overall campaign under section 317(o) of the Public Health Service Act, as added by subsection (a); and (B) the impacts of the activities conducted through the campaign, including such impacts on iron deficiency, and iron deficiency anemia, among women and children under the age of two.
6,624
[ "Energy and Commerce Committee" ]
118hr1389ih
118
hr
1,389
ih
To provide the Secretary of Energy with the authority to enter into contracts and cooperative agreements to improve the resilience of defense critical electric infrastructure and reduce the vulnerability of critical defense facilities to the disruption of the supply of electric energy to those facilities.
[ { "text": "1. Short title \nThis Act may be cited as the Guaranteeing Resilient Installations for Defense Act or the GRID Act.", "id": "HFE1ADDC8E50C4B7685CDED5497DF6675", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Defense critical electric infrastructure security \nSection 215A of the Federal Power Act ( 16 U.S.C. 824o–1 ) is amended— (1) in subsection (a)— (A) in paragraph (4), by striking of the 48 contiguous States or the District of Columbia and inserting State ; (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following: (8) Resilience \nThe term resilience has the meaning given the term in section 1304A(j) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17384a(j) ). ; (2) in subsection (c), in the matter preceding paragraph (1), by striking the 48 contiguous States and the District of Columbia and inserting any State ; and (3) by adding at the end the following: (g) Authority To address vulnerabilities \nThe Secretary may, to the extent that funds are made available for such purposes in advance in appropriations Acts, enter into contracts or cooperative agreements with external providers of electric energy— (1) to improve the resilience of defense critical electric infrastructure; and (2) to reduce the vulnerability of critical defense facilities designated under subsection (c) to the disruption of the supply of electric energy to those facilities..", "id": "H4B4519E087FF472888DD06BC8903A7B1", "header": "Defense critical electric infrastructure security", "nested": [], "links": [ { "text": "16 U.S.C. 824o–1", "legal-doc": "usc", "parsable-cite": "usc/16/824o-1" }, { "text": "42 U.S.C. 17384a(j)", "legal-doc": "usc", "parsable-cite": "usc/42/17384a" } ] } ]
2
1. Short title This Act may be cited as the Guaranteeing Resilient Installations for Defense Act or the GRID Act. 2. Defense critical electric infrastructure security Section 215A of the Federal Power Act ( 16 U.S.C. 824o–1 ) is amended— (1) in subsection (a)— (A) in paragraph (4), by striking of the 48 contiguous States or the District of Columbia and inserting State ; (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following: (8) Resilience The term resilience has the meaning given the term in section 1304A(j) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17384a(j) ). ; (2) in subsection (c), in the matter preceding paragraph (1), by striking the 48 contiguous States and the District of Columbia and inserting any State ; and (3) by adding at the end the following: (g) Authority To address vulnerabilities The Secretary may, to the extent that funds are made available for such purposes in advance in appropriations Acts, enter into contracts or cooperative agreements with external providers of electric energy— (1) to improve the resilience of defense critical electric infrastructure; and (2) to reduce the vulnerability of critical defense facilities designated under subsection (c) to the disruption of the supply of electric energy to those facilities..
1,343
[ "Energy and Commerce Committee" ]
118hr2862ih
118
hr
2,862
ih
To eliminate the inpatient-only service list.
[ { "text": "1. Short title \nThis Act may be cited as the Empowering Patient Choice of Medical Care Act.", "id": "H80268EF9174B43B4970E7B82ACEBC3E4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Elimination of inpatient-only service list \nBeginning January 1, 2024, the Secretary of Health and Human Services may not refuse to designate an outpatient hospital service pursuant to section 1833(t)(1)(B)(i) of the Social Security Act ( 42 U.S.C. 1395l(t)(1)(B)(i) ) based solely on a determination by the Secretary that such service may only be safely furnished in an inpatient setting.", "id": "H5B40B4A9E3B54F129785CF698F916F8D", "header": "Elimination of inpatient-only service list", "nested": [], "links": [ { "text": "42 U.S.C. 1395l(t)(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] } ]
2
1. Short title This Act may be cited as the Empowering Patient Choice of Medical Care Act. 2. Elimination of inpatient-only service list Beginning January 1, 2024, the Secretary of Health and Human Services may not refuse to designate an outpatient hospital service pursuant to section 1833(t)(1)(B)(i) of the Social Security Act ( 42 U.S.C. 1395l(t)(1)(B)(i) ) based solely on a determination by the Secretary that such service may only be safely furnished in an inpatient setting.
484
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr5163ih
118
hr
5,163
ih
To amend the Controlled Substances Act to allow for the use of telehealth in substance use disorder treatment, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Telehealth Response for E-prescribing Addiction Therapy Services Act or TREATS Act.", "id": "H8C2499041C00436BA272EF9BCAC55AF8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Telehealth for substance use disorder treatment \nSection 309(e)(2) of the Controlled Substances Act ( 21 U.S.C. 829(e)(2) ) is amended— (1) in subparagraph (A)(i)— (A) by striking at least 1 in-person medical evaluation and inserting the following: at least— (I) 1 in-person medical evaluation ; and (B) by adding at the end the following: (II) for purposes of prescribing a controlled substance in schedule III, IV, or V that is approved by the Food and Drug Administration for the treatment of opioid use disorder (other than methadone), 1 telehealth evaluation; or ; and (2) by adding at the end the following: (D) The term ‘telehealth evaluation’ means a medical evaluation that is conducted in accordance with applicable Federal and State laws by a practitioner (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient, or a health care professional who is treating the patient, using a telecommunications system referred to in section 1834(m) of the Social Security Act that includes audio-only or audio and video equipment permitting two-way, real-time interactive communication between the patient and distant site practitioner or health care professional who is treating the patient..", "id": "HFC2929B025D4457B82B96DD5AA4FE5DA", "header": "Telehealth for substance use disorder treatment", "nested": [], "links": [ { "text": "21 U.S.C. 829(e)(2)", "legal-doc": "usc", "parsable-cite": "usc/21/829" } ] } ]
2
1. Short title This Act may be cited as the Telehealth Response for E-prescribing Addiction Therapy Services Act or TREATS Act. 2. Telehealth for substance use disorder treatment Section 309(e)(2) of the Controlled Substances Act ( 21 U.S.C. 829(e)(2) ) is amended— (1) in subparagraph (A)(i)— (A) by striking at least 1 in-person medical evaluation and inserting the following: at least— (I) 1 in-person medical evaluation ; and (B) by adding at the end the following: (II) for purposes of prescribing a controlled substance in schedule III, IV, or V that is approved by the Food and Drug Administration for the treatment of opioid use disorder (other than methadone), 1 telehealth evaluation; or ; and (2) by adding at the end the following: (D) The term ‘telehealth evaluation’ means a medical evaluation that is conducted in accordance with applicable Federal and State laws by a practitioner (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient, or a health care professional who is treating the patient, using a telecommunications system referred to in section 1834(m) of the Social Security Act that includes audio-only or audio and video equipment permitting two-way, real-time interactive communication between the patient and distant site practitioner or health care professional who is treating the patient..
1,377
[ "Energy and Commerce Committee", "Judiciary Committee" ]
118hr2327ih
118
hr
2,327
ih
To provide for a limitation on availability of funds for the Commission on Security and Cooperation in Europe, Salaries and Expenses for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for the Commission on Security and Cooperation in Europe, Salaries and Expenses for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for the Commission on Security and Cooperation in Europe, Salaries and Expenses for fiscal year 2024 may not exceed $0.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for the Commission on Security and Cooperation in Europe, Salaries and Expenses for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for the Commission on Security and Cooperation in Europe, Salaries and Expenses for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for the Commission on Security and Cooperation in Europe, Salaries and Expenses for fiscal year 2024 may not exceed $0.
369
[ "Foreign Affairs Committee" ]
118hr3156ih
118
hr
3,156
ih
To require the installation of security cameras at facilities of the United States Postal Service, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Postal Facilities Security Camera Act.", "id": "H49FC48C2D142476BB721474757F3C945", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Postal facilities security cameras \n(a) In general \nSubject to the availability of appropriations, the United States Postal Service shall install security cameras at each facility of the United States Postal Service to ensure, to the extent practicable, the security of the employees, customers, and property of the Postal Service at each such facility. (b) Authorization of appropriations \nThere are authorized to be appropriated from the general fund of the Treasury, to be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code, such sums as are necessary to carry out this Act.", "id": "H24B155717C19441DB63B46B0D6835187", "header": "Postal facilities security cameras", "nested": [ { "text": "(a) In general \nSubject to the availability of appropriations, the United States Postal Service shall install security cameras at each facility of the United States Postal Service to ensure, to the extent practicable, the security of the employees, customers, and property of the Postal Service at each such facility.", "id": "H80A7798D98FA409784FD18D164C1156C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere are authorized to be appropriated from the general fund of the Treasury, to be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code, such sums as are necessary to carry out this Act.", "id": "H4986089A8D53444F95B7A887DA094524", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Postal Facilities Security Camera Act. 2. Postal facilities security cameras (a) In general Subject to the availability of appropriations, the United States Postal Service shall install security cameras at each facility of the United States Postal Service to ensure, to the extent practicable, the security of the employees, customers, and property of the Postal Service at each such facility. (b) Authorization of appropriations There are authorized to be appropriated from the general fund of the Treasury, to be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code, such sums as are necessary to carry out this Act.
715
[ "Oversight and Accountability Committee" ]
118hr515ih
118
hr
515
ih
To amend the Internal Revenue Code of 1986 to repeal the excise tax on repurchase of corporate stock.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting American Savers and Retirees Act.", "id": "HF42A3A4E16CA4E1991727CEDDF4F7FDB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of excise tax on repurchase of corporate stock \n(a) In general \nChapter 37 of the Internal Revenue Code of 1986 is repealed. (b) Clerical amendment \nThe table of chapters for subtitle D is amended by striking the item relating to chapter 37. (c) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "H667D313B40B9486A8A4E5A8BCEE20998", "header": "Repeal of excise tax on repurchase of corporate stock", "nested": [ { "text": "(a) In general \nChapter 37 of the Internal Revenue Code of 1986 is repealed.", "id": "H32B7DACF6BD5440AA63FBEEE159AB3ED", "header": "In general", "nested": [], "links": [ { "text": "Chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/37" } ] }, { "text": "(b) Clerical amendment \nThe table of chapters for subtitle D is amended by striking the item relating to chapter 37.", "id": "HA156F8812B4142C290865608AA907937", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendment made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "HB362D010B9D64C44920812BE2A99C0B3", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/37" } ] } ]
2
1. Short title This Act may be cited as the Protecting American Savers and Retirees Act. 2. Repeal of excise tax on repurchase of corporate stock (a) In general Chapter 37 of the Internal Revenue Code of 1986 is repealed. (b) Clerical amendment The table of chapters for subtitle D is amended by striking the item relating to chapter 37. (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2022.
460
[ "Ways and Means Committee" ]
118hr7348ih
118
hr
7,348
ih
To interconnect the Electric Reliability Council of Texas to its neighbors, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Connect the Grid Act.", "id": "HBCD021BEF3C94A3E848E6E3D79E8BE84", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Jurisdiction with respect to ERCOT \n(a) Application of part \nSection 201(b)(2) of the Federal Power Act ( 16 U.S.C. 824(b)(2) ) is amended by— (1) striking 210, 211, 211A, 212 the second place it appears; and (2) striking an electric utility or other entity and inserting any entity that is otherwise exempt under section 201(f). (b) Public utility definition \nSection 201(e) of the Federal Power Act ( 16 U.S.C. 824(e) ) is amended by striking 210, 211, 211A, 212,. (c) Repeal of ERCOT Exemptions \n(1) Section 212 of the Federal Power Act ( 16 U.S.C. 824k ) is amended by striking subsection (k). (2) Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended by striking subsection (k). (3) Section 217 of the Federal Power Act ( 16 U.S.C. 824q ) is amended by striking subsection (h). (4) Section 220 of the Federal Power Act ( 16 U.S.C. 824t ) is amended by striking subsection (f). (d) Technical conference \nNot later than 6 months after the date of enactment of this Act, the Commission shall convene a technical conference to assist entities affected by the amendments made by this section with compliance with any requirements pursuant to such amendments, including by publishing the steps necessary for such compliance.", "id": "H87F9C511E5D04161839146AEB5B1476A", "header": "Jurisdiction with respect to ERCOT", "nested": [ { "text": "(a) Application of part \nSection 201(b)(2) of the Federal Power Act ( 16 U.S.C. 824(b)(2) ) is amended by— (1) striking 210, 211, 211A, 212 the second place it appears; and (2) striking an electric utility or other entity and inserting any entity that is otherwise exempt under section 201(f).", "id": "H19A59529D4AD4C28A90BE8D004E96C95", "header": "Application of part", "nested": [], "links": [ { "text": "16 U.S.C. 824(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/824" } ] }, { "text": "(b) Public utility definition \nSection 201(e) of the Federal Power Act ( 16 U.S.C. 824(e) ) is amended by striking 210, 211, 211A, 212,.", "id": "H65F2F8202EF2453483BBED9CD474D799", "header": "Public utility definition", "nested": [], "links": [ { "text": "16 U.S.C. 824(e)", "legal-doc": "usc", "parsable-cite": "usc/16/824" } ] }, { "text": "(c) Repeal of ERCOT Exemptions \n(1) Section 212 of the Federal Power Act ( 16 U.S.C. 824k ) is amended by striking subsection (k). (2) Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended by striking subsection (k). (3) Section 217 of the Federal Power Act ( 16 U.S.C. 824q ) is amended by striking subsection (h). (4) Section 220 of the Federal Power Act ( 16 U.S.C. 824t ) is amended by striking subsection (f).", "id": "H32B8D77C9A994022ABAA12D1E7B5A168", "header": "Repeal of ERCOT Exemptions", "nested": [], "links": [ { "text": "16 U.S.C. 824k", "legal-doc": "usc", "parsable-cite": "usc/16/824k" }, { "text": "16 U.S.C. 824p", "legal-doc": "usc", "parsable-cite": "usc/16/824p" }, { "text": "16 U.S.C. 824q", "legal-doc": "usc", "parsable-cite": "usc/16/824q" }, { "text": "16 U.S.C. 824t", "legal-doc": "usc", "parsable-cite": "usc/16/824t" } ] }, { "text": "(d) Technical conference \nNot later than 6 months after the date of enactment of this Act, the Commission shall convene a technical conference to assist entities affected by the amendments made by this section with compliance with any requirements pursuant to such amendments, including by publishing the steps necessary for such compliance.", "id": "H43ABE80CA61E4A2AB621EAD57BF1EFBE", "header": "Technical conference", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 824(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/824" }, { "text": "16 U.S.C. 824(e)", "legal-doc": "usc", "parsable-cite": "usc/16/824" }, { "text": "16 U.S.C. 824k", "legal-doc": "usc", "parsable-cite": "usc/16/824k" }, { "text": "16 U.S.C. 824p", "legal-doc": "usc", "parsable-cite": "usc/16/824p" }, { "text": "16 U.S.C. 824q", "legal-doc": "usc", "parsable-cite": "usc/16/824q" }, { "text": "16 U.S.C. 824t", "legal-doc": "usc", "parsable-cite": "usc/16/824t" } ] }, { "text": "3. Electric reliability \n(a) Amendments \nSection 215 of the Federal Power Act ( 16 U.S.C. 824o ) is amended— (1) in subsection (a)(3), by striking enlarge such facilities or to construct new transmission capacity or generation capacity and inserting construct new generation capacity ; and (2) in subsection (i)(2), by striking or transmission. (b) Reliability standard for total transfer capability \n(1) In general \nNot later than 30 days after the date of enactment of this Act, the Commission shall order the Electric Reliability Organization to submit to the Commission a proposed reliability standard that requires minimum total transfer capability of— (A) between 4.3 and 12.6 gigawatts between the area under functional control of ERCOT and the area under functional control of SPP; (B) between 2.5 and 16.2 gigawatts between the area under functional control of ERCOT and the area under functional control of MISO; and (C) between 2.6 and 7.9 gigawatts between the area under functional control of ERCOT and the Western Interconnection. (2) Contents \nThe Commission may only approve a proposed reliability standard described in paragraph (1) if such reliability standard— (A) requires minimum total transfer capability as described in paragraph (1); and (B) requires each of ERCOT and SPP, ERCOT and MISO, and ERCOT and 1 or more neighboring balancing authorities in the Western Interconnection (as determined by the Electric Reliability Organization), to jointly submit, not later than 1 year after the date of enactment of this Act, a plan that— (i) designates 1 or more entities to site and construct new transmission facilities, or modify existing transmission facilities, to achieve the applicable minimum total transfer capability; and (ii) includes a timeline for such siting and construction or modification, which timeline shall include that such siting and construction or modification be completed by January 1, 2035. (3) Priority \nAny plan for the siting and construction or modification of transmission facilities described in paragraph (2)(B) shall prioritize— (A) use of grid-enhancing technologies; (B) use of existing rights-of-ways, such as highways and railroads, to site and construct new transmission facilities; (C) siting and construction of new transmission facilities on degraded land, including sites on the National Priorities List, brownfield sites, landfills, abandoned mine land, and contaminated or abandoned agricultural lands; (D) siting and construction of new transmission facilities that expands access to renewable energy sources, including wind, solar, and geothermal sources; (E) providing meaningful community involvement opportunities, including conducting outreach to— (i) environmental justice communities, including conducting planning meetings, set at times and places to maximize the number of community members who can conveniently attend, with appropriate services, including translation and interpreting services and virtual attendance, in such environmental justice communities; (ii) Tribal and Indigenous Communities; (iii) Tribal Governments; and (iv) relevant labor organizations; and (F) the use of registered apprenticeship programs and prevailing wages, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (4) Environmental review \nAny project to site, construct, or modify transmission facilities that is conducted to comply with the reliability standard described in paragraph (1) shall be subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (c) Consideration for national interest electric transmission corridor \nIn carrying out section 216 of the Federal Power Act ( 16 U.S.C. 824p ), the Secretary of Energy shall consider designating as a national interest electric transmission corridor any area in which transmission facilities will be sited and constructed or modified pursuant to this section.", "id": "HE5AE3F16D02C4888A3622D0DD2540028", "header": "Electric reliability", "nested": [ { "text": "(a) Amendments \nSection 215 of the Federal Power Act ( 16 U.S.C. 824o ) is amended— (1) in subsection (a)(3), by striking enlarge such facilities or to construct new transmission capacity or generation capacity and inserting construct new generation capacity ; and (2) in subsection (i)(2), by striking or transmission.", "id": "H30E882BD30B0490E994850C3329A4DCF", "header": "Amendments", "nested": [], "links": [ { "text": "16 U.S.C. 824o", "legal-doc": "usc", "parsable-cite": "usc/16/824o" } ] }, { "text": "(b) Reliability standard for total transfer capability \n(1) In general \nNot later than 30 days after the date of enactment of this Act, the Commission shall order the Electric Reliability Organization to submit to the Commission a proposed reliability standard that requires minimum total transfer capability of— (A) between 4.3 and 12.6 gigawatts between the area under functional control of ERCOT and the area under functional control of SPP; (B) between 2.5 and 16.2 gigawatts between the area under functional control of ERCOT and the area under functional control of MISO; and (C) between 2.6 and 7.9 gigawatts between the area under functional control of ERCOT and the Western Interconnection. (2) Contents \nThe Commission may only approve a proposed reliability standard described in paragraph (1) if such reliability standard— (A) requires minimum total transfer capability as described in paragraph (1); and (B) requires each of ERCOT and SPP, ERCOT and MISO, and ERCOT and 1 or more neighboring balancing authorities in the Western Interconnection (as determined by the Electric Reliability Organization), to jointly submit, not later than 1 year after the date of enactment of this Act, a plan that— (i) designates 1 or more entities to site and construct new transmission facilities, or modify existing transmission facilities, to achieve the applicable minimum total transfer capability; and (ii) includes a timeline for such siting and construction or modification, which timeline shall include that such siting and construction or modification be completed by January 1, 2035. (3) Priority \nAny plan for the siting and construction or modification of transmission facilities described in paragraph (2)(B) shall prioritize— (A) use of grid-enhancing technologies; (B) use of existing rights-of-ways, such as highways and railroads, to site and construct new transmission facilities; (C) siting and construction of new transmission facilities on degraded land, including sites on the National Priorities List, brownfield sites, landfills, abandoned mine land, and contaminated or abandoned agricultural lands; (D) siting and construction of new transmission facilities that expands access to renewable energy sources, including wind, solar, and geothermal sources; (E) providing meaningful community involvement opportunities, including conducting outreach to— (i) environmental justice communities, including conducting planning meetings, set at times and places to maximize the number of community members who can conveniently attend, with appropriate services, including translation and interpreting services and virtual attendance, in such environmental justice communities; (ii) Tribal and Indigenous Communities; (iii) Tribal Governments; and (iv) relevant labor organizations; and (F) the use of registered apprenticeship programs and prevailing wages, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (4) Environmental review \nAny project to site, construct, or modify transmission facilities that is conducted to comply with the reliability standard described in paragraph (1) shall be subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ).", "id": "H2B2F7D57046F4663AFDFE887E7A0D0D9", "header": "Reliability standard for total transfer capability", "nested": [], "links": [ { "text": "chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/31" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] }, { "text": "(c) Consideration for national interest electric transmission corridor \nIn carrying out section 216 of the Federal Power Act ( 16 U.S.C. 824p ), the Secretary of Energy shall consider designating as a national interest electric transmission corridor any area in which transmission facilities will be sited and constructed or modified pursuant to this section.", "id": "H48FC53BEEA10480B82C03E72CB152EA7", "header": "Consideration for national interest electric transmission corridor", "nested": [], "links": [ { "text": "16 U.S.C. 824p", "legal-doc": "usc", "parsable-cite": "usc/16/824p" } ] } ], "links": [ { "text": "16 U.S.C. 824o", "legal-doc": "usc", "parsable-cite": "usc/16/824o" }, { "text": "chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/31" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "16 U.S.C. 824p", "legal-doc": "usc", "parsable-cite": "usc/16/824p" } ] }, { "text": "4. Increased borrowing authority under the Transmission Facilitation Program \nSection 40106(d)(2) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18713(d)(2) ) is amended by striking $2,500,000,000 and inserting $13,500,000,000.", "id": "H1550F3561CFA41F39E0A835C201D1B27", "header": "Increased borrowing authority under the Transmission Facilitation Program", "nested": [], "links": [ { "text": "42 U.S.C. 18713(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/18713" } ] }, { "text": "5. Study on benefits of interconnection with Mexico \nNot later than one year after the date of enactment of this Act, the Secretary of Energy shall conduct a study and submit to Congress a report on the reliability, climate, and cost benefits of interconnection of facilities for the generation, transmission, and sale of electric energy with such facilities in Mexico and the siting and construction, or modification, of such facilities that will bring the most cumulative benefits.", "id": "H4149DF9815ED49229F62F2B747B0BF06", "header": "Study on benefits of interconnection with Mexico", "nested": [], "links": [] }, { "text": "6. Definitions \nIn this Act: (1) Abandoned mine land \nThe term abandoned mine land means land, water, or a watershed that is contaminated or scarred by extraction, beneficiation, or processing of ores or minerals (which may include phosphate, but does not include coal). (2) Brownfield site \nThe term brownfield site has the meaning given such term in section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(39) ). (3) Commission \nThe term Commission means the Federal Energy Regulatory Commission. (4) Electric Reliability Organization \nThe term Electric Reliability Organization has the meaning given such term in section 215(a)(2) of the Federal Power Act ( 16 U.S.C. 824o(a)(2) ). (5) Environmental justice community \nThe 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. (6) ERCOT \nThe term ERCOT means the Electric Reliability Council of Texas. (7) Grid-enhancing technology \nThe term grid-enhancing technology means a solution that increases the transfer capability of high-voltage transmission facilities. (8) MISO \nThe term MISO means the Midcontinent Independent System Operator transmission organization. (9) National Priorities List \nThe term National Priorities List means the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). (10) Registered apprenticeship program \nThe term registered apprenticeship program means an apprenticeship registered under the National Apprenticeship Act that meets the standards of subpart A of part 29, and part 30, of title 29, Code of Federal Regulations. (11) Reliability standard \nThe term reliability standard has the meaning given such term in section 215(a)(3) of the Federal Power Act ( 16 U.S.C. 824o(a)(3) ). (12) SPP \nThe term SPP means the Southwest Power Pool transmission organization. (13) Total transfer capability \nThe term total transfer capability has the meaning given such term in section 37.6(b)(1)(vi) of title 18, Code of Federal Regulations (as in effect on the date of enactment of this Act). (14) Transmission facility \nThe term transmission facility means a facility that is used for the transmission of electric energy in interstate commerce, including transmission lines. (15) Transmission organization \nThe term transmission organization has the meaning given such term in section 215(a)(6) of the Federal Power Act ( 16 U.S.C. 824o(a)(6) ). (16) Tribal and Indigenous community \nThe 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. (17) Tribal Government \nThe term Tribal Government means the governing body of an Indian Tribe. (18) Western Interconnection \nThe term Western Interconnection means the synchronously operated electric transmission grid located in the western part of North America, including parts of Montana, Nebraska, New Mexico, South Dakota, Texas, Wyoming and Mexico and all of Arizona, California, Colorado, Idaho, Nevada, Oregon, Utah, Washington and the Canadian Provinces of British Columbia and Alberta.", "id": "H7031FF08A8454316AFDE57A5BA5BDEAC", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 9601(39)", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "16 U.S.C. 824o(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/16/824o" }, { "text": "42 U.S.C. 9605(a)(8)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/9605" }, { "text": "16 U.S.C. 824o(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/16/824o" }, { "text": "16 U.S.C. 824o(a)(6)", "legal-doc": "usc", "parsable-cite": "usc/16/824o" } ] } ]
6
1. Short title This Act may be cited as the Connect the Grid Act. 2. Jurisdiction with respect to ERCOT (a) Application of part Section 201(b)(2) of the Federal Power Act ( 16 U.S.C. 824(b)(2) ) is amended by— (1) striking 210, 211, 211A, 212 the second place it appears; and (2) striking an electric utility or other entity and inserting any entity that is otherwise exempt under section 201(f). (b) Public utility definition Section 201(e) of the Federal Power Act ( 16 U.S.C. 824(e) ) is amended by striking 210, 211, 211A, 212,. (c) Repeal of ERCOT Exemptions (1) Section 212 of the Federal Power Act ( 16 U.S.C. 824k ) is amended by striking subsection (k). (2) Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended by striking subsection (k). (3) Section 217 of the Federal Power Act ( 16 U.S.C. 824q ) is amended by striking subsection (h). (4) Section 220 of the Federal Power Act ( 16 U.S.C. 824t ) is amended by striking subsection (f). (d) Technical conference Not later than 6 months after the date of enactment of this Act, the Commission shall convene a technical conference to assist entities affected by the amendments made by this section with compliance with any requirements pursuant to such amendments, including by publishing the steps necessary for such compliance. 3. Electric reliability (a) Amendments Section 215 of the Federal Power Act ( 16 U.S.C. 824o ) is amended— (1) in subsection (a)(3), by striking enlarge such facilities or to construct new transmission capacity or generation capacity and inserting construct new generation capacity ; and (2) in subsection (i)(2), by striking or transmission. (b) Reliability standard for total transfer capability (1) In general Not later than 30 days after the date of enactment of this Act, the Commission shall order the Electric Reliability Organization to submit to the Commission a proposed reliability standard that requires minimum total transfer capability of— (A) between 4.3 and 12.6 gigawatts between the area under functional control of ERCOT and the area under functional control of SPP; (B) between 2.5 and 16.2 gigawatts between the area under functional control of ERCOT and the area under functional control of MISO; and (C) between 2.6 and 7.9 gigawatts between the area under functional control of ERCOT and the Western Interconnection. (2) Contents The Commission may only approve a proposed reliability standard described in paragraph (1) if such reliability standard— (A) requires minimum total transfer capability as described in paragraph (1); and (B) requires each of ERCOT and SPP, ERCOT and MISO, and ERCOT and 1 or more neighboring balancing authorities in the Western Interconnection (as determined by the Electric Reliability Organization), to jointly submit, not later than 1 year after the date of enactment of this Act, a plan that— (i) designates 1 or more entities to site and construct new transmission facilities, or modify existing transmission facilities, to achieve the applicable minimum total transfer capability; and (ii) includes a timeline for such siting and construction or modification, which timeline shall include that such siting and construction or modification be completed by January 1, 2035. (3) Priority Any plan for the siting and construction or modification of transmission facilities described in paragraph (2)(B) shall prioritize— (A) use of grid-enhancing technologies; (B) use of existing rights-of-ways, such as highways and railroads, to site and construct new transmission facilities; (C) siting and construction of new transmission facilities on degraded land, including sites on the National Priorities List, brownfield sites, landfills, abandoned mine land, and contaminated or abandoned agricultural lands; (D) siting and construction of new transmission facilities that expands access to renewable energy sources, including wind, solar, and geothermal sources; (E) providing meaningful community involvement opportunities, including conducting outreach to— (i) environmental justice communities, including conducting planning meetings, set at times and places to maximize the number of community members who can conveniently attend, with appropriate services, including translation and interpreting services and virtual attendance, in such environmental justice communities; (ii) Tribal and Indigenous Communities; (iii) Tribal Governments; and (iv) relevant labor organizations; and (F) the use of registered apprenticeship programs and prevailing wages, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (4) Environmental review Any project to site, construct, or modify transmission facilities that is conducted to comply with the reliability standard described in paragraph (1) shall be subject to the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). (c) Consideration for national interest electric transmission corridor In carrying out section 216 of the Federal Power Act ( 16 U.S.C. 824p ), the Secretary of Energy shall consider designating as a national interest electric transmission corridor any area in which transmission facilities will be sited and constructed or modified pursuant to this section. 4. Increased borrowing authority under the Transmission Facilitation Program Section 40106(d)(2) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18713(d)(2) ) is amended by striking $2,500,000,000 and inserting $13,500,000,000. 5. Study on benefits of interconnection with Mexico Not later than one year after the date of enactment of this Act, the Secretary of Energy shall conduct a study and submit to Congress a report on the reliability, climate, and cost benefits of interconnection of facilities for the generation, transmission, and sale of electric energy with such facilities in Mexico and the siting and construction, or modification, of such facilities that will bring the most cumulative benefits. 6. Definitions In this Act: (1) Abandoned mine land The term abandoned mine land means land, water, or a watershed that is contaminated or scarred by extraction, beneficiation, or processing of ores or minerals (which may include phosphate, but does not include coal). (2) Brownfield site The term brownfield site has the meaning given such term in section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601(39) ). (3) Commission The term Commission means the Federal Energy Regulatory Commission. (4) Electric Reliability Organization The term Electric Reliability Organization has the meaning given such term in section 215(a)(2) of the Federal Power Act ( 16 U.S.C. 824o(a)(2) ). (5) 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. (6) ERCOT The term ERCOT means the Electric Reliability Council of Texas. (7) Grid-enhancing technology The term grid-enhancing technology means a solution that increases the transfer capability of high-voltage transmission facilities. (8) MISO The term MISO means the Midcontinent Independent System Operator transmission organization. (9) National Priorities List The term National Priorities List means the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). (10) Registered apprenticeship program The term registered apprenticeship program means an apprenticeship registered under the National Apprenticeship Act that meets the standards of subpart A of part 29, and part 30, of title 29, Code of Federal Regulations. (11) Reliability standard The term reliability standard has the meaning given such term in section 215(a)(3) of the Federal Power Act ( 16 U.S.C. 824o(a)(3) ). (12) SPP The term SPP means the Southwest Power Pool transmission organization. (13) Total transfer capability The term total transfer capability has the meaning given such term in section 37.6(b)(1)(vi) of title 18, Code of Federal Regulations (as in effect on the date of enactment of this Act). (14) Transmission facility The term transmission facility means a facility that is used for the transmission of electric energy in interstate commerce, including transmission lines. (15) Transmission organization The term transmission organization has the meaning given such term in section 215(a)(6) of the Federal Power Act ( 16 U.S.C. 824o(a)(6) ). (16) 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. (17) Tribal Government The term Tribal Government means the governing body of an Indian Tribe. (18) Western Interconnection The term Western Interconnection means the synchronously operated electric transmission grid located in the western part of North America, including parts of Montana, Nebraska, New Mexico, South Dakota, Texas, Wyoming and Mexico and all of Arizona, California, Colorado, Idaho, Nevada, Oregon, Utah, Washington and the Canadian Provinces of British Columbia and Alberta.
9,689
[ "Energy and Commerce Committee" ]
118hr6853ih
118
hr
6,853
ih
To amend the Congressional Budget and Impoundment Control Act of 1974 to require the Congressional Budget Office to provide to Congress information on payments from the Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Save Our Seniors Act or the SOS Act.", "id": "H6AC3BE85C397474087E775262C0D59B4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Information on payments from the Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund \nSection 202(e)(1) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 602(e)(1) ) is amended by adding at the end the following: Such report shall include a comparison, expressed in graph format and included with other information in the report on the Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund, between: (A) the amount assumed under section 257(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907(b)(1) ); and (B) outlays from payments from such Trust Funds based on the assumption that payments would be consistent with the amounts payable from dedicated funding sources as under current law..", "id": "HC45DBBDF74F4418E9B8DD408EB6C8137", "header": "Information on payments from the Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund", "nested": [], "links": [ { "text": "2 U.S.C. 602(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/2/602" }, { "text": "2 U.S.C. 907(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/2/907" } ] } ]
2
1. Short title This Act may be cited as the Save Our Seniors Act or the SOS Act. 2. Information on payments from the Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund Section 202(e)(1) of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 602(e)(1) ) is amended by adding at the end the following: Such report shall include a comparison, expressed in graph format and included with other information in the report on the Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund, between: (A) the amount assumed under section 257(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907(b)(1) ); and (B) outlays from payments from such Trust Funds based on the assumption that payments would be consistent with the amounts payable from dedicated funding sources as under current law..
894
[ "Budget Committee" ]
118hr4483ih
118
hr
4,483
ih
To amend the Richard B. Russell National School Lunch Act to require the Secretary of Agriculture to make loan guarantees and grants to finance certain improvements to school lunch facilities, to train school food service personnel, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the School Food Modernization Act.", "id": "H6ACF08EF842D4CD5B2EBD88ABD38185F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Loan guarantees and grants to finance certain improvements to school lunch facilities \nThe Richard B. Russell National School Lunch Act is amended by inserting after section 26 ( 42 U.S.C. 1769g ) the following: 27. Loan guarantees and grants to finance certain improvements to school lunch facilities \n(a) Definitions \nIn this section: (1) Durable equipment \nThe term durable equipment means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. (2) Eligible entity \nThe term eligible entity means— (A) a local educational agency or a school food authority administering or operating a school meal program; (B) a tribal organization; or (C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. (3) Infrastructure \nThe term infrastructure means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. (4) Local educational agency \nThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) School food authority \nThe term school food authority has the meaning given the term in section 210.2 of title 7, Code of Federal Regulations (or any successor regulation). (6) Tribal organization \nThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (b) Loan guarantees for assistance to schools for infrastructure improvements and durable equipment necessary To provide healthy meals through school meal programs \n(1) Authority to guarantee loans \nThe Secretary shall issue a loan guarantee to an eligible lender for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist the eligible entity in providing healthy meals through a school meal program authorized under this Act. (2) Preferences \nIn issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Oversight \nThe Secretary, acting through the Under Secretary for Rural Development, shall establish procedures to oversee any project or purchase for which a loan guarantee is issued under this subsection. (4) Guarantee amount \nA loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. (5) Fees and costs \n(A) In general \nThe Secretary shall establish fees for loan guarantees under this subsection that are, to the maximum extent practicable, equal to all costs of the loan guarantees as determined under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), as determined by the Secretary. (B) Fee shortfall \nTo the extent that the Secretary determines that fees described in subparagraph (A) are not sufficient to pay for all of the costs for the loan guarantees pursuant to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), the Secretary may use funds described in paragraph (6) to pay for the costs of loan guarantees not paid for by the fees. (6) Funding \n(A) In general \nTo provide loan guarantees under this subsection, the Secretary shall reserve $300,000,000 of the loan guarantee authority remaining and unobligated as of the date of enactment of the School Food Modernization Act under the program of community facility guaranteed loans under section 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) ). (B) Technical assistance \nThe Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. (c) Equipment grants \n(1) Authority to make grants \nBeginning in fiscal year 2024 and subject to the availability of appropriations, provide grants to State agencies for competitive subgrants to local educational agencies and schools (tribes) to purchase the equipment needed to serve healthy meals, improve food safety, and to help support the establishment, maintenance and expansion of the school. (2) Preferences \nIn issuing a grant under this subsection, the State agency shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the State agency determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated $35,000,000 as may be necessary to carry out this subsection for each of fiscal years 2024 through 2029. (B) Technical assistance \nThe Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources..", "id": "HD30D4A0D31314924B0F1B22831AF484F", "header": "Loan guarantees and grants to finance certain improvements to school lunch facilities", "nested": [], "links": [ { "text": "42 U.S.C. 1769g", "legal-doc": "usc", "parsable-cite": "usc/42/1769g" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "2 U.S.C. 661 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/661" }, { "text": "2 U.S.C. 661 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/661" }, { "text": "7 U.S.C. 1926(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1926" } ] }, { "text": "27. Loan guarantees and grants to finance certain improvements to school lunch facilities \n(a) Definitions \nIn this section: (1) Durable equipment \nThe term durable equipment means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. (2) Eligible entity \nThe term eligible entity means— (A) a local educational agency or a school food authority administering or operating a school meal program; (B) a tribal organization; or (C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. (3) Infrastructure \nThe term infrastructure means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. (4) Local educational agency \nThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) School food authority \nThe term school food authority has the meaning given the term in section 210.2 of title 7, Code of Federal Regulations (or any successor regulation). (6) Tribal organization \nThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (b) Loan guarantees for assistance to schools for infrastructure improvements and durable equipment necessary To provide healthy meals through school meal programs \n(1) Authority to guarantee loans \nThe Secretary shall issue a loan guarantee to an eligible lender for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist the eligible entity in providing healthy meals through a school meal program authorized under this Act. (2) Preferences \nIn issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Oversight \nThe Secretary, acting through the Under Secretary for Rural Development, shall establish procedures to oversee any project or purchase for which a loan guarantee is issued under this subsection. (4) Guarantee amount \nA loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. (5) Fees and costs \n(A) In general \nThe Secretary shall establish fees for loan guarantees under this subsection that are, to the maximum extent practicable, equal to all costs of the loan guarantees as determined under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), as determined by the Secretary. (B) Fee shortfall \nTo the extent that the Secretary determines that fees described in subparagraph (A) are not sufficient to pay for all of the costs for the loan guarantees pursuant to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), the Secretary may use funds described in paragraph (6) to pay for the costs of loan guarantees not paid for by the fees. (6) Funding \n(A) In general \nTo provide loan guarantees under this subsection, the Secretary shall reserve $300,000,000 of the loan guarantee authority remaining and unobligated as of the date of enactment of the School Food Modernization Act under the program of community facility guaranteed loans under section 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) ). (B) Technical assistance \nThe Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. (c) Equipment grants \n(1) Authority to make grants \nBeginning in fiscal year 2024 and subject to the availability of appropriations, provide grants to State agencies for competitive subgrants to local educational agencies and schools (tribes) to purchase the equipment needed to serve healthy meals, improve food safety, and to help support the establishment, maintenance and expansion of the school. (2) Preferences \nIn issuing a grant under this subsection, the State agency shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the State agency determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated $35,000,000 as may be necessary to carry out this subsection for each of fiscal years 2024 through 2029. (B) Technical assistance \nThe Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.", "id": "HD1F4A8AB3DDF4DDAA640E2B3BB3A3872", "header": "Loan guarantees and grants to finance certain improvements to school lunch facilities", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Durable equipment \nThe term durable equipment means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. (2) Eligible entity \nThe term eligible entity means— (A) a local educational agency or a school food authority administering or operating a school meal program; (B) a tribal organization; or (C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. (3) Infrastructure \nThe term infrastructure means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. (4) Local educational agency \nThe term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) School food authority \nThe term school food authority has the meaning given the term in section 210.2 of title 7, Code of Federal Regulations (or any successor regulation). (6) Tribal organization \nThe term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).", "id": "HC2A2EDEC1135452B831D05DC2AABC53C", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(b) Loan guarantees for assistance to schools for infrastructure improvements and durable equipment necessary To provide healthy meals through school meal programs \n(1) Authority to guarantee loans \nThe Secretary shall issue a loan guarantee to an eligible lender for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist the eligible entity in providing healthy meals through a school meal program authorized under this Act. (2) Preferences \nIn issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Oversight \nThe Secretary, acting through the Under Secretary for Rural Development, shall establish procedures to oversee any project or purchase for which a loan guarantee is issued under this subsection. (4) Guarantee amount \nA loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. (5) Fees and costs \n(A) In general \nThe Secretary shall establish fees for loan guarantees under this subsection that are, to the maximum extent practicable, equal to all costs of the loan guarantees as determined under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), as determined by the Secretary. (B) Fee shortfall \nTo the extent that the Secretary determines that fees described in subparagraph (A) are not sufficient to pay for all of the costs for the loan guarantees pursuant to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), the Secretary may use funds described in paragraph (6) to pay for the costs of loan guarantees not paid for by the fees. (6) Funding \n(A) In general \nTo provide loan guarantees under this subsection, the Secretary shall reserve $300,000,000 of the loan guarantee authority remaining and unobligated as of the date of enactment of the School Food Modernization Act under the program of community facility guaranteed loans under section 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) ). (B) Technical assistance \nThe Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.", "id": "HA6C4A9C731B94C72BFA101E2E123C951", "header": "Loan guarantees for assistance to schools for infrastructure improvements and durable equipment necessary To provide healthy meals through school meal programs", "nested": [], "links": [ { "text": "2 U.S.C. 661 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/661" }, { "text": "2 U.S.C. 661 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/661" }, { "text": "7 U.S.C. 1926(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1926" } ] }, { "text": "(c) Equipment grants \n(1) Authority to make grants \nBeginning in fiscal year 2024 and subject to the availability of appropriations, provide grants to State agencies for competitive subgrants to local educational agencies and schools (tribes) to purchase the equipment needed to serve healthy meals, improve food safety, and to help support the establishment, maintenance and expansion of the school. (2) Preferences \nIn issuing a grant under this subsection, the State agency shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the State agency determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Authorization of appropriations \n(A) In general \nThere are authorized to be appropriated $35,000,000 as may be necessary to carry out this subsection for each of fiscal years 2024 through 2029. (B) Technical assistance \nThe Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.", "id": "H69089D5444EB44FBAA1A558ED7B672E5", "header": "Equipment grants", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "2 U.S.C. 661 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/661" }, { "text": "2 U.S.C. 661 et seq.", "legal-doc": "usc", "parsable-cite": "usc/2/661" }, { "text": "7 U.S.C. 1926(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1926" } ] }, { "text": "3. Training and technical assistance for school food service personnel \nThe Richard B. Russell National School Lunch Act is amended by inserting after section 21 ( 42 U.S.C. 1769b–1 ) the following: 21A. Training and technical assistance for school food service personnel \n(a) In general \nThe Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet or exceed nutrition standards under section 4(b)(3) and improve efficacy and efficiency of the school lunch program under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (b) Eligible Third-Party Institutions Defined \nFor purposes of this section, the term eligible third-party institution means— (1) a nonprofit organization with demonstrated experience in food or nutrition services training and technical assistance; (2) an institution of higher education as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); (3) an area career and technical education school as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); or (4) a consortium of entities described in paragraphs (1), (2), and (3). (c) Criteria for eligible third-Party institutions \nThe Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include— (1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; (2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and (4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel— (A) at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites; or (B) through an online training and assistance program on topics that do not require in-person attendance. (d) Program assistance \nThe Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable. (e) Federal share \n(1) In general \nThe Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. (2) Matching \nAs a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. (f) Oversight \nThe Secretary shall establish procedures to enable the Secretary— (1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and (2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act. (g) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated $10,000,000 to carry out this section for each of fiscal years 2024 through 2029. (2) Technical assistance \nThe Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources..", "id": "H85D157C2EE864B28806A295462027E5D", "header": "Training and technical assistance for school food service personnel", "nested": [], "links": [ { "text": "42 U.S.C. 1769b–1", "legal-doc": "usc", "parsable-cite": "usc/42/1769b-1" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" } ] }, { "text": "21A. Training and technical assistance for school food service personnel \n(a) In general \nThe Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet or exceed nutrition standards under section 4(b)(3) and improve efficacy and efficiency of the school lunch program under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (b) Eligible Third-Party Institutions Defined \nFor purposes of this section, the term eligible third-party institution means— (1) a nonprofit organization with demonstrated experience in food or nutrition services training and technical assistance; (2) an institution of higher education as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); (3) an area career and technical education school as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); or (4) a consortium of entities described in paragraphs (1), (2), and (3). (c) Criteria for eligible third-Party institutions \nThe Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include— (1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; (2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and (4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel— (A) at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites; or (B) through an online training and assistance program on topics that do not require in-person attendance. (d) Program assistance \nThe Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable. (e) Federal share \n(1) In general \nThe Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. (2) Matching \nAs a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. (f) Oversight \nThe Secretary shall establish procedures to enable the Secretary— (1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and (2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act. (g) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated $10,000,000 to carry out this section for each of fiscal years 2024 through 2029. (2) Technical assistance \nThe Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.", "id": "HFE2D839693824622990DB4E965875CA2", "header": "Training and technical assistance for school food service personnel", "nested": [ { "text": "(a) In general \nThe Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet or exceed nutrition standards under section 4(b)(3) and improve efficacy and efficiency of the school lunch program under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ).", "id": "H5D7B84F716BA4FE8A825DD98043C4A81", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] }, { "text": "(b) Eligible Third-Party Institutions Defined \nFor purposes of this section, the term eligible third-party institution means— (1) a nonprofit organization with demonstrated experience in food or nutrition services training and technical assistance; (2) an institution of higher education as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); (3) an area career and technical education school as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); or (4) a consortium of entities described in paragraphs (1), (2), and (3).", "id": "H78F872361C284E688A46B0DBE8C5201F", "header": "Eligible Third-Party Institutions Defined", "nested": [], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" } ] }, { "text": "(c) Criteria for eligible third-Party institutions \nThe Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include— (1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; (2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and (4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel— (A) at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites; or (B) through an online training and assistance program on topics that do not require in-person attendance.", "id": "H941C31C800704761B2DD07C9F8482A34", "header": "Criteria for eligible third-Party institutions", "nested": [], "links": [] }, { "text": "(d) Program assistance \nThe Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable.", "id": "H5D29BFF9E9214868B5DFC93B406BBCEE", "header": "Program assistance", "nested": [], "links": [] }, { "text": "(e) Federal share \n(1) In general \nThe Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. (2) Matching \nAs a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions.", "id": "H0109E19E35594DD1AC212F8DB6BD9B34", "header": "Federal share", "nested": [], "links": [] }, { "text": "(f) Oversight \nThe Secretary shall establish procedures to enable the Secretary— (1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and (2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act.", "id": "HBC9AE96FD5B74F2FAEA9C82A4B066AD1", "header": "Oversight", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated $10,000,000 to carry out this section for each of fiscal years 2024 through 2029. (2) Technical assistance \nThe Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.", "id": "HF1CDB926B9D742488A9408B61950E7C5", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 2302", "legal-doc": "usc", "parsable-cite": "usc/20/2302" } ] }, { "text": "4. Report to Congress \nNot later than 1 year after funds are made available to carry out sections 21A and 27 of the Richard B. Russell National School Lunch Act (as added by this Act), and annually thereafter, the Secretary of Agriculture shall submit to Congress a report on the progress of the Secretary in implementing such sections.", "id": "H287A07F1D1284C22BF34AAF089BFF9B2", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "5. Study and report to Congress on the use of State administrative expense funds \n(a) Study \nThe Secretary of Agriculture shall conduct a study on— (1) the use of State administrative expense funds by State agencies; (2) innovative, effective, replicable, model policies, practices, and training methods that may be implemented using State administrative expense funds; (3) factors that interfere with the ability of State agencies to use State administrative expense funds effectively; and (4) how State administrative expense funds may be used to encourage the implementation of effective and consistent school nutrition workforce training, with particular emphasis on training and technical assistance to improve the implementation of nutrition standards for all foods sold in schools including— (A) nutrition standards for foods sold in schools other than foods provided under the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act; (B) local school wellness policies; (C) professional standards for school nutrition professionals; and (D) other school food service practices, standards, and operational requirements as the Secretary may identify as requiring additional assistance. (b) Development and use of assessment tool \n(1) In General \nThe Secretary of Agriculture shall develop an assessment tool for the purpose of carrying out the study under subsection (a). Such tool shall include a general methodology for evaluating effectiveness of State agencies in providing training and technical assistance using State administrative expense funds. (2) Coordination with other Entities \nIn developing the assessment tool under paragraph (1), the Secretary shall consider public research, stakeholder input, and direct feedback from school nutrition personnel. (c) Report to Congress \nNot later than 18 months after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing— (1) a summary of the study conducted under subsection (a); (2) any findings and recommendations resulting from such study; (3) a plan for disseminating to State agencies best practices on the use of State administrative expense funds for training and technical assistance; and (4) recommendations, if any, for the ongoing monitoring and improvement of training and technical assistance carried out by State agencies using State administrative expense funds. (d) Definitions \nIn this section: (1) State administrative expense funds \nThe term State administrative expense funds means the State administrative expense funds described in part 235 of title 7, Code of Federal Regulations (or any successor regulation). (2) State agency \nThe term State agency has the meaning given the term in section 235.2 of title 7, Code of Federal Regulations (or any successor regulation).", "id": "H3BE6411565F84506B989274BD20B2AF7", "header": "Study and report to Congress on the use of State administrative expense funds", "nested": [ { "text": "(a) Study \nThe Secretary of Agriculture shall conduct a study on— (1) the use of State administrative expense funds by State agencies; (2) innovative, effective, replicable, model policies, practices, and training methods that may be implemented using State administrative expense funds; (3) factors that interfere with the ability of State agencies to use State administrative expense funds effectively; and (4) how State administrative expense funds may be used to encourage the implementation of effective and consistent school nutrition workforce training, with particular emphasis on training and technical assistance to improve the implementation of nutrition standards for all foods sold in schools including— (A) nutrition standards for foods sold in schools other than foods provided under the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act; (B) local school wellness policies; (C) professional standards for school nutrition professionals; and (D) other school food service practices, standards, and operational requirements as the Secretary may identify as requiring additional assistance.", "id": "HCB9ED34EAD1544DFB4FCD4C36E064E05", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Development and use of assessment tool \n(1) In General \nThe Secretary of Agriculture shall develop an assessment tool for the purpose of carrying out the study under subsection (a). Such tool shall include a general methodology for evaluating effectiveness of State agencies in providing training and technical assistance using State administrative expense funds. (2) Coordination with other Entities \nIn developing the assessment tool under paragraph (1), the Secretary shall consider public research, stakeholder input, and direct feedback from school nutrition personnel.", "id": "H376B5A5E8C3346568291CAFA86267511", "header": "Development and use of assessment tool", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nNot later than 18 months after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing— (1) a summary of the study conducted under subsection (a); (2) any findings and recommendations resulting from such study; (3) a plan for disseminating to State agencies best practices on the use of State administrative expense funds for training and technical assistance; and (4) recommendations, if any, for the ongoing monitoring and improvement of training and technical assistance carried out by State agencies using State administrative expense funds.", "id": "H02D3F8071AD640A7A118D39E971D18BD", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) State administrative expense funds \nThe term State administrative expense funds means the State administrative expense funds described in part 235 of title 7, Code of Federal Regulations (or any successor regulation). (2) State agency \nThe term State agency has the meaning given the term in section 235.2 of title 7, Code of Federal Regulations (or any successor regulation).", "id": "H60C3CB88C5A04C38A6B6C9A1C5E8190F", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Offset \nOf the unobligated balance available for administrative expenses of the Department of Education, $45,000,000 is rescinded.", "id": "H027A84B8A4DD42FE9A486258620FFCF9", "header": "Offset", "nested": [], "links": [] } ]
8
1. Short title This Act may be cited as the School Food Modernization Act. 2. Loan guarantees and grants to finance certain improvements to school lunch facilities The Richard B. Russell National School Lunch Act is amended by inserting after section 26 ( 42 U.S.C. 1769g ) the following: 27. Loan guarantees and grants to finance certain improvements to school lunch facilities (a) Definitions In this section: (1) Durable equipment The term durable equipment means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. (2) Eligible entity The term eligible entity means— (A) a local educational agency or a school food authority administering or operating a school meal program; (B) a tribal organization; or (C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. (3) Infrastructure The term infrastructure means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. (4) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) School food authority The term school food authority has the meaning given the term in section 210.2 of title 7, Code of Federal Regulations (or any successor regulation). (6) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (b) Loan guarantees for assistance to schools for infrastructure improvements and durable equipment necessary To provide healthy meals through school meal programs (1) Authority to guarantee loans The Secretary shall issue a loan guarantee to an eligible lender for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist the eligible entity in providing healthy meals through a school meal program authorized under this Act. (2) Preferences In issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Oversight The Secretary, acting through the Under Secretary for Rural Development, shall establish procedures to oversee any project or purchase for which a loan guarantee is issued under this subsection. (4) Guarantee amount A loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. (5) Fees and costs (A) In general The Secretary shall establish fees for loan guarantees under this subsection that are, to the maximum extent practicable, equal to all costs of the loan guarantees as determined under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), as determined by the Secretary. (B) Fee shortfall To the extent that the Secretary determines that fees described in subparagraph (A) are not sufficient to pay for all of the costs for the loan guarantees pursuant to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), the Secretary may use funds described in paragraph (6) to pay for the costs of loan guarantees not paid for by the fees. (6) Funding (A) In general To provide loan guarantees under this subsection, the Secretary shall reserve $300,000,000 of the loan guarantee authority remaining and unobligated as of the date of enactment of the School Food Modernization Act under the program of community facility guaranteed loans under section 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) ). (B) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. (c) Equipment grants (1) Authority to make grants Beginning in fiscal year 2024 and subject to the availability of appropriations, provide grants to State agencies for competitive subgrants to local educational agencies and schools (tribes) to purchase the equipment needed to serve healthy meals, improve food safety, and to help support the establishment, maintenance and expansion of the school. (2) Preferences In issuing a grant under this subsection, the State agency shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the State agency determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Authorization of appropriations (A) In general There are authorized to be appropriated $35,000,000 as may be necessary to carry out this subsection for each of fiscal years 2024 through 2029. (B) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.. 27. Loan guarantees and grants to finance certain improvements to school lunch facilities (a) Definitions In this section: (1) Durable equipment The term durable equipment means durable food preparation, handling, cooking, serving, and storage equipment greater than $500 in value. (2) Eligible entity The term eligible entity means— (A) a local educational agency or a school food authority administering or operating a school meal program; (B) a tribal organization; or (C) a consortium that includes a local educational agency or school food authority described in subparagraph (A), a tribal organization, or both. (3) Infrastructure The term infrastructure means a food storage facility, kitchen, food service facility, cafeteria, dining room, or food preparation facility. (4) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (5) School food authority The term school food authority has the meaning given the term in section 210.2 of title 7, Code of Federal Regulations (or any successor regulation). (6) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (b) Loan guarantees for assistance to schools for infrastructure improvements and durable equipment necessary To provide healthy meals through school meal programs (1) Authority to guarantee loans The Secretary shall issue a loan guarantee to an eligible lender for purposes of financing the construction, remodeling, or expansion of infrastructure or the purchase of durable equipment that the Secretary determines will assist the eligible entity in providing healthy meals through a school meal program authorized under this Act. (2) Preferences In issuing a loan guarantee under this subsection, the Secretary shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the Secretary determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Oversight The Secretary, acting through the Under Secretary for Rural Development, shall establish procedures to oversee any project or purchase for which a loan guarantee is issued under this subsection. (4) Guarantee amount A loan guarantee issued under this subsection may not guarantee more than 80 percent of the principal amount of the loan. (5) Fees and costs (A) In general The Secretary shall establish fees for loan guarantees under this subsection that are, to the maximum extent practicable, equal to all costs of the loan guarantees as determined under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), as determined by the Secretary. (B) Fee shortfall To the extent that the Secretary determines that fees described in subparagraph (A) are not sufficient to pay for all of the costs for the loan guarantees pursuant to the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), the Secretary may use funds described in paragraph (6) to pay for the costs of loan guarantees not paid for by the fees. (6) Funding (A) In general To provide loan guarantees under this subsection, the Secretary shall reserve $300,000,000 of the loan guarantee authority remaining and unobligated as of the date of enactment of the School Food Modernization Act under the program of community facility guaranteed loans under section 306(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926(a) ). (B) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. (c) Equipment grants (1) Authority to make grants Beginning in fiscal year 2024 and subject to the availability of appropriations, provide grants to State agencies for competitive subgrants to local educational agencies and schools (tribes) to purchase the equipment needed to serve healthy meals, improve food safety, and to help support the establishment, maintenance and expansion of the school. (2) Preferences In issuing a grant under this subsection, the State agency shall give a preference to an eligible entity that, as compared with other eligible entities seeking a loan guarantee under this subsection, the State agency determines demonstrates substantial or disproportionate— (A) need for infrastructure improvement; or (B) durable equipment need or impairment. (3) Authorization of appropriations (A) In general There are authorized to be appropriated $35,000,000 as may be necessary to carry out this subsection for each of fiscal years 2024 through 2029. (B) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this subsection for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. 3. Training and technical assistance for school food service personnel The Richard B. Russell National School Lunch Act is amended by inserting after section 21 ( 42 U.S.C. 1769b–1 ) the following: 21A. Training and technical assistance for school food service personnel (a) In general The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet or exceed nutrition standards under section 4(b)(3) and improve efficacy and efficiency of the school lunch program under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (b) Eligible Third-Party Institutions Defined For purposes of this section, the term eligible third-party institution means— (1) a nonprofit organization with demonstrated experience in food or nutrition services training and technical assistance; (2) an institution of higher education as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); (3) an area career and technical education school as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); or (4) a consortium of entities described in paragraphs (1), (2), and (3). (c) Criteria for eligible third-Party institutions The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include— (1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; (2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and (4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel— (A) at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites; or (B) through an online training and assistance program on topics that do not require in-person attendance. (d) Program assistance The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable. (e) Federal share (1) In general The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. (2) Matching As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. (f) Oversight The Secretary shall establish procedures to enable the Secretary— (1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and (2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act. (g) Authorization of appropriations (1) In general There are authorized to be appropriated $10,000,000 to carry out this section for each of fiscal years 2024 through 2029. (2) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources.. 21A. Training and technical assistance for school food service personnel (a) In general The Secretary shall carry out a grant program under which the Secretary shall award grants, on a competitive basis, to provide support to eligible third-party training institutions described in subsection (b) to develop and administer training and technical assistance for school food service personnel to meet or exceed nutrition standards under section 4(b)(3) and improve efficacy and efficiency of the school lunch program under this Act and the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (b) Eligible Third-Party Institutions Defined For purposes of this section, the term eligible third-party institution means— (1) a nonprofit organization with demonstrated experience in food or nutrition services training and technical assistance; (2) an institution of higher education as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); (3) an area career and technical education school as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ); or (4) a consortium of entities described in paragraphs (1), (2), and (3). (c) Criteria for eligible third-Party institutions The Secretary shall establish specific criteria that eligible third-party training institutions shall meet to qualify to receive grants under this section, which shall include— (1) a demonstrated capacity to administer effective training and technical assistance programming to school food service personnel; (2) prior, successful experience in providing or engaging in training and technical assistance programming or applied research activities involving eligible entities, school food service administrators, or directors; (3) prior, successful experience in developing relevant educational training tools or course materials or curricula on topics addressing child and school nutrition or the updated nutrition standards under section 4(b)(3); and (4) the ability to deliver effective and cost-efficient training and technical assistance programming to school food service personnel— (A) at training sites that are located within a proximate geographic distance to schools, central kitchens, or other worksites; or (B) through an online training and assistance program on topics that do not require in-person attendance. (d) Program assistance The Secretary shall assist the institutions receiving grants under this section in publicizing and disseminating training and other project materials and online tools to the maximum extent practicable. (e) Federal share (1) In general The Federal share of costs for training and technical assistance funded through a grant awarded under this section shall not exceed 80 percent of the total cost of the training and technical assistance. (2) Matching As a condition of receiving a grant under this section, the eligible third-party training institution shall provide matching support in the form of cash or in-kind contributions. (f) Oversight The Secretary shall establish procedures to enable the Secretary— (1) to oversee the administration and operation of training and technical assistance funded through grants awarded under this section; and (2) to ensure that the training and assistance is operated consistent with the goals and requirements of this Act. (g) Authorization of appropriations (1) In general There are authorized to be appropriated $10,000,000 to carry out this section for each of fiscal years 2024 through 2029. (2) Technical assistance The Secretary may use not more than 5 percent of the amount made available to carry out this section for each fiscal year to provide technical assistance to applicants and prospective applicants in preparing applications and creating financing packages that leverage a mix of public and private funding sources. 4. Report to Congress Not later than 1 year after funds are made available to carry out sections 21A and 27 of the Richard B. Russell National School Lunch Act (as added by this Act), and annually thereafter, the Secretary of Agriculture shall submit to Congress a report on the progress of the Secretary in implementing such sections. 5. Study and report to Congress on the use of State administrative expense funds (a) Study The Secretary of Agriculture shall conduct a study on— (1) the use of State administrative expense funds by State agencies; (2) innovative, effective, replicable, model policies, practices, and training methods that may be implemented using State administrative expense funds; (3) factors that interfere with the ability of State agencies to use State administrative expense funds effectively; and (4) how State administrative expense funds may be used to encourage the implementation of effective and consistent school nutrition workforce training, with particular emphasis on training and technical assistance to improve the implementation of nutrition standards for all foods sold in schools including— (A) nutrition standards for foods sold in schools other than foods provided under the Child Nutrition Act of 1966 and the Richard B. Russell National School Lunch Act; (B) local school wellness policies; (C) professional standards for school nutrition professionals; and (D) other school food service practices, standards, and operational requirements as the Secretary may identify as requiring additional assistance. (b) Development and use of assessment tool (1) In General The Secretary of Agriculture shall develop an assessment tool for the purpose of carrying out the study under subsection (a). Such tool shall include a general methodology for evaluating effectiveness of State agencies in providing training and technical assistance using State administrative expense funds. (2) Coordination with other Entities In developing the assessment tool under paragraph (1), the Secretary shall consider public research, stakeholder input, and direct feedback from school nutrition personnel. (c) Report to Congress Not later than 18 months after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing— (1) a summary of the study conducted under subsection (a); (2) any findings and recommendations resulting from such study; (3) a plan for disseminating to State agencies best practices on the use of State administrative expense funds for training and technical assistance; and (4) recommendations, if any, for the ongoing monitoring and improvement of training and technical assistance carried out by State agencies using State administrative expense funds. (d) Definitions In this section: (1) State administrative expense funds The term State administrative expense funds means the State administrative expense funds described in part 235 of title 7, Code of Federal Regulations (or any successor regulation). (2) State agency The term State agency has the meaning given the term in section 235.2 of title 7, Code of Federal Regulations (or any successor regulation). 6. Offset Of the unobligated balance available for administrative expenses of the Department of Education, $45,000,000 is rescinded.
22,453
[ "Agriculture Committee", "Appropriations Committee", "Education and the Workforce Committee" ]
118hr5182ih
118
hr
5,182
ih
To modernize online child protection laws.
[ { "text": "1. Short title \nThis Act may be cited as the Child Online Safety Modernization Act of 2023.", "id": "HE60BCFCD4EEB432BB93ED403A1F9112D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modernizing the Cybertipline \n(a) In general \nChapter 110 of title 18, United States Code, is amended— (1) in section 2258A, as amended by section 6(b) of this Act— (A) in subsection (a)— (i) in paragraph (1)(B)(ii), by inserting after facts or circumstances the following: , including any available facts or circumstances sufficient to identify and locate each minor and each involved individual, ; and (ii) in paragraph (2)(A)— (I) by inserting 1591 (if the violation involves a minor), before 2251, ; and (II) by striking or 2260 and inserting 2260, or 2422(b) ; (B) in subsection (b)— (i) in paragraph (1)— (I) by inserting or location after identity ; and (II) by striking other identifying information, and inserting other information which may identify or locate the involved individual, ; (ii) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (iii) by inserting after paragraph (1) the following: (2) Information about the involved minor \nInformation relating to the identity or location of any involved minor, which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, or any other information which may identify or locate any involved minor, including self-reported identifying information. ; and (iv) by adding at the end the following: (7) Formatting of reports \nWhen in its discretion a provider voluntarily includes any content described in this subsection in a report to the CyberTipline, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline. ; and (C) in subsection (d)(5)(B)— (i) in clause (i), by striking forwarded and inserting made available ; and (ii) in clause (ii), by striking forwarded and inserting made available ; (2) in section 2258B— (A) in subsection (a)— (i) by striking arising from the performance and inserting the following: , may not be brought in any Federal or State court if the claim or charge is directly attributable to— (1) the performance ; (ii) in paragraph (1), as so designated, by striking may not be brought in any Federal or State court. and inserting a semicolon; and (iii) by adding at the end the following: (2) transmitting, distributing, or mailing child sexual abuse material to any Federal, State, or local law enforcement agency, or giving such agency access to child sexual abuse material, in response to a search warrant, court order, or other legal process issued by such agency; or (3) research voluntarily undertaken by the provider or domain name registrar using any material being preserved under section 2258A(h), if the research is only for the purpose of— (A) improving or facilitating reporting under this section, section 2258A, or section 2258C; or (B) stopping the online sexual exploitation of children. ; and (B) in subsection (b)(2)(C)— (i) by striking the performance of ; (ii) by inserting described in or performed after function ; and (iii) by striking this section, sections and inserting this section or section ; and (3) in section 2258C, as amended by section 6(b) of this Act— (A) in the section heading, by striking the CyberTipline and inserting NCMEC ; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking NCMEC and inserting the following: (A) Provision to providers \nNCMEC ; (II) in subparagraph (A), as so designated, by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: (B) Provision to non-profit entities \nNCMEC may provide hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children. ; and (ii) in paragraph (2)— (I) by inserting (A) after (1) ; (II) by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: The elements authorized under paragraph (1)(B) shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ). ; and (C) in subsection (d), by inserting or to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline. (b) Technical and conforming amendment \nThe table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258C (as amended by section 6(c)(1)(B) of this Act) and inserting the following: “2258C. Use of technical elements from reports made to NCMEC to combat child sexual abuse material.”.", "id": "H96CC90BE6E7E4E38AC2C0C5ABCBBEECA", "header": "Modernizing the Cybertipline", "nested": [ { "text": "(a) In general \nChapter 110 of title 18, United States Code, is amended— (1) in section 2258A, as amended by section 6(b) of this Act— (A) in subsection (a)— (i) in paragraph (1)(B)(ii), by inserting after facts or circumstances the following: , including any available facts or circumstances sufficient to identify and locate each minor and each involved individual, ; and (ii) in paragraph (2)(A)— (I) by inserting 1591 (if the violation involves a minor), before 2251, ; and (II) by striking or 2260 and inserting 2260, or 2422(b) ; (B) in subsection (b)— (i) in paragraph (1)— (I) by inserting or location after identity ; and (II) by striking other identifying information, and inserting other information which may identify or locate the involved individual, ; (ii) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (iii) by inserting after paragraph (1) the following: (2) Information about the involved minor \nInformation relating to the identity or location of any involved minor, which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, or any other information which may identify or locate any involved minor, including self-reported identifying information. ; and (iv) by adding at the end the following: (7) Formatting of reports \nWhen in its discretion a provider voluntarily includes any content described in this subsection in a report to the CyberTipline, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline. ; and (C) in subsection (d)(5)(B)— (i) in clause (i), by striking forwarded and inserting made available ; and (ii) in clause (ii), by striking forwarded and inserting made available ; (2) in section 2258B— (A) in subsection (a)— (i) by striking arising from the performance and inserting the following: , may not be brought in any Federal or State court if the claim or charge is directly attributable to— (1) the performance ; (ii) in paragraph (1), as so designated, by striking may not be brought in any Federal or State court. and inserting a semicolon; and (iii) by adding at the end the following: (2) transmitting, distributing, or mailing child sexual abuse material to any Federal, State, or local law enforcement agency, or giving such agency access to child sexual abuse material, in response to a search warrant, court order, or other legal process issued by such agency; or (3) research voluntarily undertaken by the provider or domain name registrar using any material being preserved under section 2258A(h), if the research is only for the purpose of— (A) improving or facilitating reporting under this section, section 2258A, or section 2258C; or (B) stopping the online sexual exploitation of children. ; and (B) in subsection (b)(2)(C)— (i) by striking the performance of ; (ii) by inserting described in or performed after function ; and (iii) by striking this section, sections and inserting this section or section ; and (3) in section 2258C, as amended by section 6(b) of this Act— (A) in the section heading, by striking the CyberTipline and inserting NCMEC ; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking NCMEC and inserting the following: (A) Provision to providers \nNCMEC ; (II) in subparagraph (A), as so designated, by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: (B) Provision to non-profit entities \nNCMEC may provide hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children. ; and (ii) in paragraph (2)— (I) by inserting (A) after (1) ; (II) by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: The elements authorized under paragraph (1)(B) shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ). ; and (C) in subsection (d), by inserting or to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline.", "id": "HFB3691AA6DAB45149D4E3A3013B59568", "header": "In general", "nested": [], "links": [ { "text": "Chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" } ] }, { "text": "(b) Technical and conforming amendment \nThe table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258C (as amended by section 6(c)(1)(B) of this Act) and inserting the following: “2258C. Use of technical elements from reports made to NCMEC to combat child sexual abuse material.”.", "id": "HE0E7B1D488644C12A87AA243197F18C0", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" } ] } ], "links": [ { "text": "Chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" } ] }, { "text": "3. Eliminating network distribution of child exploitation \nSection 2258A(h) of title 18, United States Code, is amended— (1) in paragraph (1), by striking 90 days and inserting 1 year ; and (2) by adding at the end the following: (5) Extension of preservation \nA provider of a report to the CyberTipline may voluntarily preserve the contents provided in the report (including any comingled content described in paragraph (2)) for longer than 1 year after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children..", "id": "H4667406FF10045658E0F989CC4AA6AE0", "header": "Eliminating network distribution of child exploitation", "nested": [], "links": [] }, { "text": "4. Use of term child sexual abuse material \n(a) Sense of Congress \nIt is the sense of Congress that the term child sexual abuse material has the same legal meaning as the term child pornography , as that term was used in Federal statutes and case law before the date of enactment of this Act. (b) Amendments \n(1) Title 5, United States Code \nChapter 65 of title 5, United States Code, is amended— (A) in section 6502(a)(2)(B), by striking child pornography and inserting child sexual abuse material ; and (B) in section 6504(c)(2)(F), by striking child pornography and inserting child sexual abuse material. (2) Homeland Security Act of 2002 \nThe Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— (A) in section 307(b)(3)(D) ( 6 U.S.C. 187(b)(3)(D) ), by striking child pornography and inserting child sexual abuse material ; and (B) in section 890A ( 6 U.S.C. 473 )— (i) in subsection (b)(2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (ii) in subsection (e)(3)(B)(ii), by striking child pornography and inserting child sexual abuse material. (3) Immigration and Nationality Act \nSection 101(a)(43)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43)(I) ) is amended by striking child pornography and inserting child sexual abuse material. (4) Small Business Jobs Act of 2010 \nSection 3011(c) of the Small Business Jobs Act of 2010 ( 12 U.S.C. 5710(c) ) is amended by striking child pornography and inserting child sexual abuse material. (5) Broadband Data Improvement Act \nSection 214(a)(2) of the Broadband Data Improvement Act ( 15 U.S.C. 6554(a)(2) ) is amended by striking child pornography and inserting child sexual abuse material. (6) CAN–SPAM Act of 2003 \nSection 4(b)(2)(B) of the CAN–SPAM Act of 2003 ( 15 U.S.C. 7703(b)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material. (7) Title 18, United States Code \nTitle 18, United States Code, is amended— (A) in section 1956(c)(7)(D), by striking child pornography each place the term appears and inserting child sexual abuse material ; (B) in chapter 110— (i) in section 2251(e), by striking child pornography and inserting child sexual abuse material ; (ii) in section 2252(b)— (I) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and (II) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; (iii) in section 2252A— (I) in the section heading, by striking material constituting or containing child pornography and inserting child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; (bb) in paragraph (2)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (BB) in subparagraph (B), by striking material that contains child pornography and inserting child sexual abuse material ; (cc) in paragraph (3)(A), by striking child pornography and inserting child sexual abuse material ; (dd) in paragraph (4)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (BB) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (ee) in paragraph (5)— (AA) in subparagraph (A), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material ; and (BB) in subparagraph (B), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material ; and (ff) in paragraph (7)— (AA) by striking child pornography and inserting child sexual abuse material ; and (BB) by striking the period at the end and inserting a comma; (III) in subsection (b)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (2), by striking child pornography each place the term appears and inserting child sexual abuse material ; (IV) in subsection (c)— (aa) in paragraph (1)(A), by striking child pornography and inserting child sexual abuse material ; (bb) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (cc) in the undesignated matter following paragraph (2), by striking child pornography and inserting child sexual abuse material ; (V) in subsection (d)(1), by striking child pornography and inserting child sexual abuse material ; and (VI) in subsection (e), by striking child pornography each place the term appears and inserting child sexual abuse material ; (iv) in section 2256(8)— (I) by striking child pornography and inserting child sexual abuse material ; and (II) by striking the period at the end and inserting a semicolon; (v) in section 2257A(h)— (I) in paragraph (1)(A)(iii)— (aa) by inserting a comma after marketed ; (bb) by striking such than and inserting such that ; and (cc) by striking a visual depiction that is child pornography and inserting child sexual abuse material ; and (II) in paragraph (2), by striking any visual depiction that is child pornography and inserting child sexual abuse material ; (vi) in section 2258A— (I) in subsection (a)(2)— (aa) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (II) in subsection (b)— (aa) in paragraph (4)— (AA) in the paragraph heading, by striking Visual depictions of apparent child pornography and inserting Apparent child sexual abuse material ; and (BB) by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material ; and (bb) in paragraph (5), by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material ; and (III) in subsection (g)(2)(B), by striking visual depictions of apparent child pornography and inserting apparent child sexual abuse material ; (vii) in section 2258C— (I) in the section heading, by striking Use to combat child pornography of technical elements relating to reports made to the CyberTipline and inserting Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (3), by striking the actual visual depictions of apparent child pornography and inserting any apparent child sexual abuse material ; (III) in subsection (d), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; and (IV) in subsection (e), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; (viii) in section 2259— (I) in paragraph (b)(2)— (aa) in the paragraph heading, by striking child pornography and inserting child sexual abuse material ; (bb) in the matter preceding subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (cc) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; (II) in subsection (c)— (aa) in paragraph (1)— (AA) in the paragraph heading, by striking Child pornography production and inserting Production of child sexual abuse material ; (BB) by striking child pornography production and inserting production of child sexual abuse material ; and (CC) by striking production of child pornography and inserting production of child sexual abuse material ; (bb) in paragraph (2), in the matter preceding subparagraph (A), by striking trafficking in child pornography offenses each place the term appears and inserting offenses for trafficking in child sexual abuse material ; and (cc) in paragraph (3)— (AA) in the paragraph heading, by striking child pornography and inserting child sexual abuse material ; and (BB) by striking child pornography and inserting child sexual abuse material ; and (III) in subsection (d)(1)— (aa) in subparagraph (A)— (AA) by striking child pornography each place the term appears and inserting child sexual abuse material ; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; and (cc) in subparagraph (C)— (AA) by striking child pornography and inserting child sexual abuse material ; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (ix) in section 2259A— (I) in the section heading, by striking child pornography cases and inserting cases involving child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (3), by striking a child pornography production offense and inserting an offense for production of child sexual abuse material ; and (III) in subsection (d)(2)(B), by striking child pornography production or trafficking offense that the defendant committed and inserting offense for production of child sexual abuse material or trafficking in child sexual abuse material committed by the defendant ; and (x) in section 2259B— (I) in the section heading, by striking Child pornography victims reserve and inserting Reserve for child sexual abuse material ; (II) in subsection (a), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material ; (III) in subsection (b), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material ; and (IV) in subsection (c), by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (C) in chapter 117— (i) in section 2423(f)(3), by striking child pornography and inserting child sexual abuse material ; and (ii) in section 2427— (I) in the section heading, by striking child pornography and inserting child sexual abuse material ; and (II) by striking child pornography and inserting child sexual abuse material ; (D) in section 2516— (i) in paragraph (1)(c), by striking material constituting or containing child pornography and inserting child sexual abuse material ; and (ii) in paragraph (2), by striking child pornography production and inserting production of child sexual abuse material ; (E) in section 3014(h)(3), by striking child pornography victims and inserting victims of child sexual abuse material ; (F) in section 3509— (i) in subsection (a)(6), by striking child pornography and inserting child sexual abuse material ; and (ii) in subsection (m)— (I) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material ; (II) in paragraph (1), by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material, ; (III) in paragraph (2)— (aa) in subparagraph (A)— (AA) by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material, ; and (BB) by striking the property or material and inserting the child sexual abuse material, property, or items ; and (bb) in subparagraph (B), by striking property or material each place the term appears and inserting child sexual abuse material, property, or items ; and (IV) in paragraph (3)— (aa) by striking property or material that constitutes child pornography, as defined under section 2256(8) and inserting child sexual abuse material (as defined by section 2256 of this title) ; (bb) by striking such child pornography and inserting such child sexual abuse material ; and (cc) by striking Such property or material and inserting Such child sexual abuse material ; and (G) in section 3632(d)(4)(D)(xlii), by striking material constituting or containing child pornography and inserting child sexual abuse material. (8) Tariff Act of 1930 \nSection 583(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1583(a)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material. (9) Elementary and Secondary Education Act of 1965 \nSection 4121 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7131 ) is amended— (A) in subsection (a)— (i) in paragraph (1)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (ii) in paragraph (2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (B) in subsection (e)(5)— (i) in the paragraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (ii) by striking child pornography and inserting child sexual abuse material. (10) Museum and Library Services Act \nSection 224(f) of the Museum and Library Services Act ( 20 U.S.C. 9134(f) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (ii) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (B) in paragraph (7)(A)— (i) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (ii) by striking child pornography and inserting child sexual abuse material. (11) Omnibus Crime Control and Safe Streets Act of 1968 \nSection 3031(b)(3) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10721(b)(3) ) is amended by striking child pornography and inserting child sexual abuse material. (12) Juvenile Justice and Delinquency Prevention Act of 1974 \nSection 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K) ) is amended— (A) in clause (i)(I)(aa), by striking child pornography and inserting child sexual abuse material ; and (B) in clause (ii), by striking child pornography and inserting child sexual abuse material. (13) Victims of Crime Act of 1984 \nSection 1402(d)(6)(A) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101(d)(6)(A) ) is amended by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material. (14) Victims of Child Abuse Act of 1990 \nThe Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20301 et seq. ) is amended— (A) in section 212(4) ( 34 U.S.C. 20302(4) ), by striking child pornography and inserting child sexual abuse material ; (B) in section 214(b) ( 34 U.S.C. 20304(b) )— (i) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material ; and (ii) by striking child pornography and inserting child sexual abuse material ; and (C) in section 226(c)(6) ( 34 U.S.C. 20341(c)(6) ), by striking child pornography and inserting child sexual abuse material. (15) Sex Offender Registration and Notification Act \nSection 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 ) is amended— (A) in paragraph (3)(B)(iii), by striking child pornography and inserting child sexual abuse material ; and (B) in paragraph (7)(G), by striking child pornography and inserting child sexual abuse material. (16) Adam Walsh Child Protection and Safety Act of 2006 \nSection 143(b)(3) of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20942(b)(3) ) is amended by striking child pornography and enticement cases and inserting cases involving child sexual abuse material and enticement of children. (17) PROTECT Our Children Act of 2008 \nThe PROTECT Our Children Act of 2008 ( 34 U.S.C. 21101 et seq. ) is amended— (A) in section 101(c) ( 34 U.S.C. 21111(c) )— (i) in paragraph (16)— (I) in the matter preceding subparagraph (A), by striking child pornography trafficking and inserting trafficking in child sexual abuse material ; (II) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; (III) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (IV) in subparagraph (C), by striking child pornography and inserting child sexual abuse material ; and (V) in subparagraph (D), by striking child pornography and inserting child sexual abuse material ; and (ii) in paragraph (17)(A), by striking child pornography and inserting child sexual abuse material ; and (B) in section 105(e)(1)(C) ( 34 U.S.C. 21115(e)(1)(C) ), by striking child pornography trafficking and inserting trafficking in child sexual abuse material. (18) Social Security Act \nSection 471(a)(20)(A)(i) of the Social Security Act ( 42 U.S.C. 671(a)(20)(A)(i) ) is amended by striking child pornography and inserting offenses involving child sexual abuse material. (19) Privacy Protection Act of 1980 \nSection 101 of the Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa ) is amended— (A) in subsection (a)(1), by striking child pornography and inserting child sexual abuse material ; and (B) in subsection (b)(1), by striking child pornography and inserting child sexual abuse material. (20) Child Care and Development Block Grant Act of 1990 \nSection 658H(c)(1) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(c)(1) ) is amended— (A) in subparagraph (D)(iii), by striking child pornography and inserting offenses relating to child sexual abuse material ; and (B) in subparagraph (E), by striking child pornography and inserting child sexual abuse material. (21) Communications Act of 1934 \nTitle II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. ) is amended— (A) in section 223 ( 47 U.S.C. 223 )— (i) in subsection (a)(1)— (I) in subparagraph (A), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and (II) in subparagraph (B), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and (ii) in subsection (d)(1), in the undesignated matter following subparagraph (B), by striking child pornography and inserting that constitutes child sexual abuse material ; and (B) in section 254(h) ( 47 U.S.C. 254(h) )— (i) in paragraph (5)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material ; (ii) in paragraph (6)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (iii) in paragraph (7)(F)— (I) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (II) by striking child pornography and inserting child sexual abuse material. (c) Table of sections amendments \n(1) Chapter 110 of title 18 \nThe table of sections for chapter 110 of title 18, United States Code, is amended— (A) by striking the item relating to section 2252A and inserting the following: 2252A. Certain activities relating to child sexual abuse material. ; (B) by striking the item relating to section 2258C and inserting the following: 2258C. Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material. ; (C) by striking the item relating to section 2259A and inserting the following: 2259A. Assessments in cases involving child sexual abuse material. ; and (D) by striking the item relating to section 2259B and inserting the following: 2259B. Reserve for victims of child sexual abuse material.. (2) Chapter 117 of title 18 \nThe table of sections for chapter 117 of title 18, United States Code, is amended by striking the item relating to section 2427 and inserting the following: 2427. Inclusion of offenses relating to child sexual abuse material in definition of sexual activity for which any person can be charged with a criminal offense.. (d) Amendment to the Federal sentencing guidelines \nPursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal sentencing guidelines, including application notes, to replace the terms child pornography and child pornographic material with child sexual abuse material. (e) Effective date \nThe amendments made by this section to title 18, United States Code, shall apply to conduct that occurred before, on, or after the date of enactment of this Act.", "id": "H914C6E96B2CE415B91BDACAFCEBF688F", "header": "Use of term child sexual abuse material", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the term child sexual abuse material has the same legal meaning as the term child pornography , as that term was used in Federal statutes and case law before the date of enactment of this Act.", "id": "H348F0FABB8D842D7B6BFA8D46ABDD842", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Amendments \n(1) Title 5, United States Code \nChapter 65 of title 5, United States Code, is amended— (A) in section 6502(a)(2)(B), by striking child pornography and inserting child sexual abuse material ; and (B) in section 6504(c)(2)(F), by striking child pornography and inserting child sexual abuse material. (2) Homeland Security Act of 2002 \nThe Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— (A) in section 307(b)(3)(D) ( 6 U.S.C. 187(b)(3)(D) ), by striking child pornography and inserting child sexual abuse material ; and (B) in section 890A ( 6 U.S.C. 473 )— (i) in subsection (b)(2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (ii) in subsection (e)(3)(B)(ii), by striking child pornography and inserting child sexual abuse material. (3) Immigration and Nationality Act \nSection 101(a)(43)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43)(I) ) is amended by striking child pornography and inserting child sexual abuse material. (4) Small Business Jobs Act of 2010 \nSection 3011(c) of the Small Business Jobs Act of 2010 ( 12 U.S.C. 5710(c) ) is amended by striking child pornography and inserting child sexual abuse material. (5) Broadband Data Improvement Act \nSection 214(a)(2) of the Broadband Data Improvement Act ( 15 U.S.C. 6554(a)(2) ) is amended by striking child pornography and inserting child sexual abuse material. (6) CAN–SPAM Act of 2003 \nSection 4(b)(2)(B) of the CAN–SPAM Act of 2003 ( 15 U.S.C. 7703(b)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material. (7) Title 18, United States Code \nTitle 18, United States Code, is amended— (A) in section 1956(c)(7)(D), by striking child pornography each place the term appears and inserting child sexual abuse material ; (B) in chapter 110— (i) in section 2251(e), by striking child pornography and inserting child sexual abuse material ; (ii) in section 2252(b)— (I) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and (II) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; (iii) in section 2252A— (I) in the section heading, by striking material constituting or containing child pornography and inserting child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; (bb) in paragraph (2)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (BB) in subparagraph (B), by striking material that contains child pornography and inserting child sexual abuse material ; (cc) in paragraph (3)(A), by striking child pornography and inserting child sexual abuse material ; (dd) in paragraph (4)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (BB) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (ee) in paragraph (5)— (AA) in subparagraph (A), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material ; and (BB) in subparagraph (B), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material ; and (ff) in paragraph (7)— (AA) by striking child pornography and inserting child sexual abuse material ; and (BB) by striking the period at the end and inserting a comma; (III) in subsection (b)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (2), by striking child pornography each place the term appears and inserting child sexual abuse material ; (IV) in subsection (c)— (aa) in paragraph (1)(A), by striking child pornography and inserting child sexual abuse material ; (bb) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (cc) in the undesignated matter following paragraph (2), by striking child pornography and inserting child sexual abuse material ; (V) in subsection (d)(1), by striking child pornography and inserting child sexual abuse material ; and (VI) in subsection (e), by striking child pornography each place the term appears and inserting child sexual abuse material ; (iv) in section 2256(8)— (I) by striking child pornography and inserting child sexual abuse material ; and (II) by striking the period at the end and inserting a semicolon; (v) in section 2257A(h)— (I) in paragraph (1)(A)(iii)— (aa) by inserting a comma after marketed ; (bb) by striking such than and inserting such that ; and (cc) by striking a visual depiction that is child pornography and inserting child sexual abuse material ; and (II) in paragraph (2), by striking any visual depiction that is child pornography and inserting child sexual abuse material ; (vi) in section 2258A— (I) in subsection (a)(2)— (aa) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (II) in subsection (b)— (aa) in paragraph (4)— (AA) in the paragraph heading, by striking Visual depictions of apparent child pornography and inserting Apparent child sexual abuse material ; and (BB) by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material ; and (bb) in paragraph (5), by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material ; and (III) in subsection (g)(2)(B), by striking visual depictions of apparent child pornography and inserting apparent child sexual abuse material ; (vii) in section 2258C— (I) in the section heading, by striking Use to combat child pornography of technical elements relating to reports made to the CyberTipline and inserting Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (3), by striking the actual visual depictions of apparent child pornography and inserting any apparent child sexual abuse material ; (III) in subsection (d), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; and (IV) in subsection (e), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; (viii) in section 2259— (I) in paragraph (b)(2)— (aa) in the paragraph heading, by striking child pornography and inserting child sexual abuse material ; (bb) in the matter preceding subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (cc) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; (II) in subsection (c)— (aa) in paragraph (1)— (AA) in the paragraph heading, by striking Child pornography production and inserting Production of child sexual abuse material ; (BB) by striking child pornography production and inserting production of child sexual abuse material ; and (CC) by striking production of child pornography and inserting production of child sexual abuse material ; (bb) in paragraph (2), in the matter preceding subparagraph (A), by striking trafficking in child pornography offenses each place the term appears and inserting offenses for trafficking in child sexual abuse material ; and (cc) in paragraph (3)— (AA) in the paragraph heading, by striking child pornography and inserting child sexual abuse material ; and (BB) by striking child pornography and inserting child sexual abuse material ; and (III) in subsection (d)(1)— (aa) in subparagraph (A)— (AA) by striking child pornography each place the term appears and inserting child sexual abuse material ; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; and (cc) in subparagraph (C)— (AA) by striking child pornography and inserting child sexual abuse material ; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (ix) in section 2259A— (I) in the section heading, by striking child pornography cases and inserting cases involving child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (3), by striking a child pornography production offense and inserting an offense for production of child sexual abuse material ; and (III) in subsection (d)(2)(B), by striking child pornography production or trafficking offense that the defendant committed and inserting offense for production of child sexual abuse material or trafficking in child sexual abuse material committed by the defendant ; and (x) in section 2259B— (I) in the section heading, by striking Child pornography victims reserve and inserting Reserve for child sexual abuse material ; (II) in subsection (a), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material ; (III) in subsection (b), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material ; and (IV) in subsection (c), by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (C) in chapter 117— (i) in section 2423(f)(3), by striking child pornography and inserting child sexual abuse material ; and (ii) in section 2427— (I) in the section heading, by striking child pornography and inserting child sexual abuse material ; and (II) by striking child pornography and inserting child sexual abuse material ; (D) in section 2516— (i) in paragraph (1)(c), by striking material constituting or containing child pornography and inserting child sexual abuse material ; and (ii) in paragraph (2), by striking child pornography production and inserting production of child sexual abuse material ; (E) in section 3014(h)(3), by striking child pornography victims and inserting victims of child sexual abuse material ; (F) in section 3509— (i) in subsection (a)(6), by striking child pornography and inserting child sexual abuse material ; and (ii) in subsection (m)— (I) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material ; (II) in paragraph (1), by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material, ; (III) in paragraph (2)— (aa) in subparagraph (A)— (AA) by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material, ; and (BB) by striking the property or material and inserting the child sexual abuse material, property, or items ; and (bb) in subparagraph (B), by striking property or material each place the term appears and inserting child sexual abuse material, property, or items ; and (IV) in paragraph (3)— (aa) by striking property or material that constitutes child pornography, as defined under section 2256(8) and inserting child sexual abuse material (as defined by section 2256 of this title) ; (bb) by striking such child pornography and inserting such child sexual abuse material ; and (cc) by striking Such property or material and inserting Such child sexual abuse material ; and (G) in section 3632(d)(4)(D)(xlii), by striking material constituting or containing child pornography and inserting child sexual abuse material. (8) Tariff Act of 1930 \nSection 583(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1583(a)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material. (9) Elementary and Secondary Education Act of 1965 \nSection 4121 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7131 ) is amended— (A) in subsection (a)— (i) in paragraph (1)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (ii) in paragraph (2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (B) in subsection (e)(5)— (i) in the paragraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (ii) by striking child pornography and inserting child sexual abuse material. (10) Museum and Library Services Act \nSection 224(f) of the Museum and Library Services Act ( 20 U.S.C. 9134(f) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (ii) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (B) in paragraph (7)(A)— (i) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (ii) by striking child pornography and inserting child sexual abuse material. (11) Omnibus Crime Control and Safe Streets Act of 1968 \nSection 3031(b)(3) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10721(b)(3) ) is amended by striking child pornography and inserting child sexual abuse material. (12) Juvenile Justice and Delinquency Prevention Act of 1974 \nSection 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K) ) is amended— (A) in clause (i)(I)(aa), by striking child pornography and inserting child sexual abuse material ; and (B) in clause (ii), by striking child pornography and inserting child sexual abuse material. (13) Victims of Crime Act of 1984 \nSection 1402(d)(6)(A) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101(d)(6)(A) ) is amended by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material. (14) Victims of Child Abuse Act of 1990 \nThe Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20301 et seq. ) is amended— (A) in section 212(4) ( 34 U.S.C. 20302(4) ), by striking child pornography and inserting child sexual abuse material ; (B) in section 214(b) ( 34 U.S.C. 20304(b) )— (i) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material ; and (ii) by striking child pornography and inserting child sexual abuse material ; and (C) in section 226(c)(6) ( 34 U.S.C. 20341(c)(6) ), by striking child pornography and inserting child sexual abuse material. (15) Sex Offender Registration and Notification Act \nSection 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 ) is amended— (A) in paragraph (3)(B)(iii), by striking child pornography and inserting child sexual abuse material ; and (B) in paragraph (7)(G), by striking child pornography and inserting child sexual abuse material. (16) Adam Walsh Child Protection and Safety Act of 2006 \nSection 143(b)(3) of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20942(b)(3) ) is amended by striking child pornography and enticement cases and inserting cases involving child sexual abuse material and enticement of children. (17) PROTECT Our Children Act of 2008 \nThe PROTECT Our Children Act of 2008 ( 34 U.S.C. 21101 et seq. ) is amended— (A) in section 101(c) ( 34 U.S.C. 21111(c) )— (i) in paragraph (16)— (I) in the matter preceding subparagraph (A), by striking child pornography trafficking and inserting trafficking in child sexual abuse material ; (II) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; (III) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (IV) in subparagraph (C), by striking child pornography and inserting child sexual abuse material ; and (V) in subparagraph (D), by striking child pornography and inserting child sexual abuse material ; and (ii) in paragraph (17)(A), by striking child pornography and inserting child sexual abuse material ; and (B) in section 105(e)(1)(C) ( 34 U.S.C. 21115(e)(1)(C) ), by striking child pornography trafficking and inserting trafficking in child sexual abuse material. (18) Social Security Act \nSection 471(a)(20)(A)(i) of the Social Security Act ( 42 U.S.C. 671(a)(20)(A)(i) ) is amended by striking child pornography and inserting offenses involving child sexual abuse material. (19) Privacy Protection Act of 1980 \nSection 101 of the Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa ) is amended— (A) in subsection (a)(1), by striking child pornography and inserting child sexual abuse material ; and (B) in subsection (b)(1), by striking child pornography and inserting child sexual abuse material. (20) Child Care and Development Block Grant Act of 1990 \nSection 658H(c)(1) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(c)(1) ) is amended— (A) in subparagraph (D)(iii), by striking child pornography and inserting offenses relating to child sexual abuse material ; and (B) in subparagraph (E), by striking child pornography and inserting child sexual abuse material. (21) Communications Act of 1934 \nTitle II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. ) is amended— (A) in section 223 ( 47 U.S.C. 223 )— (i) in subsection (a)(1)— (I) in subparagraph (A), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and (II) in subparagraph (B), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and (ii) in subsection (d)(1), in the undesignated matter following subparagraph (B), by striking child pornography and inserting that constitutes child sexual abuse material ; and (B) in section 254(h) ( 47 U.S.C. 254(h) )— (i) in paragraph (5)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material ; (ii) in paragraph (6)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (iii) in paragraph (7)(F)— (I) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (II) by striking child pornography and inserting child sexual abuse material.", "id": "HA49639F6F2514D4AB79DA3049BA97966", "header": "Amendments", "nested": [], "links": [ { "text": "Chapter 65", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/65" }, { "text": "6 U.S.C. 101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "6 U.S.C. 187(b)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/6/187" }, { "text": "6 U.S.C. 473", "legal-doc": "usc", "parsable-cite": "usc/6/473" }, { "text": "8 U.S.C. 1101(a)(43)(I)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "12 U.S.C. 5710(c)", "legal-doc": "usc", "parsable-cite": "usc/12/5710" }, { "text": "15 U.S.C. 6554(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/6554" }, { "text": "15 U.S.C. 7703(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/7703" }, { "text": "19 U.S.C. 1583(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/19/1583" }, { "text": "20 U.S.C. 7131", "legal-doc": "usc", "parsable-cite": "usc/20/7131" }, { "text": "20 U.S.C. 9134(f)", "legal-doc": "usc", "parsable-cite": "usc/20/9134" }, { "text": "34 U.S.C. 10721(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/34/10721" }, { "text": "34 U.S.C. 11293(b)(1)(K)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 20101(d)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/34/20101" }, { "text": "34 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/20301" }, { "text": "34 U.S.C. 20302(4)", "legal-doc": "usc", "parsable-cite": "usc/34/20302" }, { "text": "34 U.S.C. 20304(b)", "legal-doc": "usc", "parsable-cite": "usc/34/20304" }, { "text": "34 U.S.C. 20341(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20911", "legal-doc": "usc", "parsable-cite": "usc/34/20911" }, { "text": "34 U.S.C. 20942(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/34/20942" }, { "text": "34 U.S.C. 21101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/21101" }, { "text": "34 U.S.C. 21111(c)", "legal-doc": "usc", "parsable-cite": "usc/34/21111" }, { "text": "34 U.S.C. 21115(e)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/34/21115" }, { "text": "42 U.S.C. 671(a)(20)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/671" }, { "text": "42 U.S.C. 2000aa", "legal-doc": "usc", "parsable-cite": "usc/42/2000aa" }, { "text": "42 U.S.C. 9858f(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/9858f" }, { "text": "47 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/201" }, { "text": "47 U.S.C. 223", "legal-doc": "usc", "parsable-cite": "usc/47/223" }, { "text": "47 U.S.C. 254(h)", "legal-doc": "usc", "parsable-cite": "usc/47/254" } ] }, { "text": "(c) Table of sections amendments \n(1) Chapter 110 of title 18 \nThe table of sections for chapter 110 of title 18, United States Code, is amended— (A) by striking the item relating to section 2252A and inserting the following: 2252A. Certain activities relating to child sexual abuse material. ; (B) by striking the item relating to section 2258C and inserting the following: 2258C. Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material. ; (C) by striking the item relating to section 2259A and inserting the following: 2259A. Assessments in cases involving child sexual abuse material. ; and (D) by striking the item relating to section 2259B and inserting the following: 2259B. Reserve for victims of child sexual abuse material.. (2) Chapter 117 of title 18 \nThe table of sections for chapter 117 of title 18, United States Code, is amended by striking the item relating to section 2427 and inserting the following: 2427. Inclusion of offenses relating to child sexual abuse material in definition of sexual activity for which any person can be charged with a criminal offense..", "id": "HED4CAFE621794F4C8D3DE1224542344D", "header": "Table of sections amendments", "nested": [], "links": [ { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "chapter 117", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/117" } ] }, { "text": "(d) Amendment to the Federal sentencing guidelines \nPursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal sentencing guidelines, including application notes, to replace the terms child pornography and child pornographic material with child sexual abuse material.", "id": "HC175DA6EF3734B59BC9D3A6468C10C73", "header": "Amendment to the Federal sentencing guidelines", "nested": [], "links": [] }, { "text": "(e) Effective date \nThe amendments made by this section to title 18, United States Code, shall apply to conduct that occurred before, on, or after the date of enactment of this Act.", "id": "H58674D45CB974D77AA58B83F6C9C4858", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 65", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/65" }, { "text": "6 U.S.C. 101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "6 U.S.C. 187(b)(3)(D)", "legal-doc": "usc", "parsable-cite": "usc/6/187" }, { "text": "6 U.S.C. 473", "legal-doc": "usc", "parsable-cite": "usc/6/473" }, { "text": "8 U.S.C. 1101(a)(43)(I)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "12 U.S.C. 5710(c)", "legal-doc": "usc", "parsable-cite": "usc/12/5710" }, { "text": "15 U.S.C. 6554(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/15/6554" }, { "text": "15 U.S.C. 7703(b)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/7703" }, { "text": "19 U.S.C. 1583(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/19/1583" }, { "text": "20 U.S.C. 7131", "legal-doc": "usc", "parsable-cite": "usc/20/7131" }, { "text": "20 U.S.C. 9134(f)", "legal-doc": "usc", "parsable-cite": "usc/20/9134" }, { "text": "34 U.S.C. 10721(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/34/10721" }, { "text": "34 U.S.C. 11293(b)(1)(K)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 20101(d)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/34/20101" }, { "text": "34 U.S.C. 20301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/20301" }, { "text": "34 U.S.C. 20302(4)", "legal-doc": "usc", "parsable-cite": "usc/34/20302" }, { "text": "34 U.S.C. 20304(b)", "legal-doc": "usc", "parsable-cite": "usc/34/20304" }, { "text": "34 U.S.C. 20341(c)(6)", "legal-doc": "usc", "parsable-cite": "usc/34/20341" }, { "text": "34 U.S.C. 20911", "legal-doc": "usc", "parsable-cite": "usc/34/20911" }, { "text": "34 U.S.C. 20942(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/34/20942" }, { "text": "34 U.S.C. 21101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/21101" }, { "text": "34 U.S.C. 21111(c)", "legal-doc": "usc", "parsable-cite": "usc/34/21111" }, { "text": "34 U.S.C. 21115(e)(1)(C)", "legal-doc": "usc", "parsable-cite": "usc/34/21115" }, { "text": "42 U.S.C. 671(a)(20)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/42/671" }, { "text": "42 U.S.C. 2000aa", "legal-doc": "usc", "parsable-cite": "usc/42/2000aa" }, { "text": "42 U.S.C. 9858f(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/9858f" }, { "text": "47 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/201" }, { "text": "47 U.S.C. 223", "legal-doc": "usc", "parsable-cite": "usc/47/223" }, { "text": "47 U.S.C. 254(h)", "legal-doc": "usc", "parsable-cite": "usc/47/254" }, { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "chapter 117", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/117" } ] } ]
4
1. Short title This Act may be cited as the Child Online Safety Modernization Act of 2023. 2. Modernizing the Cybertipline (a) In general Chapter 110 of title 18, United States Code, is amended— (1) in section 2258A, as amended by section 6(b) of this Act— (A) in subsection (a)— (i) in paragraph (1)(B)(ii), by inserting after facts or circumstances the following: , including any available facts or circumstances sufficient to identify and locate each minor and each involved individual, ; and (ii) in paragraph (2)(A)— (I) by inserting 1591 (if the violation involves a minor), before 2251, ; and (II) by striking or 2260 and inserting 2260, or 2422(b) ; (B) in subsection (b)— (i) in paragraph (1)— (I) by inserting or location after identity ; and (II) by striking other identifying information, and inserting other information which may identify or locate the involved individual, ; (ii) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (iii) by inserting after paragraph (1) the following: (2) Information about the involved minor Information relating to the identity or location of any involved minor, which may, to the extent reasonably practicable, include the electronic mail address, Internet Protocol address, uniform resource locator, or any other information which may identify or locate any involved minor, including self-reported identifying information. ; and (iv) by adding at the end the following: (7) Formatting of reports When in its discretion a provider voluntarily includes any content described in this subsection in a report to the CyberTipline, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline. ; and (C) in subsection (d)(5)(B)— (i) in clause (i), by striking forwarded and inserting made available ; and (ii) in clause (ii), by striking forwarded and inserting made available ; (2) in section 2258B— (A) in subsection (a)— (i) by striking arising from the performance and inserting the following: , may not be brought in any Federal or State court if the claim or charge is directly attributable to— (1) the performance ; (ii) in paragraph (1), as so designated, by striking may not be brought in any Federal or State court. and inserting a semicolon; and (iii) by adding at the end the following: (2) transmitting, distributing, or mailing child sexual abuse material to any Federal, State, or local law enforcement agency, or giving such agency access to child sexual abuse material, in response to a search warrant, court order, or other legal process issued by such agency; or (3) research voluntarily undertaken by the provider or domain name registrar using any material being preserved under section 2258A(h), if the research is only for the purpose of— (A) improving or facilitating reporting under this section, section 2258A, or section 2258C; or (B) stopping the online sexual exploitation of children. ; and (B) in subsection (b)(2)(C)— (i) by striking the performance of ; (ii) by inserting described in or performed after function ; and (iii) by striking this section, sections and inserting this section or section ; and (3) in section 2258C, as amended by section 6(b) of this Act— (A) in the section heading, by striking the CyberTipline and inserting NCMEC ; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking NCMEC and inserting the following: (A) Provision to providers NCMEC ; (II) in subparagraph (A), as so designated, by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: (B) Provision to non-profit entities NCMEC may provide hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children. ; and (ii) in paragraph (2)— (I) by inserting (A) after (1) ; (II) by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: The elements authorized under paragraph (1)(B) shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ). ; and (C) in subsection (d), by inserting or to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline. (b) Technical and conforming amendment The table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258C (as amended by section 6(c)(1)(B) of this Act) and inserting the following: “2258C. Use of technical elements from reports made to NCMEC to combat child sexual abuse material.”. 3. Eliminating network distribution of child exploitation Section 2258A(h) of title 18, United States Code, is amended— (1) in paragraph (1), by striking 90 days and inserting 1 year ; and (2) by adding at the end the following: (5) Extension of preservation A provider of a report to the CyberTipline may voluntarily preserve the contents provided in the report (including any comingled content described in paragraph (2)) for longer than 1 year after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children.. 4. Use of term child sexual abuse material (a) Sense of Congress It is the sense of Congress that the term child sexual abuse material has the same legal meaning as the term child pornography , as that term was used in Federal statutes and case law before the date of enactment of this Act. (b) Amendments (1) Title 5, United States Code Chapter 65 of title 5, United States Code, is amended— (A) in section 6502(a)(2)(B), by striking child pornography and inserting child sexual abuse material ; and (B) in section 6504(c)(2)(F), by striking child pornography and inserting child sexual abuse material. (2) Homeland Security Act of 2002 The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— (A) in section 307(b)(3)(D) ( 6 U.S.C. 187(b)(3)(D) ), by striking child pornography and inserting child sexual abuse material ; and (B) in section 890A ( 6 U.S.C. 473 )— (i) in subsection (b)(2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (ii) in subsection (e)(3)(B)(ii), by striking child pornography and inserting child sexual abuse material. (3) Immigration and Nationality Act Section 101(a)(43)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43)(I) ) is amended by striking child pornography and inserting child sexual abuse material. (4) Small Business Jobs Act of 2010 Section 3011(c) of the Small Business Jobs Act of 2010 ( 12 U.S.C. 5710(c) ) is amended by striking child pornography and inserting child sexual abuse material. (5) Broadband Data Improvement Act Section 214(a)(2) of the Broadband Data Improvement Act ( 15 U.S.C. 6554(a)(2) ) is amended by striking child pornography and inserting child sexual abuse material. (6) CAN–SPAM Act of 2003 Section 4(b)(2)(B) of the CAN–SPAM Act of 2003 ( 15 U.S.C. 7703(b)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material. (7) Title 18, United States Code Title 18, United States Code, is amended— (A) in section 1956(c)(7)(D), by striking child pornography each place the term appears and inserting child sexual abuse material ; (B) in chapter 110— (i) in section 2251(e), by striking child pornography and inserting child sexual abuse material ; (ii) in section 2252(b)— (I) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and (II) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; (iii) in section 2252A— (I) in the section heading, by striking material constituting or containing child pornography and inserting child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; (bb) in paragraph (2)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (BB) in subparagraph (B), by striking material that contains child pornography and inserting child sexual abuse material ; (cc) in paragraph (3)(A), by striking child pornography and inserting child sexual abuse material ; (dd) in paragraph (4)— (AA) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (BB) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (ee) in paragraph (5)— (AA) in subparagraph (A), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material ; and (BB) in subparagraph (B), by striking material that contains an image of child pornography and inserting item containing child sexual abuse material ; and (ff) in paragraph (7)— (AA) by striking child pornography and inserting child sexual abuse material ; and (BB) by striking the period at the end and inserting a comma; (III) in subsection (b)— (aa) in paragraph (1), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (2), by striking child pornography each place the term appears and inserting child sexual abuse material ; (IV) in subsection (c)— (aa) in paragraph (1)(A), by striking child pornography and inserting child sexual abuse material ; (bb) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (cc) in the undesignated matter following paragraph (2), by striking child pornography and inserting child sexual abuse material ; (V) in subsection (d)(1), by striking child pornography and inserting child sexual abuse material ; and (VI) in subsection (e), by striking child pornography each place the term appears and inserting child sexual abuse material ; (iv) in section 2256(8)— (I) by striking child pornography and inserting child sexual abuse material ; and (II) by striking the period at the end and inserting a semicolon; (v) in section 2257A(h)— (I) in paragraph (1)(A)(iii)— (aa) by inserting a comma after marketed ; (bb) by striking such than and inserting such that ; and (cc) by striking a visual depiction that is child pornography and inserting child sexual abuse material ; and (II) in paragraph (2), by striking any visual depiction that is child pornography and inserting child sexual abuse material ; (vi) in section 2258A— (I) in subsection (a)(2)— (aa) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (II) in subsection (b)— (aa) in paragraph (4)— (AA) in the paragraph heading, by striking Visual depictions of apparent child pornography and inserting Apparent child sexual abuse material ; and (BB) by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material ; and (bb) in paragraph (5), by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material ; and (III) in subsection (g)(2)(B), by striking visual depictions of apparent child pornography and inserting apparent child sexual abuse material ; (vii) in section 2258C— (I) in the section heading, by striking Use to combat child pornography of technical elements relating to reports made to the CyberTipline and inserting Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (3), by striking the actual visual depictions of apparent child pornography and inserting any apparent child sexual abuse material ; (III) in subsection (d), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; and (IV) in subsection (e), by striking child pornography visual depiction and inserting child sexual abuse material visual depiction ; (viii) in section 2259— (I) in paragraph (b)(2)— (aa) in the paragraph heading, by striking child pornography and inserting child sexual abuse material ; (bb) in the matter preceding subparagraph (A), by striking child pornography and inserting child sexual abuse material ; and (cc) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; (II) in subsection (c)— (aa) in paragraph (1)— (AA) in the paragraph heading, by striking Child pornography production and inserting Production of child sexual abuse material ; (BB) by striking child pornography production and inserting production of child sexual abuse material ; and (CC) by striking production of child pornography and inserting production of child sexual abuse material ; (bb) in paragraph (2), in the matter preceding subparagraph (A), by striking trafficking in child pornography offenses each place the term appears and inserting offenses for trafficking in child sexual abuse material ; and (cc) in paragraph (3)— (AA) in the paragraph heading, by striking child pornography and inserting child sexual abuse material ; and (BB) by striking child pornography and inserting child sexual abuse material ; and (III) in subsection (d)(1)— (aa) in subparagraph (A)— (AA) by striking child pornography each place the term appears and inserting child sexual abuse material ; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (bb) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; and (cc) in subparagraph (C)— (AA) by striking child pornography and inserting child sexual abuse material ; and (BB) by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (ix) in section 2259A— (I) in the section heading, by striking child pornography cases and inserting cases involving child sexual abuse material ; (II) in subsection (a)— (aa) in paragraph (2), by striking child pornography and inserting child sexual abuse material ; and (bb) in paragraph (3), by striking a child pornography production offense and inserting an offense for production of child sexual abuse material ; and (III) in subsection (d)(2)(B), by striking child pornography production or trafficking offense that the defendant committed and inserting offense for production of child sexual abuse material or trafficking in child sexual abuse material committed by the defendant ; and (x) in section 2259B— (I) in the section heading, by striking Child pornography victims reserve and inserting Reserve for child sexual abuse material ; (II) in subsection (a), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material ; (III) in subsection (b), by striking Child Pornography Victims Reserve each place the term appears and inserting Reserve for Victims of Child Sexual Abuse Material ; and (IV) in subsection (c), by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material ; (C) in chapter 117— (i) in section 2423(f)(3), by striking child pornography and inserting child sexual abuse material ; and (ii) in section 2427— (I) in the section heading, by striking child pornography and inserting child sexual abuse material ; and (II) by striking child pornography and inserting child sexual abuse material ; (D) in section 2516— (i) in paragraph (1)(c), by striking material constituting or containing child pornography and inserting child sexual abuse material ; and (ii) in paragraph (2), by striking child pornography production and inserting production of child sexual abuse material ; (E) in section 3014(h)(3), by striking child pornography victims and inserting victims of child sexual abuse material ; (F) in section 3509— (i) in subsection (a)(6), by striking child pornography and inserting child sexual abuse material ; and (ii) in subsection (m)— (I) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material ; (II) in paragraph (1), by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material, ; (III) in paragraph (2)— (aa) in subparagraph (A)— (AA) by striking property or material that constitutes child pornography (as defined by section 2256 of this title) and inserting child sexual abuse material (as defined by section 2256 of this title), or property or items containing such material, ; and (BB) by striking the property or material and inserting the child sexual abuse material, property, or items ; and (bb) in subparagraph (B), by striking property or material each place the term appears and inserting child sexual abuse material, property, or items ; and (IV) in paragraph (3)— (aa) by striking property or material that constitutes child pornography, as defined under section 2256(8) and inserting child sexual abuse material (as defined by section 2256 of this title) ; (bb) by striking such child pornography and inserting such child sexual abuse material ; and (cc) by striking Such property or material and inserting Such child sexual abuse material ; and (G) in section 3632(d)(4)(D)(xlii), by striking material constituting or containing child pornography and inserting child sexual abuse material. (8) Tariff Act of 1930 Section 583(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1583(a)(2)(B) ) is amended by striking child pornography and inserting child sexual abuse material. (9) Elementary and Secondary Education Act of 1965 Section 4121 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7131 ) is amended— (A) in subsection (a)— (i) in paragraph (1)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (ii) in paragraph (2)(A)(ii), by striking child pornography and inserting child sexual abuse material ; and (B) in subsection (e)(5)— (i) in the paragraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (ii) by striking child pornography and inserting child sexual abuse material. (10) Museum and Library Services Act Section 224(f) of the Museum and Library Services Act ( 20 U.S.C. 9134(f) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (ii) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (B) in paragraph (7)(A)— (i) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (ii) by striking child pornography and inserting child sexual abuse material. (11) Omnibus Crime Control and Safe Streets Act of 1968 Section 3031(b)(3) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10721(b)(3) ) is amended by striking child pornography and inserting child sexual abuse material. (12) Juvenile Justice and Delinquency Prevention Act of 1974 Section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K) ) is amended— (A) in clause (i)(I)(aa), by striking child pornography and inserting child sexual abuse material ; and (B) in clause (ii), by striking child pornography and inserting child sexual abuse material. (13) Victims of Crime Act of 1984 Section 1402(d)(6)(A) of the Victims of Crime Act of 1984 ( 34 U.S.C. 20101(d)(6)(A) ) is amended by striking Child Pornography Victims Reserve and inserting Reserve for Victims of Child Sexual Abuse Material. (14) Victims of Child Abuse Act of 1990 The Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20301 et seq. ) is amended— (A) in section 212(4) ( 34 U.S.C. 20302(4) ), by striking child pornography and inserting child sexual abuse material ; (B) in section 214(b) ( 34 U.S.C. 20304(b) )— (i) in the subsection heading, by striking Child Pornography and inserting Child Sexual Abuse Material ; and (ii) by striking child pornography and inserting child sexual abuse material ; and (C) in section 226(c)(6) ( 34 U.S.C. 20341(c)(6) ), by striking child pornography and inserting child sexual abuse material. (15) Sex Offender Registration and Notification Act Section 111 of the Sex Offender Registration and Notification Act ( 34 U.S.C. 20911 ) is amended— (A) in paragraph (3)(B)(iii), by striking child pornography and inserting child sexual abuse material ; and (B) in paragraph (7)(G), by striking child pornography and inserting child sexual abuse material. (16) Adam Walsh Child Protection and Safety Act of 2006 Section 143(b)(3) of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20942(b)(3) ) is amended by striking child pornography and enticement cases and inserting cases involving child sexual abuse material and enticement of children. (17) PROTECT Our Children Act of 2008 The PROTECT Our Children Act of 2008 ( 34 U.S.C. 21101 et seq. ) is amended— (A) in section 101(c) ( 34 U.S.C. 21111(c) )— (i) in paragraph (16)— (I) in the matter preceding subparagraph (A), by striking child pornography trafficking and inserting trafficking in child sexual abuse material ; (II) in subparagraph (A), by striking child pornography and inserting child sexual abuse material ; (III) in subparagraph (B), by striking child pornography and inserting child sexual abuse material ; (IV) in subparagraph (C), by striking child pornography and inserting child sexual abuse material ; and (V) in subparagraph (D), by striking child pornography and inserting child sexual abuse material ; and (ii) in paragraph (17)(A), by striking child pornography and inserting child sexual abuse material ; and (B) in section 105(e)(1)(C) ( 34 U.S.C. 21115(e)(1)(C) ), by striking child pornography trafficking and inserting trafficking in child sexual abuse material. (18) Social Security Act Section 471(a)(20)(A)(i) of the Social Security Act ( 42 U.S.C. 671(a)(20)(A)(i) ) is amended by striking child pornography and inserting offenses involving child sexual abuse material. (19) Privacy Protection Act of 1980 Section 101 of the Privacy Protection Act of 1980 ( 42 U.S.C. 2000aa ) is amended— (A) in subsection (a)(1), by striking child pornography and inserting child sexual abuse material ; and (B) in subsection (b)(1), by striking child pornography and inserting child sexual abuse material. (20) Child Care and Development Block Grant Act of 1990 Section 658H(c)(1) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858f(c)(1) ) is amended— (A) in subparagraph (D)(iii), by striking child pornography and inserting offenses relating to child sexual abuse material ; and (B) in subparagraph (E), by striking child pornography and inserting child sexual abuse material. (21) Communications Act of 1934 Title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. ) is amended— (A) in section 223 ( 47 U.S.C. 223 )— (i) in subsection (a)(1)— (I) in subparagraph (A), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and (II) in subparagraph (B), in the undesignated matter following clause (ii), by striking child pornography and inserting which constitutes child sexual abuse material ; and (ii) in subsection (d)(1), in the undesignated matter following subparagraph (B), by striking child pornography and inserting that constitutes child sexual abuse material ; and (B) in section 254(h) ( 47 U.S.C. 254(h) )— (i) in paragraph (5)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material ; (ii) in paragraph (6)— (I) in subparagraph (B)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (II) in subparagraph (C)(i)(II), by striking child pornography and inserting child sexual abuse material ; and (iii) in paragraph (7)(F)— (I) in the subparagraph heading, by striking Child pornography and inserting Child sexual abuse material ; and (II) by striking child pornography and inserting child sexual abuse material. (c) Table of sections amendments (1) Chapter 110 of title 18 The table of sections for chapter 110 of title 18, United States Code, is amended— (A) by striking the item relating to section 2252A and inserting the following: 2252A. Certain activities relating to child sexual abuse material. ; (B) by striking the item relating to section 2258C and inserting the following: 2258C. Use of technical elements from reports made to the CyberTipline to combat child sexual abuse material. ; (C) by striking the item relating to section 2259A and inserting the following: 2259A. Assessments in cases involving child sexual abuse material. ; and (D) by striking the item relating to section 2259B and inserting the following: 2259B. Reserve for victims of child sexual abuse material.. (2) Chapter 117 of title 18 The table of sections for chapter 117 of title 18, United States Code, is amended by striking the item relating to section 2427 and inserting the following: 2427. Inclusion of offenses relating to child sexual abuse material in definition of sexual activity for which any person can be charged with a criminal offense.. (d) Amendment to the Federal sentencing guidelines Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall amend the Federal sentencing guidelines, including application notes, to replace the terms child pornography and child pornographic material with child sexual abuse material. (e) Effective date The amendments made by this section to title 18, United States Code, shall apply to conduct that occurred before, on, or after the date of enactment of this Act.
27,199
[ "Judiciary Committee" ]
118hr4458ih
118
hr
4,458
ih
To amend title III of the Public Health Service Act to provide for clarity with respect to the duration of contracts for procurement of supplies for the Strategic National Stockpile, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Improving Contract Transparency for the SNS Act.", "id": "HE476017811CC46A4B02CEBDEACE69D22", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Strategic National Stockpile procurement contract duration \nSection 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) is amended by adding at the end the following: (8) Procurement contract duration \n(A) In general \nA contract for the procurement of a drug, vaccine or other biological product, medical device, or other supplies for the stockpile under paragraph (1) shall be for a period not to exceed five years, except that, in first awarding the contract, the Secretary may provide for a longer duration, not exceeding 10 years, if the Secretary determines that complexities or other difficulties in performance under the contract justify such a period. The contract shall be renewable for additional periods, none of which shall exceed five years. (B) Notification \nThe Secretary shall notify— (i) the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives and the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate upon a determination by the Secretary to modify, renew, extend, or terminate a contract referred to in subparagraph (A); and (ii) the relevant vendor within 90 days of a determination by the Secretary to modify, renew, extend, or terminate such a contract..", "id": "H1DD5B18D6B214F4389E2A53B05D61465", "header": "Strategic National Stockpile procurement contract duration", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Improving Contract Transparency for the SNS Act. 2. Strategic National Stockpile procurement contract duration Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) is amended by adding at the end the following: (8) Procurement contract duration (A) In general A contract for the procurement of a drug, vaccine or other biological product, medical device, or other supplies for the stockpile under paragraph (1) shall be for a period not to exceed five years, except that, in first awarding the contract, the Secretary may provide for a longer duration, not exceeding 10 years, if the Secretary determines that complexities or other difficulties in performance under the contract justify such a period. The contract shall be renewable for additional periods, none of which shall exceed five years. (B) Notification The Secretary shall notify— (i) the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives and the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate upon a determination by the Secretary to modify, renew, extend, or terminate a contract referred to in subparagraph (A); and (ii) the relevant vendor within 90 days of a determination by the Secretary to modify, renew, extend, or terminate such a contract..
1,388
[ "Energy and Commerce Committee" ]
118hr2569ih
118
hr
2,569
ih
To amend the Public Health Service Act to reauthorize the program of payments to teaching health centers that operate graduate medical education programs.
[ { "text": "1. Short title \nThis Act may be cited as the Doctors of Community Act or the DOC Act.", "id": "HC58A847AC6C1427E91D2911609C88C89", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reauthorization of program of payments to teaching health centers that operate graduate medical education programs \nSection 340H(g) of the Public Health Service Act ( 42 U.S.C. 256H(g) ) is amended— (1) by amending paragraph (1) to read as follows: (1) In general \nTo carry out this section, there are appropriated, to remain available until expended, such sums as may be necessary, not to exceed— (A) $230,000,000, for the period of fiscal years 2011 through 2015; (B) $60,000,000 for each of fiscal years 2016 and 2017; (C) $126,500,000 for each of fiscal years 2018 through 2023; (D) $277,200,000 for fiscal year 2024; (E) $378,400,000 for fiscal year 2025; (F) $445,600,000 for fiscal year 2026; (G) $448,000,000 for fiscal year 2027; (H) $502,600,000 for fiscal year 2028; (I) $517,700,000 for fiscal year 2029; (J) $533,300,000 for fiscal year 2030; (K) $549,300,000 for fiscal year 2031; (L) $565,700,000 for fiscal year 2032; (M) $582,700,000 for fiscal year 2033; and (N) for fiscal year 2034 and each fiscal year thereafter, the dollar amount applicable under this paragraph for the preceding fiscal year, adjusted in accordance with paragraph (3). ; and (2) by adding at the end the following: (3) Adjustment for inflation \nFor purposes of paragraph (1)(N), the dollar amount applicable under paragraph (1) for fiscal years beginning after fiscal year 2033 shall be equal to the dollar amount applicable for the preceding fiscal year, increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average), as such percentage increase is estimated by the Secretary for the 12-month period ending with March of the previous year..", "id": "HBB0BBD8BB2254B78B8DD9CD52851C7B1", "header": "Reauthorization of program of payments to teaching health centers that operate graduate medical education programs", "nested": [], "links": [ { "text": "42 U.S.C. 256H(g)", "legal-doc": "usc", "parsable-cite": "usc/42/256H" } ] } ]
2
1. Short title This Act may be cited as the Doctors of Community Act or the DOC Act. 2. Reauthorization of program of payments to teaching health centers that operate graduate medical education programs Section 340H(g) of the Public Health Service Act ( 42 U.S.C. 256H(g) ) is amended— (1) by amending paragraph (1) to read as follows: (1) In general To carry out this section, there are appropriated, to remain available until expended, such sums as may be necessary, not to exceed— (A) $230,000,000, for the period of fiscal years 2011 through 2015; (B) $60,000,000 for each of fiscal years 2016 and 2017; (C) $126,500,000 for each of fiscal years 2018 through 2023; (D) $277,200,000 for fiscal year 2024; (E) $378,400,000 for fiscal year 2025; (F) $445,600,000 for fiscal year 2026; (G) $448,000,000 for fiscal year 2027; (H) $502,600,000 for fiscal year 2028; (I) $517,700,000 for fiscal year 2029; (J) $533,300,000 for fiscal year 2030; (K) $549,300,000 for fiscal year 2031; (L) $565,700,000 for fiscal year 2032; (M) $582,700,000 for fiscal year 2033; and (N) for fiscal year 2034 and each fiscal year thereafter, the dollar amount applicable under this paragraph for the preceding fiscal year, adjusted in accordance with paragraph (3). ; and (2) by adding at the end the following: (3) Adjustment for inflation For purposes of paragraph (1)(N), the dollar amount applicable under paragraph (1) for fiscal years beginning after fiscal year 2033 shall be equal to the dollar amount applicable for the preceding fiscal year, increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average), as such percentage increase is estimated by the Secretary for the 12-month period ending with March of the previous year..
1,797
[ "Energy and Commerce Committee" ]
118hr2726ih
118
hr
2,726
ih
To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Small Business Payment for Performance Act of 2023.", "id": "H521144B281224036881744D2A766496C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Equitable adjustments to construction contracts \n(a) In general \nSection 15 of the Small Business Act ( 15 U.S.C. 644 ) is amended— (1) by redesignating subsections (x) and (y) as subsections (y) and (z), respectively; and (2) by inserting after subsection (w) the following new subsection: (x) Interim partial payments for equitable adjustments to construction contracts \n(1) Request for an equitable adjustment \nA small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall— (A) be timely made pursuant to the terms of the contract; and (B) specify the estimated amount required to cover additional costs resulting from such change in the terms. (2) Amount \nUpon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). (3) Limitation \nAny interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment. (4) Flow-down of interim partial payment amounts \nA small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.. (b) Implementation \nThe Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (2) October 1, 2025.", "id": "H9AD6EC55D79848BDAD2961EBECDD72FC", "header": "Equitable adjustments to construction contracts", "nested": [ { "text": "(a) In general \nSection 15 of the Small Business Act ( 15 U.S.C. 644 ) is amended— (1) by redesignating subsections (x) and (y) as subsections (y) and (z), respectively; and (2) by inserting after subsection (w) the following new subsection: (x) Interim partial payments for equitable adjustments to construction contracts \n(1) Request for an equitable adjustment \nA small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall— (A) be timely made pursuant to the terms of the contract; and (B) specify the estimated amount required to cover additional costs resulting from such change in the terms. (2) Amount \nUpon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). (3) Limitation \nAny interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment. (4) Flow-down of interim partial payment amounts \nA small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment..", "id": "H3382093E7C314D7689666587A40682A2", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 644", "legal-doc": "usc", "parsable-cite": "usc/15/644" } ] }, { "text": "(b) Implementation \nThe Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (2) October 1, 2025.", "id": "HA2342B05B5CC4F59A0C936135E0DA2DD", "header": "Implementation", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 644", "legal-doc": "usc", "parsable-cite": "usc/15/644" } ] } ]
2
1. Short title This Act may be cited as the Small Business Payment for Performance Act of 2023. 2. Equitable adjustments to construction contracts (a) In general Section 15 of the Small Business Act ( 15 U.S.C. 644 ) is amended— (1) by redesignating subsections (x) and (y) as subsections (y) and (z), respectively; and (2) by inserting after subsection (w) the following new subsection: (x) Interim partial payments for equitable adjustments to construction contracts (1) Request for an equitable adjustment A small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall— (A) be timely made pursuant to the terms of the contract; and (B) specify the estimated amount required to cover additional costs resulting from such change in the terms. (2) Amount Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). (3) Limitation Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment. (4) Flow-down of interim partial payment amounts A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.. (b) Implementation The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (2) October 1, 2025.
2,351
[ "Small Business Committee" ]
118hr1306ih
118
hr
1,306
ih
To provide for greater transfer of risk under the National Flood Insurance Program to private capital and reinsurance markets, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Taxpayer Exposure Mitigation Act.", "id": "H229C4869920B4AA2853F53284703108C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Risk transfer requirement \nSubsection (e) of section 1345 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081(e) ) is amended— (1) by striking (e) Risk transfer. —The Administrator and inserting the following: (e) Risk transfer \n(1) Authority \nThe Administrator ; and (2) by adding at the end the following new paragraph: (2) Required risk transfer coverage \n(A) Requirement \nNot later than the expiration of the 18-month period beginning upon the date of the enactment of this paragraph and at all times thereafter, the Administrator shall annually cede a portion of the risk of the flood insurance program under this title to the private reinsurance or capital markets, or any combination thereof, and at rates and terms that the Administrator determines to be reasonable and appropriate, in an amount that— (i) is sufficient to maintain the ability of the program to pay claims; and (ii) manages and limits the annual exposure of the flood insurance program to flood losses in accordance with the probable maximum loss target established for such year under subparagraph (B). (B) Probable maximum loss target \nThe Administrator shall for each fiscal year, establish a probable maximum loss target for the national flood insurance program that shall be the maximum probable loss under the national flood insurance program that is expected to occur in such fiscal year. (C) Considerations \nIn establishing the probable maximum loss target under subparagraph (B) for each fiscal year and carrying out subparagraph (A), the Administrator shall consider— (i) the probable maximum loss targets for other United States public natural catastrophe insurance programs, including as State wind pools and earthquake programs; (ii) the probable maximum loss targets of other risk management organizations, including the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (iii) catastrophic, actuarial, and other appropriate data modeling results of the national flood insurance program portfolio; (iv) the availability of funds in the National Flood Insurance Fund established under section 1310 ( 42 U.S.C. 4017 ); (v) the availability of funds in the National Flood Insurance Reserve Fund established under section 1310A ( 42 U.S.C. 4017a ); (vi) the availability of borrowing authority under section 1309 ( 42 U.S.C. 4016 ); (vii) the ability of the Administrator to repay outstanding debt; (viii) amounts appropriated to the Administrator to carry out the national flood insurance program; (ix) reinsurance, capital markets, catastrophe bonds, collateralized reinsurance, resilience bonds, and other insurance-linked securities, and other risk transfer opportunities; and (x) any other factor the Administrator determines appropriate. (D) Multi-year contracts \nNothing in this paragraph may be construed to prevent or prohibit the Administrator from complying with the requirement under subparagraph (A) regarding ceding risk through contracts having a duration longer than one year..", "id": "H681232EB00C24FA79D413FA978AAB451", "header": "Risk transfer requirement", "nested": [], "links": [ { "text": "42 U.S.C. 4081(e)", "legal-doc": "usc", "parsable-cite": "usc/42/4081" }, { "text": "42 U.S.C. 4017", "legal-doc": "usc", "parsable-cite": "usc/42/4017" }, { "text": "42 U.S.C. 4017a", "legal-doc": "usc", "parsable-cite": "usc/42/4017a" }, { "text": "42 U.S.C. 4016", "legal-doc": "usc", "parsable-cite": "usc/42/4016" } ] } ]
2
1. Short title This Act may be cited as the Taxpayer Exposure Mitigation Act. 2. Risk transfer requirement Subsection (e) of section 1345 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081(e) ) is amended— (1) by striking (e) Risk transfer. —The Administrator and inserting the following: (e) Risk transfer (1) Authority The Administrator ; and (2) by adding at the end the following new paragraph: (2) Required risk transfer coverage (A) Requirement Not later than the expiration of the 18-month period beginning upon the date of the enactment of this paragraph and at all times thereafter, the Administrator shall annually cede a portion of the risk of the flood insurance program under this title to the private reinsurance or capital markets, or any combination thereof, and at rates and terms that the Administrator determines to be reasonable and appropriate, in an amount that— (i) is sufficient to maintain the ability of the program to pay claims; and (ii) manages and limits the annual exposure of the flood insurance program to flood losses in accordance with the probable maximum loss target established for such year under subparagraph (B). (B) Probable maximum loss target The Administrator shall for each fiscal year, establish a probable maximum loss target for the national flood insurance program that shall be the maximum probable loss under the national flood insurance program that is expected to occur in such fiscal year. (C) Considerations In establishing the probable maximum loss target under subparagraph (B) for each fiscal year and carrying out subparagraph (A), the Administrator shall consider— (i) the probable maximum loss targets for other United States public natural catastrophe insurance programs, including as State wind pools and earthquake programs; (ii) the probable maximum loss targets of other risk management organizations, including the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (iii) catastrophic, actuarial, and other appropriate data modeling results of the national flood insurance program portfolio; (iv) the availability of funds in the National Flood Insurance Fund established under section 1310 ( 42 U.S.C. 4017 ); (v) the availability of funds in the National Flood Insurance Reserve Fund established under section 1310A ( 42 U.S.C. 4017a ); (vi) the availability of borrowing authority under section 1309 ( 42 U.S.C. 4016 ); (vii) the ability of the Administrator to repay outstanding debt; (viii) amounts appropriated to the Administrator to carry out the national flood insurance program; (ix) reinsurance, capital markets, catastrophe bonds, collateralized reinsurance, resilience bonds, and other insurance-linked securities, and other risk transfer opportunities; and (x) any other factor the Administrator determines appropriate. (D) Multi-year contracts Nothing in this paragraph may be construed to prevent or prohibit the Administrator from complying with the requirement under subparagraph (A) regarding ceding risk through contracts having a duration longer than one year..
3,104
[ "Financial Services Committee" ]
118hr793ih
118
hr
793
ih
To extend Federal Pell Grant eligibility of certain short-term programs.
[ { "text": "1. Short title \nThis Act may be cited as the Jumpstart Our Businesses by Supporting Students Act of 2023 or the JOBS Act of 2023.", "id": "HF81D3B9B3EAD46059E85E20C693BECD7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extending Federal Pell Grant eligibility of certain short-term programs \n(a) In general \n(1) Prior to FAFSA Simplification \nSection 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) is amended by inserting after subsection (j) the following: (k) Job training Federal Pell Grant program \n(1) Definitions \nIn this subsection: (A) Eligible career pathway program \nThe term eligible career pathway program means a program that— (i) meets the requirements of section 484(d)(2); (ii) is listed on the provider list under section 122(d) of the Workforce Innovation and Opportunity Act; (iii) is part of a career pathway, as defined in section 3 of that Act; and (iv) is aligned to a program of study as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006. (B) Eligible job training program \n(i) In General \nThe term eligible job training program means a career and technical education program at an institution of higher education that— (I) provides not less than 150, and not more than 600, clock hours of instructional time over a period of not less than 8 weeks and not more than 15 weeks; (II) provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area, as determined by an industry or sector partnership; (III) is a program of training services, and provided through an eligible training provider, as described under section 122(d) of the Workforce Innovation and Opportunity Act; (IV) provides a student, upon completion of the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, including credentials recognized by industry or sector partnerships in the relevant industry in the State or local area where the industry is located and the job training program is provided; (V) has been determined by the institution of higher education (after validation of that determination by an industry or sector partnership) to provide academic content, an amount of instructional time, and a recognized postsecondary credential that are sufficient to— (aa) meet the hiring requirements of potential employers; and (bb) satisfy any applicable educational prerequisite requirement for professional licensure or certification, so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination needed to practice or find employment in an occupation that the program prepares students to enter; (VI) may include integrated education and training; (VII) may be offered as part of an eligible career pathway program; (VIII) does not exceed by more than 50 percent the minimum number of clock hours required for training if the State has established such a requirement; and (IX) shall include institutional credit articulation for a student enrolled in a noncredit job training program. (ii) Approval by the Secretary \nIn the case of a program that is seeking to establish eligibility as an eligible job training program under this subparagraph, the Secretary shall make a determination about whether the program meets the requirements of this subparagraph not more than 60 days after the date on which such program is submitted for consideration as an eligible job training program. (iii) Additional assurance \nThe Secretary shall not determine that a program is an eligible job training program in accordance with clause (ii) unless the Secretary receives a certification from the appropriate State board containing an assurance that the program meets the requirements of clause (i). (C) Institution of higher education \nThe term institution of higher education means— (i) an institution of higher education, as defined in section 101; or (ii) a postsecondary vocational institution, as defined in section 102(c). (D) Institutional credit articulation \nThe term institutional credit articulation means an institution of higher education provides a student who has completed a noncredit program with the equivalent academic credit that may be applied to a subsequent credit-bearing certificate or degree program upon enrollment in such program at such institution. (E) WIOA Definitions \nThe terms industry or sector partnership , in-demand industry sector or occupation , recognized postsecondary credential , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. (2) In general \nFor the award year beginning on July 1, 2023, and each subsequent award year, the Secretary shall carry out a program through which the Secretary shall award Federal Pell Grants to students in eligible job training programs (referred to as a job training Federal Pell Grant ). Each eligible job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as other Federal Pell Grants awarded under subsection (a), except as follows: (A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who— (i) has not yet attained a postbaccalaureate degree; (ii) attends an institution of higher education; (iii) is enrolled, or accepted for enrollment, in an eligible job training program at such institution of higher education; and (iv) meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in clause (iii)). (B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that subsection (b)(4) shall not apply. (3) Inclusion in total eligibility period \nAny period during which a student receives a job training Federal Pell Grant under this subsection shall be included in calculating the student's period of eligibility for Federal Pell Grants under subsection (c), 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 job training program at an eligible institution on less than a full-time basis.. (2) After FAFSA Simplification Act \nSection 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 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), is further amended by adding at the end the following: (k) Job training Federal Pell Grant program \n(1) Definitions \nIn this subsection: (A) Eligible career pathway program \nThe term eligible career pathway program means a program that— (i) meets the requirements of section 484(d)(2); (ii) is listed on the provider list under section 122(d) of the Workforce Innovation and Opportunity Act; (iii) is part of a career pathway, as defined in section 3 of that Act; and (iv) is aligned to a program of study as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006. (B) Eligible job training program \n(i) In General \nThe term eligible job training program means a career and technical education program at an institution of higher education that— (I) provides not less than 150, and not more than 600, clock hours of instructional time over a period of not less than 8 weeks and not more than 15 weeks; (II) provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area, as determined by an industry or sector partnership; (III) is a program of training services, and provided through an eligible training provider, as described under section 122(d) of the Workforce Innovation and Opportunity Act; (IV) provides a student, upon completion of the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, including credentials recognized by industry or sector partnerships in the relevant industry in the State or local area where the industry is located and the job training program is provided; (V) has been determined by the institution of higher education (after validation of that determination by an industry or sector partnership) to provide academic content, an amount of instructional time, and a recognized postsecondary credential that are sufficient to— (aa) meet the hiring requirements of potential employers; and (bb) satisfy any applicable educational prerequisite requirement for professional licensure or certification, so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination needed to practice or find employment in an occupation that the program prepares students to enter; (VI) may include integrated education and training; (VII) may be offered as part of an eligible career pathway program; (VIII) does not exceed by more than 50 percent the minimum number of clock hours required for training if the State has established such a requirement; and (IX) shall include institutional credit articulation for a student enrolled in a noncredit job training program. (ii) Approval by the Secretary \nIn the case of a program that is seeking to establish eligibility as an eligible job training program under this subparagraph, the Secretary shall make a determination about whether the program meets the requirements of this subparagraph not more than 60 days after the date on which such program is submitted for consideration as an eligible job training program. (iii) Additional assurance \nThe Secretary shall not determine that a program is an eligible job training program in accordance with clause (ii) unless the Secretary receives a certification from the appropriate State board containing an assurance that the program meets the requirements of clause (i). (C) Institution of higher education \nThe term institution of higher education means— (i) an institution of higher education, as defined in section 101; or (ii) a postsecondary vocational institution, as defined in section 102(c). (D) Institutional credit articulation \nThe term institutional credit articulation means an institution of higher education provides a student who has completed a noncredit program with the equivalent academic credit that may be applied to a subsequent credit-bearing certificate or degree program upon enrollment in such program at such institution. (E) WIOA Definitions \nThe terms industry or sector partnership , in-demand industry sector or occupation , recognized postsecondary credential , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. (2) In general \nFor the award year beginning on July 1, 2023, and each subsequent award year, the Secretary shall carry out a program through which the Secretary shall award Federal Pell Grants to students in eligible job training programs (referred to as a job training Federal Pell Grant ). Each eligible job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as other Federal Pell Grants awarded under subsection (b), except as follows: (A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who— (i) has not yet attained a postbaccalaureate degree; (ii) attends an institution of higher education; (iii) is enrolled, or accepted for enrollment, in an eligible job training program at such institution of higher education; and (iv) meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in clause (iii)). (B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that notwithstanding subsection (b)(1)(B) a student who is eligible for less than the minimum Federal Pell Grant for an academic year in which the student is enrolled in an eligible program full time may still be eligible for a Federal Pell Grant. (3) Inclusion in total eligibility period \nAny period during which a student receives a job training 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 job training program at an eligible institution on less than a full-time basis.. (3) Effective date \nThe amendment made by paragraph (2) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), as amended by the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), and subject to the effective date of section 701(b) of such Act. (b) Accrediting agency recognition of eligible job training programs \nSection 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 participating in the job training 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 job training programs (as defined in that subsection)— (i) the agency or association’s standards include a process for determining if the institution has the capability to effectively offer an eligible job training program; and (ii) the agency or association requires a demonstration that the program— (I) has identified each recognized postsecondary credential offered and the corresponding industry or sector partnership that actively recognizes each credential in the relevant industry in the State or local area where the industry is located; and (II) provides the academic content and amount of instructional time that is sufficient to— (aa) meet the hiring requirements of potential employers; and (bb) satisfy any applicable educational prerequisites for professional licensure or certification requirements so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination that is needed to practice or find employment in an occupation that the program prepares students to enter.. (c) Interagency data sharing \nThe Secretary of Education shall coordinate and enter into a data sharing agreement with the Secretary of Labor to ensure access to data related to indicators of performance collected under section 116 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141 ). Under such data sharing agreement, the Commissioner of the National Center for Education Statistics shall collect and review the contents of performance reports for eligible providers of training services described in section 116(d)(4) of that Act not less frequently than once each year. (d) Minimum Federal Pell Grant \n(1) In General \nSection 401(b)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(4) ) is amended by striking ten percent and inserting 5 percent. (2) FAFSA simplification \n(A) In General \nSection 401(a)(2)(F) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(a)(2)(F) ), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), is further amended by striking ten percent and inserting 5 percent. (B) Effective date \nThe amendment made by this paragraph shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), and subject to the effective date of section 701(b) of such Act. (e) Effective date \nUnless otherwise specified, this section, and the amendments made by this section, shall take effect on July 1, 2023.", "id": "HCE7B6F49BADE43299DC9E0641B93D206", "header": "Extending Federal Pell Grant eligibility of certain short-term programs", "nested": [ { "text": "(a) In general \n(1) Prior to FAFSA Simplification \nSection 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) is amended by inserting after subsection (j) the following: (k) Job training Federal Pell Grant program \n(1) Definitions \nIn this subsection: (A) Eligible career pathway program \nThe term eligible career pathway program means a program that— (i) meets the requirements of section 484(d)(2); (ii) is listed on the provider list under section 122(d) of the Workforce Innovation and Opportunity Act; (iii) is part of a career pathway, as defined in section 3 of that Act; and (iv) is aligned to a program of study as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006. (B) Eligible job training program \n(i) In General \nThe term eligible job training program means a career and technical education program at an institution of higher education that— (I) provides not less than 150, and not more than 600, clock hours of instructional time over a period of not less than 8 weeks and not more than 15 weeks; (II) provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area, as determined by an industry or sector partnership; (III) is a program of training services, and provided through an eligible training provider, as described under section 122(d) of the Workforce Innovation and Opportunity Act; (IV) provides a student, upon completion of the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, including credentials recognized by industry or sector partnerships in the relevant industry in the State or local area where the industry is located and the job training program is provided; (V) has been determined by the institution of higher education (after validation of that determination by an industry or sector partnership) to provide academic content, an amount of instructional time, and a recognized postsecondary credential that are sufficient to— (aa) meet the hiring requirements of potential employers; and (bb) satisfy any applicable educational prerequisite requirement for professional licensure or certification, so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination needed to practice or find employment in an occupation that the program prepares students to enter; (VI) may include integrated education and training; (VII) may be offered as part of an eligible career pathway program; (VIII) does not exceed by more than 50 percent the minimum number of clock hours required for training if the State has established such a requirement; and (IX) shall include institutional credit articulation for a student enrolled in a noncredit job training program. (ii) Approval by the Secretary \nIn the case of a program that is seeking to establish eligibility as an eligible job training program under this subparagraph, the Secretary shall make a determination about whether the program meets the requirements of this subparagraph not more than 60 days after the date on which such program is submitted for consideration as an eligible job training program. (iii) Additional assurance \nThe Secretary shall not determine that a program is an eligible job training program in accordance with clause (ii) unless the Secretary receives a certification from the appropriate State board containing an assurance that the program meets the requirements of clause (i). (C) Institution of higher education \nThe term institution of higher education means— (i) an institution of higher education, as defined in section 101; or (ii) a postsecondary vocational institution, as defined in section 102(c). (D) Institutional credit articulation \nThe term institutional credit articulation means an institution of higher education provides a student who has completed a noncredit program with the equivalent academic credit that may be applied to a subsequent credit-bearing certificate or degree program upon enrollment in such program at such institution. (E) WIOA Definitions \nThe terms industry or sector partnership , in-demand industry sector or occupation , recognized postsecondary credential , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. (2) In general \nFor the award year beginning on July 1, 2023, and each subsequent award year, the Secretary shall carry out a program through which the Secretary shall award Federal Pell Grants to students in eligible job training programs (referred to as a job training Federal Pell Grant ). Each eligible job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as other Federal Pell Grants awarded under subsection (a), except as follows: (A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who— (i) has not yet attained a postbaccalaureate degree; (ii) attends an institution of higher education; (iii) is enrolled, or accepted for enrollment, in an eligible job training program at such institution of higher education; and (iv) meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in clause (iii)). (B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that subsection (b)(4) shall not apply. (3) Inclusion in total eligibility period \nAny period during which a student receives a job training Federal Pell Grant under this subsection shall be included in calculating the student's period of eligibility for Federal Pell Grants under subsection (c), 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 job training program at an eligible institution on less than a full-time basis.. (2) After FAFSA Simplification Act \nSection 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 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), is further amended by adding at the end the following: (k) Job training Federal Pell Grant program \n(1) Definitions \nIn this subsection: (A) Eligible career pathway program \nThe term eligible career pathway program means a program that— (i) meets the requirements of section 484(d)(2); (ii) is listed on the provider list under section 122(d) of the Workforce Innovation and Opportunity Act; (iii) is part of a career pathway, as defined in section 3 of that Act; and (iv) is aligned to a program of study as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006. (B) Eligible job training program \n(i) In General \nThe term eligible job training program means a career and technical education program at an institution of higher education that— (I) provides not less than 150, and not more than 600, clock hours of instructional time over a period of not less than 8 weeks and not more than 15 weeks; (II) provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area, as determined by an industry or sector partnership; (III) is a program of training services, and provided through an eligible training provider, as described under section 122(d) of the Workforce Innovation and Opportunity Act; (IV) provides a student, upon completion of the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, including credentials recognized by industry or sector partnerships in the relevant industry in the State or local area where the industry is located and the job training program is provided; (V) has been determined by the institution of higher education (after validation of that determination by an industry or sector partnership) to provide academic content, an amount of instructional time, and a recognized postsecondary credential that are sufficient to— (aa) meet the hiring requirements of potential employers; and (bb) satisfy any applicable educational prerequisite requirement for professional licensure or certification, so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination needed to practice or find employment in an occupation that the program prepares students to enter; (VI) may include integrated education and training; (VII) may be offered as part of an eligible career pathway program; (VIII) does not exceed by more than 50 percent the minimum number of clock hours required for training if the State has established such a requirement; and (IX) shall include institutional credit articulation for a student enrolled in a noncredit job training program. (ii) Approval by the Secretary \nIn the case of a program that is seeking to establish eligibility as an eligible job training program under this subparagraph, the Secretary shall make a determination about whether the program meets the requirements of this subparagraph not more than 60 days after the date on which such program is submitted for consideration as an eligible job training program. (iii) Additional assurance \nThe Secretary shall not determine that a program is an eligible job training program in accordance with clause (ii) unless the Secretary receives a certification from the appropriate State board containing an assurance that the program meets the requirements of clause (i). (C) Institution of higher education \nThe term institution of higher education means— (i) an institution of higher education, as defined in section 101; or (ii) a postsecondary vocational institution, as defined in section 102(c). (D) Institutional credit articulation \nThe term institutional credit articulation means an institution of higher education provides a student who has completed a noncredit program with the equivalent academic credit that may be applied to a subsequent credit-bearing certificate or degree program upon enrollment in such program at such institution. (E) WIOA Definitions \nThe terms industry or sector partnership , in-demand industry sector or occupation , recognized postsecondary credential , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. (2) In general \nFor the award year beginning on July 1, 2023, and each subsequent award year, the Secretary shall carry out a program through which the Secretary shall award Federal Pell Grants to students in eligible job training programs (referred to as a job training Federal Pell Grant ). Each eligible job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as other Federal Pell Grants awarded under subsection (b), except as follows: (A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who— (i) has not yet attained a postbaccalaureate degree; (ii) attends an institution of higher education; (iii) is enrolled, or accepted for enrollment, in an eligible job training program at such institution of higher education; and (iv) meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in clause (iii)). (B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that notwithstanding subsection (b)(1)(B) a student who is eligible for less than the minimum Federal Pell Grant for an academic year in which the student is enrolled in an eligible program full time may still be eligible for a Federal Pell Grant. (3) Inclusion in total eligibility period \nAny period during which a student receives a job training 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 job training program at an eligible institution on less than a full-time basis.. (3) Effective date \nThe amendment made by paragraph (2) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), as amended by the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), and subject to the effective date of section 701(b) of such Act.", "id": "H6CB431C5AFCE412DABCA677BBF1C52CD", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" } ] }, { "text": "(b) Accrediting agency recognition of eligible job training programs \nSection 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 participating in the job training 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 job training programs (as defined in that subsection)— (i) the agency or association’s standards include a process for determining if the institution has the capability to effectively offer an eligible job training program; and (ii) the agency or association requires a demonstration that the program— (I) has identified each recognized postsecondary credential offered and the corresponding industry or sector partnership that actively recognizes each credential in the relevant industry in the State or local area where the industry is located; and (II) provides the academic content and amount of instructional time that is sufficient to— (aa) meet the hiring requirements of potential employers; and (bb) satisfy any applicable educational prerequisites for professional licensure or certification requirements so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination that is needed to practice or find employment in an occupation that the program prepares students to enter..", "id": "HC34C8B8E58174CABB8BC32C3B6474656", "header": "Accrediting agency recognition of eligible job training programs", "nested": [], "links": [ { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "(c) Interagency data sharing \nThe Secretary of Education shall coordinate and enter into a data sharing agreement with the Secretary of Labor to ensure access to data related to indicators of performance collected under section 116 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141 ). Under such data sharing agreement, the Commissioner of the National Center for Education Statistics shall collect and review the contents of performance reports for eligible providers of training services described in section 116(d)(4) of that Act not less frequently than once each year.", "id": "H4CF6C61FAA6341AA8EB8CED7313B9161", "header": "Interagency data sharing", "nested": [], "links": [ { "text": "29 U.S.C. 3141", "legal-doc": "usc", "parsable-cite": "usc/29/3141" } ] }, { "text": "(d) Minimum Federal Pell Grant \n(1) In General \nSection 401(b)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(4) ) is amended by striking ten percent and inserting 5 percent. (2) FAFSA simplification \n(A) In General \nSection 401(a)(2)(F) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(a)(2)(F) ), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), is further amended by striking ten percent and inserting 5 percent. (B) Effective date \nThe amendment made by this paragraph shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), and subject to the effective date of section 701(b) of such Act.", "id": "HB28DBE69D2F641D08B308613D36ECD8B", "header": "Minimum Federal Pell Grant", "nested": [], "links": [ { "text": "20 U.S.C. 1070a(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070a(a)(2)(F)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" } ] }, { "text": "(e) Effective date \nUnless otherwise specified, this section, and the amendments made by this section, shall take effect on July 1, 2023.", "id": "H5A66EE84372942DC8486E312336A64B0", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" }, { "text": "20 U.S.C. 1099b(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "29 U.S.C. 3141", "legal-doc": "usc", "parsable-cite": "usc/29/3141" }, { "text": "20 U.S.C. 1070a(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070a(a)(2)(F)", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" }, { "text": "Public Law 116–260", "legal-doc": "public-law", "parsable-cite": "pl/116/260" }, { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" } ] } ]
2
1. Short title This Act may be cited as the Jumpstart Our Businesses by Supporting Students Act of 2023 or the JOBS Act of 2023. 2. Extending Federal Pell Grant eligibility of certain short-term programs (a) In general (1) Prior to FAFSA Simplification Section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) is amended by inserting after subsection (j) the following: (k) Job training Federal Pell Grant program (1) Definitions In this subsection: (A) Eligible career pathway program The term eligible career pathway program means a program that— (i) meets the requirements of section 484(d)(2); (ii) is listed on the provider list under section 122(d) of the Workforce Innovation and Opportunity Act; (iii) is part of a career pathway, as defined in section 3 of that Act; and (iv) is aligned to a program of study as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006. (B) Eligible job training program (i) In General The term eligible job training program means a career and technical education program at an institution of higher education that— (I) provides not less than 150, and not more than 600, clock hours of instructional time over a period of not less than 8 weeks and not more than 15 weeks; (II) provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area, as determined by an industry or sector partnership; (III) is a program of training services, and provided through an eligible training provider, as described under section 122(d) of the Workforce Innovation and Opportunity Act; (IV) provides a student, upon completion of the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, including credentials recognized by industry or sector partnerships in the relevant industry in the State or local area where the industry is located and the job training program is provided; (V) has been determined by the institution of higher education (after validation of that determination by an industry or sector partnership) to provide academic content, an amount of instructional time, and a recognized postsecondary credential that are sufficient to— (aa) meet the hiring requirements of potential employers; and (bb) satisfy any applicable educational prerequisite requirement for professional licensure or certification, so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination needed to practice or find employment in an occupation that the program prepares students to enter; (VI) may include integrated education and training; (VII) may be offered as part of an eligible career pathway program; (VIII) does not exceed by more than 50 percent the minimum number of clock hours required for training if the State has established such a requirement; and (IX) shall include institutional credit articulation for a student enrolled in a noncredit job training program. (ii) Approval by the Secretary In the case of a program that is seeking to establish eligibility as an eligible job training program under this subparagraph, the Secretary shall make a determination about whether the program meets the requirements of this subparagraph not more than 60 days after the date on which such program is submitted for consideration as an eligible job training program. (iii) Additional assurance The Secretary shall not determine that a program is an eligible job training program in accordance with clause (ii) unless the Secretary receives a certification from the appropriate State board containing an assurance that the program meets the requirements of clause (i). (C) Institution of higher education The term institution of higher education means— (i) an institution of higher education, as defined in section 101; or (ii) a postsecondary vocational institution, as defined in section 102(c). (D) Institutional credit articulation The term institutional credit articulation means an institution of higher education provides a student who has completed a noncredit program with the equivalent academic credit that may be applied to a subsequent credit-bearing certificate or degree program upon enrollment in such program at such institution. (E) WIOA Definitions The terms industry or sector partnership , in-demand industry sector or occupation , recognized postsecondary credential , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. (2) In general For the award year beginning on July 1, 2023, and each subsequent award year, the Secretary shall carry out a program through which the Secretary shall award Federal Pell Grants to students in eligible job training programs (referred to as a job training Federal Pell Grant ). Each eligible job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as other Federal Pell Grants awarded under subsection (a), except as follows: (A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who— (i) has not yet attained a postbaccalaureate degree; (ii) attends an institution of higher education; (iii) is enrolled, or accepted for enrollment, in an eligible job training program at such institution of higher education; and (iv) meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in clause (iii)). (B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that subsection (b)(4) shall not apply. (3) Inclusion in total eligibility period Any period during which a student receives a job training Federal Pell Grant under this subsection shall be included in calculating the student's period of eligibility for Federal Pell Grants under subsection (c), 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 job training program at an eligible institution on less than a full-time basis.. (2) After FAFSA Simplification Act 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 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), is further amended by adding at the end the following: (k) Job training Federal Pell Grant program (1) Definitions In this subsection: (A) Eligible career pathway program The term eligible career pathway program means a program that— (i) meets the requirements of section 484(d)(2); (ii) is listed on the provider list under section 122(d) of the Workforce Innovation and Opportunity Act; (iii) is part of a career pathway, as defined in section 3 of that Act; and (iv) is aligned to a program of study as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006. (B) Eligible job training program (i) In General The term eligible job training program means a career and technical education program at an institution of higher education that— (I) provides not less than 150, and not more than 600, clock hours of instructional time over a period of not less than 8 weeks and not more than 15 weeks; (II) provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area, as determined by an industry or sector partnership; (III) is a program of training services, and provided through an eligible training provider, as described under section 122(d) of the Workforce Innovation and Opportunity Act; (IV) provides a student, upon completion of the program, with a recognized postsecondary credential that is recognized by employers in the relevant industry, including credentials recognized by industry or sector partnerships in the relevant industry in the State or local area where the industry is located and the job training program is provided; (V) has been determined by the institution of higher education (after validation of that determination by an industry or sector partnership) to provide academic content, an amount of instructional time, and a recognized postsecondary credential that are sufficient to— (aa) meet the hiring requirements of potential employers; and (bb) satisfy any applicable educational prerequisite requirement for professional licensure or certification, so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination needed to practice or find employment in an occupation that the program prepares students to enter; (VI) may include integrated education and training; (VII) may be offered as part of an eligible career pathway program; (VIII) does not exceed by more than 50 percent the minimum number of clock hours required for training if the State has established such a requirement; and (IX) shall include institutional credit articulation for a student enrolled in a noncredit job training program. (ii) Approval by the Secretary In the case of a program that is seeking to establish eligibility as an eligible job training program under this subparagraph, the Secretary shall make a determination about whether the program meets the requirements of this subparagraph not more than 60 days after the date on which such program is submitted for consideration as an eligible job training program. (iii) Additional assurance The Secretary shall not determine that a program is an eligible job training program in accordance with clause (ii) unless the Secretary receives a certification from the appropriate State board containing an assurance that the program meets the requirements of clause (i). (C) Institution of higher education The term institution of higher education means— (i) an institution of higher education, as defined in section 101; or (ii) a postsecondary vocational institution, as defined in section 102(c). (D) Institutional credit articulation The term institutional credit articulation means an institution of higher education provides a student who has completed a noncredit program with the equivalent academic credit that may be applied to a subsequent credit-bearing certificate or degree program upon enrollment in such program at such institution. (E) WIOA Definitions The terms industry or sector partnership , in-demand industry sector or occupation , recognized postsecondary credential , and State board have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. (2) In general For the award year beginning on July 1, 2023, and each subsequent award year, the Secretary shall carry out a program through which the Secretary shall award Federal Pell Grants to students in eligible job training programs (referred to as a job training Federal Pell Grant ). Each eligible job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as other Federal Pell Grants awarded under subsection (b), except as follows: (A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who— (i) has not yet attained a postbaccalaureate degree; (ii) attends an institution of higher education; (iii) is enrolled, or accepted for enrollment, in an eligible job training program at such institution of higher education; and (iv) meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in clause (iii)). (B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that notwithstanding subsection (b)(1)(B) a student who is eligible for less than the minimum Federal Pell Grant for an academic year in which the student is enrolled in an eligible program full time may still be eligible for a Federal Pell Grant. (3) Inclusion in total eligibility period Any period during which a student receives a job training 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 job training program at an eligible institution on less than a full-time basis.. (3) Effective date The amendment made by paragraph (2) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), as amended by the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), and subject to the effective date of section 701(b) of such Act. (b) Accrediting agency recognition of eligible job training programs 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 participating in the job training 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 job training programs (as defined in that subsection)— (i) the agency or association’s standards include a process for determining if the institution has the capability to effectively offer an eligible job training program; and (ii) the agency or association requires a demonstration that the program— (I) has identified each recognized postsecondary credential offered and the corresponding industry or sector partnership that actively recognizes each credential in the relevant industry in the State or local area where the industry is located; and (II) provides the academic content and amount of instructional time that is sufficient to— (aa) meet the hiring requirements of potential employers; and (bb) satisfy any applicable educational prerequisites for professional licensure or certification requirements so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination that is needed to practice or find employment in an occupation that the program prepares students to enter.. (c) Interagency data sharing The Secretary of Education shall coordinate and enter into a data sharing agreement with the Secretary of Labor to ensure access to data related to indicators of performance collected under section 116 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141 ). Under such data sharing agreement, the Commissioner of the National Center for Education Statistics shall collect and review the contents of performance reports for eligible providers of training services described in section 116(d)(4) of that Act not less frequently than once each year. (d) Minimum Federal Pell Grant (1) In General Section 401(b)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(4) ) is amended by striking ten percent and inserting 5 percent. (2) FAFSA simplification (A) In General Section 401(a)(2)(F) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(a)(2)(F) ), as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), is further amended by striking ten percent and inserting 5 percent. (B) Effective date The amendment made by this paragraph shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and the FAFSA Simplification Act Technical Corrections Act ( Public Law 117–103 ), and subject to the effective date of section 701(b) of such Act. (e) Effective date Unless otherwise specified, this section, and the amendments made by this section, shall take effect on July 1, 2023.
16,564
[ "Education and the Workforce Committee" ]
118hr135ih
118
hr
135
ih
To provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2) of the Legislative Reorganization Act of 1946 in the year following any fiscal year in which outlays of the United States exceeded receipts of the United States.
[ { "text": "1. Short title \nThis Act may be cited as the No Pay Raise for Congress Act.", "id": "HCF0C8252C9784F59A220B48C0E34696C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to the Legislative Reorganization Act of 1946 \n(a) In general \nSection 601(a)(2) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501(2) ) is amended by adding at the end the following: (C) An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate outlays of the United States during the last completed fiscal year did not exceed the aggregate receipts of the United States during such fiscal year, as determined by the Congressional Budget Office.. (b) Technical amendment \nSection 601(a)(2)(A) of such Act ( 2 U.S.C. 4501(2)(A) ) is amended by striking Subject to subparagraph (B), and inserting Subject to subparagraphs (B) and (C),.", "id": "HE5B0E38DB20848D2A481FEE02051B752", "header": "Amendments to the Legislative Reorganization Act of 1946", "nested": [ { "text": "(a) In general \nSection 601(a)(2) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501(2) ) is amended by adding at the end the following: (C) An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate outlays of the United States during the last completed fiscal year did not exceed the aggregate receipts of the United States during such fiscal year, as determined by the Congressional Budget Office..", "id": "HB10D2B29121542B6A237612344741D88", "header": "In general", "nested": [], "links": [ { "text": "2 U.S.C. 4501(2)", "legal-doc": "usc", "parsable-cite": "usc/2/4501" } ] }, { "text": "(b) Technical amendment \nSection 601(a)(2)(A) of such Act ( 2 U.S.C. 4501(2)(A) ) is amended by striking Subject to subparagraph (B), and inserting Subject to subparagraphs (B) and (C),.", "id": "H5C03610FE1A74B55BB60A26F3D0F3716", "header": "Technical amendment", "nested": [], "links": [ { "text": "2 U.S.C. 4501(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/2/4501" } ] } ], "links": [ { "text": "2 U.S.C. 4501(2)", "legal-doc": "usc", "parsable-cite": "usc/2/4501" }, { "text": "2 U.S.C. 4501(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/2/4501" } ] } ]
2
1. Short title This Act may be cited as the No Pay Raise for Congress Act. 2. Amendments to the Legislative Reorganization Act of 1946 (a) In general Section 601(a)(2) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501(2) ) is amended by adding at the end the following: (C) An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate outlays of the United States during the last completed fiscal year did not exceed the aggregate receipts of the United States during such fiscal year, as determined by the Congressional Budget Office.. (b) Technical amendment Section 601(a)(2)(A) of such Act ( 2 U.S.C. 4501(2)(A) ) is amended by striking Subject to subparagraph (B), and inserting Subject to subparagraphs (B) and (C),.
772
[ "Oversight and Accountability Committee", "Committee on House Administration" ]
118hr3714ih
118
hr
3,714
ih
To amend the Immigration and Nationality Act to extend honorary citizenship to otherwise qualified noncitizens who enlisted in the Philippines and died while serving on active duty with the United States Armed Forces during certain periods of hostilities, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Corporal Fernando Ruiz Baltazar Posthumous Citizenship Act of 2023.", "id": "H4EAF1F4F2A63485CB254389B39B0D138", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Granting of posthumous citizenship to otherwise qualified noncitizens who enlisted in the Philippines \n(a) In General \nSection 329A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1440–1(b) ) is amended to read as follows: (b) Noncitizens eligible for posthumous citizenship \n(1) In general \nA person referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States— (A) served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 329(a); (B) died as a result of injury or disease incurred in or aggravated by that service; and (C) either— (i) satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a); or (ii) enlisted, reenlisted, extended enlistment, or was inducted in the Philippines and died during the period beginning September 1, 1939, and ending December 31, 1946. (2) Determination of satisfaction of requirements \nThe executive department under which a person described in paragraph (1) served shall determine whether the person satisfied the requirements of subparagraphs (A), (B), and (C)(ii) of paragraph (1). (3) Posthumous benefits \nIn the case of a person to which paragraph (1)(C)(ii) applies— (A) section 319(d) shall not apply; and (B) section 1703 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1693; 8 U.S.C. 1151 note) shall not apply.. (b) Conforming Amendments \nSection 329A(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1440–1(c)(2) ) is amended— (1) in subparagraph (A)(i), by inserting (or, in the case of an individual to which clause (ii) of subsection (b)(1)(C) applies, the date of the enactment of such clause (ii)) after the date of enactment of this section ; (2) by striking subparagraph (B) and inserting the following new subparagraph: (B) the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the requirements of— (i) subparagraphs (A) and (B) of subsection (b)(1); and (ii) if applicable, subparagraph (C)(ii) of subsection (b)(1); and ; and (3) in subparagraph (C), by striking of subsection (b)(3) and inserting of subsection (b)(1)(C)(i).", "id": "H25DAD0ECCDE84962BF0CFFB11F52792C", "header": "Granting of posthumous citizenship to otherwise qualified noncitizens who enlisted in the Philippines", "nested": [ { "text": "(a) In General \nSection 329A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1440–1(b) ) is amended to read as follows: (b) Noncitizens eligible for posthumous citizenship \n(1) In general \nA person referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States— (A) served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 329(a); (B) died as a result of injury or disease incurred in or aggravated by that service; and (C) either— (i) satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a); or (ii) enlisted, reenlisted, extended enlistment, or was inducted in the Philippines and died during the period beginning September 1, 1939, and ending December 31, 1946. (2) Determination of satisfaction of requirements \nThe executive department under which a person described in paragraph (1) served shall determine whether the person satisfied the requirements of subparagraphs (A), (B), and (C)(ii) of paragraph (1). (3) Posthumous benefits \nIn the case of a person to which paragraph (1)(C)(ii) applies— (A) section 319(d) shall not apply; and (B) section 1703 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1693; 8 U.S.C. 1151 note) shall not apply..", "id": "H43F9FAF4E10C4ADE8B3363A6A1ED90BB", "header": "In General", "nested": [], "links": [ { "text": "8 U.S.C. 1440–1(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1440-1" }, { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" }, { "text": "8 U.S.C. 1151", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(b) Conforming Amendments \nSection 329A(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1440–1(c)(2) ) is amended— (1) in subparagraph (A)(i), by inserting (or, in the case of an individual to which clause (ii) of subsection (b)(1)(C) applies, the date of the enactment of such clause (ii)) after the date of enactment of this section ; (2) by striking subparagraph (B) and inserting the following new subparagraph: (B) the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the requirements of— (i) subparagraphs (A) and (B) of subsection (b)(1); and (ii) if applicable, subparagraph (C)(ii) of subsection (b)(1); and ; and (3) in subparagraph (C), by striking of subsection (b)(3) and inserting of subsection (b)(1)(C)(i).", "id": "H1E30484D727E4021B1779F26F53876AA", "header": "Conforming Amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1440–1(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1440-1" } ] } ], "links": [ { "text": "8 U.S.C. 1440–1(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1440-1" }, { "text": "Public Law 108–136", "legal-doc": "public-law", "parsable-cite": "pl/108/136" }, { "text": "8 U.S.C. 1151", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1440–1(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1440-1" } ] } ]
2
1. Short title This Act may be cited as the Corporal Fernando Ruiz Baltazar Posthumous Citizenship Act of 2023. 2. Granting of posthumous citizenship to otherwise qualified noncitizens who enlisted in the Philippines (a) In General Section 329A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1440–1(b) ) is amended to read as follows: (b) Noncitizens eligible for posthumous citizenship (1) In general A person referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States— (A) served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 329(a); (B) died as a result of injury or disease incurred in or aggravated by that service; and (C) either— (i) satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a); or (ii) enlisted, reenlisted, extended enlistment, or was inducted in the Philippines and died during the period beginning September 1, 1939, and ending December 31, 1946. (2) Determination of satisfaction of requirements The executive department under which a person described in paragraph (1) served shall determine whether the person satisfied the requirements of subparagraphs (A), (B), and (C)(ii) of paragraph (1). (3) Posthumous benefits In the case of a person to which paragraph (1)(C)(ii) applies— (A) section 319(d) shall not apply; and (B) section 1703 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 117 Stat. 1693; 8 U.S.C. 1151 note) shall not apply.. (b) Conforming Amendments Section 329A(c)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1440–1(c)(2) ) is amended— (1) in subparagraph (A)(i), by inserting (or, in the case of an individual to which clause (ii) of subsection (b)(1)(C) applies, the date of the enactment of such clause (ii)) after the date of enactment of this section ; (2) by striking subparagraph (B) and inserting the following new subparagraph: (B) the request is accompanied by a duly authenticated certificate from the executive department under which the person served which states that the person satisfied the requirements of— (i) subparagraphs (A) and (B) of subsection (b)(1); and (ii) if applicable, subparagraph (C)(ii) of subsection (b)(1); and ; and (3) in subparagraph (C), by striking of subsection (b)(3) and inserting of subsection (b)(1)(C)(i).
2,445
[ "Judiciary Committee" ]
118hr209ih
118
hr
209
ih
To improve the permitting process for mining on Federal land, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Permitting for Mining Needs Act of 2023.", "id": "H0CCF4A618BC14206ADEEE20BFE7572A5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Byproduct \nThe term byproduct has the meaning given such term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (2) Indian tribe \nThe 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) Mineral \nThe term mineral means any mineral of a kind that is locatable (including, but not limited to, such minerals located on lands acquired by the United States , as such term is defined in section 2 of the Mineral Leasing Act for Acquired Lands) under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91). (4) Secretary \nExcept as otherwise provided, the term Secretary means the Secretary of the Interior. (5) State \nThe term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands.", "id": "HC74C397EF0BB45E4816B9DF560EA519B", "header": "Definitions", "nested": [], "links": [ { "text": "30 U.S.C. 1606(a)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "3. Minerals supply chain and reliability \nSection 40206 of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 ) is amended— (1) in the section heading, by striking Critical minerals and inserting Minerals ; (2) by amending subsection (a) to read as follows: (a) Definitions \nIn this section: (1) Lead agency \nThe term lead agency means the Federal agency with primary responsibility for issuing a mineral exploration or mine permit or lease for a mineral project. (2) Mineral \nThe term mineral has the meaning given such term in section 2 of the Permitting for Mining Needs Act of 2023. (3) Mineral exploration or mine permit \nThe term mineral exploration or mine permit means— (A) an authorization of the Bureau of Land Management or the Forest Service, as applicable, for exploration for minerals that requires analysis under the National Environmental Policy Act of 1969; (B) a plan of operations for a mineral project approved by the Bureau of Land Management or the Forest Service; or (C) any other Federal permit or authorization for a mineral project. (4) Mineral project \nThe term mineral project means a project— (A) located on— (i) a mining claim, millsite claim, or tunnel site claim for any mineral; (ii) lands open to mineral entry; or (iii) a Federal mineral lease; and (B) for the purposes of exploring for or producing minerals. ; (3) in subsection (b), by striking critical each place such term appears; (4) in subsection (c)— (A) by striking critical mineral production on Federal land and inserting mineral projects ; (B) by inserting , and in accordance with subsection (h) after to the maximum extent practicable ; (C) by striking shall complete the and inserting shall complete such ; (D) in paragraph (1), by striking critical mineral-related activities on Federal land and inserting mineral projects ; (E) in paragraph (8), by striking the and at the end; (F) in paragraph (9), by striking procedures. and inserting procedures; and ; and (G) by adding at the end the following: (10) deferring to and relying on baseline data, analyses, and reviews performed by State agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project. ; (5) in subsection (d)— (A) by striking critical each place such term appears; and (B) in paragraph (3), by striking mineral-related activities on Federal land and inserting mineral projects ; (6) in subsection (e), by striking critical ; (7) in subsection (f), by striking critical each place such term appears; (8) in subsection (g), by striking critical each place such term appears; and (9) by adding at the end the following: (h) Other requirements \n(1) Memorandum of agreement \nFor purposes of maximizing efficiency and effectiveness of the Federal permitting and review processes described under subsection (c), the lead agency in the Federal permitting and review processes of a mineral project shall (in consultation with any other Federal agency involved in such Federal permitting and review processes, and upon request of the project applicant, an affected State government, local government, or an Indian Tribe, or other entity such lead agency determines appropriate) enter into a memorandum of agreement with a project applicant where requested by applicant to carry out the activities described in subsection (c). (2) Timelines and schedules for NEPA reviews \n(A) Deadlines \nAny timelines or schedules established under subsection (c)(1) relating to a review under section 102(2)(C) of the National Environmental Policy Act of 1969 shall require that the review process not exceed— (i) 12 months for an environmental assessment; and (ii) 24 months for an environmental impact statement. (B) Extension \nA project applicant may enter into 1 or more agreements with a lead agency to extend the deadlines described in clauses (i) and (ii) of subparagraph (A) by, with respect to each such agreement, not more than 6 months. (C) Adjustment of timelines \nAt the request of a project applicant, the lead agency and any other entity which is a signatory to a memorandum of agreement under paragraph (1) may, by unanimous agreement, adjust— (i) any deadlines described in subparagraph (A); and (ii) any deadlines extended under subparagraph (B). (3) Document prepared by project applicant \nThe lead agency with respect to a mineral project may adopt an environmental impact statement or environmental assessment prepared by or for a project applicant with respect to such project if such document fulfills the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969. (4) Effect on pending applications \nUpon a written request by a project applicant, the requirements of this subsection shall apply to any application for a mineral exploration or mine permit or mineral lease that was submitted before the date of the enactment of the Permitting for Mining Needs Act of 2023..", "id": "H9EEC4D0A238A480B8F39B2490A901853", "header": "Minerals supply chain and reliability", "nested": [], "links": [ { "text": "30 U.S.C. 1607", "legal-doc": "usc", "parsable-cite": "usc/30/1607" } ] }, { "text": "4. Federal register process improvement \nSection 7002(f) of the Energy Act of 2020 ( 30 U.S.C. 1606(f) ) is amended— (1) in paragraph (2), by striking critical both places such term appears; and (2) by striking paragraph (4).", "id": "HAAC37DC5FF204061BAD70ABE4268A11A", "header": "Federal register process improvement", "nested": [], "links": [ { "text": "30 U.S.C. 1606(f)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" } ] }, { "text": "5. Designation of mining as a covered sector for Federal permitting improvement purposes \nSection 41001(6)(A) of the FAST Act ( 42 U.S.C. 4370m(6)(A) ) is amended by inserting minerals production, before or any other sector.", "id": "H82F82C2A98374558805A206C75C5C2CF", "header": "Designation of mining as a covered sector for Federal permitting improvement purposes", "nested": [], "links": [ { "text": "42 U.S.C. 4370m(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/4370m" } ] }, { "text": "6. Treatment of actions under presidential determination 2022–11 for Federal permitting improvement purposes \n(a) In general \nExcept as provided by subsection (c), an action described in subsection (b) shall be— (1) treated as a covered project, as defined in section 41001(6) of the Fixing America’s Surface Transportation Act ( 42 U.S.C. 4370m(6) ), without regard to the requirements of that section; and (2) included in the Permitting Dashboard maintained pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m–2(b) ). (b) Actions described \nAn action described in this subsection is an action taken by the Secretary of Defense pursuant to Presidential Determination 2022–11 (87 Fed. Reg. 19775; relating to certain actions under section 303 of the Defense Production Act of 1950) to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities through— (1) supporting feasibility studies for mature mining, beneficiation, and value-added processing projects; (2) byproduct and co-product production at existing mining, mine waste reclamation, and other industrial facilities; (3) modernization of mining, beneficiation, and value-added processing to increase productivity, environmental sustainability, and workforce safety; or (4) any other activity authorized under section 303(a)(1) of the Defense Production Act of 1950 15 ( 50 U.S.C. 4533(a)(1) ). (c) Exception \nAn action described in subsection (b) may not be treated as a covered project or be included in the Permitting Dashboard under subsection (a) if the project sponsor (as defined in section 41001(18) of the Fixing America’s Surface Transportation Act ( 42 U.S.C. 4370m(18) )) requests that the action not be treated as a covered project.", "id": "H830A608B2B82434793603CE2B90DC156", "header": "Treatment of actions under presidential determination 2022–11 for Federal permitting improvement purposes", "nested": [ { "text": "(a) In general \nExcept as provided by subsection (c), an action described in subsection (b) shall be— (1) treated as a covered project, as defined in section 41001(6) of the Fixing America’s Surface Transportation Act ( 42 U.S.C. 4370m(6) ), without regard to the requirements of that section; and (2) included in the Permitting Dashboard maintained pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m–2(b) ).", "id": "H5A34700F67CC497C9547650A2B4F3A11", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 4370m(6)", "legal-doc": "usc", "parsable-cite": "usc/42/4370m" }, { "text": "13 U.S.C. 4370m–2(b)", "legal-doc": "usc", "parsable-cite": "usc/13/4370m-2" } ] }, { "text": "(b) Actions described \nAn action described in this subsection is an action taken by the Secretary of Defense pursuant to Presidential Determination 2022–11 (87 Fed. Reg. 19775; relating to certain actions under section 303 of the Defense Production Act of 1950) to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities through— (1) supporting feasibility studies for mature mining, beneficiation, and value-added processing projects; (2) byproduct and co-product production at existing mining, mine waste reclamation, and other industrial facilities; (3) modernization of mining, beneficiation, and value-added processing to increase productivity, environmental sustainability, and workforce safety; or (4) any other activity authorized under section 303(a)(1) of the Defense Production Act of 1950 15 ( 50 U.S.C. 4533(a)(1) ).", "id": "HE052CF1A273144F89778B32D5A53E11B", "header": "Actions described", "nested": [], "links": [ { "text": "50 U.S.C. 4533(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/50/4533" } ] }, { "text": "(c) Exception \nAn action described in subsection (b) may not be treated as a covered project or be included in the Permitting Dashboard under subsection (a) if the project sponsor (as defined in section 41001(18) of the Fixing America’s Surface Transportation Act ( 42 U.S.C. 4370m(18) )) requests that the action not be treated as a covered project.", "id": "H2F275471EBA44633A118A2B33633ECE6", "header": "Exception", "nested": [], "links": [ { "text": "42 U.S.C. 4370m(18)", "legal-doc": "usc", "parsable-cite": "usc/42/4370m" } ] } ], "links": [ { "text": "42 U.S.C. 4370m(6)", "legal-doc": "usc", "parsable-cite": "usc/42/4370m" }, { "text": "13 U.S.C. 4370m–2(b)", "legal-doc": "usc", "parsable-cite": "usc/13/4370m-2" }, { "text": "50 U.S.C. 4533(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/50/4533" }, { "text": "42 U.S.C. 4370m(18)", "legal-doc": "usc", "parsable-cite": "usc/42/4370m" } ] }, { "text": "7. Mineral exploration activities with limited surface disturbance \nNotwithstanding any other provision of law, not later than 15 calendar days after receiving a notice in such time, place, and manner as the applicable Secretary determines appropriate describing the exploration activities and subsequent reclamation activities, the Secretary of the Interior with respect to lands administered by the Secretary, and the Secretary of Agriculture with respect to National Forest System lands, shall— (1) review and determine completeness of the notice; and (2) allow mineral exploration activities other than casual use to proceed if— (A) the surface disturbance on Federal land will not exceed 5 acres; (B) the Secretary determines that the notice is complete; and (C) financial assurance is provided.", "id": "H24ACCCB77ED64600B777179B0FBF044B", "header": "Mineral exploration activities with limited surface disturbance", "nested": [], "links": [] }, { "text": "8. Use of mining claims for ancillary activities \nSection 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: (e) Security of tenure \n(1) In general \n(A) In general \nA claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) such claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver under subsection (d), such claimant makes a timely payment of the location fee and complies with the required assessment work under the general mining laws. (B) Operations defined \nFor the purposes of this paragraph, the term operations means— (i) any activity or work carried out in connection with prospecting, exploration, processing, discovery and assessment, development, or extraction with respect to a locatable mineral; (ii) the reclamation of an area disturbed by an activity described in subparagraph (A); and (iii) any activity reasonably incident to an activity described in subparagraphs (A) or (B), whether on a mining claim or not, including the construction and maintenance of facilities, roads, transmission lines, pipelines, and any other necessary infrastructure or means of access on public land. (2) Fulfillment of Federal Land Policy and Management Act \nA claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy the requirements of any provision of the Federal Land Policy and Management Act that requires the payment of fair market value to the United States for use of public lands and resources relating to use of such lands and resources authorized by the general mining laws. (3) Savings clause \nNothing in this subsection may be construed to diminish— (A) the rights of entry, use, and occupancy of a claimant under the general mining laws; or (B) the rights of a claimant under the general mining laws..", "id": "HD8218E6E59E94B50AE6F600166336319", "header": "Use of mining claims for ancillary activities", "nested": [], "links": [ { "text": "30 U.S.C. 28f", "legal-doc": "usc", "parsable-cite": "usc/30/28f" } ] }, { "text": "9. Ensuring consideration of uranium as a critical mineral \n(a) In general \nSection 7002(a)(3)(B)(i) of the Energy Act of 2020 ( 30 U.S.C. 1606(a)(3)(B)(i) ) is amended to read as follows: (i) oil, oil shale, coal, or natural gas;. (b) Update \nNot later than 60 days after the date of the enactment of this section, the Secretary, acting through the Director of the United States Geological Survey, shall publish in the Federal Register an update to the final list established in section 7002(c)(3) of the Energy Act of 2020 ( 30 U.S.C. 1606(c)(3) ) in accordance with subsection (a) of this section.", "id": "HC8075046D0B14B4FB16E10684F592052", "header": "Ensuring consideration of uranium as a critical mineral", "nested": [ { "text": "(a) In general \nSection 7002(a)(3)(B)(i) of the Energy Act of 2020 ( 30 U.S.C. 1606(a)(3)(B)(i) ) is amended to read as follows: (i) oil, oil shale, coal, or natural gas;.", "id": "H8CDF4B8063514F0B89BCD1D60E0D7380", "header": "In general", "nested": [], "links": [ { "text": "30 U.S.C. 1606(a)(3)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" } ] }, { "text": "(b) Update \nNot later than 60 days after the date of the enactment of this section, the Secretary, acting through the Director of the United States Geological Survey, shall publish in the Federal Register an update to the final list established in section 7002(c)(3) of the Energy Act of 2020 ( 30 U.S.C. 1606(c)(3) ) in accordance with subsection (a) of this section.", "id": "H7B43DD064352417988E311930D01AE46", "header": "Update", "nested": [], "links": [ { "text": "30 U.S.C. 1606(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" } ] } ], "links": [ { "text": "30 U.S.C. 1606(a)(3)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" }, { "text": "30 U.S.C. 1606(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/30/1606" } ] }, { "text": "10. Limitation on judicial review \n(a) In general \nNotwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal lead agency for a mining project shall be barred unless it is filed not later than 120 days after the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. (b) Savings clause \nNothing in this section shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or approval.", "id": "HC317EA31E30749C59A396702A93E477D", "header": "Limitation on judicial review", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal lead agency for a mining project shall be barred unless it is filed not later than 120 days after the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed.", "id": "HA86C9DFE82794D98AFD8A52A4036AC99", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Savings clause \nNothing in this section shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or approval.", "id": "HBC08736523D144BAB1BEC6DC31B909FA", "header": "Savings clause", "nested": [], "links": [] } ], "links": [] } ]
10
1. Short title This Act may be cited as the Permitting for Mining Needs Act of 2023. 2. Definitions In this Act: (1) Byproduct The term byproduct has the meaning given such term in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (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) Mineral The term mineral means any mineral of a kind that is locatable (including, but not limited to, such minerals located on lands acquired by the United States , as such term is defined in section 2 of the Mineral Leasing Act for Acquired Lands) under the Act of May 10, 1872 (Chapter 152; 17 Stat. 91). (4) Secretary Except as otherwise provided, the term Secretary means the Secretary of the Interior. (5) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) Guam; (E) American Samoa; (F) the Commonwealth of the Northern Mariana Islands; and (G) the United States Virgin Islands. 3. Minerals supply chain and reliability Section 40206 of the Infrastructure Investment and Jobs Act ( 30 U.S.C. 1607 ) is amended— (1) in the section heading, by striking Critical minerals and inserting Minerals ; (2) by amending subsection (a) to read as follows: (a) Definitions In this section: (1) Lead agency The term lead agency means the Federal agency with primary responsibility for issuing a mineral exploration or mine permit or lease for a mineral project. (2) Mineral The term mineral has the meaning given such term in section 2 of the Permitting for Mining Needs Act of 2023. (3) Mineral exploration or mine permit The term mineral exploration or mine permit means— (A) an authorization of the Bureau of Land Management or the Forest Service, as applicable, for exploration for minerals that requires analysis under the National Environmental Policy Act of 1969; (B) a plan of operations for a mineral project approved by the Bureau of Land Management or the Forest Service; or (C) any other Federal permit or authorization for a mineral project. (4) Mineral project The term mineral project means a project— (A) located on— (i) a mining claim, millsite claim, or tunnel site claim for any mineral; (ii) lands open to mineral entry; or (iii) a Federal mineral lease; and (B) for the purposes of exploring for or producing minerals. ; (3) in subsection (b), by striking critical each place such term appears; (4) in subsection (c)— (A) by striking critical mineral production on Federal land and inserting mineral projects ; (B) by inserting , and in accordance with subsection (h) after to the maximum extent practicable ; (C) by striking shall complete the and inserting shall complete such ; (D) in paragraph (1), by striking critical mineral-related activities on Federal land and inserting mineral projects ; (E) in paragraph (8), by striking the and at the end; (F) in paragraph (9), by striking procedures. and inserting procedures; and ; and (G) by adding at the end the following: (10) deferring to and relying on baseline data, analyses, and reviews performed by State agencies with jurisdiction over the environmental or reclamation permits for the proposed mineral project. ; (5) in subsection (d)— (A) by striking critical each place such term appears; and (B) in paragraph (3), by striking mineral-related activities on Federal land and inserting mineral projects ; (6) in subsection (e), by striking critical ; (7) in subsection (f), by striking critical each place such term appears; (8) in subsection (g), by striking critical each place such term appears; and (9) by adding at the end the following: (h) Other requirements (1) Memorandum of agreement For purposes of maximizing efficiency and effectiveness of the Federal permitting and review processes described under subsection (c), the lead agency in the Federal permitting and review processes of a mineral project shall (in consultation with any other Federal agency involved in such Federal permitting and review processes, and upon request of the project applicant, an affected State government, local government, or an Indian Tribe, or other entity such lead agency determines appropriate) enter into a memorandum of agreement with a project applicant where requested by applicant to carry out the activities described in subsection (c). (2) Timelines and schedules for NEPA reviews (A) Deadlines Any timelines or schedules established under subsection (c)(1) relating to a review under section 102(2)(C) of the National Environmental Policy Act of 1969 shall require that the review process not exceed— (i) 12 months for an environmental assessment; and (ii) 24 months for an environmental impact statement. (B) Extension A project applicant may enter into 1 or more agreements with a lead agency to extend the deadlines described in clauses (i) and (ii) of subparagraph (A) by, with respect to each such agreement, not more than 6 months. (C) Adjustment of timelines At the request of a project applicant, the lead agency and any other entity which is a signatory to a memorandum of agreement under paragraph (1) may, by unanimous agreement, adjust— (i) any deadlines described in subparagraph (A); and (ii) any deadlines extended under subparagraph (B). (3) Document prepared by project applicant The lead agency with respect to a mineral project may adopt an environmental impact statement or environmental assessment prepared by or for a project applicant with respect to such project if such document fulfills the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969. (4) Effect on pending applications Upon a written request by a project applicant, the requirements of this subsection shall apply to any application for a mineral exploration or mine permit or mineral lease that was submitted before the date of the enactment of the Permitting for Mining Needs Act of 2023.. 4. Federal register process improvement Section 7002(f) of the Energy Act of 2020 ( 30 U.S.C. 1606(f) ) is amended— (1) in paragraph (2), by striking critical both places such term appears; and (2) by striking paragraph (4). 5. Designation of mining as a covered sector for Federal permitting improvement purposes Section 41001(6)(A) of the FAST Act ( 42 U.S.C. 4370m(6)(A) ) is amended by inserting minerals production, before or any other sector. 6. Treatment of actions under presidential determination 2022–11 for Federal permitting improvement purposes (a) In general Except as provided by subsection (c), an action described in subsection (b) shall be— (1) treated as a covered project, as defined in section 41001(6) of the Fixing America’s Surface Transportation Act ( 42 U.S.C. 4370m(6) ), without regard to the requirements of that section; and (2) included in the Permitting Dashboard maintained pursuant to section 41003(b) of that Act (42 13 U.S.C. 4370m–2(b) ). (b) Actions described An action described in this subsection is an action taken by the Secretary of Defense pursuant to Presidential Determination 2022–11 (87 Fed. Reg. 19775; relating to certain actions under section 303 of the Defense Production Act of 1950) to create, maintain, protect, expand, or restore sustainable and responsible domestic production capabilities through— (1) supporting feasibility studies for mature mining, beneficiation, and value-added processing projects; (2) byproduct and co-product production at existing mining, mine waste reclamation, and other industrial facilities; (3) modernization of mining, beneficiation, and value-added processing to increase productivity, environmental sustainability, and workforce safety; or (4) any other activity authorized under section 303(a)(1) of the Defense Production Act of 1950 15 ( 50 U.S.C. 4533(a)(1) ). (c) Exception An action described in subsection (b) may not be treated as a covered project or be included in the Permitting Dashboard under subsection (a) if the project sponsor (as defined in section 41001(18) of the Fixing America’s Surface Transportation Act ( 42 U.S.C. 4370m(18) )) requests that the action not be treated as a covered project. 7. Mineral exploration activities with limited surface disturbance Notwithstanding any other provision of law, not later than 15 calendar days after receiving a notice in such time, place, and manner as the applicable Secretary determines appropriate describing the exploration activities and subsequent reclamation activities, the Secretary of the Interior with respect to lands administered by the Secretary, and the Secretary of Agriculture with respect to National Forest System lands, shall— (1) review and determine completeness of the notice; and (2) allow mineral exploration activities other than casual use to proceed if— (A) the surface disturbance on Federal land will not exceed 5 acres; (B) the Secretary determines that the notice is complete; and (C) financial assurance is provided. 8. Use of mining claims for ancillary activities Section 10101 of the Omnibus Budget Reconciliation Act of 1993 ( 30 U.S.C. 28f ) is amended by adding at the end the following: (e) Security of tenure (1) In general (A) In general A claimant shall have the right to use, occupy, and conduct operations on public land, with or without the discovery of a valuable mineral deposit, if— (i) such claimant makes a timely payment of the location fee required by section 10102 and the claim maintenance fee required by subsection (a); or (ii) in the case of a claimant who qualifies for a waiver under subsection (d), such claimant makes a timely payment of the location fee and complies with the required assessment work under the general mining laws. (B) Operations defined For the purposes of this paragraph, the term operations means— (i) any activity or work carried out in connection with prospecting, exploration, processing, discovery and assessment, development, or extraction with respect to a locatable mineral; (ii) the reclamation of an area disturbed by an activity described in subparagraph (A); and (iii) any activity reasonably incident to an activity described in subparagraphs (A) or (B), whether on a mining claim or not, including the construction and maintenance of facilities, roads, transmission lines, pipelines, and any other necessary infrastructure or means of access on public land. (2) Fulfillment of Federal Land Policy and Management Act A claimant that fulfills the requirements of this section and section 10102 shall be deemed to satisfy the requirements of any provision of the Federal Land Policy and Management Act that requires the payment of fair market value to the United States for use of public lands and resources relating to use of such lands and resources authorized by the general mining laws. (3) Savings clause Nothing in this subsection may be construed to diminish— (A) the rights of entry, use, and occupancy of a claimant under the general mining laws; or (B) the rights of a claimant under the general mining laws.. 9. Ensuring consideration of uranium as a critical mineral (a) In general Section 7002(a)(3)(B)(i) of the Energy Act of 2020 ( 30 U.S.C. 1606(a)(3)(B)(i) ) is amended to read as follows: (i) oil, oil shale, coal, or natural gas;. (b) Update Not later than 60 days after the date of the enactment of this section, the Secretary, acting through the Director of the United States Geological Survey, shall publish in the Federal Register an update to the final list established in section 7002(c)(3) of the Energy Act of 2020 ( 30 U.S.C. 1606(c)(3) ) in accordance with subsection (a) of this section. 10. Limitation on judicial review (a) In general Notwithstanding any other provision of law, a claim arising under Federal law seeking judicial review of a permit, license, or approval issued by a Federal lead agency for a mining project shall be barred unless it is filed not later than 120 days after the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. (b) Savings clause Nothing in this section shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or approval.
12,370
[ "Natural Resources Committee", "Agriculture Committee" ]
118hr343ih
118
hr
343
ih
To prohibit United States assessed and voluntary contributions to the World Health Organization.
[ { "text": "1. Short title \nThis Act may be cited as the No Taxpayer Funding for the World Health Organization Act.", "id": "H196702AF843642E7ABA7C1ABEF9C6DCD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on assessed and voluntary contributions to the World Health Organization \nNotwithstanding any other provision of law, effective on the date of the enactment of this Act, the United States may not provide any assessed or voluntary contributions to the World Health Organization.", "id": "H2F0687C192E246AA9E234501D21D67B6", "header": "Prohibition on assessed and voluntary contributions to the World Health Organization", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the No Taxpayer Funding for the World Health Organization Act. 2. Prohibition on assessed and voluntary contributions to the World Health Organization Notwithstanding any other provision of law, effective on the date of the enactment of this Act, the United States may not provide any assessed or voluntary contributions to the World Health Organization.
396
[ "Foreign Affairs Committee" ]
118hr1318eh
118
hr
1,318
eh
To authorize the location of a monument on the National Mall to commemorate and honor the women’s suffrage movement and the passage of the 19th Amendment to the Constitution, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Women’s Suffrage National Monument Location Act.", "id": "H053725B6912742F5BAF91561666995A6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Women’s Suffrage National Monument \n(a) Site \nNotwithstanding section 8908(c) of title 40, United States Code, the Women’s Suffrage National Monument shall be located within the Reserve. (b) Applicability of Commemorative Works Act \nExcept as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Women’s Suffrage National Monument. (c) Definitions \nIn this section: (1) Women’s Suffrage National Monument \nThe term Women’s Suffrage National Monument means the commemorative work authorized to be established under Public Law 116–217 ( 40 U.S.C. 8903 note). (2) Reserve \nThe term Reserve has the meaning given such term in section 8902(a)(3) of title 40, United States Code.", "id": "HA7AFCCFC66F6429BAEA06D1A2F205870", "header": "Women’s Suffrage National Monument", "nested": [ { "text": "(a) Site \nNotwithstanding section 8908(c) of title 40, United States Code, the Women’s Suffrage National Monument shall be located within the Reserve.", "id": "H854A7F71040E410596E0AB27EBAEBABD", "header": "Site", "nested": [], "links": [] }, { "text": "(b) Applicability of Commemorative Works Act \nExcept as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Women’s Suffrage National Monument.", "id": "H7667A60A07A542A58911BCD0F610AF1E", "header": "Applicability of Commemorative Works Act", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/89" } ] }, { "text": "(c) Definitions \nIn this section: (1) Women’s Suffrage National Monument \nThe term Women’s Suffrage National Monument means the commemorative work authorized to be established under Public Law 116–217 ( 40 U.S.C. 8903 note). (2) Reserve \nThe term Reserve has the meaning given such term in section 8902(a)(3) of title 40, United States Code.", "id": "H6E2F1BC0D339486D9897A3D145C13FA1", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 116–217", "legal-doc": "public-law", "parsable-cite": "pl/116/217" }, { "text": "40 U.S.C. 8903", "legal-doc": "usc", "parsable-cite": "usc/40/8903" } ] } ], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/89" }, { "text": "Public Law 116–217", "legal-doc": "public-law", "parsable-cite": "pl/116/217" }, { "text": "40 U.S.C. 8903", "legal-doc": "usc", "parsable-cite": "usc/40/8903" } ] } ]
2
1. Short title This Act may be cited as the Women’s Suffrage National Monument Location Act. 2. Women’s Suffrage National Monument (a) Site Notwithstanding section 8908(c) of title 40, United States Code, the Women’s Suffrage National Monument shall be located within the Reserve. (b) Applicability of Commemorative Works Act Except as provided in subsection (a), chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ), shall apply to the Women’s Suffrage National Monument. (c) Definitions In this section: (1) Women’s Suffrage National Monument The term Women’s Suffrage National Monument means the commemorative work authorized to be established under Public Law 116–217 ( 40 U.S.C. 8903 note). (2) Reserve The term Reserve has the meaning given such term in section 8902(a)(3) of title 40, United States Code.
857
[ "Natural Resources Committee" ]
118hr2541ih
118
hr
2,541
ih
To prioritize the hiring and training of veterans and retired law enforcement officers as school resource officers, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Ensuring Safer Schools Act of 2023.", "id": "H413094E2238E4A73A905976AD7F2A1C2", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Uses of COPS grants to hire veterans and retired law enforcement officers as school resource officers \nSection 1701(b)(12) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b)(12) ) is amended by inserting , and the hiring and training of veterans and retired law enforcement officers to serve as school resource officers after offenses.", "id": "H9A3DC04214D145BC9DD28A51ACDD1021", "header": "Uses of COPS grants to hire veterans and retired law enforcement officers as school resource officers", "nested": [], "links": [ { "text": "34 U.S.C. 10381(b)(12)", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] }, { "text": "3. Preferential consideration of applications for certain grants \nSection 1701(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(c) ) is amended— (1) in paragraph (2), by striking or at the end; (2) in paragraph (3), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (3) the following: (4) for hiring and training veterans and retired law enforcement officers as school resource officers..", "id": "HE6EABB38C46A486295710DA55D5732AA", "header": "Preferential consideration of applications for certain grants", "nested": [], "links": [ { "text": "34 U.S.C. 10381(c)", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] }, { "text": "4. Technical assistance \nSection 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(d)(3) ) is amended by inserting after paragraph (3): (4) Mental Health Screening and Training \nThe Attorney General may provide technical assistance to States, units of local government, Indian tribal governments, and to other public and private entities using funds under this section for purposes described in subsection (b)(12) to provide school resource officers with an annual mental health screening and an annual training on tactics and response..", "id": "HB733E5C39D1E452DB9A128F2B30C4F43", "header": "Technical assistance", "nested": [], "links": [ { "text": "34 U.S.C. 10381(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] }, { "text": "5. Definitions \nSection 1709(4) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10389(4) ) is amended— (1) in the matter preceding subparagraph (A), by inserting , veteran, or retired law enforcement officer after career law enforcement officer ; (2) in subparagraph (F), by striking and at the end; (3) in subparagraph (G), by striking the period at the end and inserting ; and ; and (4) by inserting after subparagraph (G) the following: (H) to meet at least annually with students in order to increase familiarity between students and the officer and to foster community engagement..", "id": "HF5B04C3DCCA1456D89EAE6C849F108BA", "header": "Definitions", "nested": [], "links": [ { "text": "34 U.S.C. 10389(4)", "legal-doc": "usc", "parsable-cite": "usc/34/10389" } ] }, { "text": "6. Coordination with the Department of Veterans Affairs \nThe Secretary of Veterans Affairs shall coordinate with recipients of grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 et seq. ) to connect veterans seeking to serve as school resource officers (as such term is defined in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 1038 )) with local law enforcement agencies participating in school-based partnerships described in section 1701(b)(12) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b)(12) ).", "id": "H602F5FA228554F5C9B7503B9CE24EA31", "header": "Coordination with the Department of Veterans Affairs", "nested": [], "links": [ { "text": "34 U.S.C. 10381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10381" }, { "text": "34 U.S.C. 1038", "legal-doc": "usc", "parsable-cite": "usc/34/1038" }, { "text": "34 U.S.C. 10381(b)(12)", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] } ]
6
1. Short title This Act may be cited as the Ensuring Safer Schools Act of 2023. 2. Uses of COPS grants to hire veterans and retired law enforcement officers as school resource officers Section 1701(b)(12) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b)(12) ) is amended by inserting , and the hiring and training of veterans and retired law enforcement officers to serve as school resource officers after offenses. 3. Preferential consideration of applications for certain grants Section 1701(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(c) ) is amended— (1) in paragraph (2), by striking or at the end; (2) in paragraph (3), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (3) the following: (4) for hiring and training veterans and retired law enforcement officers as school resource officers.. 4. Technical assistance Section 1701(d) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(d)(3) ) is amended by inserting after paragraph (3): (4) Mental Health Screening and Training The Attorney General may provide technical assistance to States, units of local government, Indian tribal governments, and to other public and private entities using funds under this section for purposes described in subsection (b)(12) to provide school resource officers with an annual mental health screening and an annual training on tactics and response.. 5. Definitions Section 1709(4) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10389(4) ) is amended— (1) in the matter preceding subparagraph (A), by inserting , veteran, or retired law enforcement officer after career law enforcement officer ; (2) in subparagraph (F), by striking and at the end; (3) in subparagraph (G), by striking the period at the end and inserting ; and ; and (4) by inserting after subparagraph (G) the following: (H) to meet at least annually with students in order to increase familiarity between students and the officer and to foster community engagement.. 6. Coordination with the Department of Veterans Affairs The Secretary of Veterans Affairs shall coordinate with recipients of grants under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 et seq. ) to connect veterans seeking to serve as school resource officers (as such term is defined in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 1038 )) with local law enforcement agencies participating in school-based partnerships described in section 1701(b)(12) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381(b)(12) ).
2,715
[ "Veterans' Affairs Committee", "Education and the Workforce Committee", "Judiciary Committee" ]
118hr2182ih
118
hr
2,182
ih
To provide for a limitation on availability of funds for U.S. Department of Interior, Department-Wide Programs, Wildland Fire Management for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for U.S. Department of Interior, Department-Wide Programs, Wildland Fire Management for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for U.S. Department of Interior, Department-Wide Programs, Wildland Fire Management for fiscal year 2024 may not exceed $941,211,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for U.S. Department of Interior, Department-Wide Programs, Wildland Fire Management for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for U.S. Department of Interior, Department-Wide Programs, Wildland Fire Management for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for U.S. Department of Interior, Department-Wide Programs, Wildland Fire Management for fiscal year 2024 may not exceed $941,211,000.
387
[ "Natural Resources Committee" ]
118hr5260ih
118
hr
5,260
ih
To amend the National Defense Authorization Act for Fiscal Year 2021, to modify the prohibition on the acquisition by the Department of Defense of certain items containing a perfluoroalkyl substance or polyfluoroalkyl substance.
[ { "text": "1. Short title \nThis Act may be cited as the PFAS Free Military Purchasing Act.", "id": "H24F5E41845E24CF8BB01C08B26C76C8F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Restriction on Department of Defense acquisition of covered items containing or produced using certain substances \n(a) Modification \nSection 333 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 3062 note; 134 Stat. 3531) is amended to read as follows: 333. Restriction on Department of Defense acquisition of covered items containing or produced using certain substances \n(a) Prohibition beginning April 1, 2023 \n(1) Prohibition \nDuring the period beginning on April 1, 2023, and ending on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). (2) Covered item defined \nIn this subsection, the term covered item means— (A) nonstick cookware or cooking utensils for use in galleys or dining facilities; and (B) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings. (b) Prohibition beginning April 1, 2025 \n(1) Prohibition \nBeginning on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains or is produced using any of the following: (A) Perfluorooctane sulfonate (PFOS). (B) Perfluorooctanoic acid (PFOA). (C) Perfluorobutane sulfonate (PFBS). (D) Perfluorobutanoic acid (PFBA). (E) Perfluorohexanoic acid (PFHxA). (F) Perfluoroheptanoic acid (PFHpA). (G) Perfluorohexanesulfonic acid (PFHxS). (H) Perfluoroheptane sulfonic acid (PFHpS). (I) Perfluorononanoic acid (PFNA). (J) Perfluorodecanoic Acid (PFDA). (K) Perfluoroundecanoic acid (PFUnA). (L) Perfluorododecanoic acid (PFDoDA). (M) Perfluorooctanesulfonamide (PFOSA or FOSA). (N) Hexafluoropropylene Oxide (HFPO) Dimer Acid (GenX). (2) Implementation \nIn carrying out this subsection, the Secretary shall include the prohibition under paragraph (1) as a term in any contract or other agreement entered into on or after April 1, 2025, by the Secretary for the acquisition of a covered item. (3) Rule of construction \nNothing in this subsection shall be construed as— (A) requiring the disposal of, or otherwise affecting, covered items acquired by the Secretary of Defense prior to April 1, 2025; or (B) imposing an obligation on the Secretary to test covered items to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances. (4) Definitions \nIn this subsection: (A) The term covered item means— (i) non-stick cookware or food service ware for use in galleys or dining facilities; (ii) food packaging materials; (iii) cleaning products, including floor waxes; (iv) carpeting; (v) rugs, curtains, or upholstered furniture; (vi) sunscreen; (vii) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function; and (viii) such other items as may be determined by the Secretary. (B) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (C) The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.. (b) Annual reports \n(1) Reports \nNot later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a detailed description of the following: (A) Steps taken to identify covered items acquired by the Secretary of Defense that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances. (B) Steps taken to limit the acquisition by the Secretary of covered items that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances. (C) Planned steps of the Secretary to limit the acquisition of covered items that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances. (2) Definitions \nIn this subsection, the terms covered item , perfluoroalkyl substance , and polyfluoroalkyl substance have the meanings given those terms in section 333(b) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 3062 note; 134 Stat. 3531), as amended by subsection (a).", "id": "HCEF0609DBBA245D2A744ACAD4EC02721", "header": "Restriction on Department of Defense acquisition of covered items containing or produced using certain substances", "nested": [ { "text": "(a) Modification \nSection 333 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 3062 note; 134 Stat. 3531) is amended to read as follows: 333. Restriction on Department of Defense acquisition of covered items containing or produced using certain substances \n(a) Prohibition beginning April 1, 2023 \n(1) Prohibition \nDuring the period beginning on April 1, 2023, and ending on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). (2) Covered item defined \nIn this subsection, the term covered item means— (A) nonstick cookware or cooking utensils for use in galleys or dining facilities; and (B) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings. (b) Prohibition beginning April 1, 2025 \n(1) Prohibition \nBeginning on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains or is produced using any of the following: (A) Perfluorooctane sulfonate (PFOS). (B) Perfluorooctanoic acid (PFOA). (C) Perfluorobutane sulfonate (PFBS). (D) Perfluorobutanoic acid (PFBA). (E) Perfluorohexanoic acid (PFHxA). (F) Perfluoroheptanoic acid (PFHpA). (G) Perfluorohexanesulfonic acid (PFHxS). (H) Perfluoroheptane sulfonic acid (PFHpS). (I) Perfluorononanoic acid (PFNA). (J) Perfluorodecanoic Acid (PFDA). (K) Perfluoroundecanoic acid (PFUnA). (L) Perfluorododecanoic acid (PFDoDA). (M) Perfluorooctanesulfonamide (PFOSA or FOSA). (N) Hexafluoropropylene Oxide (HFPO) Dimer Acid (GenX). (2) Implementation \nIn carrying out this subsection, the Secretary shall include the prohibition under paragraph (1) as a term in any contract or other agreement entered into on or after April 1, 2025, by the Secretary for the acquisition of a covered item. (3) Rule of construction \nNothing in this subsection shall be construed as— (A) requiring the disposal of, or otherwise affecting, covered items acquired by the Secretary of Defense prior to April 1, 2025; or (B) imposing an obligation on the Secretary to test covered items to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances. (4) Definitions \nIn this subsection: (A) The term covered item means— (i) non-stick cookware or food service ware for use in galleys or dining facilities; (ii) food packaging materials; (iii) cleaning products, including floor waxes; (iv) carpeting; (v) rugs, curtains, or upholstered furniture; (vi) sunscreen; (vii) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function; and (viii) such other items as may be determined by the Secretary. (B) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (C) The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom..", "id": "H1014BAE8F8834290A2D96642399D805C", "header": "Modification", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 3062", "legal-doc": "usc", "parsable-cite": "usc/10/3062" } ] }, { "text": "(b) Annual reports \n(1) Reports \nNot later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a detailed description of the following: (A) Steps taken to identify covered items acquired by the Secretary of Defense that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances. (B) Steps taken to limit the acquisition by the Secretary of covered items that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances. (C) Planned steps of the Secretary to limit the acquisition of covered items that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances. (2) Definitions \nIn this subsection, the terms covered item , perfluoroalkyl substance , and polyfluoroalkyl substance have the meanings given those terms in section 333(b) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 3062 note; 134 Stat. 3531), as amended by subsection (a).", "id": "HBB5AB1620C1A483B87720B1A18E8F538", "header": "Annual reports", "nested": [], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 3062", "legal-doc": "usc", "parsable-cite": "usc/10/3062" } ] } ], "links": [ { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 3062", "legal-doc": "usc", "parsable-cite": "usc/10/3062" }, { "text": "Public Law 116–283", "legal-doc": "public-law", "parsable-cite": "pl/116/283" }, { "text": "10 U.S.C. 3062", "legal-doc": "usc", "parsable-cite": "usc/10/3062" } ] }, { "text": "333. Restriction on Department of Defense acquisition of covered items containing or produced using certain substances \n(a) Prohibition beginning April 1, 2023 \n(1) Prohibition \nDuring the period beginning on April 1, 2023, and ending on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). (2) Covered item defined \nIn this subsection, the term covered item means— (A) nonstick cookware or cooking utensils for use in galleys or dining facilities; and (B) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings. (b) Prohibition beginning April 1, 2025 \n(1) Prohibition \nBeginning on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains or is produced using any of the following: (A) Perfluorooctane sulfonate (PFOS). (B) Perfluorooctanoic acid (PFOA). (C) Perfluorobutane sulfonate (PFBS). (D) Perfluorobutanoic acid (PFBA). (E) Perfluorohexanoic acid (PFHxA). (F) Perfluoroheptanoic acid (PFHpA). (G) Perfluorohexanesulfonic acid (PFHxS). (H) Perfluoroheptane sulfonic acid (PFHpS). (I) Perfluorononanoic acid (PFNA). (J) Perfluorodecanoic Acid (PFDA). (K) Perfluoroundecanoic acid (PFUnA). (L) Perfluorododecanoic acid (PFDoDA). (M) Perfluorooctanesulfonamide (PFOSA or FOSA). (N) Hexafluoropropylene Oxide (HFPO) Dimer Acid (GenX). (2) Implementation \nIn carrying out this subsection, the Secretary shall include the prohibition under paragraph (1) as a term in any contract or other agreement entered into on or after April 1, 2025, by the Secretary for the acquisition of a covered item. (3) Rule of construction \nNothing in this subsection shall be construed as— (A) requiring the disposal of, or otherwise affecting, covered items acquired by the Secretary of Defense prior to April 1, 2025; or (B) imposing an obligation on the Secretary to test covered items to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances. (4) Definitions \nIn this subsection: (A) The term covered item means— (i) non-stick cookware or food service ware for use in galleys or dining facilities; (ii) food packaging materials; (iii) cleaning products, including floor waxes; (iv) carpeting; (v) rugs, curtains, or upholstered furniture; (vi) sunscreen; (vii) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function; and (viii) such other items as may be determined by the Secretary. (B) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (C) The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.", "id": "H2B6406EDB2C642BB966211CCC39661F7", "header": "Restriction on Department of Defense acquisition of covered items containing or produced using certain substances", "nested": [ { "text": "(a) Prohibition beginning April 1, 2023 \n(1) Prohibition \nDuring the period beginning on April 1, 2023, and ending on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). (2) Covered item defined \nIn this subsection, the term covered item means— (A) nonstick cookware or cooking utensils for use in galleys or dining facilities; and (B) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings.", "id": "H51316E786AD64091B9F3E57182C8DDA2", "header": "Prohibition beginning April 1, 2023", "nested": [], "links": [] }, { "text": "(b) Prohibition beginning April 1, 2025 \n(1) Prohibition \nBeginning on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains or is produced using any of the following: (A) Perfluorooctane sulfonate (PFOS). (B) Perfluorooctanoic acid (PFOA). (C) Perfluorobutane sulfonate (PFBS). (D) Perfluorobutanoic acid (PFBA). (E) Perfluorohexanoic acid (PFHxA). (F) Perfluoroheptanoic acid (PFHpA). (G) Perfluorohexanesulfonic acid (PFHxS). (H) Perfluoroheptane sulfonic acid (PFHpS). (I) Perfluorononanoic acid (PFNA). (J) Perfluorodecanoic Acid (PFDA). (K) Perfluoroundecanoic acid (PFUnA). (L) Perfluorododecanoic acid (PFDoDA). (M) Perfluorooctanesulfonamide (PFOSA or FOSA). (N) Hexafluoropropylene Oxide (HFPO) Dimer Acid (GenX). (2) Implementation \nIn carrying out this subsection, the Secretary shall include the prohibition under paragraph (1) as a term in any contract or other agreement entered into on or after April 1, 2025, by the Secretary for the acquisition of a covered item. (3) Rule of construction \nNothing in this subsection shall be construed as— (A) requiring the disposal of, or otherwise affecting, covered items acquired by the Secretary of Defense prior to April 1, 2025; or (B) imposing an obligation on the Secretary to test covered items to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances. (4) Definitions \nIn this subsection: (A) The term covered item means— (i) non-stick cookware or food service ware for use in galleys or dining facilities; (ii) food packaging materials; (iii) cleaning products, including floor waxes; (iv) carpeting; (v) rugs, curtains, or upholstered furniture; (vi) sunscreen; (vii) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function; and (viii) such other items as may be determined by the Secretary. (B) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (C) The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.", "id": "H0103262F5D3746D0A61BA9D3EEE50723", "header": "Prohibition beginning April 1, 2025", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the PFAS Free Military Purchasing Act. 2. Restriction on Department of Defense acquisition of covered items containing or produced using certain substances (a) Modification Section 333 of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 3062 note; 134 Stat. 3531) is amended to read as follows: 333. Restriction on Department of Defense acquisition of covered items containing or produced using certain substances (a) Prohibition beginning April 1, 2023 (1) Prohibition During the period beginning on April 1, 2023, and ending on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). (2) Covered item defined In this subsection, the term covered item means— (A) nonstick cookware or cooking utensils for use in galleys or dining facilities; and (B) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings. (b) Prohibition beginning April 1, 2025 (1) Prohibition Beginning on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains or is produced using any of the following: (A) Perfluorooctane sulfonate (PFOS). (B) Perfluorooctanoic acid (PFOA). (C) Perfluorobutane sulfonate (PFBS). (D) Perfluorobutanoic acid (PFBA). (E) Perfluorohexanoic acid (PFHxA). (F) Perfluoroheptanoic acid (PFHpA). (G) Perfluorohexanesulfonic acid (PFHxS). (H) Perfluoroheptane sulfonic acid (PFHpS). (I) Perfluorononanoic acid (PFNA). (J) Perfluorodecanoic Acid (PFDA). (K) Perfluoroundecanoic acid (PFUnA). (L) Perfluorododecanoic acid (PFDoDA). (M) Perfluorooctanesulfonamide (PFOSA or FOSA). (N) Hexafluoropropylene Oxide (HFPO) Dimer Acid (GenX). (2) Implementation In carrying out this subsection, the Secretary shall include the prohibition under paragraph (1) as a term in any contract or other agreement entered into on or after April 1, 2025, by the Secretary for the acquisition of a covered item. (3) Rule of construction Nothing in this subsection shall be construed as— (A) requiring the disposal of, or otherwise affecting, covered items acquired by the Secretary of Defense prior to April 1, 2025; or (B) imposing an obligation on the Secretary to test covered items to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances. (4) Definitions In this subsection: (A) The term covered item means— (i) non-stick cookware or food service ware for use in galleys or dining facilities; (ii) food packaging materials; (iii) cleaning products, including floor waxes; (iv) carpeting; (v) rugs, curtains, or upholstered furniture; (vi) sunscreen; (vii) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function; and (viii) such other items as may be determined by the Secretary. (B) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (C) The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.. (b) Annual reports (1) Reports Not later than 270 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing a detailed description of the following: (A) Steps taken to identify covered items acquired by the Secretary of Defense that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances. (B) Steps taken to limit the acquisition by the Secretary of covered items that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances. (C) Planned steps of the Secretary to limit the acquisition of covered items that contain or are produced using perfluoroalkyl substances or polyfluoroalkyl substances. (2) Definitions In this subsection, the terms covered item , perfluoroalkyl substance , and polyfluoroalkyl substance have the meanings given those terms in section 333(b) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ; 10 U.S.C. 3062 note; 134 Stat. 3531), as amended by subsection (a). 333. Restriction on Department of Defense acquisition of covered items containing or produced using certain substances (a) Prohibition beginning April 1, 2023 (1) Prohibition During the period beginning on April 1, 2023, and ending on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA). (2) Covered item defined In this subsection, the term covered item means— (A) nonstick cookware or cooking utensils for use in galleys or dining facilities; and (B) upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings. (b) Prohibition beginning April 1, 2025 (1) Prohibition Beginning on April 1, 2025, the Secretary of Defense may not acquire any covered item that contains or is produced using any of the following: (A) Perfluorooctane sulfonate (PFOS). (B) Perfluorooctanoic acid (PFOA). (C) Perfluorobutane sulfonate (PFBS). (D) Perfluorobutanoic acid (PFBA). (E) Perfluorohexanoic acid (PFHxA). (F) Perfluoroheptanoic acid (PFHpA). (G) Perfluorohexanesulfonic acid (PFHxS). (H) Perfluoroheptane sulfonic acid (PFHpS). (I) Perfluorononanoic acid (PFNA). (J) Perfluorodecanoic Acid (PFDA). (K) Perfluoroundecanoic acid (PFUnA). (L) Perfluorododecanoic acid (PFDoDA). (M) Perfluorooctanesulfonamide (PFOSA or FOSA). (N) Hexafluoropropylene Oxide (HFPO) Dimer Acid (GenX). (2) Implementation In carrying out this subsection, the Secretary shall include the prohibition under paragraph (1) as a term in any contract or other agreement entered into on or after April 1, 2025, by the Secretary for the acquisition of a covered item. (3) Rule of construction Nothing in this subsection shall be construed as— (A) requiring the disposal of, or otherwise affecting, covered items acquired by the Secretary of Defense prior to April 1, 2025; or (B) imposing an obligation on the Secretary to test covered items to confirm the absence of perfluoroalkyl substances or polyfluoroalkyl substances. (4) Definitions In this subsection: (A) The term covered item means— (i) non-stick cookware or food service ware for use in galleys or dining facilities; (ii) food packaging materials; (iii) cleaning products, including floor waxes; (iv) carpeting; (v) rugs, curtains, or upholstered furniture; (vi) sunscreen; (vii) shoes and clothing for which treatment with a perfluoroalkyl substance or polyfluoroalkyl substance is not necessary for an essential function; and (viii) such other items as may be determined by the Secretary. (B) The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (C) The term polyfluoroalkyl substance means a man-made chemical containing at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.
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To amend title 18, United States Code, to divert certain parents of minor children, expectant parents, and other caregivers from incarceration and into comprehensive programs providing resources, services, and training to those individuals.
[ { "text": "1. Short title \nThis Act may be cited as the Finding Alternatives to Mass Incarceration: Lives Improved by Ending Separation Act of 2023 or the FAMILIES Act.", "id": "H4DBEE934757E460A9F2887F6DCB40C18", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to divert parents of minor children, expectant parents, and other caregivers from incarceration if those individuals, and society, would be better served by the individuals entering into a comprehensive community supervision program that would provide resources, services, and training to them and their families.", "id": "HEEA65C7FBFB74DCAAD5349CB9C6F4CC9", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Families diversion program \n(a) In general \nChapter 227 of title 18, United States Code, is amended— (1) in subchapter A— (A) in section 3551— (i) in subsection (b)— (I) in paragraph (2), by striking or at the end; (II) in paragraph (3), by striking the period at the end and inserting ; or ; (III) by inserting after paragraph (3) the following: (4) participation in the FAMILIES Program as authorized by subchapter E, as a condition of a term of supervised release imposed under section 3583 ; and (IV) in the undesignated matter following paragraph (4), as so added— (aa) by striking A sentence and inserting Subject to subsection (d), a sentence ; and (bb) by striking A sanction and inserting Subjection to subsection (d), a sanction ; and (ii) by adding at the end the following: (d) Imposition of fines and sanctions in addition to participation in FAMILIES program \n(1) In general \nIf the court sentences an individual to participation in the FAMILIES Program under subchapter E, the court may not impose a sentence to pay a fine, or impose a sanction under section 3554 (relating to criminal forfeiture), 3555 (relating to notice to victims), or 3556 (relating to restitution), unless the court considers the factors under paragraph (2) of this subsection. (2) Considerations \nBefore imposing a sentence to pay a fine, or imposing a sanction under section 3554, 3555, or 3556, on an individual described in paragraph (1) of this subsection, the court shall— (A) weigh the importance of the fine or sanction against— (i) the ability of the individual to afford the fine, forfeiture, cost of giving notice, or restitution, as applicable; and (ii) the impact of the fine or sanction on the ability of the individual to succeed in the FAMILIES Program; and (B) take all necessary steps to ensure that the success of the individual in the FAMILIES Program is not hindered by financial obstacles. (3) No mandatory restitution \nNotwithstanding section 3663A, an order of restitution under that section with respect to an individual described in paragraph (1) of this subsection shall be at the discretion of the court and shall be subject to the requirements of this subsection. ; and (B) in section 3553— (i) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; (ii) by inserting after subsection (a) the following: (b) Consideration of diversion to FAMILIES program \n(1) Determination \nNotwithstanding any other provision of this section, other than subsection (c), and notwithstanding any minimum term of imprisonment required to be imposed under any other provision of law, in the case of a defendant who is an eligible individual (as defined in section 3590), the court shall determine, in accordance with paragraph (2), whether the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program under subchapter E instead of sentencing the defendant to a term of probation under subchapter B or a term of imprisonment under subchapter D. (2) Factors \n(A) In general \nIn making the determination under paragraph (1), the court shall consider, in addition to other factors the court determines relevant— (i) whether the defendant has significant caregiver responsibilities, including significant expected parental responsibilities in the case of an individual who is pregnant or the spouse or dating partner of such an individual; (ii) whether the defendant has significant caregiving responsibilities with respect to an adult dependent; (iii) whether the defendant poses no apparent risk of harm to any identifiable child with respect to whom the defendant has significant parental responsibilities; (iv) whether the defendant poses no apparent risk of harm to any identifiable adult dependent with respect to whom the defendant has significant caregiving responsibilities; (v) a statement, if available, regarding the impact that a sentence of probation or imprisonment would have on the family of the defendant; (vi) the nature of the offense as it relates to the future rehabilitation of the defendant; (vii) the defendant’s ties to the community; (viii) a statement from the victim regarding the impact of the offense on the victim; and (ix) any prior criminal history of the defendant. (B) Rule of construction \nThe court shall not be required to find that each factor described in subparagraph (A) weighs in favor of the participation of the defendant in the FAMILIES Program in order to determine that the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program. (3) Findings of fact \nAt the time of sentencing a defendant who is an eligible individual (as defined in section 3590), the court, in stating in open court the reasons for its imposition of the particular sentence under subsection (c), shall include its determination under paragraph (1) of this subsection as to whether the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program under subchapter E, including findings of fact supporting that determination. ; (iii) in subsection (c), as so redesignated, by striking or (c) and inserting or (d) ; (iv) in subsection (d), as so redesignated, by striking or (b) and inserting or (c) ; and (v) in subsection (e)(3), as so redesignated, by striking subsection (c) and inserting subsection (d) ; (2) in subchapter (D), in section 3583(a)— (A) by inserting or a sentence of participation in the FAMILIES Program under subchapter E after term of imprisonment ; and (B) by inserting or as a requirement of participation in the FAMILIES Program, as the case may be, after after imprisonment ; and (3) by adding at the end the following: E FAMILIES Program \n3590. Definitions \nIn this subchapter— (1) the term child abuse and neglect has the meaning given the term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note; Public Law 93–247 ); (2) the term dating partner has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (3) the term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (4) the term electronic means includes telephone, teleconference, and videoconference; (5) the term eligible individual means an individual who is— (A) a parent of a minor child; (B) pregnant; (C) a caregiver for a minor child or other minor relative; (D) a caregiver for an individual with disabilities; (E) a caregiver for an elderly family member; or (F) the spouse or dating partner of an individual who is— (i) a parent of a minor child; or (ii) pregnant; (6) the term FAMILIES Program means the program established under section 3590B; (7) the term minor , with respect to an individual, means the individual is under the age of 18; (8) the term Office means the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts; (9) the term participant means an eligible individual who is participating in the FAMILIES Program; (10) the term Secretary means the Secretary of Health and Human Services; and (11) the term trauma-informed decision making means decision making— (A) informed by an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma; and (B) in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. 3590A. Sentencing \n(a) Imposition of sentence \nIf an eligible individual is found guilty of an offense and the court makes an affirmative determination under section 3553(b)(1), the court shall impose a sentence for the offense that includes participation in the FAMILIES Program instead of a term of probation under subchapter B or a term of imprisonment under subchapter D. (b) Consideration of special FAMILIES Program and expungement procedures \nIn imposing a sentence under subsection (a), the court shall consider whether to utilize the procedures under section 3590D in light of the personal history of the defendant and whether a record of the arrest, criminal proceedings, or conviction for the offense and the associated collateral consequences would harm the defendant and the ability of the defendant to perform caregiving duties. (c) Identifying programs and services \n(1) In general \nIn imposing a sentence under subsection (a), the court, in collaboration with the Office and the Secretary, shall identify the programs and services in which the defendant shall be required to meaningfully participate in order to successfully complete the FAMILIES Program. (2) User fees and other costs \n(A) In general \nIn identifying the programs and services in which a defendant shall be required to meaningfully participate under the Families Program, the court may not impose on the defendant any user fee or other cost relating to those programs and services unless the court considers the factors under subparagraph (B). (B) Considerations \nBefore imposing any user fee or other cost relating to programs and services under the Families Program on a defendant, the court shall— (i) weigh the importance of the fee or other cost against— (I) the ability of the defendant to afford the fee or other cost; and (II) the impact of the fee or other cost on the ability of the defendant to succeed in the FAMILIES Program; and (ii) take all necessary steps to ensure that the success of the defendant in the FAMILIES Program is not hindered by financial obstacles. (d) Training for judges \nThe Secretary, in collaboration with the Attorney General, the United States Sentencing Commission, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts shall develop training for judges of the district courts on how to implement the FAMILIES Program, which shall include training on— (1) trauma-informed decision making; (2) child development, family dynamics, and the effects of parental separation; (3) domestic violence; (4) child abuse and neglect; (5) substance abuse and addiction; (6) mental health; (7) cultural competence; and (8) examining bias. 3590B. FAMILIES Program \n(a) Establishment \nThe Office, in cooperation with the Director of the Administrative Office of the United States Courts, the Attorney General, the Secretary, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts, shall establish and operate the FAMILIES Program for purposes of this subchapter. (b) Contents \nThe FAMILIES Program shall include— (1) education programs, including— (A) general educational development (commonly known as GED ) programs; and (B) postsecondary education programs, including enrollment in community college coursework; (2) employment counseling and job-seeking activities; (3) subsidized jobs programs; (4) in-home parenting and skill-based programs; (5) substance abuse and mental health treatment programs, including medication-assisted treatment programs that make available not less than 2 drugs that have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the treatment of an opioid use disorder; and (6) two-generation model programs that address needs of both the parent and the child. (c) Collaboration with state and local governments \nThe Office, the Director of the Administrative Office of the United States Courts, the Attorney General, and the Secretary shall collaborate with State and local governmental agencies and nonprofit organizations, including community-based nonprofit organizations, to offer comprehensive community supervision programs and services to a participant under the FAMILIES Program in areas close to the place of residence of the participant. (d) Connection to services \nTo the extent practicable, the Office shall connect an eligible individual who is sentenced to participate in the FAMILIES Program to services and programs that will meet the basic needs of the individual and the family of the individual, as appropriate, including— (1) health care services, including assistance with enrollment in health insurance; (2) housing assistance; (3) services to help the individual enroll in— (A) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) (commonly known as the WIC Program ); (B) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) (commonly known as the SNAP Program ); (C) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) (commonly known as the TANF Program ); (D) disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or other benefits payable under such title on the basis of a disability; and (E) supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (4) evidence-based substance use disorder treatment, including medication-assisted treatment described in subsection (b)(5), and harm reduction services; and (5) any other service or program that the Office determines necessary to meet the basic needs of the individual and the family of the individual, including family therapy or counseling services. (e) Operation during emergencies \n(1) In general \nTo the extent practicable, during a period of a national or State public health emergency, including the COVID–19 pandemic, the FAMILIES Program may be conducted solely by electronic means. (2) Inability to participate \nDuring a period described in paragraph (1), if an element of the FAMILIES Program is not available by electronic means— (A) a participant shall not be penalized for being unable to participate in the unavailable element; and (B) the Office may offer a participant described in subparagraph (A) the opportunity to participate in other elements of the FAMILIES Program that can be conducted solely by electronic means. 3590C. Continuation or revocation of participation \n(a) In general \nIf the defendant violates a condition of participation in the FAMILIES Program at any time prior to completion of the program, the court may, after conducting a hearing, considering the factors set forth in section 3553(a) to the extent that they are applicable, and considering whether the programmatic requirements of the sentence need to be modified in order for the defendant to be successful— (1) continue the participation of the defendant in the FAMILIES Program, with or without extending the term or modifying or enlarging the conditions; or (2) revoke the sentence and resentence the defendant under subchapter A. (b) Right to counsel \n(1) In general \nAt a hearing conducted under subsection (a), the defendant shall have the right to be represented by counsel. (2) Court-provided counsel \n(A) In general \nIf the defendant is financially unable to obtain representation by counsel for the hearing under subsection (a), the court shall appoint counsel to represent the defendant in the hearing. (B) Appointment; compensation \nAppointment and compensation of counsel under subparagraph (A) shall be in accordance with section 3006A. (c) Substance use disorder relapse \nIf a defendant participating in the FAMILIES Program who is recovering from a substance use disorder suffers a relapse, the court— (1) shall notify each service provider that is working with the defendant under the FAMILIES Program; and (2) may not revoke the sentence of the defendant or otherwise penalize the defendant under subsection (a) solely because of the relapse. 3590D. Pre-judgment sentence and expungement procedures \n(a) Pre-Judgment sentence \n(1) In general \nIf an eligible individual is found guilty of an offense and the court makes an affirmative determination under sections 3553(b)(1) and 3590A(b), the court may, with the consent of the individual, sentence the individual to participation in the FAMILIES Program for a term to be determined by the court without entering a judgment of conviction. (2) Early discharge \nAt any time before the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court may, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (3) Timely discharge \nAt the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court shall, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (4) Revocation \nIf the individual violates a condition of participation in the FAMILIES Program, the court shall proceed in accordance with the provisions of section 3590C. (b) Collateral consequences \nA disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose. (c) Expungement of record of disposition \n(1) In general \nIf the case against an individual is the subject of a disposition under subsection (a), and the individual was less than 21 years old at the time of the offense, the court shall enter an expungement order upon dismissing the proceedings against the individual and discharging the individual from the FAMILIES Program. (2) Contents of order \nAn expungement order entered under paragraph (1) shall direct that there be expunged from all official records all references to the arrest of the individual for the offense, the institution of criminal proceedings against the individual, and the results thereof. (3) Effect \nThe effect of an expungement order entered under paragraph (1) shall be to restore the individual, in the contemplation of the law, to the status the individual occupied before the arrest or institution of criminal proceedings. (4) Protection from perjury laws \nAn individual concerning whom an expungement order has been entered under paragraph (1) shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of the failure of the individual to recite or acknowledge the arrests or institution of criminal proceedings for the offense, or the results thereof, in response to an inquiry made of the individual for any purpose.. (b) Technical and conforming amendments \nChapter 227 of title 18, United States Code, is amended— (1) by striking the matter between the chapter heading and the heading for subchapter A and inserting the following: SUBCHAPTER A—General provisions Sec. 3551. Authorized sentences. 3552. Presentence reports. 3553. Imposition of a sentence. 3554. Order of criminal forfeiture. 3555. Order of notice to victims. 3556. Order of restitution. 3557. Review of a sentence. 3558. Implementation of a sentence. 3559. Sentencing classification of offenses. SUBCHAPTER B—Probation 3561. Sentence of probation. 3562. Imposition of a sentence of probation. 3563. Conditions of probation. 3564. Running of a term of probation. 3565. Revocation of probation. 3566. Implementation of a sentence of probation. SUBCHAPTER C—Fines 3571. Sentence of fine. 3572. Imposition of a sentence of fine and related matters. 3573. Petition of the government for modification or remission. 3574. Implementation of a sentence of fine. SUBCHAPTER D—Imprisonment 3581. Sentence of imprisonment. 3582. Imposition of a sentence of imprisonment. 3583. Inclusion of a term of supervised release after imprisonment. 3584. Multiple sentences of imprisonment. 3585. Calculation of a term of imprisonment. 3586. Implementation of a sentence of imprisonment. SUBCHAPTER E—FAMILIES Program 3590. Definitions. 3590A. Sentencing. 3590B. FAMILIES Program. 3590C. Continuation or revocation of participation. 3590D. Pre-judgment sentence and expungement procedures. ; (2) by striking the matter between section 3559 and the heading for subchapter B; (3) by striking the matter between section 3566 and the heading for subchapter C; and (4) by striking the matter between section 3574 and the heading for subchapter D. (c) State grant program \n(1) Definition \nIn this subsection, the term Attorney General means the Attorney General, acting through the Director of the Bureau of Justice Assistance. (2) Authority \nThe Attorney General shall make grants to States to replicate, on a larger scale, successful State parenting sentencing alternatives (commonly known as PSA ) programs that have the potential to keep parents out of prison. (3) Appropriation \nThere is appropriated, out of amounts in the Treasury not otherwise appropriated, for fiscal year 2024, to remain available until expended, $20,000,000 to the Attorney General to carry out paragraph (2). (d) Studies \n(1) Office of Planning, Research and Evaluation study \n(A) In general \nNot later than 2 years after the date of enactment of this Act, the Office of Planning, Research and Evaluation of the Department of Health and Human Services, in collaboration with the National Institute of Justice, shall study and publish a report on the effects of incarceration on children of incarcerated parents. (B) Appropriation \nOut of amounts in the Treasury not otherwise appropriated, there is appropriated to the Office of Planning, Research and Evaluation of the Department of Health and Human Services to carry out the study under subparagraph (A), $1,000,000 for fiscal year 2024, to remain available until expended. (2) GAO study \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall examine the implementation of the FAMILIES Program under subchapter E of chapter 227 of title 18, United States Code (as added by subsection (a)), focusing on demographic data and profiles of program participants in order to— (A) determine— (i) who is receiving the benefits of the program; (ii) that program services are equitably available to all eligible individuals; and (iii) how program services can be better directed to eligible individuals who would otherwise be sentenced to a term of probation or a term of imprisonment; and (B) examine access to the FAMILIES Program for Black, Latinx or Hispanic, Native American, Asian American, and Pacific Islander communities. (e) Appropriations \n(1) Implementation \nOut of amounts in the Treasury not otherwise appropriated, there is appropriated to the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts to carry out the FAMILIES Program established under section 3590B of title 18, United States Code, as added by subsection (a) of this section, $100,000,000 for fiscal year 2024, to remain available until expended. (2) Training \nOut of amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Services to develop training for judges under section 3590A(d) of title 18, United States Code, as added by subsection (a) of this section, $5,000,000 for fiscal year 2024, to remain available until expended.", "id": "HA5164FE5B7404343BD40D5717A0B6569", "header": "Families diversion program", "nested": [ { "text": "(a) In general \nChapter 227 of title 18, United States Code, is amended— (1) in subchapter A— (A) in section 3551— (i) in subsection (b)— (I) in paragraph (2), by striking or at the end; (II) in paragraph (3), by striking the period at the end and inserting ; or ; (III) by inserting after paragraph (3) the following: (4) participation in the FAMILIES Program as authorized by subchapter E, as a condition of a term of supervised release imposed under section 3583 ; and (IV) in the undesignated matter following paragraph (4), as so added— (aa) by striking A sentence and inserting Subject to subsection (d), a sentence ; and (bb) by striking A sanction and inserting Subjection to subsection (d), a sanction ; and (ii) by adding at the end the following: (d) Imposition of fines and sanctions in addition to participation in FAMILIES program \n(1) In general \nIf the court sentences an individual to participation in the FAMILIES Program under subchapter E, the court may not impose a sentence to pay a fine, or impose a sanction under section 3554 (relating to criminal forfeiture), 3555 (relating to notice to victims), or 3556 (relating to restitution), unless the court considers the factors under paragraph (2) of this subsection. (2) Considerations \nBefore imposing a sentence to pay a fine, or imposing a sanction under section 3554, 3555, or 3556, on an individual described in paragraph (1) of this subsection, the court shall— (A) weigh the importance of the fine or sanction against— (i) the ability of the individual to afford the fine, forfeiture, cost of giving notice, or restitution, as applicable; and (ii) the impact of the fine or sanction on the ability of the individual to succeed in the FAMILIES Program; and (B) take all necessary steps to ensure that the success of the individual in the FAMILIES Program is not hindered by financial obstacles. (3) No mandatory restitution \nNotwithstanding section 3663A, an order of restitution under that section with respect to an individual described in paragraph (1) of this subsection shall be at the discretion of the court and shall be subject to the requirements of this subsection. ; and (B) in section 3553— (i) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; (ii) by inserting after subsection (a) the following: (b) Consideration of diversion to FAMILIES program \n(1) Determination \nNotwithstanding any other provision of this section, other than subsection (c), and notwithstanding any minimum term of imprisonment required to be imposed under any other provision of law, in the case of a defendant who is an eligible individual (as defined in section 3590), the court shall determine, in accordance with paragraph (2), whether the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program under subchapter E instead of sentencing the defendant to a term of probation under subchapter B or a term of imprisonment under subchapter D. (2) Factors \n(A) In general \nIn making the determination under paragraph (1), the court shall consider, in addition to other factors the court determines relevant— (i) whether the defendant has significant caregiver responsibilities, including significant expected parental responsibilities in the case of an individual who is pregnant or the spouse or dating partner of such an individual; (ii) whether the defendant has significant caregiving responsibilities with respect to an adult dependent; (iii) whether the defendant poses no apparent risk of harm to any identifiable child with respect to whom the defendant has significant parental responsibilities; (iv) whether the defendant poses no apparent risk of harm to any identifiable adult dependent with respect to whom the defendant has significant caregiving responsibilities; (v) a statement, if available, regarding the impact that a sentence of probation or imprisonment would have on the family of the defendant; (vi) the nature of the offense as it relates to the future rehabilitation of the defendant; (vii) the defendant’s ties to the community; (viii) a statement from the victim regarding the impact of the offense on the victim; and (ix) any prior criminal history of the defendant. (B) Rule of construction \nThe court shall not be required to find that each factor described in subparagraph (A) weighs in favor of the participation of the defendant in the FAMILIES Program in order to determine that the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program. (3) Findings of fact \nAt the time of sentencing a defendant who is an eligible individual (as defined in section 3590), the court, in stating in open court the reasons for its imposition of the particular sentence under subsection (c), shall include its determination under paragraph (1) of this subsection as to whether the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program under subchapter E, including findings of fact supporting that determination. ; (iii) in subsection (c), as so redesignated, by striking or (c) and inserting or (d) ; (iv) in subsection (d), as so redesignated, by striking or (b) and inserting or (c) ; and (v) in subsection (e)(3), as so redesignated, by striking subsection (c) and inserting subsection (d) ; (2) in subchapter (D), in section 3583(a)— (A) by inserting or a sentence of participation in the FAMILIES Program under subchapter E after term of imprisonment ; and (B) by inserting or as a requirement of participation in the FAMILIES Program, as the case may be, after after imprisonment ; and (3) by adding at the end the following: E FAMILIES Program \n3590. Definitions \nIn this subchapter— (1) the term child abuse and neglect has the meaning given the term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note; Public Law 93–247 ); (2) the term dating partner has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (3) the term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (4) the term electronic means includes telephone, teleconference, and videoconference; (5) the term eligible individual means an individual who is— (A) a parent of a minor child; (B) pregnant; (C) a caregiver for a minor child or other minor relative; (D) a caregiver for an individual with disabilities; (E) a caregiver for an elderly family member; or (F) the spouse or dating partner of an individual who is— (i) a parent of a minor child; or (ii) pregnant; (6) the term FAMILIES Program means the program established under section 3590B; (7) the term minor , with respect to an individual, means the individual is under the age of 18; (8) the term Office means the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts; (9) the term participant means an eligible individual who is participating in the FAMILIES Program; (10) the term Secretary means the Secretary of Health and Human Services; and (11) the term trauma-informed decision making means decision making— (A) informed by an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma; and (B) in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. 3590A. Sentencing \n(a) Imposition of sentence \nIf an eligible individual is found guilty of an offense and the court makes an affirmative determination under section 3553(b)(1), the court shall impose a sentence for the offense that includes participation in the FAMILIES Program instead of a term of probation under subchapter B or a term of imprisonment under subchapter D. (b) Consideration of special FAMILIES Program and expungement procedures \nIn imposing a sentence under subsection (a), the court shall consider whether to utilize the procedures under section 3590D in light of the personal history of the defendant and whether a record of the arrest, criminal proceedings, or conviction for the offense and the associated collateral consequences would harm the defendant and the ability of the defendant to perform caregiving duties. (c) Identifying programs and services \n(1) In general \nIn imposing a sentence under subsection (a), the court, in collaboration with the Office and the Secretary, shall identify the programs and services in which the defendant shall be required to meaningfully participate in order to successfully complete the FAMILIES Program. (2) User fees and other costs \n(A) In general \nIn identifying the programs and services in which a defendant shall be required to meaningfully participate under the Families Program, the court may not impose on the defendant any user fee or other cost relating to those programs and services unless the court considers the factors under subparagraph (B). (B) Considerations \nBefore imposing any user fee or other cost relating to programs and services under the Families Program on a defendant, the court shall— (i) weigh the importance of the fee or other cost against— (I) the ability of the defendant to afford the fee or other cost; and (II) the impact of the fee or other cost on the ability of the defendant to succeed in the FAMILIES Program; and (ii) take all necessary steps to ensure that the success of the defendant in the FAMILIES Program is not hindered by financial obstacles. (d) Training for judges \nThe Secretary, in collaboration with the Attorney General, the United States Sentencing Commission, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts shall develop training for judges of the district courts on how to implement the FAMILIES Program, which shall include training on— (1) trauma-informed decision making; (2) child development, family dynamics, and the effects of parental separation; (3) domestic violence; (4) child abuse and neglect; (5) substance abuse and addiction; (6) mental health; (7) cultural competence; and (8) examining bias. 3590B. FAMILIES Program \n(a) Establishment \nThe Office, in cooperation with the Director of the Administrative Office of the United States Courts, the Attorney General, the Secretary, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts, shall establish and operate the FAMILIES Program for purposes of this subchapter. (b) Contents \nThe FAMILIES Program shall include— (1) education programs, including— (A) general educational development (commonly known as GED ) programs; and (B) postsecondary education programs, including enrollment in community college coursework; (2) employment counseling and job-seeking activities; (3) subsidized jobs programs; (4) in-home parenting and skill-based programs; (5) substance abuse and mental health treatment programs, including medication-assisted treatment programs that make available not less than 2 drugs that have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the treatment of an opioid use disorder; and (6) two-generation model programs that address needs of both the parent and the child. (c) Collaboration with state and local governments \nThe Office, the Director of the Administrative Office of the United States Courts, the Attorney General, and the Secretary shall collaborate with State and local governmental agencies and nonprofit organizations, including community-based nonprofit organizations, to offer comprehensive community supervision programs and services to a participant under the FAMILIES Program in areas close to the place of residence of the participant. (d) Connection to services \nTo the extent practicable, the Office shall connect an eligible individual who is sentenced to participate in the FAMILIES Program to services and programs that will meet the basic needs of the individual and the family of the individual, as appropriate, including— (1) health care services, including assistance with enrollment in health insurance; (2) housing assistance; (3) services to help the individual enroll in— (A) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) (commonly known as the WIC Program ); (B) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) (commonly known as the SNAP Program ); (C) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) (commonly known as the TANF Program ); (D) disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or other benefits payable under such title on the basis of a disability; and (E) supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (4) evidence-based substance use disorder treatment, including medication-assisted treatment described in subsection (b)(5), and harm reduction services; and (5) any other service or program that the Office determines necessary to meet the basic needs of the individual and the family of the individual, including family therapy or counseling services. (e) Operation during emergencies \n(1) In general \nTo the extent practicable, during a period of a national or State public health emergency, including the COVID–19 pandemic, the FAMILIES Program may be conducted solely by electronic means. (2) Inability to participate \nDuring a period described in paragraph (1), if an element of the FAMILIES Program is not available by electronic means— (A) a participant shall not be penalized for being unable to participate in the unavailable element; and (B) the Office may offer a participant described in subparagraph (A) the opportunity to participate in other elements of the FAMILIES Program that can be conducted solely by electronic means. 3590C. Continuation or revocation of participation \n(a) In general \nIf the defendant violates a condition of participation in the FAMILIES Program at any time prior to completion of the program, the court may, after conducting a hearing, considering the factors set forth in section 3553(a) to the extent that they are applicable, and considering whether the programmatic requirements of the sentence need to be modified in order for the defendant to be successful— (1) continue the participation of the defendant in the FAMILIES Program, with or without extending the term or modifying or enlarging the conditions; or (2) revoke the sentence and resentence the defendant under subchapter A. (b) Right to counsel \n(1) In general \nAt a hearing conducted under subsection (a), the defendant shall have the right to be represented by counsel. (2) Court-provided counsel \n(A) In general \nIf the defendant is financially unable to obtain representation by counsel for the hearing under subsection (a), the court shall appoint counsel to represent the defendant in the hearing. (B) Appointment; compensation \nAppointment and compensation of counsel under subparagraph (A) shall be in accordance with section 3006A. (c) Substance use disorder relapse \nIf a defendant participating in the FAMILIES Program who is recovering from a substance use disorder suffers a relapse, the court— (1) shall notify each service provider that is working with the defendant under the FAMILIES Program; and (2) may not revoke the sentence of the defendant or otherwise penalize the defendant under subsection (a) solely because of the relapse. 3590D. Pre-judgment sentence and expungement procedures \n(a) Pre-Judgment sentence \n(1) In general \nIf an eligible individual is found guilty of an offense and the court makes an affirmative determination under sections 3553(b)(1) and 3590A(b), the court may, with the consent of the individual, sentence the individual to participation in the FAMILIES Program for a term to be determined by the court without entering a judgment of conviction. (2) Early discharge \nAt any time before the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court may, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (3) Timely discharge \nAt the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court shall, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (4) Revocation \nIf the individual violates a condition of participation in the FAMILIES Program, the court shall proceed in accordance with the provisions of section 3590C. (b) Collateral consequences \nA disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose. (c) Expungement of record of disposition \n(1) In general \nIf the case against an individual is the subject of a disposition under subsection (a), and the individual was less than 21 years old at the time of the offense, the court shall enter an expungement order upon dismissing the proceedings against the individual and discharging the individual from the FAMILIES Program. (2) Contents of order \nAn expungement order entered under paragraph (1) shall direct that there be expunged from all official records all references to the arrest of the individual for the offense, the institution of criminal proceedings against the individual, and the results thereof. (3) Effect \nThe effect of an expungement order entered under paragraph (1) shall be to restore the individual, in the contemplation of the law, to the status the individual occupied before the arrest or institution of criminal proceedings. (4) Protection from perjury laws \nAn individual concerning whom an expungement order has been entered under paragraph (1) shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of the failure of the individual to recite or acknowledge the arrests or institution of criminal proceedings for the offense, or the results thereof, in response to an inquiry made of the individual for any purpose..", "id": "H3E4D5B6154F740E98D40CFE26F6AE005", "header": "In general", "nested": [], "links": [ { "text": "Chapter 227", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/227" }, { "text": "42 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/42/5101" }, { "text": "Public Law 93–247", "legal-doc": "public-law", "parsable-cite": "pl/93/247" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 1786", "legal-doc": "usc", "parsable-cite": "usc/42/1786" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/401" }, { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" } ] }, { "text": "(b) Technical and conforming amendments \nChapter 227 of title 18, United States Code, is amended— (1) by striking the matter between the chapter heading and the heading for subchapter A and inserting the following: SUBCHAPTER A—General provisions Sec. 3551. Authorized sentences. 3552. Presentence reports. 3553. Imposition of a sentence. 3554. Order of criminal forfeiture. 3555. Order of notice to victims. 3556. Order of restitution. 3557. Review of a sentence. 3558. Implementation of a sentence. 3559. Sentencing classification of offenses. SUBCHAPTER B—Probation 3561. Sentence of probation. 3562. Imposition of a sentence of probation. 3563. Conditions of probation. 3564. Running of a term of probation. 3565. Revocation of probation. 3566. Implementation of a sentence of probation. SUBCHAPTER C—Fines 3571. Sentence of fine. 3572. Imposition of a sentence of fine and related matters. 3573. Petition of the government for modification or remission. 3574. Implementation of a sentence of fine. SUBCHAPTER D—Imprisonment 3581. Sentence of imprisonment. 3582. Imposition of a sentence of imprisonment. 3583. Inclusion of a term of supervised release after imprisonment. 3584. Multiple sentences of imprisonment. 3585. Calculation of a term of imprisonment. 3586. Implementation of a sentence of imprisonment. SUBCHAPTER E—FAMILIES Program 3590. Definitions. 3590A. Sentencing. 3590B. FAMILIES Program. 3590C. Continuation or revocation of participation. 3590D. Pre-judgment sentence and expungement procedures. ; (2) by striking the matter between section 3559 and the heading for subchapter B; (3) by striking the matter between section 3566 and the heading for subchapter C; and (4) by striking the matter between section 3574 and the heading for subchapter D.", "id": "id8031449292054f8d8645a4cb857ec549", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "Chapter 227", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/227" } ] }, { "text": "(c) State grant program \n(1) Definition \nIn this subsection, the term Attorney General means the Attorney General, acting through the Director of the Bureau of Justice Assistance. (2) Authority \nThe Attorney General shall make grants to States to replicate, on a larger scale, successful State parenting sentencing alternatives (commonly known as PSA ) programs that have the potential to keep parents out of prison. (3) Appropriation \nThere is appropriated, out of amounts in the Treasury not otherwise appropriated, for fiscal year 2024, to remain available until expended, $20,000,000 to the Attorney General to carry out paragraph (2).", "id": "id30A45B24E35745049C2B8F06ECB9F5BF", "header": "State grant program", "nested": [], "links": [] }, { "text": "(d) Studies \n(1) Office of Planning, Research and Evaluation study \n(A) In general \nNot later than 2 years after the date of enactment of this Act, the Office of Planning, Research and Evaluation of the Department of Health and Human Services, in collaboration with the National Institute of Justice, shall study and publish a report on the effects of incarceration on children of incarcerated parents. (B) Appropriation \nOut of amounts in the Treasury not otherwise appropriated, there is appropriated to the Office of Planning, Research and Evaluation of the Department of Health and Human Services to carry out the study under subparagraph (A), $1,000,000 for fiscal year 2024, to remain available until expended. (2) GAO study \nNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall examine the implementation of the FAMILIES Program under subchapter E of chapter 227 of title 18, United States Code (as added by subsection (a)), focusing on demographic data and profiles of program participants in order to— (A) determine— (i) who is receiving the benefits of the program; (ii) that program services are equitably available to all eligible individuals; and (iii) how program services can be better directed to eligible individuals who would otherwise be sentenced to a term of probation or a term of imprisonment; and (B) examine access to the FAMILIES Program for Black, Latinx or Hispanic, Native American, Asian American, and Pacific Islander communities.", "id": "idDBFCBF9FD24D4B97A19B5389508CB3A4", "header": "Studies", "nested": [], "links": [ { "text": "chapter 227", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/227" } ] }, { "text": "(e) Appropriations \n(1) Implementation \nOut of amounts in the Treasury not otherwise appropriated, there is appropriated to the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts to carry out the FAMILIES Program established under section 3590B of title 18, United States Code, as added by subsection (a) of this section, $100,000,000 for fiscal year 2024, to remain available until expended. (2) Training \nOut of amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Services to develop training for judges under section 3590A(d) of title 18, United States Code, as added by subsection (a) of this section, $5,000,000 for fiscal year 2024, to remain available until expended.", "id": "id9213D95567104A96BE34B9C3313F623A", "header": "Appropriations", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 227", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/227" }, { "text": "42 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/42/5101" }, { "text": "Public Law 93–247", "legal-doc": "public-law", "parsable-cite": "pl/93/247" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 1786", "legal-doc": "usc", "parsable-cite": "usc/42/1786" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/401" }, { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" }, { "text": "Chapter 227", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/227" }, { "text": "chapter 227", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/227" } ] }, { "text": "3590. Definitions \nIn this subchapter— (1) the term child abuse and neglect has the meaning given the term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note; Public Law 93–247 ); (2) the term dating partner has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (3) the term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (4) the term electronic means includes telephone, teleconference, and videoconference; (5) the term eligible individual means an individual who is— (A) a parent of a minor child; (B) pregnant; (C) a caregiver for a minor child or other minor relative; (D) a caregiver for an individual with disabilities; (E) a caregiver for an elderly family member; or (F) the spouse or dating partner of an individual who is— (i) a parent of a minor child; or (ii) pregnant; (6) the term FAMILIES Program means the program established under section 3590B; (7) the term minor , with respect to an individual, means the individual is under the age of 18; (8) the term Office means the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts; (9) the term participant means an eligible individual who is participating in the FAMILIES Program; (10) the term Secretary means the Secretary of Health and Human Services; and (11) the term trauma-informed decision making means decision making— (A) informed by an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma; and (B) in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing.", "id": "H0FC23B7287A748FABE1B98D5E9657188", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 5101", "legal-doc": "usc", "parsable-cite": "usc/42/5101" }, { "text": "Public Law 93–247", "legal-doc": "public-law", "parsable-cite": "pl/93/247" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" }, { "text": "34 U.S.C. 12291(a)", "legal-doc": "usc", "parsable-cite": "usc/34/12291" } ] }, { "text": "3590A. Sentencing \n(a) Imposition of sentence \nIf an eligible individual is found guilty of an offense and the court makes an affirmative determination under section 3553(b)(1), the court shall impose a sentence for the offense that includes participation in the FAMILIES Program instead of a term of probation under subchapter B or a term of imprisonment under subchapter D. (b) Consideration of special FAMILIES Program and expungement procedures \nIn imposing a sentence under subsection (a), the court shall consider whether to utilize the procedures under section 3590D in light of the personal history of the defendant and whether a record of the arrest, criminal proceedings, or conviction for the offense and the associated collateral consequences would harm the defendant and the ability of the defendant to perform caregiving duties. (c) Identifying programs and services \n(1) In general \nIn imposing a sentence under subsection (a), the court, in collaboration with the Office and the Secretary, shall identify the programs and services in which the defendant shall be required to meaningfully participate in order to successfully complete the FAMILIES Program. (2) User fees and other costs \n(A) In general \nIn identifying the programs and services in which a defendant shall be required to meaningfully participate under the Families Program, the court may not impose on the defendant any user fee or other cost relating to those programs and services unless the court considers the factors under subparagraph (B). (B) Considerations \nBefore imposing any user fee or other cost relating to programs and services under the Families Program on a defendant, the court shall— (i) weigh the importance of the fee or other cost against— (I) the ability of the defendant to afford the fee or other cost; and (II) the impact of the fee or other cost on the ability of the defendant to succeed in the FAMILIES Program; and (ii) take all necessary steps to ensure that the success of the defendant in the FAMILIES Program is not hindered by financial obstacles. (d) Training for judges \nThe Secretary, in collaboration with the Attorney General, the United States Sentencing Commission, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts shall develop training for judges of the district courts on how to implement the FAMILIES Program, which shall include training on— (1) trauma-informed decision making; (2) child development, family dynamics, and the effects of parental separation; (3) domestic violence; (4) child abuse and neglect; (5) substance abuse and addiction; (6) mental health; (7) cultural competence; and (8) examining bias.", "id": "H17B5D71716B74503835BD32818D7BA3B", "header": "Sentencing", "nested": [ { "text": "(a) Imposition of sentence \nIf an eligible individual is found guilty of an offense and the court makes an affirmative determination under section 3553(b)(1), the court shall impose a sentence for the offense that includes participation in the FAMILIES Program instead of a term of probation under subchapter B or a term of imprisonment under subchapter D.", "id": "H590E2106FA294705AA2113540B6929A6", "header": "Imposition of sentence", "nested": [], "links": [] }, { "text": "(b) Consideration of special FAMILIES Program and expungement procedures \nIn imposing a sentence under subsection (a), the court shall consider whether to utilize the procedures under section 3590D in light of the personal history of the defendant and whether a record of the arrest, criminal proceedings, or conviction for the offense and the associated collateral consequences would harm the defendant and the ability of the defendant to perform caregiving duties.", "id": "H9AC26FF99B1A404E93A02F0A5224966F", "header": "Consideration of special FAMILIES Program and expungement procedures", "nested": [], "links": [] }, { "text": "(c) Identifying programs and services \n(1) In general \nIn imposing a sentence under subsection (a), the court, in collaboration with the Office and the Secretary, shall identify the programs and services in which the defendant shall be required to meaningfully participate in order to successfully complete the FAMILIES Program. (2) User fees and other costs \n(A) In general \nIn identifying the programs and services in which a defendant shall be required to meaningfully participate under the Families Program, the court may not impose on the defendant any user fee or other cost relating to those programs and services unless the court considers the factors under subparagraph (B). (B) Considerations \nBefore imposing any user fee or other cost relating to programs and services under the Families Program on a defendant, the court shall— (i) weigh the importance of the fee or other cost against— (I) the ability of the defendant to afford the fee or other cost; and (II) the impact of the fee or other cost on the ability of the defendant to succeed in the FAMILIES Program; and (ii) take all necessary steps to ensure that the success of the defendant in the FAMILIES Program is not hindered by financial obstacles.", "id": "H6923FA1EA8334212B7DCE1A6962DE860", "header": "Identifying programs and services", "nested": [], "links": [] }, { "text": "(d) Training for judges \nThe Secretary, in collaboration with the Attorney General, the United States Sentencing Commission, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts shall develop training for judges of the district courts on how to implement the FAMILIES Program, which shall include training on— (1) trauma-informed decision making; (2) child development, family dynamics, and the effects of parental separation; (3) domestic violence; (4) child abuse and neglect; (5) substance abuse and addiction; (6) mental health; (7) cultural competence; and (8) examining bias.", "id": "HDD572E8D6F984FB6A33972F45B23090B", "header": "Training for judges", "nested": [], "links": [] } ], "links": [] }, { "text": "3590B. FAMILIES Program \n(a) Establishment \nThe Office, in cooperation with the Director of the Administrative Office of the United States Courts, the Attorney General, the Secretary, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts, shall establish and operate the FAMILIES Program for purposes of this subchapter. (b) Contents \nThe FAMILIES Program shall include— (1) education programs, including— (A) general educational development (commonly known as GED ) programs; and (B) postsecondary education programs, including enrollment in community college coursework; (2) employment counseling and job-seeking activities; (3) subsidized jobs programs; (4) in-home parenting and skill-based programs; (5) substance abuse and mental health treatment programs, including medication-assisted treatment programs that make available not less than 2 drugs that have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the treatment of an opioid use disorder; and (6) two-generation model programs that address needs of both the parent and the child. (c) Collaboration with state and local governments \nThe Office, the Director of the Administrative Office of the United States Courts, the Attorney General, and the Secretary shall collaborate with State and local governmental agencies and nonprofit organizations, including community-based nonprofit organizations, to offer comprehensive community supervision programs and services to a participant under the FAMILIES Program in areas close to the place of residence of the participant. (d) Connection to services \nTo the extent practicable, the Office shall connect an eligible individual who is sentenced to participate in the FAMILIES Program to services and programs that will meet the basic needs of the individual and the family of the individual, as appropriate, including— (1) health care services, including assistance with enrollment in health insurance; (2) housing assistance; (3) services to help the individual enroll in— (A) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) (commonly known as the WIC Program ); (B) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) (commonly known as the SNAP Program ); (C) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) (commonly known as the TANF Program ); (D) disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or other benefits payable under such title on the basis of a disability; and (E) supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (4) evidence-based substance use disorder treatment, including medication-assisted treatment described in subsection (b)(5), and harm reduction services; and (5) any other service or program that the Office determines necessary to meet the basic needs of the individual and the family of the individual, including family therapy or counseling services. (e) Operation during emergencies \n(1) In general \nTo the extent practicable, during a period of a national or State public health emergency, including the COVID–19 pandemic, the FAMILIES Program may be conducted solely by electronic means. (2) Inability to participate \nDuring a period described in paragraph (1), if an element of the FAMILIES Program is not available by electronic means— (A) a participant shall not be penalized for being unable to participate in the unavailable element; and (B) the Office may offer a participant described in subparagraph (A) the opportunity to participate in other elements of the FAMILIES Program that can be conducted solely by electronic means.", "id": "HE4DA5D821C974E8F919C1614CA76A2E8", "header": "FAMILIES Program", "nested": [ { "text": "(a) Establishment \nThe Office, in cooperation with the Director of the Administrative Office of the United States Courts, the Attorney General, the Secretary, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts, shall establish and operate the FAMILIES Program for purposes of this subchapter.", "id": "H81048E293934458EA78DBFBB7EA8D34C", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Contents \nThe FAMILIES Program shall include— (1) education programs, including— (A) general educational development (commonly known as GED ) programs; and (B) postsecondary education programs, including enrollment in community college coursework; (2) employment counseling and job-seeking activities; (3) subsidized jobs programs; (4) in-home parenting and skill-based programs; (5) substance abuse and mental health treatment programs, including medication-assisted treatment programs that make available not less than 2 drugs that have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the treatment of an opioid use disorder; and (6) two-generation model programs that address needs of both the parent and the child.", "id": "HF829869635E84A028C363BD611B03195", "header": "Contents", "nested": [], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" } ] }, { "text": "(c) Collaboration with state and local governments \nThe Office, the Director of the Administrative Office of the United States Courts, the Attorney General, and the Secretary shall collaborate with State and local governmental agencies and nonprofit organizations, including community-based nonprofit organizations, to offer comprehensive community supervision programs and services to a participant under the FAMILIES Program in areas close to the place of residence of the participant.", "id": "H5609E969102949D489137F5CA8820C26", "header": "Collaboration with state and local governments", "nested": [], "links": [] }, { "text": "(d) Connection to services \nTo the extent practicable, the Office shall connect an eligible individual who is sentenced to participate in the FAMILIES Program to services and programs that will meet the basic needs of the individual and the family of the individual, as appropriate, including— (1) health care services, including assistance with enrollment in health insurance; (2) housing assistance; (3) services to help the individual enroll in— (A) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) (commonly known as the WIC Program ); (B) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) (commonly known as the SNAP Program ); (C) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) (commonly known as the TANF Program ); (D) disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or other benefits payable under such title on the basis of a disability; and (E) supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (4) evidence-based substance use disorder treatment, including medication-assisted treatment described in subsection (b)(5), and harm reduction services; and (5) any other service or program that the Office determines necessary to meet the basic needs of the individual and the family of the individual, including family therapy or counseling services.", "id": "HE366B69CF602413C8D0DC18A7E66E7FA", "header": "Connection to services", "nested": [], "links": [ { "text": "42 U.S.C. 1786", "legal-doc": "usc", "parsable-cite": "usc/42/1786" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/401" }, { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" } ] }, { "text": "(e) Operation during emergencies \n(1) In general \nTo the extent practicable, during a period of a national or State public health emergency, including the COVID–19 pandemic, the FAMILIES Program may be conducted solely by electronic means. (2) Inability to participate \nDuring a period described in paragraph (1), if an element of the FAMILIES Program is not available by electronic means— (A) a participant shall not be penalized for being unable to participate in the unavailable element; and (B) the Office may offer a participant described in subparagraph (A) the opportunity to participate in other elements of the FAMILIES Program that can be conducted solely by electronic means.", "id": "HF818E1DCB9484B8C92E6E6E30A751B1D", "header": "Operation during emergencies", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" }, { "text": "42 U.S.C. 1786", "legal-doc": "usc", "parsable-cite": "usc/42/1786" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "42 U.S.C. 601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/601" }, { "text": "42 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/401" }, { "text": "42 U.S.C. 1381 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1381" } ] }, { "text": "3590C. Continuation or revocation of participation \n(a) In general \nIf the defendant violates a condition of participation in the FAMILIES Program at any time prior to completion of the program, the court may, after conducting a hearing, considering the factors set forth in section 3553(a) to the extent that they are applicable, and considering whether the programmatic requirements of the sentence need to be modified in order for the defendant to be successful— (1) continue the participation of the defendant in the FAMILIES Program, with or without extending the term or modifying or enlarging the conditions; or (2) revoke the sentence and resentence the defendant under subchapter A. (b) Right to counsel \n(1) In general \nAt a hearing conducted under subsection (a), the defendant shall have the right to be represented by counsel. (2) Court-provided counsel \n(A) In general \nIf the defendant is financially unable to obtain representation by counsel for the hearing under subsection (a), the court shall appoint counsel to represent the defendant in the hearing. (B) Appointment; compensation \nAppointment and compensation of counsel under subparagraph (A) shall be in accordance with section 3006A. (c) Substance use disorder relapse \nIf a defendant participating in the FAMILIES Program who is recovering from a substance use disorder suffers a relapse, the court— (1) shall notify each service provider that is working with the defendant under the FAMILIES Program; and (2) may not revoke the sentence of the defendant or otherwise penalize the defendant under subsection (a) solely because of the relapse.", "id": "H24A75B0D33A4453D80E4FD0690EC2761", "header": "Continuation or revocation of participation", "nested": [ { "text": "(a) In general \nIf the defendant violates a condition of participation in the FAMILIES Program at any time prior to completion of the program, the court may, after conducting a hearing, considering the factors set forth in section 3553(a) to the extent that they are applicable, and considering whether the programmatic requirements of the sentence need to be modified in order for the defendant to be successful— (1) continue the participation of the defendant in the FAMILIES Program, with or without extending the term or modifying or enlarging the conditions; or (2) revoke the sentence and resentence the defendant under subchapter A.", "id": "H13407A38E001490E9BC2237367E1CB16", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Right to counsel \n(1) In general \nAt a hearing conducted under subsection (a), the defendant shall have the right to be represented by counsel. (2) Court-provided counsel \n(A) In general \nIf the defendant is financially unable to obtain representation by counsel for the hearing under subsection (a), the court shall appoint counsel to represent the defendant in the hearing. (B) Appointment; compensation \nAppointment and compensation of counsel under subparagraph (A) shall be in accordance with section 3006A.", "id": "H25DFAD63952240ECAEC25904E685E005", "header": "Right to counsel", "nested": [], "links": [] }, { "text": "(c) Substance use disorder relapse \nIf a defendant participating in the FAMILIES Program who is recovering from a substance use disorder suffers a relapse, the court— (1) shall notify each service provider that is working with the defendant under the FAMILIES Program; and (2) may not revoke the sentence of the defendant or otherwise penalize the defendant under subsection (a) solely because of the relapse.", "id": "H9A25DB2D420B40EB8888E11F2BC05AA3", "header": "Substance use disorder relapse", "nested": [], "links": [] } ], "links": [] }, { "text": "3590D. Pre-judgment sentence and expungement procedures \n(a) Pre-Judgment sentence \n(1) In general \nIf an eligible individual is found guilty of an offense and the court makes an affirmative determination under sections 3553(b)(1) and 3590A(b), the court may, with the consent of the individual, sentence the individual to participation in the FAMILIES Program for a term to be determined by the court without entering a judgment of conviction. (2) Early discharge \nAt any time before the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court may, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (3) Timely discharge \nAt the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court shall, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (4) Revocation \nIf the individual violates a condition of participation in the FAMILIES Program, the court shall proceed in accordance with the provisions of section 3590C. (b) Collateral consequences \nA disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose. (c) Expungement of record of disposition \n(1) In general \nIf the case against an individual is the subject of a disposition under subsection (a), and the individual was less than 21 years old at the time of the offense, the court shall enter an expungement order upon dismissing the proceedings against the individual and discharging the individual from the FAMILIES Program. (2) Contents of order \nAn expungement order entered under paragraph (1) shall direct that there be expunged from all official records all references to the arrest of the individual for the offense, the institution of criminal proceedings against the individual, and the results thereof. (3) Effect \nThe effect of an expungement order entered under paragraph (1) shall be to restore the individual, in the contemplation of the law, to the status the individual occupied before the arrest or institution of criminal proceedings. (4) Protection from perjury laws \nAn individual concerning whom an expungement order has been entered under paragraph (1) shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of the failure of the individual to recite or acknowledge the arrests or institution of criminal proceedings for the offense, or the results thereof, in response to an inquiry made of the individual for any purpose.", "id": "H44C6ECD4119340B7A0E6CFD61C0DB8DA", "header": "Pre-judgment sentence and expungement procedures", "nested": [ { "text": "(a) Pre-Judgment sentence \n(1) In general \nIf an eligible individual is found guilty of an offense and the court makes an affirmative determination under sections 3553(b)(1) and 3590A(b), the court may, with the consent of the individual, sentence the individual to participation in the FAMILIES Program for a term to be determined by the court without entering a judgment of conviction. (2) Early discharge \nAt any time before the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court may, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (3) Timely discharge \nAt the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court shall, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (4) Revocation \nIf the individual violates a condition of participation in the FAMILIES Program, the court shall proceed in accordance with the provisions of section 3590C.", "id": "H627C90403F3443639B85E4585F5A0F64", "header": "Pre-Judgment sentence", "nested": [], "links": [] }, { "text": "(b) Collateral consequences \nA disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose.", "id": "HA1FFDFF3BCF943CD86245E1B21034278", "header": "Collateral consequences", "nested": [], "links": [] }, { "text": "(c) Expungement of record of disposition \n(1) In general \nIf the case against an individual is the subject of a disposition under subsection (a), and the individual was less than 21 years old at the time of the offense, the court shall enter an expungement order upon dismissing the proceedings against the individual and discharging the individual from the FAMILIES Program. (2) Contents of order \nAn expungement order entered under paragraph (1) shall direct that there be expunged from all official records all references to the arrest of the individual for the offense, the institution of criminal proceedings against the individual, and the results thereof. (3) Effect \nThe effect of an expungement order entered under paragraph (1) shall be to restore the individual, in the contemplation of the law, to the status the individual occupied before the arrest or institution of criminal proceedings. (4) Protection from perjury laws \nAn individual concerning whom an expungement order has been entered under paragraph (1) shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of the failure of the individual to recite or acknowledge the arrests or institution of criminal proceedings for the offense, or the results thereof, in response to an inquiry made of the individual for any purpose.", "id": "HF0F5668702FD47A9B1F6D300BFD124F2", "header": "Expungement of record of disposition", "nested": [], "links": [] } ], "links": [] } ]
8
1. Short title This Act may be cited as the Finding Alternatives to Mass Incarceration: Lives Improved by Ending Separation Act of 2023 or the FAMILIES Act. 2. Purpose The purpose of this Act is to divert parents of minor children, expectant parents, and other caregivers from incarceration if those individuals, and society, would be better served by the individuals entering into a comprehensive community supervision program that would provide resources, services, and training to them and their families. 3. Families diversion program (a) In general Chapter 227 of title 18, United States Code, is amended— (1) in subchapter A— (A) in section 3551— (i) in subsection (b)— (I) in paragraph (2), by striking or at the end; (II) in paragraph (3), by striking the period at the end and inserting ; or ; (III) by inserting after paragraph (3) the following: (4) participation in the FAMILIES Program as authorized by subchapter E, as a condition of a term of supervised release imposed under section 3583 ; and (IV) in the undesignated matter following paragraph (4), as so added— (aa) by striking A sentence and inserting Subject to subsection (d), a sentence ; and (bb) by striking A sanction and inserting Subjection to subsection (d), a sanction ; and (ii) by adding at the end the following: (d) Imposition of fines and sanctions in addition to participation in FAMILIES program (1) In general If the court sentences an individual to participation in the FAMILIES Program under subchapter E, the court may not impose a sentence to pay a fine, or impose a sanction under section 3554 (relating to criminal forfeiture), 3555 (relating to notice to victims), or 3556 (relating to restitution), unless the court considers the factors under paragraph (2) of this subsection. (2) Considerations Before imposing a sentence to pay a fine, or imposing a sanction under section 3554, 3555, or 3556, on an individual described in paragraph (1) of this subsection, the court shall— (A) weigh the importance of the fine or sanction against— (i) the ability of the individual to afford the fine, forfeiture, cost of giving notice, or restitution, as applicable; and (ii) the impact of the fine or sanction on the ability of the individual to succeed in the FAMILIES Program; and (B) take all necessary steps to ensure that the success of the individual in the FAMILIES Program is not hindered by financial obstacles. (3) No mandatory restitution Notwithstanding section 3663A, an order of restitution under that section with respect to an individual described in paragraph (1) of this subsection shall be at the discretion of the court and shall be subject to the requirements of this subsection. ; and (B) in section 3553— (i) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; (ii) by inserting after subsection (a) the following: (b) Consideration of diversion to FAMILIES program (1) Determination Notwithstanding any other provision of this section, other than subsection (c), and notwithstanding any minimum term of imprisonment required to be imposed under any other provision of law, in the case of a defendant who is an eligible individual (as defined in section 3590), the court shall determine, in accordance with paragraph (2), whether the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program under subchapter E instead of sentencing the defendant to a term of probation under subchapter B or a term of imprisonment under subchapter D. (2) Factors (A) In general In making the determination under paragraph (1), the court shall consider, in addition to other factors the court determines relevant— (i) whether the defendant has significant caregiver responsibilities, including significant expected parental responsibilities in the case of an individual who is pregnant or the spouse or dating partner of such an individual; (ii) whether the defendant has significant caregiving responsibilities with respect to an adult dependent; (iii) whether the defendant poses no apparent risk of harm to any identifiable child with respect to whom the defendant has significant parental responsibilities; (iv) whether the defendant poses no apparent risk of harm to any identifiable adult dependent with respect to whom the defendant has significant caregiving responsibilities; (v) a statement, if available, regarding the impact that a sentence of probation or imprisonment would have on the family of the defendant; (vi) the nature of the offense as it relates to the future rehabilitation of the defendant; (vii) the defendant’s ties to the community; (viii) a statement from the victim regarding the impact of the offense on the victim; and (ix) any prior criminal history of the defendant. (B) Rule of construction The court shall not be required to find that each factor described in subparagraph (A) weighs in favor of the participation of the defendant in the FAMILIES Program in order to determine that the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program. (3) Findings of fact At the time of sentencing a defendant who is an eligible individual (as defined in section 3590), the court, in stating in open court the reasons for its imposition of the particular sentence under subsection (c), shall include its determination under paragraph (1) of this subsection as to whether the defendant, and society, would be best served by diverting the defendant into the FAMILIES Program under subchapter E, including findings of fact supporting that determination. ; (iii) in subsection (c), as so redesignated, by striking or (c) and inserting or (d) ; (iv) in subsection (d), as so redesignated, by striking or (b) and inserting or (c) ; and (v) in subsection (e)(3), as so redesignated, by striking subsection (c) and inserting subsection (d) ; (2) in subchapter (D), in section 3583(a)— (A) by inserting or a sentence of participation in the FAMILIES Program under subchapter E after term of imprisonment ; and (B) by inserting or as a requirement of participation in the FAMILIES Program, as the case may be, after after imprisonment ; and (3) by adding at the end the following: E FAMILIES Program 3590. Definitions In this subchapter— (1) the term child abuse and neglect has the meaning given the term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note; Public Law 93–247 ); (2) the term dating partner has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (3) the term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (4) the term electronic means includes telephone, teleconference, and videoconference; (5) the term eligible individual means an individual who is— (A) a parent of a minor child; (B) pregnant; (C) a caregiver for a minor child or other minor relative; (D) a caregiver for an individual with disabilities; (E) a caregiver for an elderly family member; or (F) the spouse or dating partner of an individual who is— (i) a parent of a minor child; or (ii) pregnant; (6) the term FAMILIES Program means the program established under section 3590B; (7) the term minor , with respect to an individual, means the individual is under the age of 18; (8) the term Office means the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts; (9) the term participant means an eligible individual who is participating in the FAMILIES Program; (10) the term Secretary means the Secretary of Health and Human Services; and (11) the term trauma-informed decision making means decision making— (A) informed by an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma; and (B) in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. 3590A. Sentencing (a) Imposition of sentence If an eligible individual is found guilty of an offense and the court makes an affirmative determination under section 3553(b)(1), the court shall impose a sentence for the offense that includes participation in the FAMILIES Program instead of a term of probation under subchapter B or a term of imprisonment under subchapter D. (b) Consideration of special FAMILIES Program and expungement procedures In imposing a sentence under subsection (a), the court shall consider whether to utilize the procedures under section 3590D in light of the personal history of the defendant and whether a record of the arrest, criminal proceedings, or conviction for the offense and the associated collateral consequences would harm the defendant and the ability of the defendant to perform caregiving duties. (c) Identifying programs and services (1) In general In imposing a sentence under subsection (a), the court, in collaboration with the Office and the Secretary, shall identify the programs and services in which the defendant shall be required to meaningfully participate in order to successfully complete the FAMILIES Program. (2) User fees and other costs (A) In general In identifying the programs and services in which a defendant shall be required to meaningfully participate under the Families Program, the court may not impose on the defendant any user fee or other cost relating to those programs and services unless the court considers the factors under subparagraph (B). (B) Considerations Before imposing any user fee or other cost relating to programs and services under the Families Program on a defendant, the court shall— (i) weigh the importance of the fee or other cost against— (I) the ability of the defendant to afford the fee or other cost; and (II) the impact of the fee or other cost on the ability of the defendant to succeed in the FAMILIES Program; and (ii) take all necessary steps to ensure that the success of the defendant in the FAMILIES Program is not hindered by financial obstacles. (d) Training for judges The Secretary, in collaboration with the Attorney General, the United States Sentencing Commission, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts shall develop training for judges of the district courts on how to implement the FAMILIES Program, which shall include training on— (1) trauma-informed decision making; (2) child development, family dynamics, and the effects of parental separation; (3) domestic violence; (4) child abuse and neglect; (5) substance abuse and addiction; (6) mental health; (7) cultural competence; and (8) examining bias. 3590B. FAMILIES Program (a) Establishment The Office, in cooperation with the Director of the Administrative Office of the United States Courts, the Attorney General, the Secretary, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts, shall establish and operate the FAMILIES Program for purposes of this subchapter. (b) Contents The FAMILIES Program shall include— (1) education programs, including— (A) general educational development (commonly known as GED ) programs; and (B) postsecondary education programs, including enrollment in community college coursework; (2) employment counseling and job-seeking activities; (3) subsidized jobs programs; (4) in-home parenting and skill-based programs; (5) substance abuse and mental health treatment programs, including medication-assisted treatment programs that make available not less than 2 drugs that have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the treatment of an opioid use disorder; and (6) two-generation model programs that address needs of both the parent and the child. (c) Collaboration with state and local governments The Office, the Director of the Administrative Office of the United States Courts, the Attorney General, and the Secretary shall collaborate with State and local governmental agencies and nonprofit organizations, including community-based nonprofit organizations, to offer comprehensive community supervision programs and services to a participant under the FAMILIES Program in areas close to the place of residence of the participant. (d) Connection to services To the extent practicable, the Office shall connect an eligible individual who is sentenced to participate in the FAMILIES Program to services and programs that will meet the basic needs of the individual and the family of the individual, as appropriate, including— (1) health care services, including assistance with enrollment in health insurance; (2) housing assistance; (3) services to help the individual enroll in— (A) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) (commonly known as the WIC Program ); (B) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) (commonly known as the SNAP Program ); (C) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) (commonly known as the TANF Program ); (D) disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or other benefits payable under such title on the basis of a disability; and (E) supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (4) evidence-based substance use disorder treatment, including medication-assisted treatment described in subsection (b)(5), and harm reduction services; and (5) any other service or program that the Office determines necessary to meet the basic needs of the individual and the family of the individual, including family therapy or counseling services. (e) Operation during emergencies (1) In general To the extent practicable, during a period of a national or State public health emergency, including the COVID–19 pandemic, the FAMILIES Program may be conducted solely by electronic means. (2) Inability to participate During a period described in paragraph (1), if an element of the FAMILIES Program is not available by electronic means— (A) a participant shall not be penalized for being unable to participate in the unavailable element; and (B) the Office may offer a participant described in subparagraph (A) the opportunity to participate in other elements of the FAMILIES Program that can be conducted solely by electronic means. 3590C. Continuation or revocation of participation (a) In general If the defendant violates a condition of participation in the FAMILIES Program at any time prior to completion of the program, the court may, after conducting a hearing, considering the factors set forth in section 3553(a) to the extent that they are applicable, and considering whether the programmatic requirements of the sentence need to be modified in order for the defendant to be successful— (1) continue the participation of the defendant in the FAMILIES Program, with or without extending the term or modifying or enlarging the conditions; or (2) revoke the sentence and resentence the defendant under subchapter A. (b) Right to counsel (1) In general At a hearing conducted under subsection (a), the defendant shall have the right to be represented by counsel. (2) Court-provided counsel (A) In general If the defendant is financially unable to obtain representation by counsel for the hearing under subsection (a), the court shall appoint counsel to represent the defendant in the hearing. (B) Appointment; compensation Appointment and compensation of counsel under subparagraph (A) shall be in accordance with section 3006A. (c) Substance use disorder relapse If a defendant participating in the FAMILIES Program who is recovering from a substance use disorder suffers a relapse, the court— (1) shall notify each service provider that is working with the defendant under the FAMILIES Program; and (2) may not revoke the sentence of the defendant or otherwise penalize the defendant under subsection (a) solely because of the relapse. 3590D. Pre-judgment sentence and expungement procedures (a) Pre-Judgment sentence (1) In general If an eligible individual is found guilty of an offense and the court makes an affirmative determination under sections 3553(b)(1) and 3590A(b), the court may, with the consent of the individual, sentence the individual to participation in the FAMILIES Program for a term to be determined by the court without entering a judgment of conviction. (2) Early discharge At any time before the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court may, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (3) Timely discharge At the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court shall, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (4) Revocation If the individual violates a condition of participation in the FAMILIES Program, the court shall proceed in accordance with the provisions of section 3590C. (b) Collateral consequences A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose. (c) Expungement of record of disposition (1) In general If the case against an individual is the subject of a disposition under subsection (a), and the individual was less than 21 years old at the time of the offense, the court shall enter an expungement order upon dismissing the proceedings against the individual and discharging the individual from the FAMILIES Program. (2) Contents of order An expungement order entered under paragraph (1) shall direct that there be expunged from all official records all references to the arrest of the individual for the offense, the institution of criminal proceedings against the individual, and the results thereof. (3) Effect The effect of an expungement order entered under paragraph (1) shall be to restore the individual, in the contemplation of the law, to the status the individual occupied before the arrest or institution of criminal proceedings. (4) Protection from perjury laws An individual concerning whom an expungement order has been entered under paragraph (1) shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of the failure of the individual to recite or acknowledge the arrests or institution of criminal proceedings for the offense, or the results thereof, in response to an inquiry made of the individual for any purpose.. (b) Technical and conforming amendments Chapter 227 of title 18, United States Code, is amended— (1) by striking the matter between the chapter heading and the heading for subchapter A and inserting the following: SUBCHAPTER A—General provisions Sec. 3551. Authorized sentences. 3552. Presentence reports. 3553. Imposition of a sentence. 3554. Order of criminal forfeiture. 3555. Order of notice to victims. 3556. Order of restitution. 3557. Review of a sentence. 3558. Implementation of a sentence. 3559. Sentencing classification of offenses. SUBCHAPTER B—Probation 3561. Sentence of probation. 3562. Imposition of a sentence of probation. 3563. Conditions of probation. 3564. Running of a term of probation. 3565. Revocation of probation. 3566. Implementation of a sentence of probation. SUBCHAPTER C—Fines 3571. Sentence of fine. 3572. Imposition of a sentence of fine and related matters. 3573. Petition of the government for modification or remission. 3574. Implementation of a sentence of fine. SUBCHAPTER D—Imprisonment 3581. Sentence of imprisonment. 3582. Imposition of a sentence of imprisonment. 3583. Inclusion of a term of supervised release after imprisonment. 3584. Multiple sentences of imprisonment. 3585. Calculation of a term of imprisonment. 3586. Implementation of a sentence of imprisonment. SUBCHAPTER E—FAMILIES Program 3590. Definitions. 3590A. Sentencing. 3590B. FAMILIES Program. 3590C. Continuation or revocation of participation. 3590D. Pre-judgment sentence and expungement procedures. ; (2) by striking the matter between section 3559 and the heading for subchapter B; (3) by striking the matter between section 3566 and the heading for subchapter C; and (4) by striking the matter between section 3574 and the heading for subchapter D. (c) State grant program (1) Definition In this subsection, the term Attorney General means the Attorney General, acting through the Director of the Bureau of Justice Assistance. (2) Authority The Attorney General shall make grants to States to replicate, on a larger scale, successful State parenting sentencing alternatives (commonly known as PSA ) programs that have the potential to keep parents out of prison. (3) Appropriation There is appropriated, out of amounts in the Treasury not otherwise appropriated, for fiscal year 2024, to remain available until expended, $20,000,000 to the Attorney General to carry out paragraph (2). (d) Studies (1) Office of Planning, Research and Evaluation study (A) In general Not later than 2 years after the date of enactment of this Act, the Office of Planning, Research and Evaluation of the Department of Health and Human Services, in collaboration with the National Institute of Justice, shall study and publish a report on the effects of incarceration on children of incarcerated parents. (B) Appropriation Out of amounts in the Treasury not otherwise appropriated, there is appropriated to the Office of Planning, Research and Evaluation of the Department of Health and Human Services to carry out the study under subparagraph (A), $1,000,000 for fiscal year 2024, to remain available until expended. (2) GAO study Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall examine the implementation of the FAMILIES Program under subchapter E of chapter 227 of title 18, United States Code (as added by subsection (a)), focusing on demographic data and profiles of program participants in order to— (A) determine— (i) who is receiving the benefits of the program; (ii) that program services are equitably available to all eligible individuals; and (iii) how program services can be better directed to eligible individuals who would otherwise be sentenced to a term of probation or a term of imprisonment; and (B) examine access to the FAMILIES Program for Black, Latinx or Hispanic, Native American, Asian American, and Pacific Islander communities. (e) Appropriations (1) Implementation Out of amounts in the Treasury not otherwise appropriated, there is appropriated to the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts to carry out the FAMILIES Program established under section 3590B of title 18, United States Code, as added by subsection (a) of this section, $100,000,000 for fiscal year 2024, to remain available until expended. (2) Training Out of amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary of Health and Human Services to develop training for judges under section 3590A(d) of title 18, United States Code, as added by subsection (a) of this section, $5,000,000 for fiscal year 2024, to remain available until expended. 3590. Definitions In this subchapter— (1) the term child abuse and neglect has the meaning given the term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note; Public Law 93–247 ); (2) the term dating partner has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (3) the term domestic violence has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(a) ); (4) the term electronic means includes telephone, teleconference, and videoconference; (5) the term eligible individual means an individual who is— (A) a parent of a minor child; (B) pregnant; (C) a caregiver for a minor child or other minor relative; (D) a caregiver for an individual with disabilities; (E) a caregiver for an elderly family member; or (F) the spouse or dating partner of an individual who is— (i) a parent of a minor child; or (ii) pregnant; (6) the term FAMILIES Program means the program established under section 3590B; (7) the term minor , with respect to an individual, means the individual is under the age of 18; (8) the term Office means the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts; (9) the term participant means an eligible individual who is participating in the FAMILIES Program; (10) the term Secretary means the Secretary of Health and Human Services; and (11) the term trauma-informed decision making means decision making— (A) informed by an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma; and (B) in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. 3590A. Sentencing (a) Imposition of sentence If an eligible individual is found guilty of an offense and the court makes an affirmative determination under section 3553(b)(1), the court shall impose a sentence for the offense that includes participation in the FAMILIES Program instead of a term of probation under subchapter B or a term of imprisonment under subchapter D. (b) Consideration of special FAMILIES Program and expungement procedures In imposing a sentence under subsection (a), the court shall consider whether to utilize the procedures under section 3590D in light of the personal history of the defendant and whether a record of the arrest, criminal proceedings, or conviction for the offense and the associated collateral consequences would harm the defendant and the ability of the defendant to perform caregiving duties. (c) Identifying programs and services (1) In general In imposing a sentence under subsection (a), the court, in collaboration with the Office and the Secretary, shall identify the programs and services in which the defendant shall be required to meaningfully participate in order to successfully complete the FAMILIES Program. (2) User fees and other costs (A) In general In identifying the programs and services in which a defendant shall be required to meaningfully participate under the Families Program, the court may not impose on the defendant any user fee or other cost relating to those programs and services unless the court considers the factors under subparagraph (B). (B) Considerations Before imposing any user fee or other cost relating to programs and services under the Families Program on a defendant, the court shall— (i) weigh the importance of the fee or other cost against— (I) the ability of the defendant to afford the fee or other cost; and (II) the impact of the fee or other cost on the ability of the defendant to succeed in the FAMILIES Program; and (ii) take all necessary steps to ensure that the success of the defendant in the FAMILIES Program is not hindered by financial obstacles. (d) Training for judges The Secretary, in collaboration with the Attorney General, the United States Sentencing Commission, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts shall develop training for judges of the district courts on how to implement the FAMILIES Program, which shall include training on— (1) trauma-informed decision making; (2) child development, family dynamics, and the effects of parental separation; (3) domestic violence; (4) child abuse and neglect; (5) substance abuse and addiction; (6) mental health; (7) cultural competence; and (8) examining bias. 3590B. FAMILIES Program (a) Establishment The Office, in cooperation with the Director of the Administrative Office of the United States Courts, the Attorney General, the Secretary, and the Chief of the Defender Services Office of the Administrative Office of the United States Courts, shall establish and operate the FAMILIES Program for purposes of this subchapter. (b) Contents The FAMILIES Program shall include— (1) education programs, including— (A) general educational development (commonly known as GED ) programs; and (B) postsecondary education programs, including enrollment in community college coursework; (2) employment counseling and job-seeking activities; (3) subsidized jobs programs; (4) in-home parenting and skill-based programs; (5) substance abuse and mental health treatment programs, including medication-assisted treatment programs that make available not less than 2 drugs that have been approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the treatment of an opioid use disorder; and (6) two-generation model programs that address needs of both the parent and the child. (c) Collaboration with state and local governments The Office, the Director of the Administrative Office of the United States Courts, the Attorney General, and the Secretary shall collaborate with State and local governmental agencies and nonprofit organizations, including community-based nonprofit organizations, to offer comprehensive community supervision programs and services to a participant under the FAMILIES Program in areas close to the place of residence of the participant. (d) Connection to services To the extent practicable, the Office shall connect an eligible individual who is sentenced to participate in the FAMILIES Program to services and programs that will meet the basic needs of the individual and the family of the individual, as appropriate, including— (1) health care services, including assistance with enrollment in health insurance; (2) housing assistance; (3) services to help the individual enroll in— (A) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) (commonly known as the WIC Program ); (B) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) (commonly known as the SNAP Program ); (C) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) (commonly known as the TANF Program ); (D) disability insurance benefits under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), or other benefits payable under such title on the basis of a disability; and (E) supplemental security income benefits under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (4) evidence-based substance use disorder treatment, including medication-assisted treatment described in subsection (b)(5), and harm reduction services; and (5) any other service or program that the Office determines necessary to meet the basic needs of the individual and the family of the individual, including family therapy or counseling services. (e) Operation during emergencies (1) In general To the extent practicable, during a period of a national or State public health emergency, including the COVID–19 pandemic, the FAMILIES Program may be conducted solely by electronic means. (2) Inability to participate During a period described in paragraph (1), if an element of the FAMILIES Program is not available by electronic means— (A) a participant shall not be penalized for being unable to participate in the unavailable element; and (B) the Office may offer a participant described in subparagraph (A) the opportunity to participate in other elements of the FAMILIES Program that can be conducted solely by electronic means. 3590C. Continuation or revocation of participation (a) In general If the defendant violates a condition of participation in the FAMILIES Program at any time prior to completion of the program, the court may, after conducting a hearing, considering the factors set forth in section 3553(a) to the extent that they are applicable, and considering whether the programmatic requirements of the sentence need to be modified in order for the defendant to be successful— (1) continue the participation of the defendant in the FAMILIES Program, with or without extending the term or modifying or enlarging the conditions; or (2) revoke the sentence and resentence the defendant under subchapter A. (b) Right to counsel (1) In general At a hearing conducted under subsection (a), the defendant shall have the right to be represented by counsel. (2) Court-provided counsel (A) In general If the defendant is financially unable to obtain representation by counsel for the hearing under subsection (a), the court shall appoint counsel to represent the defendant in the hearing. (B) Appointment; compensation Appointment and compensation of counsel under subparagraph (A) shall be in accordance with section 3006A. (c) Substance use disorder relapse If a defendant participating in the FAMILIES Program who is recovering from a substance use disorder suffers a relapse, the court— (1) shall notify each service provider that is working with the defendant under the FAMILIES Program; and (2) may not revoke the sentence of the defendant or otherwise penalize the defendant under subsection (a) solely because of the relapse. 3590D. Pre-judgment sentence and expungement procedures (a) Pre-Judgment sentence (1) In general If an eligible individual is found guilty of an offense and the court makes an affirmative determination under sections 3553(b)(1) and 3590A(b), the court may, with the consent of the individual, sentence the individual to participation in the FAMILIES Program for a term to be determined by the court without entering a judgment of conviction. (2) Early discharge At any time before the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court may, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (3) Timely discharge At the expiration of the term of the sentence under paragraph (1), if the individual has not violated a condition of participation in the FAMILIES Program, the court shall, without entering a judgment of conviction, dismiss the proceedings against the individual and discharge the individual from the FAMILIES Program. (4) Revocation If the individual violates a condition of participation in the FAMILIES Program, the court shall proceed in accordance with the provisions of section 3590C. (b) Collateral consequences A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose. (c) Expungement of record of disposition (1) In general If the case against an individual is the subject of a disposition under subsection (a), and the individual was less than 21 years old at the time of the offense, the court shall enter an expungement order upon dismissing the proceedings against the individual and discharging the individual from the FAMILIES Program. (2) Contents of order An expungement order entered under paragraph (1) shall direct that there be expunged from all official records all references to the arrest of the individual for the offense, the institution of criminal proceedings against the individual, and the results thereof. (3) Effect The effect of an expungement order entered under paragraph (1) shall be to restore the individual, in the contemplation of the law, to the status the individual occupied before the arrest or institution of criminal proceedings. (4) Protection from perjury laws An individual concerning whom an expungement order has been entered under paragraph (1) shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of the failure of the individual to recite or acknowledge the arrests or institution of criminal proceedings for the offense, or the results thereof, in response to an inquiry made of the individual for any purpose.
37,389
[ "Judiciary Committee" ]
118hr5092ih
118
hr
5,092
ih
To amend title XVII of the Energy Policy Act of 2005 to specify that the Secretary of Energy may not make a loan guarantee under such title for a project if the applicable borrower has previously defaulted on an obligation guaranteed under such title, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Energy Accountability Act.", "id": "HAD30E47A658D49849C8051CC58C5D69D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Disqualification of borrowers who have previously defaulted \nSection 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is amended by adding at the end the following: (s) Disqualification for previous defaults \nThe Secretary may not make a guarantee under this title for a project if the borrower or any related or successor entity, as determined by the Secretary, has previously defaulted on an obligation guaranteed under this title..", "id": "H76946003846040B7A2CBFA58CDC567FE", "header": "Disqualification of borrowers who have previously defaulted", "nested": [], "links": [ { "text": "42 U.S.C. 16512", "legal-doc": "usc", "parsable-cite": "usc/42/16512" } ] } ]
2
1. Short title This Act may be cited as the Energy Accountability Act. 2. Disqualification of borrowers who have previously defaulted Section 1702 of the Energy Policy Act of 2005 ( 42 U.S.C. 16512 ) is amended by adding at the end the following: (s) Disqualification for previous defaults The Secretary may not make a guarantee under this title for a project if the borrower or any related or successor entity, as determined by the Secretary, has previously defaulted on an obligation guaranteed under this title..
518
[ "Energy and Commerce Committee", "Science, Space, and Technology Committee" ]
118hr5811ih
118
hr
5,811
ih
To use Byrne JAG funds for deflection and diversion programs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Public Safety and Community Support Act.", "id": "H1B879A6DC4F04F3590F7196F22428FC4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Deflection and pre-arrest diversion \n(a) Findings \nCongress finds the following: (1) Law enforcement officers and other first responders are at the front line of the opioid epidemic. However, a traditional law enforcement response to substance use often fails to disrupt the cycle of addiction and arrest, or reduce the risk of overdose. (2) Law enforcement-assisted deflection and diversion programs have the potential to improve public health, decrease the number of people entering the criminal justice system for low-level offenses, and address racial disparities. (3) According to the Bureau of Justice Assistance of the Department of Justice, Five pathways have been most commonly associated with opioid overdose prevention and diversion to treatment. The 6 pathways are— (A) self-referral , in which— (i) an individual voluntarily initiates contact with a first responder, such as a law enforcement officer, firefighter, or emergency medical services professional, for a treatment referral (without fear of arrest); and (ii) the first responder personally introduces the individual to a treatment provider (commonly known as a warm handoff ); (B) active outreach , in which a law enforcement officer or other first responder— (i) identifies or seeks out individuals in need of substance use disorder treatment; and (ii) makes a warm handoff of such an individual to a treatment provider, who engages the individual in treatment; (C) naloxone plus , in which a law enforcement officer or other first responder engages an individual in treatment as a follow-up to an overdose response; (D) officer prevention referral , in which a law enforcement officer or other first responder initiates treatment engagement with an individual, but no criminal charges are filed against the individual; (E) officer intervention referral , in which— (i) a law enforcement officer or other first responder initiates treatment engagement with an individual; and (ii) (I) criminal charges are filed against the individual and held in abeyance; or (II) a citation is issued to the individual; and (F) community response , in which a team comprising community-based behavioral health professionals engages individuals to help de-escalate crises, mediate low-level conflicts, or address quality of life issues by providing a referral to treatment, services or to a case manager. (4) As of the date of enactment of this Act, there are no national best practices or guidelines for law enforcement-assisted deflection and diversion programs. (b) Use of byrne jag funds for deflection and diversion programs \nSection 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ) is amended— (1) in subsection (a)(1)(E), by inserting before the period at the end the following: , including law enforcement-assisted deflection programs and law enforcement-assisted pre-arrest and pre-booking diversion programs (as those terms are defined in subsection (h)) ; and (2) by adding at the end the following: (h) Law enforcement-Assisted deflection programs and law enforcement-Assisted pre-Arrest and pre-Booking diversion programs \n(1) Definitions \nIn this subsection: (A) Covered grant \nThe term covered grant means a grant for a deflection or diversion program awarded under subsection (a)(1)(E). (B) Deflection or diversion program \nThe term deflection or diversion program means a law enforcement-assisted deflection program or a law enforcement-assisted pre-arrest or pre-booking diversion, including a program under which— (i) an individual voluntarily initiates contact with a first responder for a substance use disorder or mental health treatment referral without fear of arrest and receives a warm handoff to such treatment; (ii) a law enforcement officer or other first responder identifies or seeks out individuals in need of substance use disorder or mental health treatment and a warm handoff is made to a treatment provider, who engages the individuals in treatment; (iii) a law enforcement officer or other first responder engages an individual in substance use disorder treatment as part of an overdose response; (iv) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement, but no criminal charges are filed; (v) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement with an individual; or (vi) charges are filed against an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or mental health disorder and held in abeyance or a citation is issued to such an individual. (C) Law enforcement-assisted deflection program \nThe term law enforcement-assisted deflection program means a program under which a law enforcement officer, when encountering an individual who is not engaged in criminal activity but appears to have a substance use disorder or mental health disorder, instead of taking no action at the time of contact or taking action at a later time, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers— (i) without the use of coercion or fear of arrest; and (ii) using established pathways for connections to local, community-based treatment. (D) Law enforcement-assisted pre-arrest or pre-booking diversion program \nThe term law enforcement-assisted pre-arrest or pre-booking diversion program means a program— (i) under which a law enforcement officer, when encountering an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or the mental health disorder of the individual, instead of arresting the individual, or instead of booking the individual after having arrested the individual, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers— (I) without the use of coercion; and (II) using established pathways for connections to local, community-based treatment; (ii) under which, in the case of pre-arrest diversion, a law enforcement officer described in clause (i) may decide to— (I) issue a civil citation; or (II) take no action with respect to the offense for which the officer would otherwise have arrested the individual described in clause (i); and (iii) that may authorize a law enforcement officer to refer an individual to substance use disorder treatment providers or mental health treatment providers if the individual appears to have a substance use disorder or mental health disorder and the officer suspects the individual of chronic violations of law but lacks probable cause to arrest the individual (commonly known as a social contact referral ). (2) Sense of congress regarding deflection or diversion programs \nIt is the sense of Congress that a deflection or diversion program funded under this subpart should not exclude individuals who are chronically exposed to the criminal justice system. (3) Reports to attorney general \nNot later than 2 years after the date on which a State or unit of local government is awarded a covered grant, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the deflection or diversion program carried out by the State or unit of local government, including information relating to— (A) the goals of the deflection or diversion program; (B) any evidence-based interventions carried out under the deflection or diversion program; (C) outcomes of the deflection or diversion program, which shall— (i) be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the deflection or diversion program— (I) the race of the participants; and (II) the gender of the participants; and (ii) include information relating to the rate of reincarceration among participants in the deflection or diversion program, if available; and (D) expenditures under the deflection or diversion program.. (c) Technical assistance grant program \n(1) Definitions \nIn this subsection— (A) the term deflection or diversion program has the meaning given the term in subsection (h) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ), as added by subsection (b); and (B) the terms State and unit of local government have the meanings given those terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). (2) Grant authorized \nThe Attorney General shall award a single grant to an entity with significant experience in working with law enforcement agencies, community-based treatment providers, and other community-based human service providers to develop or administer both deflection and diversion programs that use each of the 6 pathways described in subsection (a)(3), to promote and maximize the effectiveness and racial equity of deflection or diversion programs, in order to— (A) help State and units of local government launch and expand deflection or diversion programs; (B) develop best practices for deflection or diversion teams, which shall include— (i) recommendations on community input and engagement in order to implement deflection or diversion programs as rapidly as possible and with regard to the particular needs of a community, including regular community meetings and other mechanisms for engagement with— (I) law enforcement agencies; (II) community-based treatment providers and other community-based human service providers; (III) the recovery community; and (IV) the community at-large; and (ii) the implementation of metrics to measure community satisfaction concerning the meaningful participation and interaction of the community with the deflection or diversion program and program stakeholders; (C) develop and publish a training and technical assistance tool kit for deflection or diversion for public education purposes; (D) disseminate uniform criteria and standards for the delivery of deflection or diversion program services; and (E) develop outcome measures that can be used to continuously inform and improve social, clinical, financial and racial equity outcomes. (3) Term \nThe term of the grant awarded under paragraph (2) shall be 5 years. (4) Authorization of appropriations \nThere are authorized to be appropriated to the Attorney General $30,000,000 for the grant under paragraph (2).", "id": "H5CFE4CE81255425CB643F143C6DCEDBE", "header": "Deflection and pre-arrest diversion", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Law enforcement officers and other first responders are at the front line of the opioid epidemic. However, a traditional law enforcement response to substance use often fails to disrupt the cycle of addiction and arrest, or reduce the risk of overdose. (2) Law enforcement-assisted deflection and diversion programs have the potential to improve public health, decrease the number of people entering the criminal justice system for low-level offenses, and address racial disparities. (3) According to the Bureau of Justice Assistance of the Department of Justice, Five pathways have been most commonly associated with opioid overdose prevention and diversion to treatment. The 6 pathways are— (A) self-referral , in which— (i) an individual voluntarily initiates contact with a first responder, such as a law enforcement officer, firefighter, or emergency medical services professional, for a treatment referral (without fear of arrest); and (ii) the first responder personally introduces the individual to a treatment provider (commonly known as a warm handoff ); (B) active outreach , in which a law enforcement officer or other first responder— (i) identifies or seeks out individuals in need of substance use disorder treatment; and (ii) makes a warm handoff of such an individual to a treatment provider, who engages the individual in treatment; (C) naloxone plus , in which a law enforcement officer or other first responder engages an individual in treatment as a follow-up to an overdose response; (D) officer prevention referral , in which a law enforcement officer or other first responder initiates treatment engagement with an individual, but no criminal charges are filed against the individual; (E) officer intervention referral , in which— (i) a law enforcement officer or other first responder initiates treatment engagement with an individual; and (ii) (I) criminal charges are filed against the individual and held in abeyance; or (II) a citation is issued to the individual; and (F) community response , in which a team comprising community-based behavioral health professionals engages individuals to help de-escalate crises, mediate low-level conflicts, or address quality of life issues by providing a referral to treatment, services or to a case manager. (4) As of the date of enactment of this Act, there are no national best practices or guidelines for law enforcement-assisted deflection and diversion programs.", "id": "HC45B5354E79C482283C8E6FA02BD308F", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Use of byrne jag funds for deflection and diversion programs \nSection 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ) is amended— (1) in subsection (a)(1)(E), by inserting before the period at the end the following: , including law enforcement-assisted deflection programs and law enforcement-assisted pre-arrest and pre-booking diversion programs (as those terms are defined in subsection (h)) ; and (2) by adding at the end the following: (h) Law enforcement-Assisted deflection programs and law enforcement-Assisted pre-Arrest and pre-Booking diversion programs \n(1) Definitions \nIn this subsection: (A) Covered grant \nThe term covered grant means a grant for a deflection or diversion program awarded under subsection (a)(1)(E). (B) Deflection or diversion program \nThe term deflection or diversion program means a law enforcement-assisted deflection program or a law enforcement-assisted pre-arrest or pre-booking diversion, including a program under which— (i) an individual voluntarily initiates contact with a first responder for a substance use disorder or mental health treatment referral without fear of arrest and receives a warm handoff to such treatment; (ii) a law enforcement officer or other first responder identifies or seeks out individuals in need of substance use disorder or mental health treatment and a warm handoff is made to a treatment provider, who engages the individuals in treatment; (iii) a law enforcement officer or other first responder engages an individual in substance use disorder treatment as part of an overdose response; (iv) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement, but no criminal charges are filed; (v) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement with an individual; or (vi) charges are filed against an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or mental health disorder and held in abeyance or a citation is issued to such an individual. (C) Law enforcement-assisted deflection program \nThe term law enforcement-assisted deflection program means a program under which a law enforcement officer, when encountering an individual who is not engaged in criminal activity but appears to have a substance use disorder or mental health disorder, instead of taking no action at the time of contact or taking action at a later time, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers— (i) without the use of coercion or fear of arrest; and (ii) using established pathways for connections to local, community-based treatment. (D) Law enforcement-assisted pre-arrest or pre-booking diversion program \nThe term law enforcement-assisted pre-arrest or pre-booking diversion program means a program— (i) under which a law enforcement officer, when encountering an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or the mental health disorder of the individual, instead of arresting the individual, or instead of booking the individual after having arrested the individual, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers— (I) without the use of coercion; and (II) using established pathways for connections to local, community-based treatment; (ii) under which, in the case of pre-arrest diversion, a law enforcement officer described in clause (i) may decide to— (I) issue a civil citation; or (II) take no action with respect to the offense for which the officer would otherwise have arrested the individual described in clause (i); and (iii) that may authorize a law enforcement officer to refer an individual to substance use disorder treatment providers or mental health treatment providers if the individual appears to have a substance use disorder or mental health disorder and the officer suspects the individual of chronic violations of law but lacks probable cause to arrest the individual (commonly known as a social contact referral ). (2) Sense of congress regarding deflection or diversion programs \nIt is the sense of Congress that a deflection or diversion program funded under this subpart should not exclude individuals who are chronically exposed to the criminal justice system. (3) Reports to attorney general \nNot later than 2 years after the date on which a State or unit of local government is awarded a covered grant, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the deflection or diversion program carried out by the State or unit of local government, including information relating to— (A) the goals of the deflection or diversion program; (B) any evidence-based interventions carried out under the deflection or diversion program; (C) outcomes of the deflection or diversion program, which shall— (i) be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the deflection or diversion program— (I) the race of the participants; and (II) the gender of the participants; and (ii) include information relating to the rate of reincarceration among participants in the deflection or diversion program, if available; and (D) expenditures under the deflection or diversion program..", "id": "H48DADAD6A339442EA470E12FC4E94C58", "header": "Use of byrne jag funds for deflection and diversion programs", "nested": [], "links": [ { "text": "34 U.S.C. 10152", "legal-doc": "usc", "parsable-cite": "usc/34/10152" } ] }, { "text": "(c) Technical assistance grant program \n(1) Definitions \nIn this subsection— (A) the term deflection or diversion program has the meaning given the term in subsection (h) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ), as added by subsection (b); and (B) the terms State and unit of local government have the meanings given those terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). (2) Grant authorized \nThe Attorney General shall award a single grant to an entity with significant experience in working with law enforcement agencies, community-based treatment providers, and other community-based human service providers to develop or administer both deflection and diversion programs that use each of the 6 pathways described in subsection (a)(3), to promote and maximize the effectiveness and racial equity of deflection or diversion programs, in order to— (A) help State and units of local government launch and expand deflection or diversion programs; (B) develop best practices for deflection or diversion teams, which shall include— (i) recommendations on community input and engagement in order to implement deflection or diversion programs as rapidly as possible and with regard to the particular needs of a community, including regular community meetings and other mechanisms for engagement with— (I) law enforcement agencies; (II) community-based treatment providers and other community-based human service providers; (III) the recovery community; and (IV) the community at-large; and (ii) the implementation of metrics to measure community satisfaction concerning the meaningful participation and interaction of the community with the deflection or diversion program and program stakeholders; (C) develop and publish a training and technical assistance tool kit for deflection or diversion for public education purposes; (D) disseminate uniform criteria and standards for the delivery of deflection or diversion program services; and (E) develop outcome measures that can be used to continuously inform and improve social, clinical, financial and racial equity outcomes. (3) Term \nThe term of the grant awarded under paragraph (2) shall be 5 years. (4) Authorization of appropriations \nThere are authorized to be appropriated to the Attorney General $30,000,000 for the grant under paragraph (2).", "id": "H8CF2B5DFC18B4FDABA9D1216292E4AC7", "header": "Technical assistance grant program", "nested": [], "links": [ { "text": "34 U.S.C. 10152", "legal-doc": "usc", "parsable-cite": "usc/34/10152" }, { "text": "34 U.S.C. 10251", "legal-doc": "usc", "parsable-cite": "usc/34/10251" } ] } ], "links": [ { "text": "34 U.S.C. 10152", "legal-doc": "usc", "parsable-cite": "usc/34/10152" }, { "text": "34 U.S.C. 10152", "legal-doc": "usc", "parsable-cite": "usc/34/10152" }, { "text": "34 U.S.C. 10251", "legal-doc": "usc", "parsable-cite": "usc/34/10251" } ] } ]
2
1. Short title This Act may be cited as the Public Safety and Community Support Act. 2. Deflection and pre-arrest diversion (a) Findings Congress finds the following: (1) Law enforcement officers and other first responders are at the front line of the opioid epidemic. However, a traditional law enforcement response to substance use often fails to disrupt the cycle of addiction and arrest, or reduce the risk of overdose. (2) Law enforcement-assisted deflection and diversion programs have the potential to improve public health, decrease the number of people entering the criminal justice system for low-level offenses, and address racial disparities. (3) According to the Bureau of Justice Assistance of the Department of Justice, Five pathways have been most commonly associated with opioid overdose prevention and diversion to treatment. The 6 pathways are— (A) self-referral , in which— (i) an individual voluntarily initiates contact with a first responder, such as a law enforcement officer, firefighter, or emergency medical services professional, for a treatment referral (without fear of arrest); and (ii) the first responder personally introduces the individual to a treatment provider (commonly known as a warm handoff ); (B) active outreach , in which a law enforcement officer or other first responder— (i) identifies or seeks out individuals in need of substance use disorder treatment; and (ii) makes a warm handoff of such an individual to a treatment provider, who engages the individual in treatment; (C) naloxone plus , in which a law enforcement officer or other first responder engages an individual in treatment as a follow-up to an overdose response; (D) officer prevention referral , in which a law enforcement officer or other first responder initiates treatment engagement with an individual, but no criminal charges are filed against the individual; (E) officer intervention referral , in which— (i) a law enforcement officer or other first responder initiates treatment engagement with an individual; and (ii) (I) criminal charges are filed against the individual and held in abeyance; or (II) a citation is issued to the individual; and (F) community response , in which a team comprising community-based behavioral health professionals engages individuals to help de-escalate crises, mediate low-level conflicts, or address quality of life issues by providing a referral to treatment, services or to a case manager. (4) As of the date of enactment of this Act, there are no national best practices or guidelines for law enforcement-assisted deflection and diversion programs. (b) Use of byrne jag funds for deflection and diversion programs Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ) is amended— (1) in subsection (a)(1)(E), by inserting before the period at the end the following: , including law enforcement-assisted deflection programs and law enforcement-assisted pre-arrest and pre-booking diversion programs (as those terms are defined in subsection (h)) ; and (2) by adding at the end the following: (h) Law enforcement-Assisted deflection programs and law enforcement-Assisted pre-Arrest and pre-Booking diversion programs (1) Definitions In this subsection: (A) Covered grant The term covered grant means a grant for a deflection or diversion program awarded under subsection (a)(1)(E). (B) Deflection or diversion program The term deflection or diversion program means a law enforcement-assisted deflection program or a law enforcement-assisted pre-arrest or pre-booking diversion, including a program under which— (i) an individual voluntarily initiates contact with a first responder for a substance use disorder or mental health treatment referral without fear of arrest and receives a warm handoff to such treatment; (ii) a law enforcement officer or other first responder identifies or seeks out individuals in need of substance use disorder or mental health treatment and a warm handoff is made to a treatment provider, who engages the individuals in treatment; (iii) a law enforcement officer or other first responder engages an individual in substance use disorder treatment as part of an overdose response; (iv) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement, but no criminal charges are filed; (v) a law enforcement officer or other first responder initiates substance use disorder or mental health treatment engagement with an individual; or (vi) charges are filed against an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or mental health disorder and held in abeyance or a citation is issued to such an individual. (C) Law enforcement-assisted deflection program The term law enforcement-assisted deflection program means a program under which a law enforcement officer, when encountering an individual who is not engaged in criminal activity but appears to have a substance use disorder or mental health disorder, instead of taking no action at the time of contact or taking action at a later time, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers— (i) without the use of coercion or fear of arrest; and (ii) using established pathways for connections to local, community-based treatment. (D) Law enforcement-assisted pre-arrest or pre-booking diversion program The term law enforcement-assisted pre-arrest or pre-booking diversion program means a program— (i) under which a law enforcement officer, when encountering an individual who has committed an offense that is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or the mental health disorder of the individual, instead of arresting the individual, or instead of booking the individual after having arrested the individual, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers— (I) without the use of coercion; and (II) using established pathways for connections to local, community-based treatment; (ii) under which, in the case of pre-arrest diversion, a law enforcement officer described in clause (i) may decide to— (I) issue a civil citation; or (II) take no action with respect to the offense for which the officer would otherwise have arrested the individual described in clause (i); and (iii) that may authorize a law enforcement officer to refer an individual to substance use disorder treatment providers or mental health treatment providers if the individual appears to have a substance use disorder or mental health disorder and the officer suspects the individual of chronic violations of law but lacks probable cause to arrest the individual (commonly known as a social contact referral ). (2) Sense of congress regarding deflection or diversion programs It is the sense of Congress that a deflection or diversion program funded under this subpart should not exclude individuals who are chronically exposed to the criminal justice system. (3) Reports to attorney general Not later than 2 years after the date on which a State or unit of local government is awarded a covered grant, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the deflection or diversion program carried out by the State or unit of local government, including information relating to— (A) the goals of the deflection or diversion program; (B) any evidence-based interventions carried out under the deflection or diversion program; (C) outcomes of the deflection or diversion program, which shall— (i) be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the deflection or diversion program— (I) the race of the participants; and (II) the gender of the participants; and (ii) include information relating to the rate of reincarceration among participants in the deflection or diversion program, if available; and (D) expenditures under the deflection or diversion program.. (c) Technical assistance grant program (1) Definitions In this subsection— (A) the term deflection or diversion program has the meaning given the term in subsection (h) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 ), as added by subsection (b); and (B) the terms State and unit of local government have the meanings given those terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). (2) Grant authorized The Attorney General shall award a single grant to an entity with significant experience in working with law enforcement agencies, community-based treatment providers, and other community-based human service providers to develop or administer both deflection and diversion programs that use each of the 6 pathways described in subsection (a)(3), to promote and maximize the effectiveness and racial equity of deflection or diversion programs, in order to— (A) help State and units of local government launch and expand deflection or diversion programs; (B) develop best practices for deflection or diversion teams, which shall include— (i) recommendations on community input and engagement in order to implement deflection or diversion programs as rapidly as possible and with regard to the particular needs of a community, including regular community meetings and other mechanisms for engagement with— (I) law enforcement agencies; (II) community-based treatment providers and other community-based human service providers; (III) the recovery community; and (IV) the community at-large; and (ii) the implementation of metrics to measure community satisfaction concerning the meaningful participation and interaction of the community with the deflection or diversion program and program stakeholders; (C) develop and publish a training and technical assistance tool kit for deflection or diversion for public education purposes; (D) disseminate uniform criteria and standards for the delivery of deflection or diversion program services; and (E) develop outcome measures that can be used to continuously inform and improve social, clinical, financial and racial equity outcomes. (3) Term The term of the grant awarded under paragraph (2) shall be 5 years. (4) Authorization of appropriations There are authorized to be appropriated to the Attorney General $30,000,000 for the grant under paragraph (2).
10,800
[ "Judiciary Committee" ]
118hr2248ih
118
hr
2,248
ih
To provide for a limitation on availability of funds for US Department of Agriculture, Agricultural Research Service, Salaries and Expenses for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for US Department of Agriculture, Agricultural Research Service, Salaries and Expenses for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for US Department of Agriculture, Agricultural Research Service, Salaries and Expenses for fiscal year 2024 may not exceed $1,303,266,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for US Department of Agriculture, Agricultural Research Service, Salaries and Expenses for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for US Department of Agriculture, Agricultural Research Service, Salaries and Expenses for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for US Department of Agriculture, Agricultural Research Service, Salaries and Expenses for fiscal year 2024 may not exceed $1,303,266,000.
395
[ "Agriculture Committee" ]
118hr1865ih
118
hr
1,865
ih
To provide for a limitation on availability of funds for Senate, Sergeant at Arms and Doorkeeper Expenses for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Senate, Sergeant at Arms and Doorkeeper Expenses for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Senate, Sergeant at Arms and Doorkeeper Expenses for fiscal year 2024 may not exceed $126,595,000.", "id": "H786F5128754D44D8A6D91F63CD9D2009", "header": "Limitation on availability of funds for Senate, Sergeant at Arms and Doorkeeper Expenses for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Senate, Sergeant at Arms and Doorkeeper Expenses for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Senate, Sergeant at Arms and Doorkeeper Expenses for fiscal year 2024 may not exceed $126,595,000.
325
[ "Committee on House Administration" ]
118hr5026ih
118
hr
5,026
ih
To amend the Internal Revenue Code of 1986 to provide for new markets tax credit investments in the Rural Jobs Zone.
[ { "text": "1. Short title \nThis Act may be cited as the Rural Jobs Act.", "id": "HB0384ED5D34B4A718AAF5EB08739956F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Allocations of new markets tax credit limitation for Rural Jobs Zone \n(a) In general \nSection 45D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Allocations for the Rural Jobs Zone \n(A) In general \nIn addition to any new markets tax credit limitation under paragraph (1), there are the following amounts of new markets tax credit limitation which shall be allocated by the Secretary only to Rural Jobs Zone development entities for making Rural Jobs Zone equity investments: (i) $500,000,000 for 2023. (ii) $500,000,000 for 2024. (B) Rural Jobs Zone development entity \nFor purposes of this paragraph, the term Rural Jobs Zone development entity means any qualified community development entity a significant mission of which is the economic development of, and the creation and retention of jobs in, the Rural Jobs Zone. (C) Rural Jobs Zone equity investment \nFor purposes of this paragraph, the term Rural Jobs Zone equity investment means any equity investment which would be a qualified equity investment if the only low-income community was the Rural Jobs Zone. (D) Rural Jobs Zone \nFor purposes of this paragraph, the term Rural Jobs Zone means the area comprised of low-income communities which are a portion of neither— (i) a city or town that has a population of greater than 50,000 inhabitants, nor (ii) any urbanized area contiguous and adjacent to such a city or town. (E) Minimum investment in persistent poverty counties and high migration rural counties \n(i) In general \nThe Secretary shall prescribe regulations or other guidance pursuant to which not less than 25 percent of the Rural Jobs Zone equity investments made pursuant to allocations made under this paragraph are invested in areas which are persistent poverty counties, high migration rural counties (as defined in subsection (e)(5)(B)), or both. (ii) Persistent poverty counties \nFor purposes of this subparagraph, the term persistent poverty county means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates. (F) Application of carryover \nParagraph (3) shall be applied separately with respect to the amounts specified in subparagraph (A).. (b) Effective date \nThe amendment made by this section shall apply to allocations made after the date of the enactment of this Act.", "id": "HB958C13D4E514D9592CDDAA77DF12BBC", "header": "Allocations of new markets tax credit limitation for Rural Jobs Zone", "nested": [ { "text": "(a) In general \nSection 45D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Allocations for the Rural Jobs Zone \n(A) In general \nIn addition to any new markets tax credit limitation under paragraph (1), there are the following amounts of new markets tax credit limitation which shall be allocated by the Secretary only to Rural Jobs Zone development entities for making Rural Jobs Zone equity investments: (i) $500,000,000 for 2023. (ii) $500,000,000 for 2024. (B) Rural Jobs Zone development entity \nFor purposes of this paragraph, the term Rural Jobs Zone development entity means any qualified community development entity a significant mission of which is the economic development of, and the creation and retention of jobs in, the Rural Jobs Zone. (C) Rural Jobs Zone equity investment \nFor purposes of this paragraph, the term Rural Jobs Zone equity investment means any equity investment which would be a qualified equity investment if the only low-income community was the Rural Jobs Zone. (D) Rural Jobs Zone \nFor purposes of this paragraph, the term Rural Jobs Zone means the area comprised of low-income communities which are a portion of neither— (i) a city or town that has a population of greater than 50,000 inhabitants, nor (ii) any urbanized area contiguous and adjacent to such a city or town. (E) Minimum investment in persistent poverty counties and high migration rural counties \n(i) In general \nThe Secretary shall prescribe regulations or other guidance pursuant to which not less than 25 percent of the Rural Jobs Zone equity investments made pursuant to allocations made under this paragraph are invested in areas which are persistent poverty counties, high migration rural counties (as defined in subsection (e)(5)(B)), or both. (ii) Persistent poverty counties \nFor purposes of this subparagraph, the term persistent poverty county means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates. (F) Application of carryover \nParagraph (3) shall be applied separately with respect to the amounts specified in subparagraph (A)..", "id": "H313FD4A2CBEE403FB05B69D6BCEED43A", "header": "In general", "nested": [], "links": [ { "text": "Section 45D(f)", "legal-doc": "usc", "parsable-cite": "usc/26/45D" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to allocations made after the date of the enactment of this Act.", "id": "H7A1FF1918BBB440C9BDF44B1071D7AC2", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 45D(f)", "legal-doc": "usc", "parsable-cite": "usc/26/45D" } ] } ]
2
1. Short title This Act may be cited as the Rural Jobs Act. 2. Allocations of new markets tax credit limitation for Rural Jobs Zone (a) In general Section 45D(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Allocations for the Rural Jobs Zone (A) In general In addition to any new markets tax credit limitation under paragraph (1), there are the following amounts of new markets tax credit limitation which shall be allocated by the Secretary only to Rural Jobs Zone development entities for making Rural Jobs Zone equity investments: (i) $500,000,000 for 2023. (ii) $500,000,000 for 2024. (B) Rural Jobs Zone development entity For purposes of this paragraph, the term Rural Jobs Zone development entity means any qualified community development entity a significant mission of which is the economic development of, and the creation and retention of jobs in, the Rural Jobs Zone. (C) Rural Jobs Zone equity investment For purposes of this paragraph, the term Rural Jobs Zone equity investment means any equity investment which would be a qualified equity investment if the only low-income community was the Rural Jobs Zone. (D) Rural Jobs Zone For purposes of this paragraph, the term Rural Jobs Zone means the area comprised of low-income communities which are a portion of neither— (i) a city or town that has a population of greater than 50,000 inhabitants, nor (ii) any urbanized area contiguous and adjacent to such a city or town. (E) Minimum investment in persistent poverty counties and high migration rural counties (i) In general The Secretary shall prescribe regulations or other guidance pursuant to which not less than 25 percent of the Rural Jobs Zone equity investments made pursuant to allocations made under this paragraph are invested in areas which are persistent poverty counties, high migration rural counties (as defined in subsection (e)(5)(B)), or both. (ii) Persistent poverty counties For purposes of this subparagraph, the term persistent poverty county means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates. (F) Application of carryover Paragraph (3) shall be applied separately with respect to the amounts specified in subparagraph (A).. (b) Effective date The amendment made by this section shall apply to allocations made after the date of the enactment of this Act.
2,535
[ "Ways and Means Committee" ]
118hr6885ih
118
hr
6,885
ih
To amend title 3, United States Code, to include under the Electoral Count Act of 1887 that the vote of an elector of a State shall not be counted if, with respect to the election for President, the State did not include on the ballot in the State a candidate for President who was nominated by a major political party, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Presidential Ballot Integrity Act.", "id": "H7FEE5CCF22DC4090B0C881E0703F2F17", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Rejection of electoral votes of a State in certain cases \n(a) In general \nSection 15(e)(1)(B) of title 3, United States Code, is amended by inserting if, with respect to the State of the elector in question, a candidate for President who was nominated by a major political party for election to such office did not appear on the ballot of the State or after shall not be counted. (b) Major political party defined \nSection 15 of title 3, United States Code, is amended by adding at the end the following: (f) Major political party defined \nFor purposes of this section, the term major political party has the meaning given the term major party in section 9002 of the Internal Revenue Code of 1986..", "id": "H9EAA6BCB3480407EBC337D65B1AAE3E8", "header": "Rejection of electoral votes of a State in certain cases", "nested": [ { "text": "(a) In general \nSection 15(e)(1)(B) of title 3, United States Code, is amended by inserting if, with respect to the State of the elector in question, a candidate for President who was nominated by a major political party for election to such office did not appear on the ballot of the State or after shall not be counted.", "id": "HD4624B3EE9784289BE10DAEAFFD4BC8C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Major political party defined \nSection 15 of title 3, United States Code, is amended by adding at the end the following: (f) Major political party defined \nFor purposes of this section, the term major political party has the meaning given the term major party in section 9002 of the Internal Revenue Code of 1986..", "id": "HF5C0C12D371B4645BDC3EBE662A7C3BB", "header": "Major political party defined", "nested": [], "links": [ { "text": "section 9002", "legal-doc": "usc", "parsable-cite": "usc/26/9002" } ] } ], "links": [ { "text": "section 9002", "legal-doc": "usc", "parsable-cite": "usc/26/9002" } ] } ]
2
1. Short title This Act may be cited as the Presidential Ballot Integrity Act. 2. Rejection of electoral votes of a State in certain cases (a) In general Section 15(e)(1)(B) of title 3, United States Code, is amended by inserting if, with respect to the State of the elector in question, a candidate for President who was nominated by a major political party for election to such office did not appear on the ballot of the State or after shall not be counted. (b) Major political party defined Section 15 of title 3, United States Code, is amended by adding at the end the following: (f) Major political party defined For purposes of this section, the term major political party has the meaning given the term major party in section 9002 of the Internal Revenue Code of 1986..
781
[ "Committee on House Administration" ]
118hr4524ih
118
hr
4,524
ih
To amend the Indian Law Enforcement Reform Act to provide for advancements in public safety services to Indian communities, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Parity for Tribal Law Enforcement Act.", "id": "HA346D7D6E1664D3998732F13C2C4521E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Tribal law enforcement officers \nThe Indian Law Enforcement Reform Act ( 25 U.S.C. 2801 et seq. ) is amended by inserting after section 4 the following: 4A. Tribal law enforcement officers \n(a) Notwithstanding any other provision of Federal law, law enforcement officers of any Indian Tribe that has contracted or compacted any or all Federal law enforcement functions through the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) shall have the authority to enforce Federal law within the area under the Tribe’s jurisdiction, if— (1) the Tribal officers involved have— (A) completed training that is comparable to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country, as determined by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs or the Deputy Bureau Director’s designee; (B) passed an adjudicated background investigation equivalent to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country; and (C) received a certification from the Office of Justice Services of the Bureau of Indian Affairs, as described in subsection (c); and (2) the Tribe has adopted policies and procedures that meet or exceed those of the Office of Justice Services of the Bureau of Indian Affairs for the same program, service, function, or activity. (b) While acting under the authority granted by the Secretary through an Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) contract or compact, a Tribal law enforcement officer shall be deemed to be a Federal law enforcement officer for the purposes of— (1) sections 111 and 1114 of title 18, United States Code; (2) consideration as an eligible officer under subchapter III of chapter 81 of title 5, United States Code; (3) subchapter III of chapter 83 and subchapter III of chapter 84 of title 5, United States Code; and (4) chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). (c) (1) Not later than 24 months after the date of enactment of this section, the Secretary shall— (A) develop procedures for the credentialing of Tribal officers under this section, independent of section 5, to provide confirmation that Tribal officers meet minimum certification standards and training requirements for Indian country peace officers, as prescribed by the Secretary; and (B) promulgate guidance, in consultation with Indian Tribes, to otherwise implement the provisions of this section. (2) Tribal law enforcement officers who choose to attend a State or other equivalent training program approved by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs, or the Deputy Bureau Director’s designee, rather than attend the Indian Police Academy, shall be required to attend the IPA Bridge Program, or an equivalent program, prior to receiving a certification under this subsection..", "id": "HF5FCE883B24F404EA2D6A53EA8EC3568", "header": "Tribal law enforcement officers", "nested": [], "links": [ { "text": "25 U.S.C. 2801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/2801" }, { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" }, { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" }, { "text": "chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/81" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" } ] }, { "text": "4A. Tribal law enforcement officers \n(a) Notwithstanding any other provision of Federal law, law enforcement officers of any Indian Tribe that has contracted or compacted any or all Federal law enforcement functions through the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) shall have the authority to enforce Federal law within the area under the Tribe’s jurisdiction, if— (1) the Tribal officers involved have— (A) completed training that is comparable to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country, as determined by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs or the Deputy Bureau Director’s designee; (B) passed an adjudicated background investigation equivalent to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country; and (C) received a certification from the Office of Justice Services of the Bureau of Indian Affairs, as described in subsection (c); and (2) the Tribe has adopted policies and procedures that meet or exceed those of the Office of Justice Services of the Bureau of Indian Affairs for the same program, service, function, or activity. (b) While acting under the authority granted by the Secretary through an Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) contract or compact, a Tribal law enforcement officer shall be deemed to be a Federal law enforcement officer for the purposes of— (1) sections 111 and 1114 of title 18, United States Code; (2) consideration as an eligible officer under subchapter III of chapter 81 of title 5, United States Code; (3) subchapter III of chapter 83 and subchapter III of chapter 84 of title 5, United States Code; and (4) chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). (c) (1) Not later than 24 months after the date of enactment of this section, the Secretary shall— (A) develop procedures for the credentialing of Tribal officers under this section, independent of section 5, to provide confirmation that Tribal officers meet minimum certification standards and training requirements for Indian country peace officers, as prescribed by the Secretary; and (B) promulgate guidance, in consultation with Indian Tribes, to otherwise implement the provisions of this section. (2) Tribal law enforcement officers who choose to attend a State or other equivalent training program approved by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs, or the Deputy Bureau Director’s designee, rather than attend the Indian Police Academy, shall be required to attend the IPA Bridge Program, or an equivalent program, prior to receiving a certification under this subsection.", "id": "H0A8F3B4808A2422EA785D9582DA801F2", "header": "Tribal law enforcement officers", "nested": [ { "text": "(a) Notwithstanding any other provision of Federal law, law enforcement officers of any Indian Tribe that has contracted or compacted any or all Federal law enforcement functions through the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) shall have the authority to enforce Federal law within the area under the Tribe’s jurisdiction, if— (1) the Tribal officers involved have— (A) completed training that is comparable to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country, as determined by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs or the Deputy Bureau Director’s designee; (B) passed an adjudicated background investigation equivalent to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country; and (C) received a certification from the Office of Justice Services of the Bureau of Indian Affairs, as described in subsection (c); and (2) the Tribe has adopted policies and procedures that meet or exceed those of the Office of Justice Services of the Bureau of Indian Affairs for the same program, service, function, or activity.", "id": "H401E954E14264E878C0B148AED618CA5", "header": null, "nested": [], "links": [ { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" } ] }, { "text": "(b) While acting under the authority granted by the Secretary through an Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) contract or compact, a Tribal law enforcement officer shall be deemed to be a Federal law enforcement officer for the purposes of— (1) sections 111 and 1114 of title 18, United States Code; (2) consideration as an eligible officer under subchapter III of chapter 81 of title 5, United States Code; (3) subchapter III of chapter 83 and subchapter III of chapter 84 of title 5, United States Code; and (4) chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ).", "id": "H6508F6929FD04170A8F87B140BDFF333", "header": null, "nested": [], "links": [ { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" }, { "text": "chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/81" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" } ] }, { "text": "(c) (1) Not later than 24 months after the date of enactment of this section, the Secretary shall— (A) develop procedures for the credentialing of Tribal officers under this section, independent of section 5, to provide confirmation that Tribal officers meet minimum certification standards and training requirements for Indian country peace officers, as prescribed by the Secretary; and (B) promulgate guidance, in consultation with Indian Tribes, to otherwise implement the provisions of this section. (2) Tribal law enforcement officers who choose to attend a State or other equivalent training program approved by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs, or the Deputy Bureau Director’s designee, rather than attend the Indian Police Academy, shall be required to attend the IPA Bridge Program, or an equivalent program, prior to receiving a certification under this subsection.", "id": "HE28524E35ECE4B0AA3BB8CF1C3E5FDBE", "header": null, "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" }, { "text": "25 U.S.C. 5301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/5301" }, { "text": "chapter 81", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/81" }, { "text": "chapter 84", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/84" }, { "text": "chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" } ] }, { "text": "3. Oversight, coordination, and accountability \nThe Attorney General, acting through the Deputy Attorney General, shall coordinate and provide oversight for all Department of Justice activities, responsibilities, functions, and programs to ensure a coordinated approach for public safety in Indian communities, accountability, and compliance with Federal law, including— (1) the timely submission of reports to Congress; (2) robust training, as required under Federal law and as needed or requested by Indian Tribes or Federal and State officials relating to— (A) public safety in Indian communities; and (B) training outcomes demonstrating a better understanding of public safety approaches in Indian communities; (3) the updating and improvements to United States attorney operational plans; (4) comprehensive evaluation and analysis of data, including approaches to collecting better data, relating to public safety in Indian communities; and (5) other duties or responsibilities as needed to improve public safety in Indian communities.", "id": "H8B44AFEB3AFB429A92B3348508FBB9C4", "header": "Oversight, coordination, and accountability", "nested": [], "links": [] } ]
4
1. Short title This Act may be cited as the Parity for Tribal Law Enforcement Act. 2. Tribal law enforcement officers The Indian Law Enforcement Reform Act ( 25 U.S.C. 2801 et seq. ) is amended by inserting after section 4 the following: 4A. Tribal law enforcement officers (a) Notwithstanding any other provision of Federal law, law enforcement officers of any Indian Tribe that has contracted or compacted any or all Federal law enforcement functions through the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) shall have the authority to enforce Federal law within the area under the Tribe’s jurisdiction, if— (1) the Tribal officers involved have— (A) completed training that is comparable to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country, as determined by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs or the Deputy Bureau Director’s designee; (B) passed an adjudicated background investigation equivalent to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country; and (C) received a certification from the Office of Justice Services of the Bureau of Indian Affairs, as described in subsection (c); and (2) the Tribe has adopted policies and procedures that meet or exceed those of the Office of Justice Services of the Bureau of Indian Affairs for the same program, service, function, or activity. (b) While acting under the authority granted by the Secretary through an Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) contract or compact, a Tribal law enforcement officer shall be deemed to be a Federal law enforcement officer for the purposes of— (1) sections 111 and 1114 of title 18, United States Code; (2) consideration as an eligible officer under subchapter III of chapter 81 of title 5, United States Code; (3) subchapter III of chapter 83 and subchapter III of chapter 84 of title 5, United States Code; and (4) chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). (c) (1) Not later than 24 months after the date of enactment of this section, the Secretary shall— (A) develop procedures for the credentialing of Tribal officers under this section, independent of section 5, to provide confirmation that Tribal officers meet minimum certification standards and training requirements for Indian country peace officers, as prescribed by the Secretary; and (B) promulgate guidance, in consultation with Indian Tribes, to otherwise implement the provisions of this section. (2) Tribal law enforcement officers who choose to attend a State or other equivalent training program approved by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs, or the Deputy Bureau Director’s designee, rather than attend the Indian Police Academy, shall be required to attend the IPA Bridge Program, or an equivalent program, prior to receiving a certification under this subsection.. 4A. Tribal law enforcement officers (a) Notwithstanding any other provision of Federal law, law enforcement officers of any Indian Tribe that has contracted or compacted any or all Federal law enforcement functions through the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) shall have the authority to enforce Federal law within the area under the Tribe’s jurisdiction, if— (1) the Tribal officers involved have— (A) completed training that is comparable to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country, as determined by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs or the Deputy Bureau Director’s designee; (B) passed an adjudicated background investigation equivalent to that of an employee of the Office of Justice Services of the Bureau of Indian Affairs who is providing the same services in Indian country; and (C) received a certification from the Office of Justice Services of the Bureau of Indian Affairs, as described in subsection (c); and (2) the Tribe has adopted policies and procedures that meet or exceed those of the Office of Justice Services of the Bureau of Indian Affairs for the same program, service, function, or activity. (b) While acting under the authority granted by the Secretary through an Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) contract or compact, a Tribal law enforcement officer shall be deemed to be a Federal law enforcement officer for the purposes of— (1) sections 111 and 1114 of title 18, United States Code; (2) consideration as an eligible officer under subchapter III of chapter 81 of title 5, United States Code; (3) subchapter III of chapter 83 and subchapter III of chapter 84 of title 5, United States Code; and (4) chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). (c) (1) Not later than 24 months after the date of enactment of this section, the Secretary shall— (A) develop procedures for the credentialing of Tribal officers under this section, independent of section 5, to provide confirmation that Tribal officers meet minimum certification standards and training requirements for Indian country peace officers, as prescribed by the Secretary; and (B) promulgate guidance, in consultation with Indian Tribes, to otherwise implement the provisions of this section. (2) Tribal law enforcement officers who choose to attend a State or other equivalent training program approved by the Deputy Bureau Director of the Office of Justice Services of the Bureau of Indian Affairs, or the Deputy Bureau Director’s designee, rather than attend the Indian Police Academy, shall be required to attend the IPA Bridge Program, or an equivalent program, prior to receiving a certification under this subsection. 3. Oversight, coordination, and accountability The Attorney General, acting through the Deputy Attorney General, shall coordinate and provide oversight for all Department of Justice activities, responsibilities, functions, and programs to ensure a coordinated approach for public safety in Indian communities, accountability, and compliance with Federal law, including— (1) the timely submission of reports to Congress; (2) robust training, as required under Federal law and as needed or requested by Indian Tribes or Federal and State officials relating to— (A) public safety in Indian communities; and (B) training outcomes demonstrating a better understanding of public safety approaches in Indian communities; (3) the updating and improvements to United States attorney operational plans; (4) comprehensive evaluation and analysis of data, including approaches to collecting better data, relating to public safety in Indian communities; and (5) other duties or responsibilities as needed to improve public safety in Indian communities.
7,109
[ "Natural Resources Committee", "Judiciary Committee" ]
118hr2739ih
118
hr
2,739
ih
To amend the National Quantum Initiative Act to establish a public-private partnership for near-term quantum application development and acceleration, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Quantum Sandbox for Near-Term Applications Act of 2023.", "id": "HD7CAAC1BBC5B4A8E8A249A24E66D7DAB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds as follows: (1) The National Quantum Initiative and its ongoing activities explore and promote Quantum Information Science. (2) Continual innovation by the quantum industry of the United States is critically important. (3) Quantum and quantum-hybrid applications have the ability to provide innovative solutions for near-term use cases across a variety of public and private sector challenges. (4) Many quantum computers are available via the cloud and through a dedicated near-term quantum application acceleration program that is inclusive of the wide variety of quantum computing technologies will break down barriers to access quantum computing hardware systems. (5) Business and consumers of the United States will be able to see benefits of the innovation through a program focusing on near-term use of the technology. (6) Quantum information science is a foundational technology that is transforming the economy of the 21st century. (7) Robust leadership in quantum research and near-term development will have a great impact on the economic security of the United States. (8) Unrivaled excellence in workforce development is key in developing next generation leaders in quantum applications.", "id": "HA43E15F4E7C04099A8E0730A1074F51F", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Public-private partnership for quantum application development acceleration \n(a) In general \nTitle IV of the National Quantum Initiative Act ( 15 U.S.C. 8851 et seq. ) is amended by adding at the end the following: 405. Public-private partnership for quantum application development acceleration \n(a) Definitions \nIn this section: (1) Quantum applications \nThe term quantum applications means algorithms and applications which use quantum mechanics through quantum processing units. These applications include quantum computing, quantum communication, quantum sensing, and quantum-hybrid applications which are applications that use both quantum computing and classical computing hardware systems. (2) Quantum sandbox \nThe term quantum sandbox means a program— (A) for innovation and development of applications using quantum information sciences with a focus on near-term use cases; and (B) that can be used to develop and test demonstrations, proofs of concepts, and pilot applications. (3) Near-term use case \nThe term near-term use case means an application that can be developed and deployed in less than 24 months. (b) Establishment of quantum sandbox required \nThe Secretary of Commerce, in coordination with the Director of the National Institute of Standards and Technology, shall establish a quantum sandbox through the establishment of a public-private partnership focused on quantum computing application development acceleration for quantum, quantum communication, quantum sensing, and quantum-hybrid computing near-term use cases. (c) Engagement \nAs part of the Program and in carrying out subsection (b), the Secretary shall, acting through the Director of the National Institute of Standards and Technology, engage with the Quantum Economic Development Consortium, the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), federally funded research and development centers, and other members of the United States quantum computing and quantum information ecosystem.. (b) Clerical amendment \nThe table of contents of the National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ) is amended by adding after the item relating to section 404 the following new item: Sec. 405. Public-private partnership for quantum application development acceleration..", "id": "HC58FC36AA3574E0088ACFB6C6D16A848", "header": "Public-private partnership for quantum application development acceleration", "nested": [ { "text": "(a) In general \nTitle IV of the National Quantum Initiative Act ( 15 U.S.C. 8851 et seq. ) is amended by adding at the end the following: 405. Public-private partnership for quantum application development acceleration \n(a) Definitions \nIn this section: (1) Quantum applications \nThe term quantum applications means algorithms and applications which use quantum mechanics through quantum processing units. These applications include quantum computing, quantum communication, quantum sensing, and quantum-hybrid applications which are applications that use both quantum computing and classical computing hardware systems. (2) Quantum sandbox \nThe term quantum sandbox means a program— (A) for innovation and development of applications using quantum information sciences with a focus on near-term use cases; and (B) that can be used to develop and test demonstrations, proofs of concepts, and pilot applications. (3) Near-term use case \nThe term near-term use case means an application that can be developed and deployed in less than 24 months. (b) Establishment of quantum sandbox required \nThe Secretary of Commerce, in coordination with the Director of the National Institute of Standards and Technology, shall establish a quantum sandbox through the establishment of a public-private partnership focused on quantum computing application development acceleration for quantum, quantum communication, quantum sensing, and quantum-hybrid computing near-term use cases. (c) Engagement \nAs part of the Program and in carrying out subsection (b), the Secretary shall, acting through the Director of the National Institute of Standards and Technology, engage with the Quantum Economic Development Consortium, the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), federally funded research and development centers, and other members of the United States quantum computing and quantum information ecosystem..", "id": "H9003C27FAC19476A995A898EDA51CB51", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 8851 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/8851" }, { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" } ] }, { "text": "(b) Clerical amendment \nThe table of contents of the National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ) is amended by adding after the item relating to section 404 the following new item: Sec. 405. Public-private partnership for quantum application development acceleration..", "id": "HDBDC8FDBB84D48F88F20023F0EE8716A", "header": "Clerical amendment", "nested": [], "links": [ { "text": "15 U.S.C. 8801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/8801" } ] } ], "links": [ { "text": "15 U.S.C. 8851 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/8851" }, { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" }, { "text": "15 U.S.C. 8801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/8801" } ] }, { "text": "405. Public-private partnership for quantum application development acceleration \n(a) Definitions \nIn this section: (1) Quantum applications \nThe term quantum applications means algorithms and applications which use quantum mechanics through quantum processing units. These applications include quantum computing, quantum communication, quantum sensing, and quantum-hybrid applications which are applications that use both quantum computing and classical computing hardware systems. (2) Quantum sandbox \nThe term quantum sandbox means a program— (A) for innovation and development of applications using quantum information sciences with a focus on near-term use cases; and (B) that can be used to develop and test demonstrations, proofs of concepts, and pilot applications. (3) Near-term use case \nThe term near-term use case means an application that can be developed and deployed in less than 24 months. (b) Establishment of quantum sandbox required \nThe Secretary of Commerce, in coordination with the Director of the National Institute of Standards and Technology, shall establish a quantum sandbox through the establishment of a public-private partnership focused on quantum computing application development acceleration for quantum, quantum communication, quantum sensing, and quantum-hybrid computing near-term use cases. (c) Engagement \nAs part of the Program and in carrying out subsection (b), the Secretary shall, acting through the Director of the National Institute of Standards and Technology, engage with the Quantum Economic Development Consortium, the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), federally funded research and development centers, and other members of the United States quantum computing and quantum information ecosystem.", "id": "HD8D2E4E5F4614AE4B325F82B4599485E", "header": "Public-private partnership for quantum application development acceleration", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Quantum applications \nThe term quantum applications means algorithms and applications which use quantum mechanics through quantum processing units. These applications include quantum computing, quantum communication, quantum sensing, and quantum-hybrid applications which are applications that use both quantum computing and classical computing hardware systems. (2) Quantum sandbox \nThe term quantum sandbox means a program— (A) for innovation and development of applications using quantum information sciences with a focus on near-term use cases; and (B) that can be used to develop and test demonstrations, proofs of concepts, and pilot applications. (3) Near-term use case \nThe term near-term use case means an application that can be developed and deployed in less than 24 months.", "id": "HE65DD17592A34AA6A33E9249FF7BBF10", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Establishment of quantum sandbox required \nThe Secretary of Commerce, in coordination with the Director of the National Institute of Standards and Technology, shall establish a quantum sandbox through the establishment of a public-private partnership focused on quantum computing application development acceleration for quantum, quantum communication, quantum sensing, and quantum-hybrid computing near-term use cases.", "id": "H0DC79B37BD914C7D8B04BB439D4D95EE", "header": "Establishment of quantum sandbox required", "nested": [], "links": [] }, { "text": "(c) Engagement \nAs part of the Program and in carrying out subsection (b), the Secretary shall, acting through the Director of the National Institute of Standards and Technology, engage with the Quantum Economic Development Consortium, the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), federally funded research and development centers, and other members of the United States quantum computing and quantum information ecosystem.", "id": "H5D22A6199EEA441B8076D75C8B87C2CF", "header": "Engagement", "nested": [], "links": [ { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" } ] } ], "links": [ { "text": "42 U.S.C. 15801", "legal-doc": "usc", "parsable-cite": "usc/42/15801" } ] } ]
4
1. Short title This Act may be cited as the Quantum Sandbox for Near-Term Applications Act of 2023. 2. Findings Congress finds as follows: (1) The National Quantum Initiative and its ongoing activities explore and promote Quantum Information Science. (2) Continual innovation by the quantum industry of the United States is critically important. (3) Quantum and quantum-hybrid applications have the ability to provide innovative solutions for near-term use cases across a variety of public and private sector challenges. (4) Many quantum computers are available via the cloud and through a dedicated near-term quantum application acceleration program that is inclusive of the wide variety of quantum computing technologies will break down barriers to access quantum computing hardware systems. (5) Business and consumers of the United States will be able to see benefits of the innovation through a program focusing on near-term use of the technology. (6) Quantum information science is a foundational technology that is transforming the economy of the 21st century. (7) Robust leadership in quantum research and near-term development will have a great impact on the economic security of the United States. (8) Unrivaled excellence in workforce development is key in developing next generation leaders in quantum applications. 3. Public-private partnership for quantum application development acceleration (a) In general Title IV of the National Quantum Initiative Act ( 15 U.S.C. 8851 et seq. ) is amended by adding at the end the following: 405. Public-private partnership for quantum application development acceleration (a) Definitions In this section: (1) Quantum applications The term quantum applications means algorithms and applications which use quantum mechanics through quantum processing units. These applications include quantum computing, quantum communication, quantum sensing, and quantum-hybrid applications which are applications that use both quantum computing and classical computing hardware systems. (2) Quantum sandbox The term quantum sandbox means a program— (A) for innovation and development of applications using quantum information sciences with a focus on near-term use cases; and (B) that can be used to develop and test demonstrations, proofs of concepts, and pilot applications. (3) Near-term use case The term near-term use case means an application that can be developed and deployed in less than 24 months. (b) Establishment of quantum sandbox required The Secretary of Commerce, in coordination with the Director of the National Institute of Standards and Technology, shall establish a quantum sandbox through the establishment of a public-private partnership focused on quantum computing application development acceleration for quantum, quantum communication, quantum sensing, and quantum-hybrid computing near-term use cases. (c) Engagement As part of the Program and in carrying out subsection (b), the Secretary shall, acting through the Director of the National Institute of Standards and Technology, engage with the Quantum Economic Development Consortium, the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), federally funded research and development centers, and other members of the United States quantum computing and quantum information ecosystem.. (b) Clerical amendment The table of contents of the National Quantum Initiative Act ( 15 U.S.C. 8801 et seq. ) is amended by adding after the item relating to section 404 the following new item: Sec. 405. Public-private partnership for quantum application development acceleration.. 405. Public-private partnership for quantum application development acceleration (a) Definitions In this section: (1) Quantum applications The term quantum applications means algorithms and applications which use quantum mechanics through quantum processing units. These applications include quantum computing, quantum communication, quantum sensing, and quantum-hybrid applications which are applications that use both quantum computing and classical computing hardware systems. (2) Quantum sandbox The term quantum sandbox means a program— (A) for innovation and development of applications using quantum information sciences with a focus on near-term use cases; and (B) that can be used to develop and test demonstrations, proofs of concepts, and pilot applications. (3) Near-term use case The term near-term use case means an application that can be developed and deployed in less than 24 months. (b) Establishment of quantum sandbox required The Secretary of Commerce, in coordination with the Director of the National Institute of Standards and Technology, shall establish a quantum sandbox through the establishment of a public-private partnership focused on quantum computing application development acceleration for quantum, quantum communication, quantum sensing, and quantum-hybrid computing near-term use cases. (c) Engagement As part of the Program and in carrying out subsection (b), the Secretary shall, acting through the Director of the National Institute of Standards and Technology, engage with the Quantum Economic Development Consortium, the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), federally funded research and development centers, and other members of the United States quantum computing and quantum information ecosystem.
5,461
[ "Science, Space, and Technology Committee" ]
118hr4129ih
118
hr
4,129
ih
To amend title 49, United States Code, to prohibit the Secretary of Transportation from making certain grants to zero-emission or electric ferries, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the No Electric Ferries Act.", "id": "HB25A3348944C417BA27F5C368D3B741E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Passenger ferry grants \nSection 5307(h) of title 49, United States Code, is amended by adding at the end the following: (4) Prohibition \nThe Secretary may not make a grant under this section to a recipient for a zero-emission or electric ferry..", "id": "H1DC9071E35D44423833BE329F3715F4E", "header": "Passenger ferry grants", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the No Electric Ferries Act. 2. Passenger ferry grants Section 5307(h) of title 49, United States Code, is amended by adding at the end the following: (4) Prohibition The Secretary may not make a grant under this section to a recipient for a zero-emission or electric ferry..
318
[ "Transportation and Infrastructure Committee" ]
118hr7797ih
118
hr
7,797
ih
To direct the Secretary of Energy to establish a pilot program on ocean fertilization and restoration research and development, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Ocean Restoration Research and Development Act.", "id": "H76CD80E9836B4057B47D465153725A25", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings; sense of Congress \n(a) Findings \nThe Congress finds the following: (1) Rising greenhouse gas concentrations has been linked to a number of adverse environmental conditions and threatens the health of the global environment. (2) Emissions reductions and natural carbon sequestration methods to stabilize and decrease global greenhouse gas concentrations should be pursued. (3) The oceans have the capacity to hold 50 times more carbon than the terrestrial systems and atmosphere. (4) The National Academies has recognized the potential benefits of methodologies that enhance ocean-based carbon dioxide removal (marine CDR) and called for more research to assess their potential to mitigate the impacts of climate change. (5) Ocean iron fertilization and other marine CDR techniques hold great potential to efficiently accelerate carbon dioxide removal from the atmosphere. (6) Ocean iron fertilization and replenishment mimics natural processes such as the influx of aeolian dust and volcanic ash that provide iron supplements to iron-limited open oceans. (7) Ocean iron fertilization also stimulates ocean productivity, phytoplankton growth, and fish populations. (8) Several national and international climate strategies include specifications that methods to restore or enhance ocean photosynthesis are accepted as valid and will produce measurable and significant carbon capture and sequestration or storage referred to as a form of blue carbon. (b) Sense of Congress \nIt is the sense of the Congress that conducting pilot projects for research and development of ocean iron fertilization and other marine CDR techniques is urgent and in the Nation’s vital interest to better understand and advance climate restoration and should be a priority for the Secretary.", "id": "HE462ABDDFD184AD89E61954D75EDAD2F", "header": "Findings; sense of Congress", "nested": [ { "text": "(a) Findings \nThe Congress finds the following: (1) Rising greenhouse gas concentrations has been linked to a number of adverse environmental conditions and threatens the health of the global environment. (2) Emissions reductions and natural carbon sequestration methods to stabilize and decrease global greenhouse gas concentrations should be pursued. (3) The oceans have the capacity to hold 50 times more carbon than the terrestrial systems and atmosphere. (4) The National Academies has recognized the potential benefits of methodologies that enhance ocean-based carbon dioxide removal (marine CDR) and called for more research to assess their potential to mitigate the impacts of climate change. (5) Ocean iron fertilization and other marine CDR techniques hold great potential to efficiently accelerate carbon dioxide removal from the atmosphere. (6) Ocean iron fertilization and replenishment mimics natural processes such as the influx of aeolian dust and volcanic ash that provide iron supplements to iron-limited open oceans. (7) Ocean iron fertilization also stimulates ocean productivity, phytoplankton growth, and fish populations. (8) Several national and international climate strategies include specifications that methods to restore or enhance ocean photosynthesis are accepted as valid and will produce measurable and significant carbon capture and sequestration or storage referred to as a form of blue carbon.", "id": "HE1F38A7F293C46E3B2784D1968D0B3CF", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of the Congress that conducting pilot projects for research and development of ocean iron fertilization and other marine CDR techniques is urgent and in the Nation’s vital interest to better understand and advance climate restoration and should be a priority for the Secretary.", "id": "H3A924527FA8E4DA1AAC2CD0A4CF25377", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Ocean fertilization research and development pilot program \n(a) Establishment \nThe Secretary of Energy shall establish a pilot program for the research and development of ocean iron fertilization and other marine CDR techniques that have the potential to achieve regional-to-global scale carbon dioxide removal, ocean restoration, enhancement of fisheries, or conservation of marine mammals. (b) Requirements \nThe pilot program established under subsection (a) shall include— (1) an applied research and development incentive program, including monitoring of effects on ecosystems; (2) demonstration projects, including commercial scale by private industry; (3) engineering, design, environmental and economic analysis; (4) an assessment of the efficacy of ocean iron fertilization and other marine CDR replenishment techniques to— (A) absorb and sequester greenhouse gasses and restore marine ecosystems; (B) replicate those practices under varying conditions; and (C) assess secondary environmental impacts and associated verification methodologies; and (5) a data management plan to include access and archive functions to allow for interagency scientific discovery. (c) Consultation \nIn carrying out the pilot program established under subsection (a), the Secretary shall consult and collaborate with— (1) the heads of other relevant Federal departments and agencies, including— (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Secretary of the Treasury; (C) the Administrator of the Environmental Protection Agency; (D) the Director of the Bureau of Ocean Energy Management; and (E) the Director of the National Science Foundation; (2) institutions of higher education; (3) the National Oceanographic Partnership Program; and (4) representatives from other relevant private and public sector organizations. (d) Program goals and objectives \nIn consultation with the entities described in subsection (c), the Secretary shall within 1 year of enactment of this Act develop goals and objectives for the pilot program established under subsection (a), taking into consideration— (1) the acceleration of the development of ocean iron fertilization technologies and other marine CDR practices that have transformational ocean restoration, carbon removal, and carbon storage characteristics; (2) the utilization of, to the maximum extent practicable, environmental data collected by— (A) the entities described in subsection (c); (B) the Defense Advanced Research Projects Agency through the Ocean of Things program; (C) the National Aeronautics and Space Administration through the Plankton, Aerosol, Cloud, ocean Ecosystem mission; (D) NOAA’s Joint Polar Satellite System and Geostationary Operational Environmental Satellites, and data available from the National Centers for Environmental Information; (E) the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration; and (F) the United States Navy, through the Marine Mammal Program; (3) support for sites for safe testing and demonstration; (4) the need to enter into cooperative agreements to carry out and expedite meso-scale demonstration projects; (5) compliance with relevant international laws and treaties, if applicable; (6) any benefits or barriers to the commercial deployment of any such technologies and practices; and (7) the need for adequate data sharing and management protocols among all participants to ensure that the data and information collected from the pilot project is available to the science community and the public. (e) Eligible entities \nIn carrying out the pilot program established under subsection (a), the Secretary shall have the authority to contract with private or public entities provided that— (1) the entity has demonstrated experience with ocean iron fertilization, other marine CDR techniques, or expertise in oceanography; (2) at least 51 percent of project costs are to be provided by sources of funding other than Federal funds; and (3) certain data collected from such projects is made available to the Secretary to demonstrate efficacy of ocean iron fertilization or other marine CDR techniques, subject to the protection of all proprietary data. (f) State and tribal involvement \nIn consultation with the Secretary, States and Tribes may enter into contracts with private and public entities to advance ocean iron fertilization for carbon sequestration or fisheries restoration. (g) Priorities \nIn carrying out the pilot program established under subsection (a), the Secretary shall, to the maximum extent practicable, prioritize activities that— (1) take place in pelagic waters; (2) will not cause or accelerate harmful algal blooms in coastal waters; and (3) restores ocean primary productivity. (h) Report to Congress \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing— (1) the program goals and objectives adopted under subsection (d); (2) improving and enhancing techniques for ocean iron fertilization and other marine CDR techniques; (3) any results, successes, and related co-benefits to marine mammals and fisheries, and any direct, indirect, and cumulative impacts to the environment carrying out the pilot program established under subsection (a); (4) the potential to undertake large-scale projects and utilize international waters for demonstration projects; (5) applicability of Research and Development tax credits and other means to incentivize private investment; (6) any policies or permitting recommendations for work conducted in United States and international waters; and (7) any other information the Secretary considers relevant. (i) Symposium \nNot later than 2 years after the date of enactment of this Act, the Secretary shall convene a symposium, bringing together experts from academia, industry and government to assess the status of deployment, best practices, innovation and technologies, and ongoing research and development related to iron fertilization and other marine CDR techniques for ocean restoration. (j) Waiver \nNotwithstanding any other provision of law, the Secretary shall have the authority to waive any other legal requirements the Secretary, in the Secretary's sole discretion, determines necessary to ensure expeditious development and implementation of the pilot projects under this section. Any such decision by the Secretary shall be effective upon being published in the Federal Register. (k) Federal court review \nThe district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary pursuant to subsection (j). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subsection. (l) Authorization of Appropriations \nThere are authorized to be appropriated to carry out this section $33,000,000 for each of fiscal years 2025 through 2030. (m) Definitions \nIn this section: (1) Coastal waters \nThe term coastal waters means the land and sea areas bordering the shoreline where hypoxic conditions exist or are likely to occur due to excess nutrients. (2) Ocean restoration \nThe term ocean restoration includes the research and development of technologies and techniques that support the addition of trace elements or nutrients to the upper layers of the ocean for the purpose of stimulating phytoplankton activity. (3) Pelagic waters \nThe term pelagic waters means the part of the open sea or ocean other than coastal waters. (4) Ocean iron fertilization \nThe term ocean iron fertilization means introduction of low concentrations of iron to high nutrient, low chlorophyll regions of the ocean surface to stimulate phytoplankton production. (5) Marine cdr techniques \nIn addition to ocean iron fertilization, other marine CDR techniques include, but are not limited to, ocean alkalinity enhancement, electrochemical approaches, and kelp and seaweed cultivation.", "id": "HCBA2DD151EC646F587CD2AA5773C0652", "header": "Ocean fertilization research and development pilot program", "nested": [ { "text": "(a) Establishment \nThe Secretary of Energy shall establish a pilot program for the research and development of ocean iron fertilization and other marine CDR techniques that have the potential to achieve regional-to-global scale carbon dioxide removal, ocean restoration, enhancement of fisheries, or conservation of marine mammals.", "id": "HF3D4DC953E104C08AA84A6CBFD1B5539", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe pilot program established under subsection (a) shall include— (1) an applied research and development incentive program, including monitoring of effects on ecosystems; (2) demonstration projects, including commercial scale by private industry; (3) engineering, design, environmental and economic analysis; (4) an assessment of the efficacy of ocean iron fertilization and other marine CDR replenishment techniques to— (A) absorb and sequester greenhouse gasses and restore marine ecosystems; (B) replicate those practices under varying conditions; and (C) assess secondary environmental impacts and associated verification methodologies; and (5) a data management plan to include access and archive functions to allow for interagency scientific discovery.", "id": "HE73EF3CCBAA84D7A85887644B8D42CEF", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Consultation \nIn carrying out the pilot program established under subsection (a), the Secretary shall consult and collaborate with— (1) the heads of other relevant Federal departments and agencies, including— (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Secretary of the Treasury; (C) the Administrator of the Environmental Protection Agency; (D) the Director of the Bureau of Ocean Energy Management; and (E) the Director of the National Science Foundation; (2) institutions of higher education; (3) the National Oceanographic Partnership Program; and (4) representatives from other relevant private and public sector organizations.", "id": "H8BCD0B53F45D4250A4A6FCB0B2ECED1C", "header": "Consultation", "nested": [], "links": [] }, { "text": "(d) Program goals and objectives \nIn consultation with the entities described in subsection (c), the Secretary shall within 1 year of enactment of this Act develop goals and objectives for the pilot program established under subsection (a), taking into consideration— (1) the acceleration of the development of ocean iron fertilization technologies and other marine CDR practices that have transformational ocean restoration, carbon removal, and carbon storage characteristics; (2) the utilization of, to the maximum extent practicable, environmental data collected by— (A) the entities described in subsection (c); (B) the Defense Advanced Research Projects Agency through the Ocean of Things program; (C) the National Aeronautics and Space Administration through the Plankton, Aerosol, Cloud, ocean Ecosystem mission; (D) NOAA’s Joint Polar Satellite System and Geostationary Operational Environmental Satellites, and data available from the National Centers for Environmental Information; (E) the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration; and (F) the United States Navy, through the Marine Mammal Program; (3) support for sites for safe testing and demonstration; (4) the need to enter into cooperative agreements to carry out and expedite meso-scale demonstration projects; (5) compliance with relevant international laws and treaties, if applicable; (6) any benefits or barriers to the commercial deployment of any such technologies and practices; and (7) the need for adequate data sharing and management protocols among all participants to ensure that the data and information collected from the pilot project is available to the science community and the public.", "id": "H2B2EF22300864EDB913781AAA0BE0087", "header": "Program goals and objectives", "nested": [], "links": [] }, { "text": "(e) Eligible entities \nIn carrying out the pilot program established under subsection (a), the Secretary shall have the authority to contract with private or public entities provided that— (1) the entity has demonstrated experience with ocean iron fertilization, other marine CDR techniques, or expertise in oceanography; (2) at least 51 percent of project costs are to be provided by sources of funding other than Federal funds; and (3) certain data collected from such projects is made available to the Secretary to demonstrate efficacy of ocean iron fertilization or other marine CDR techniques, subject to the protection of all proprietary data.", "id": "H16EE182D6A5D445CB7EA2D393FF7258F", "header": "Eligible entities", "nested": [], "links": [] }, { "text": "(f) State and tribal involvement \nIn consultation with the Secretary, States and Tribes may enter into contracts with private and public entities to advance ocean iron fertilization for carbon sequestration or fisheries restoration.", "id": "H7B5B5982CA624816ABD1AD7BAE3F6EA7", "header": "State and tribal involvement", "nested": [], "links": [] }, { "text": "(g) Priorities \nIn carrying out the pilot program established under subsection (a), the Secretary shall, to the maximum extent practicable, prioritize activities that— (1) take place in pelagic waters; (2) will not cause or accelerate harmful algal blooms in coastal waters; and (3) restores ocean primary productivity.", "id": "H6E2C0C3569CD47AFB56116E4D83671BF", "header": "Priorities", "nested": [], "links": [] }, { "text": "(h) Report to Congress \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing— (1) the program goals and objectives adopted under subsection (d); (2) improving and enhancing techniques for ocean iron fertilization and other marine CDR techniques; (3) any results, successes, and related co-benefits to marine mammals and fisheries, and any direct, indirect, and cumulative impacts to the environment carrying out the pilot program established under subsection (a); (4) the potential to undertake large-scale projects and utilize international waters for demonstration projects; (5) applicability of Research and Development tax credits and other means to incentivize private investment; (6) any policies or permitting recommendations for work conducted in United States and international waters; and (7) any other information the Secretary considers relevant.", "id": "H25D43231D93B4CF9842CDF14679772E7", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(i) Symposium \nNot later than 2 years after the date of enactment of this Act, the Secretary shall convene a symposium, bringing together experts from academia, industry and government to assess the status of deployment, best practices, innovation and technologies, and ongoing research and development related to iron fertilization and other marine CDR techniques for ocean restoration.", "id": "H6303AA6DEC5E47DD975DC57FC5AE920A", "header": "Symposium", "nested": [], "links": [] }, { "text": "(j) Waiver \nNotwithstanding any other provision of law, the Secretary shall have the authority to waive any other legal requirements the Secretary, in the Secretary's sole discretion, determines necessary to ensure expeditious development and implementation of the pilot projects under this section. Any such decision by the Secretary shall be effective upon being published in the Federal Register.", "id": "H2B2243F0BB554F0BAB325AF5EE295BCB", "header": "Waiver", "nested": [], "links": [] }, { "text": "(k) Federal court review \nThe district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary pursuant to subsection (j). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subsection.", "id": "H318830A394BE491AA3D36FBA64E5B0C5", "header": "Federal court review", "nested": [], "links": [] }, { "text": "(l) Authorization of Appropriations \nThere are authorized to be appropriated to carry out this section $33,000,000 for each of fiscal years 2025 through 2030.", "id": "H0D7BEBDC424841E583A53C201C227464", "header": "Authorization of Appropriations", "nested": [], "links": [] }, { "text": "(m) Definitions \nIn this section: (1) Coastal waters \nThe term coastal waters means the land and sea areas bordering the shoreline where hypoxic conditions exist or are likely to occur due to excess nutrients. (2) Ocean restoration \nThe term ocean restoration includes the research and development of technologies and techniques that support the addition of trace elements or nutrients to the upper layers of the ocean for the purpose of stimulating phytoplankton activity. (3) Pelagic waters \nThe term pelagic waters means the part of the open sea or ocean other than coastal waters. (4) Ocean iron fertilization \nThe term ocean iron fertilization means introduction of low concentrations of iron to high nutrient, low chlorophyll regions of the ocean surface to stimulate phytoplankton production. (5) Marine cdr techniques \nIn addition to ocean iron fertilization, other marine CDR techniques include, but are not limited to, ocean alkalinity enhancement, electrochemical approaches, and kelp and seaweed cultivation.", "id": "H41751AEBEF8C42AA875F5F52C769E31B", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Ocean Restoration Research and Development Act. 2. Findings; sense of Congress (a) Findings The Congress finds the following: (1) Rising greenhouse gas concentrations has been linked to a number of adverse environmental conditions and threatens the health of the global environment. (2) Emissions reductions and natural carbon sequestration methods to stabilize and decrease global greenhouse gas concentrations should be pursued. (3) The oceans have the capacity to hold 50 times more carbon than the terrestrial systems and atmosphere. (4) The National Academies has recognized the potential benefits of methodologies that enhance ocean-based carbon dioxide removal (marine CDR) and called for more research to assess their potential to mitigate the impacts of climate change. (5) Ocean iron fertilization and other marine CDR techniques hold great potential to efficiently accelerate carbon dioxide removal from the atmosphere. (6) Ocean iron fertilization and replenishment mimics natural processes such as the influx of aeolian dust and volcanic ash that provide iron supplements to iron-limited open oceans. (7) Ocean iron fertilization also stimulates ocean productivity, phytoplankton growth, and fish populations. (8) Several national and international climate strategies include specifications that methods to restore or enhance ocean photosynthesis are accepted as valid and will produce measurable and significant carbon capture and sequestration or storage referred to as a form of blue carbon. (b) Sense of Congress It is the sense of the Congress that conducting pilot projects for research and development of ocean iron fertilization and other marine CDR techniques is urgent and in the Nation’s vital interest to better understand and advance climate restoration and should be a priority for the Secretary. 3. Ocean fertilization research and development pilot program (a) Establishment The Secretary of Energy shall establish a pilot program for the research and development of ocean iron fertilization and other marine CDR techniques that have the potential to achieve regional-to-global scale carbon dioxide removal, ocean restoration, enhancement of fisheries, or conservation of marine mammals. (b) Requirements The pilot program established under subsection (a) shall include— (1) an applied research and development incentive program, including monitoring of effects on ecosystems; (2) demonstration projects, including commercial scale by private industry; (3) engineering, design, environmental and economic analysis; (4) an assessment of the efficacy of ocean iron fertilization and other marine CDR replenishment techniques to— (A) absorb and sequester greenhouse gasses and restore marine ecosystems; (B) replicate those practices under varying conditions; and (C) assess secondary environmental impacts and associated verification methodologies; and (5) a data management plan to include access and archive functions to allow for interagency scientific discovery. (c) Consultation In carrying out the pilot program established under subsection (a), the Secretary shall consult and collaborate with— (1) the heads of other relevant Federal departments and agencies, including— (A) the Administrator of the National Oceanic and Atmospheric Administration; (B) the Secretary of the Treasury; (C) the Administrator of the Environmental Protection Agency; (D) the Director of the Bureau of Ocean Energy Management; and (E) the Director of the National Science Foundation; (2) institutions of higher education; (3) the National Oceanographic Partnership Program; and (4) representatives from other relevant private and public sector organizations. (d) Program goals and objectives In consultation with the entities described in subsection (c), the Secretary shall within 1 year of enactment of this Act develop goals and objectives for the pilot program established under subsection (a), taking into consideration— (1) the acceleration of the development of ocean iron fertilization technologies and other marine CDR practices that have transformational ocean restoration, carbon removal, and carbon storage characteristics; (2) the utilization of, to the maximum extent practicable, environmental data collected by— (A) the entities described in subsection (c); (B) the Defense Advanced Research Projects Agency through the Ocean of Things program; (C) the National Aeronautics and Space Administration through the Plankton, Aerosol, Cloud, ocean Ecosystem mission; (D) NOAA’s Joint Polar Satellite System and Geostationary Operational Environmental Satellites, and data available from the National Centers for Environmental Information; (E) the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration; and (F) the United States Navy, through the Marine Mammal Program; (3) support for sites for safe testing and demonstration; (4) the need to enter into cooperative agreements to carry out and expedite meso-scale demonstration projects; (5) compliance with relevant international laws and treaties, if applicable; (6) any benefits or barriers to the commercial deployment of any such technologies and practices; and (7) the need for adequate data sharing and management protocols among all participants to ensure that the data and information collected from the pilot project is available to the science community and the public. (e) Eligible entities In carrying out the pilot program established under subsection (a), the Secretary shall have the authority to contract with private or public entities provided that— (1) the entity has demonstrated experience with ocean iron fertilization, other marine CDR techniques, or expertise in oceanography; (2) at least 51 percent of project costs are to be provided by sources of funding other than Federal funds; and (3) certain data collected from such projects is made available to the Secretary to demonstrate efficacy of ocean iron fertilization or other marine CDR techniques, subject to the protection of all proprietary data. (f) State and tribal involvement In consultation with the Secretary, States and Tribes may enter into contracts with private and public entities to advance ocean iron fertilization for carbon sequestration or fisheries restoration. (g) Priorities In carrying out the pilot program established under subsection (a), the Secretary shall, to the maximum extent practicable, prioritize activities that— (1) take place in pelagic waters; (2) will not cause or accelerate harmful algal blooms in coastal waters; and (3) restores ocean primary productivity. (h) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing— (1) the program goals and objectives adopted under subsection (d); (2) improving and enhancing techniques for ocean iron fertilization and other marine CDR techniques; (3) any results, successes, and related co-benefits to marine mammals and fisheries, and any direct, indirect, and cumulative impacts to the environment carrying out the pilot program established under subsection (a); (4) the potential to undertake large-scale projects and utilize international waters for demonstration projects; (5) applicability of Research and Development tax credits and other means to incentivize private investment; (6) any policies or permitting recommendations for work conducted in United States and international waters; and (7) any other information the Secretary considers relevant. (i) Symposium Not later than 2 years after the date of enactment of this Act, the Secretary shall convene a symposium, bringing together experts from academia, industry and government to assess the status of deployment, best practices, innovation and technologies, and ongoing research and development related to iron fertilization and other marine CDR techniques for ocean restoration. (j) Waiver Notwithstanding any other provision of law, the Secretary shall have the authority to waive any other legal requirements the Secretary, in the Secretary's sole discretion, determines necessary to ensure expeditious development and implementation of the pilot projects under this section. Any such decision by the Secretary shall be effective upon being published in the Federal Register. (k) Federal court review The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary pursuant to subsection (j). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subsection. (l) Authorization of Appropriations There are authorized to be appropriated to carry out this section $33,000,000 for each of fiscal years 2025 through 2030. (m) Definitions In this section: (1) Coastal waters The term coastal waters means the land and sea areas bordering the shoreline where hypoxic conditions exist or are likely to occur due to excess nutrients. (2) Ocean restoration The term ocean restoration includes the research and development of technologies and techniques that support the addition of trace elements or nutrients to the upper layers of the ocean for the purpose of stimulating phytoplankton activity. (3) Pelagic waters The term pelagic waters means the part of the open sea or ocean other than coastal waters. (4) Ocean iron fertilization The term ocean iron fertilization means introduction of low concentrations of iron to high nutrient, low chlorophyll regions of the ocean surface to stimulate phytoplankton production. (5) Marine cdr techniques In addition to ocean iron fertilization, other marine CDR techniques include, but are not limited to, ocean alkalinity enhancement, electrochemical approaches, and kelp and seaweed cultivation.
9,974
[ "Science, Space, and Technology Committee" ]
118hr2916ih
118
hr
2,916
ih
To amend title 49, United States Code, to establish a program to provide assistance to underserved airports to improve passenger and flight capacity, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Expanding Regional Airports Act.", "id": "H38946FD275D14A23B8C4CE2FBC1E9590", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Regional airport expansion program \n(a) In general \nChapter 417 of title 49, United States Code, is amended by adding at the end the following: IV Regional Airport Expansion Program \n41781. Grants for growing regional airports \n(a) In general \nThe Secretary of Transportation shall establish a program to provide grants to eligible airports to improve passenger and flight capacity. (b) Eligible uses \nAn eligible airport may use a grant provided under this section for— (1) activities that improve passenger and flight capacity at such airport, including— (A) the expansion of passenger and property screening facilities; (B) runway lengthening; (C) hangar construction; and (D) improving passenger facilities; and (2) costs incurred to comply with operational and security requirements under part 139 or part 154 of title 14, Code of Federal Regulations. (c) Grant requirements \nIn carrying out the program established under this section, the Secretary shall provide not less than 3 and not more than 10 grants to eligible airports in each fiscal year. (d) Eligible airport defined \nIn this section, the term eligible airport means an airport that— (1) is a general aviation airport or a nonprimary commercial service airport (as determined by the Administrator of the Federal Aviation Administration); and (2) serves a community with a population of at least 75,000. 41782. Authorization of appropriations \nThere is authorized to be appropriated for each fiscal year $50,000,000 to carry out section 41781.. (b) Technical amendment \nThe analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41767 the following: Subchapter IV—Regional Airport Expansion Program 41781. Grants for growing regional airports. 41782. Authorization of appropriations..", "id": "HABBBE6FEEB7F43809CB95909314C4BF2", "header": "Regional airport expansion program", "nested": [ { "text": "(a) In general \nChapter 417 of title 49, United States Code, is amended by adding at the end the following: IV Regional Airport Expansion Program \n41781. Grants for growing regional airports \n(a) In general \nThe Secretary of Transportation shall establish a program to provide grants to eligible airports to improve passenger and flight capacity. (b) Eligible uses \nAn eligible airport may use a grant provided under this section for— (1) activities that improve passenger and flight capacity at such airport, including— (A) the expansion of passenger and property screening facilities; (B) runway lengthening; (C) hangar construction; and (D) improving passenger facilities; and (2) costs incurred to comply with operational and security requirements under part 139 or part 154 of title 14, Code of Federal Regulations. (c) Grant requirements \nIn carrying out the program established under this section, the Secretary shall provide not less than 3 and not more than 10 grants to eligible airports in each fiscal year. (d) Eligible airport defined \nIn this section, the term eligible airport means an airport that— (1) is a general aviation airport or a nonprimary commercial service airport (as determined by the Administrator of the Federal Aviation Administration); and (2) serves a community with a population of at least 75,000. 41782. Authorization of appropriations \nThere is authorized to be appropriated for each fiscal year $50,000,000 to carry out section 41781..", "id": "H421882AFE30F4E3390A8F156CC2971B5", "header": "In general", "nested": [], "links": [ { "text": "Chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" } ] }, { "text": "(b) Technical amendment \nThe analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41767 the following: Subchapter IV—Regional Airport Expansion Program 41781. Grants for growing regional airports. 41782. Authorization of appropriations..", "id": "HAFC5DBCED1CC4B71AEB77C06B3F23B78", "header": "Technical amendment", "nested": [], "links": [ { "text": "chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" }, { "text": "section 41767", "legal-doc": "usc", "parsable-cite": "usc/49/41767" } ] } ], "links": [ { "text": "Chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" }, { "text": "chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" }, { "text": "section 41767", "legal-doc": "usc", "parsable-cite": "usc/49/41767" } ] }, { "text": "41781. Grants for growing regional airports \n(a) In general \nThe Secretary of Transportation shall establish a program to provide grants to eligible airports to improve passenger and flight capacity. (b) Eligible uses \nAn eligible airport may use a grant provided under this section for— (1) activities that improve passenger and flight capacity at such airport, including— (A) the expansion of passenger and property screening facilities; (B) runway lengthening; (C) hangar construction; and (D) improving passenger facilities; and (2) costs incurred to comply with operational and security requirements under part 139 or part 154 of title 14, Code of Federal Regulations. (c) Grant requirements \nIn carrying out the program established under this section, the Secretary shall provide not less than 3 and not more than 10 grants to eligible airports in each fiscal year. (d) Eligible airport defined \nIn this section, the term eligible airport means an airport that— (1) is a general aviation airport or a nonprimary commercial service airport (as determined by the Administrator of the Federal Aviation Administration); and (2) serves a community with a population of at least 75,000.", "id": "H9F560DADA31E467F9D81FF826D70E079", "header": "Grants for growing regional airports", "nested": [ { "text": "(a) In general \nThe Secretary of Transportation shall establish a program to provide grants to eligible airports to improve passenger and flight capacity.", "id": "H2B49944FDE7744A7B3011F154D3C2E4C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligible uses \nAn eligible airport may use a grant provided under this section for— (1) activities that improve passenger and flight capacity at such airport, including— (A) the expansion of passenger and property screening facilities; (B) runway lengthening; (C) hangar construction; and (D) improving passenger facilities; and (2) costs incurred to comply with operational and security requirements under part 139 or part 154 of title 14, Code of Federal Regulations.", "id": "H0D85907FE34B4583A68E23AF874C8D1E", "header": "Eligible uses", "nested": [], "links": [] }, { "text": "(c) Grant requirements \nIn carrying out the program established under this section, the Secretary shall provide not less than 3 and not more than 10 grants to eligible airports in each fiscal year.", "id": "H0D723380E24D4D9BA99F395E337916DF", "header": "Grant requirements", "nested": [], "links": [] }, { "text": "(d) Eligible airport defined \nIn this section, the term eligible airport means an airport that— (1) is a general aviation airport or a nonprimary commercial service airport (as determined by the Administrator of the Federal Aviation Administration); and (2) serves a community with a population of at least 75,000.", "id": "H86F76A8029854168A9A94D96B88912D4", "header": "Eligible airport defined", "nested": [], "links": [] } ], "links": [] }, { "text": "41782. Authorization of appropriations \nThere is authorized to be appropriated for each fiscal year $50,000,000 to carry out section 41781.", "id": "H2CEB4DEC204542CB9B92EEC46D25AB89", "header": "Authorization of appropriations", "nested": [], "links": [] } ]
4
1. Short title This Act may be cited as the Expanding Regional Airports Act. 2. Regional airport expansion program (a) In general Chapter 417 of title 49, United States Code, is amended by adding at the end the following: IV Regional Airport Expansion Program 41781. Grants for growing regional airports (a) In general The Secretary of Transportation shall establish a program to provide grants to eligible airports to improve passenger and flight capacity. (b) Eligible uses An eligible airport may use a grant provided under this section for— (1) activities that improve passenger and flight capacity at such airport, including— (A) the expansion of passenger and property screening facilities; (B) runway lengthening; (C) hangar construction; and (D) improving passenger facilities; and (2) costs incurred to comply with operational and security requirements under part 139 or part 154 of title 14, Code of Federal Regulations. (c) Grant requirements In carrying out the program established under this section, the Secretary shall provide not less than 3 and not more than 10 grants to eligible airports in each fiscal year. (d) Eligible airport defined In this section, the term eligible airport means an airport that— (1) is a general aviation airport or a nonprimary commercial service airport (as determined by the Administrator of the Federal Aviation Administration); and (2) serves a community with a population of at least 75,000. 41782. Authorization of appropriations There is authorized to be appropriated for each fiscal year $50,000,000 to carry out section 41781.. (b) Technical amendment The analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41767 the following: Subchapter IV—Regional Airport Expansion Program 41781. Grants for growing regional airports. 41782. Authorization of appropriations.. 41781. Grants for growing regional airports (a) In general The Secretary of Transportation shall establish a program to provide grants to eligible airports to improve passenger and flight capacity. (b) Eligible uses An eligible airport may use a grant provided under this section for— (1) activities that improve passenger and flight capacity at such airport, including— (A) the expansion of passenger and property screening facilities; (B) runway lengthening; (C) hangar construction; and (D) improving passenger facilities; and (2) costs incurred to comply with operational and security requirements under part 139 or part 154 of title 14, Code of Federal Regulations. (c) Grant requirements In carrying out the program established under this section, the Secretary shall provide not less than 3 and not more than 10 grants to eligible airports in each fiscal year. (d) Eligible airport defined In this section, the term eligible airport means an airport that— (1) is a general aviation airport or a nonprimary commercial service airport (as determined by the Administrator of the Federal Aviation Administration); and (2) serves a community with a population of at least 75,000. 41782. Authorization of appropriations There is authorized to be appropriated for each fiscal year $50,000,000 to carry out section 41781.
3,220
[ "Transportation and Infrastructure Committee" ]
118hr3986ih
118
hr
3,986
ih
To include Iceland in the list of foreign states whose nationals are eligible for admission into the United States as E1 and E2 nonimmigrants if United States nationals are treated similarly by the Government of Iceland, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Iceland Commercial and Economic Leadership for Arctic and National Development Act or the ICELAND Act.", "id": "H70D7FC4129014491956CF3FBA1D62275", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Nonimmigrant traders and investors \nFor purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) ), Iceland shall be considered to be a foreign state described in such section if the Government of Iceland provides similar nonimmigrant status to nationals of the United States.", "id": "HF6140BD1D6B64F19984757009BC8B0DA", "header": "Nonimmigrant traders and investors", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(E)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ]
2
1. Short title This Act may be cited as the Iceland Commercial and Economic Leadership for Arctic and National Development Act or the ICELAND Act. 2. Nonimmigrant traders and investors For purposes of clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E) ), Iceland shall be considered to be a foreign state described in such section if the Government of Iceland provides similar nonimmigrant status to nationals of the United States.
493
[ "Judiciary Committee" ]
118hr353ih
118
hr
353
ih
To amend the Fair Labor Standards Act of 1938 to provide for the preemption of certain State overtime laws for agricultural employees.
[ { "text": "1. Short title \nThis Act may be cited as the Protect Local Farms Act.", "id": "HEDB9D2411E0A485384E720D373479ED8", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Preemption of certain State overtime laws for agricultural employees \nSection 18 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218 ) is amended— (1) in subsection (a), by striking No provision of this Act or of any order thereunder and inserting Except as provided in subsection (c), no provision of this Act or of any order thereunder ; and (2) by adding at the end the following: (c) The provisions of this Act shall preempt any State law that provides for a maximum workweek for employees employed in agriculture of less than 60 hours..", "id": "H63058A2DCC6648B483725CE2741B0C79", "header": "Preemption of certain State overtime laws for agricultural employees", "nested": [], "links": [ { "text": "29 U.S.C. 218", "legal-doc": "usc", "parsable-cite": "usc/29/218" } ] } ]
2
1. Short title This Act may be cited as the Protect Local Farms Act. 2. Preemption of certain State overtime laws for agricultural employees Section 18 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218 ) is amended— (1) in subsection (a), by striking No provision of this Act or of any order thereunder and inserting Except as provided in subsection (c), no provision of this Act or of any order thereunder ; and (2) by adding at the end the following: (c) The provisions of this Act shall preempt any State law that provides for a maximum workweek for employees employed in agriculture of less than 60 hours..
618
[ "Education and the Workforce Committee" ]
118hr2320ih
118
hr
2,320
ih
To provide for a limitation on availability of funds for Related Programs, Center for Middle Eastern-Western Dialogue Trust Fund for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Related Programs, Center for Middle Eastern-Western Dialogue Trust Fund for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Related Programs, Center for Middle Eastern-Western Dialogue Trust Fund for fiscal year 2024 may not exceed $16,700,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Related Programs, Center for Middle Eastern-Western Dialogue Trust Fund for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Related Programs, Center for Middle Eastern-Western Dialogue Trust Fund for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Related Programs, Center for Middle Eastern-Western Dialogue Trust Fund for fiscal year 2024 may not exceed $16,700,000.
370
[ "Foreign Affairs Committee" ]
118hr5514ih
118
hr
5,514
ih
To authorize a pilot program to expand and intensify surveillance of self-harm in partnership with State and local public health departments, to establish a grant program to provide self-harm and suicide prevention services in hospital emergency departments, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Suicide Prevention Act.", "id": "H95E7DD072BB047018890EB16A0EB6CAD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Syndromic surveillance of self-harm behaviors program \nTitle III of the Public Health Service Act is amended by inserting after section 317U of such Act ( 42 U.S.C. 247b–23 ) the following: 317W. Syndromic surveillance of self-harm behaviors program \n(a) In general \nThe Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. (b) Data sharing by grantees \nAs a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of— (1) tracking and monitoring self-harm to inform response activities to suicide clusters; (2) informing prevention programming for identified at-risk populations; and (3) conducting or supporting research. (c) Disaggregation of data \nThe Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: (1) Nonfatal self-harm data of any intent. (2) Data on suicidal ideation. (3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. (4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. (5) Data on self-harm where suicidal intent is unclear based on the available evidence. (d) Priority \nIn making awards under subsection (a), the Secretary shall give priority to eligible entities that are— (1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; (2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or (3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. (e) Geographic distribution \nIn making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including— (1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; (2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and (3) other appropriate community-level factors and social determinants of health such as income, employment, and education. (f) Period of participation \nTo be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. (g) Technical assistance \nThe Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). (h) Data sharing by HHS \nSubject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through— (1) the National Syndromic Surveillance Program’s Early Notification of Community Epidemics (ESSENCE) platform (or any successor platform); (2) the National Violent Death Reporting System, as appropriate; or (3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. (i) Rule of construction regarding applicability of privacy protections \nNothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. (j) Report \n(1) Submission \nNot later than 3 years after the date of enactment of this Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. (2) Contents \nIn addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include— (A) challenges and gaps in data collection and reporting; (B) recommendations to address such gaps and challenges; and (C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. (k) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2024 through 2028..", "id": "H49F6C151333C478B87001F69A6128432", "header": "Syndromic surveillance of self-harm behaviors program", "nested": [], "links": [ { "text": "42 U.S.C. 247b–23", "legal-doc": "usc", "parsable-cite": "usc/42/247b-23" } ] }, { "text": "317W. Syndromic surveillance of self-harm behaviors program \n(a) In general \nThe Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. (b) Data sharing by grantees \nAs a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of— (1) tracking and monitoring self-harm to inform response activities to suicide clusters; (2) informing prevention programming for identified at-risk populations; and (3) conducting or supporting research. (c) Disaggregation of data \nThe Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: (1) Nonfatal self-harm data of any intent. (2) Data on suicidal ideation. (3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. (4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. (5) Data on self-harm where suicidal intent is unclear based on the available evidence. (d) Priority \nIn making awards under subsection (a), the Secretary shall give priority to eligible entities that are— (1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; (2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or (3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. (e) Geographic distribution \nIn making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including— (1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; (2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and (3) other appropriate community-level factors and social determinants of health such as income, employment, and education. (f) Period of participation \nTo be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. (g) Technical assistance \nThe Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). (h) Data sharing by HHS \nSubject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through— (1) the National Syndromic Surveillance Program’s Early Notification of Community Epidemics (ESSENCE) platform (or any successor platform); (2) the National Violent Death Reporting System, as appropriate; or (3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. (i) Rule of construction regarding applicability of privacy protections \nNothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. (j) Report \n(1) Submission \nNot later than 3 years after the date of enactment of this Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. (2) Contents \nIn addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include— (A) challenges and gaps in data collection and reporting; (B) recommendations to address such gaps and challenges; and (C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. (k) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2024 through 2028.", "id": "H8B7704980D19445A877A97383D33C08A", "header": "Syndromic surveillance of self-harm behaviors program", "nested": [ { "text": "(a) In general \nThe Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm.", "id": "H6BF15EB8B6874CDFA2F225AA796840C4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Data sharing by grantees \nAs a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of— (1) tracking and monitoring self-harm to inform response activities to suicide clusters; (2) informing prevention programming for identified at-risk populations; and (3) conducting or supporting research.", "id": "HEFA6710617864BC69625CFF81B08191C", "header": "Data sharing by grantees", "nested": [], "links": [] }, { "text": "(c) Disaggregation of data \nThe Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: (1) Nonfatal self-harm data of any intent. (2) Data on suicidal ideation. (3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. (4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. (5) Data on self-harm where suicidal intent is unclear based on the available evidence.", "id": "HDAA615D3DDB540D9B4955850E0BA2C71", "header": "Disaggregation of data", "nested": [], "links": [] }, { "text": "(d) Priority \nIn making awards under subsection (a), the Secretary shall give priority to eligible entities that are— (1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; (2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or (3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention.", "id": "H13743A6EB26D45C08AF3D50C973BF8A8", "header": "Priority", "nested": [], "links": [] }, { "text": "(e) Geographic distribution \nIn making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including— (1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; (2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and (3) other appropriate community-level factors and social determinants of health such as income, employment, and education.", "id": "H89C9DD7383E8472EB761D0278B12A7CC", "header": "Geographic distribution", "nested": [], "links": [] }, { "text": "(f) Period of participation \nTo be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years.", "id": "HC9F11E2F95E7440AB9AE4CA89CC621D3", "header": "Period of participation", "nested": [], "links": [] }, { "text": "(g) Technical assistance \nThe Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b).", "id": "HED2E19C8DAE043A487720ECF95C201E5", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(h) Data sharing by HHS \nSubject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through— (1) the National Syndromic Surveillance Program’s Early Notification of Community Epidemics (ESSENCE) platform (or any successor platform); (2) the National Violent Death Reporting System, as appropriate; or (3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans.", "id": "H6C70F5F077AD4B27914D2E59FCAD58FD", "header": "Data sharing by HHS", "nested": [], "links": [] }, { "text": "(i) Rule of construction regarding applicability of privacy protections \nNothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section.", "id": "H32B1631245BD478A99A10EB269B66DCD", "header": "Rule of construction regarding applicability of privacy protections", "nested": [], "links": [] }, { "text": "(j) Report \n(1) Submission \nNot later than 3 years after the date of enactment of this Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. (2) Contents \nIn addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include— (A) challenges and gaps in data collection and reporting; (B) recommendations to address such gaps and challenges; and (C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected.", "id": "H4F28CA84776344EBB3B2799958B3953B", "header": "Report", "nested": [], "links": [] }, { "text": "(k) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2024 through 2028.", "id": "H3A08EF662EC542179A1820A9FF199CFF", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Grants to provide self-harm and suicide prevention services \nPart B of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ) is amended by adding at the end the following: 520O. Grants to provide self-harm and suicide prevention services \n(a) In general \nThe Secretary of Health and Human Services shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. (b) Activities supported \n(1) In general \nA hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include— (A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; (B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and (C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). (2) Use of funds to hire and train staff \nAmounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). (c) Grant terms \nA grant awarded under subsection (a)— (1) shall be for a period of 3 years; and (2) may be renewed subject to the requirements of this section. (d) Applications \nA hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Standards of Practice \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). (2) Consultation \nThe Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and non-profit entities. (f) Reporting \n(1) Reports to the Secretary \n(A) In general \nA hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. (B) Matters to be included \nThe report required under subparagraph (A) shall include— (i) the number of patients receiving— (I) screenings carried out at the hospital emergency department; (II) short-term self-harm and suicide prevention services at the hospital emergency department; and (III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; (ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and (iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. (2) Reports to Congress \nNot later than 2 years after the date of the enactment of the Suicide Prevention Act , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including— (A) a summary of reports received by the Secretary under paragraph (1); and (B) an evaluation of the program by the Secretary. (g) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2028..", "id": "H57343485A2A943B780B6663A993DE6AC", "header": "Grants to provide self-harm and suicide prevention services", "nested": [], "links": [ { "text": "42 U.S.C. 290aa et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/290aa" } ] }, { "text": "520O. Grants to provide self-harm and suicide prevention services \n(a) In general \nThe Secretary of Health and Human Services shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. (b) Activities supported \n(1) In general \nA hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include— (A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; (B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and (C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). (2) Use of funds to hire and train staff \nAmounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). (c) Grant terms \nA grant awarded under subsection (a)— (1) shall be for a period of 3 years; and (2) may be renewed subject to the requirements of this section. (d) Applications \nA hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Standards of Practice \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). (2) Consultation \nThe Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and non-profit entities. (f) Reporting \n(1) Reports to the Secretary \n(A) In general \nA hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. (B) Matters to be included \nThe report required under subparagraph (A) shall include— (i) the number of patients receiving— (I) screenings carried out at the hospital emergency department; (II) short-term self-harm and suicide prevention services at the hospital emergency department; and (III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; (ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and (iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. (2) Reports to Congress \nNot later than 2 years after the date of the enactment of the Suicide Prevention Act , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including— (A) a summary of reports received by the Secretary under paragraph (1); and (B) an evaluation of the program by the Secretary. (g) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2028.", "id": "H659F997EE937480AAC45C84CCEF55E07", "header": "Grants to provide self-harm and suicide prevention services", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services shall award grants to hospital emergency departments to provide self-harm and suicide prevention services.", "id": "H6132297F32F54FF0BC59355DEA9BA4F6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Activities supported \n(1) In general \nA hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include— (A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; (B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and (C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). (2) Use of funds to hire and train staff \nAmounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1).", "id": "H41EF1080A07F4AEEB891DD988C82A3BF", "header": "Activities supported", "nested": [], "links": [] }, { "text": "(c) Grant terms \nA grant awarded under subsection (a)— (1) shall be for a period of 3 years; and (2) may be renewed subject to the requirements of this section.", "id": "H94F00CB8029A4A96A7627BC4B0EFCDAA", "header": "Grant terms", "nested": [], "links": [] }, { "text": "(d) Applications \nA hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.", "id": "H2E6F1F3A8052481C9C7758D0B411AEFC", "header": "Applications", "nested": [], "links": [] }, { "text": "(e) Standards of Practice \n(1) In general \nNot later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). (2) Consultation \nThe Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and non-profit entities.", "id": "H89A48DCF3D504652A1C34BEE23B780CF", "header": "Standards of Practice", "nested": [], "links": [] }, { "text": "(f) Reporting \n(1) Reports to the Secretary \n(A) In general \nA hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. (B) Matters to be included \nThe report required under subparagraph (A) shall include— (i) the number of patients receiving— (I) screenings carried out at the hospital emergency department; (II) short-term self-harm and suicide prevention services at the hospital emergency department; and (III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; (ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and (iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. (2) Reports to Congress \nNot later than 2 years after the date of the enactment of the Suicide Prevention Act , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including— (A) a summary of reports received by the Secretary under paragraph (1); and (B) an evaluation of the program by the Secretary.", "id": "H3A2B5EDDEB394BD3A611BCBD590280EF", "header": "Reporting", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2028.", "id": "H1E7235A2C9FD482EB3EBA5428E4391B2", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title This Act may be cited as the Suicide Prevention Act. 2. Syndromic surveillance of self-harm behaviors program Title III of the Public Health Service Act is amended by inserting after section 317U of such Act ( 42 U.S.C. 247b–23 ) the following: 317W. Syndromic surveillance of self-harm behaviors program (a) In general The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. (b) Data sharing by grantees As a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of— (1) tracking and monitoring self-harm to inform response activities to suicide clusters; (2) informing prevention programming for identified at-risk populations; and (3) conducting or supporting research. (c) Disaggregation of data The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: (1) Nonfatal self-harm data of any intent. (2) Data on suicidal ideation. (3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. (4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. (5) Data on self-harm where suicidal intent is unclear based on the available evidence. (d) Priority In making awards under subsection (a), the Secretary shall give priority to eligible entities that are— (1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; (2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or (3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. (e) Geographic distribution In making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including— (1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; (2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and (3) other appropriate community-level factors and social determinants of health such as income, employment, and education. (f) Period of participation To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. (g) Technical assistance The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). (h) Data sharing by HHS Subject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through— (1) the National Syndromic Surveillance Program’s Early Notification of Community Epidemics (ESSENCE) platform (or any successor platform); (2) the National Violent Death Reporting System, as appropriate; or (3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. (i) Rule of construction regarding applicability of privacy protections Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. (j) Report (1) Submission Not later than 3 years after the date of enactment of this Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. (2) Contents In addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include— (A) challenges and gaps in data collection and reporting; (B) recommendations to address such gaps and challenges; and (C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. (k) Authorization of appropriations To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2024 through 2028.. 317W. Syndromic surveillance of self-harm behaviors program (a) In general The Secretary shall award grants to State, local, Tribal, and territorial public health departments for the expansion of surveillance of self-harm. (b) Data sharing by grantees As a condition of receipt of such grant under subsection (a), each grantee shall agree to share with the Centers for Disease Control and Prevention in real time, to the extent feasible and as specified in the grant agreement, data on suicides and self-harm for purposes of— (1) tracking and monitoring self-harm to inform response activities to suicide clusters; (2) informing prevention programming for identified at-risk populations; and (3) conducting or supporting research. (c) Disaggregation of data The Secretary shall provide for the data collected through surveillance of self-harm under subsection (b) to be disaggregated by the following categories: (1) Nonfatal self-harm data of any intent. (2) Data on suicidal ideation. (3) Data on self-harm where there is no evidence, whether implicit or explicit, of suicidal intent. (4) Data on self-harm where there is evidence, whether implicit or explicit, of suicidal intent. (5) Data on self-harm where suicidal intent is unclear based on the available evidence. (d) Priority In making awards under subsection (a), the Secretary shall give priority to eligible entities that are— (1) located in a State with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined by the Director of the Centers for Disease Control and Prevention; (2) serving an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) with an age-adjusted rate of nonfatal suicidal behavior that is above the national rate of nonfatal suicidal behavior, as determined through appropriate mechanisms determined by the Secretary in consultation with Indian Tribes; or (3) located in a State with a high rate of coverage of statewide (or Tribal) emergency department visits, as determined by the Director of the Centers for Disease Control and Prevention. (e) Geographic distribution In making grants under this section, the Secretary shall make an effort to ensure geographic distribution, taking into account the unique needs of rural communities, including— (1) communities with an incidence of individuals with serious mental illness, demonstrated suicidal ideation or behavior, or suicide rates that are above the national average, as determined by the Assistant Secretary for Mental Health and Substance Use; (2) communities with a shortage of prevention and treatment services, as determined by the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration; and (3) other appropriate community-level factors and social determinants of health such as income, employment, and education. (f) Period of participation To be selected as a grant recipient under this section, a State, local, Tribal, or territorial public health department shall agree to participate in the program for a period of not less than 4 years. (g) Technical assistance The Secretary shall provide technical assistance and training to grantees for collecting and sharing the data under subsection (b). (h) Data sharing by HHS Subject to subsection (b), the Secretary shall, with respect to data on self-harm that is collected pursuant to this section, share and integrate such data through— (1) the National Syndromic Surveillance Program’s Early Notification of Community Epidemics (ESSENCE) platform (or any successor platform); (2) the National Violent Death Reporting System, as appropriate; or (3) another appropriate surveillance program, including such a program that collects data on suicides and self-harm among special populations, such as members of the military and veterans. (i) Rule of construction regarding applicability of privacy protections Nothing in this section shall be construed to limit or alter the application of Federal or State law relating to the privacy of information to data or information that is collected or created under this section. (j) Report (1) Submission Not later than 3 years after the date of enactment of this Act, the Secretary shall evaluate the suicide and self-harm syndromic surveillance systems at the Federal, State, and local levels and submit a report to Congress on the data collected under subsections (b) and (c) in a manner that prevents the disclosure of individually identifiable information, at a minimum, consistent with all applicable privacy laws and regulations. (2) Contents In addition to the data collected under subsections (b) and (c), the report under paragraph (1) shall include— (A) challenges and gaps in data collection and reporting; (B) recommendations to address such gaps and challenges; and (C) a description of any public health responses initiated at the Federal, State, or local level in response to the data collected. (k) Authorization of appropriations To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2024 through 2028. 3. Grants to provide self-harm and suicide prevention services Part B of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ) is amended by adding at the end the following: 520O. Grants to provide self-harm and suicide prevention services (a) In general The Secretary of Health and Human Services shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. (b) Activities supported (1) In general A hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include— (A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; (B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and (C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). (2) Use of funds to hire and train staff Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). (c) Grant terms A grant awarded under subsection (a)— (1) shall be for a period of 3 years; and (2) may be renewed subject to the requirements of this section. (d) Applications A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Standards of Practice (1) In general Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). (2) Consultation The Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and non-profit entities. (f) Reporting (1) Reports to the Secretary (A) In general A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. (B) Matters to be included The report required under subparagraph (A) shall include— (i) the number of patients receiving— (I) screenings carried out at the hospital emergency department; (II) short-term self-harm and suicide prevention services at the hospital emergency department; and (III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; (ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and (iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. (2) Reports to Congress Not later than 2 years after the date of the enactment of the Suicide Prevention Act , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including— (A) a summary of reports received by the Secretary under paragraph (1); and (B) an evaluation of the program by the Secretary. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2028.. 520O. Grants to provide self-harm and suicide prevention services (a) In general The Secretary of Health and Human Services shall award grants to hospital emergency departments to provide self-harm and suicide prevention services. (b) Activities supported (1) In general A hospital emergency department awarded a grant under subsection (a) shall use amounts under the grant to implement a program or protocol to better prevent suicide attempts among hospital patients after discharge, which may include— (A) screening patients for self-harm and suicide in accordance with the standards of practice described in subsection (e)(1) and standards of care established by appropriate medical and advocacy organizations; (B) providing patients short-term self-harm and suicide prevention services in accordance with the results of the screenings described in subparagraph (A); and (C) referring patients, as appropriate, to a health care facility or provider for purposes of receiving long-term self-harm and suicide prevention services, and providing any additional follow up services and care identified as appropriate as a result of the screenings and short-term self-harm and suicide prevention services described in subparagraphs (A) and (B). (2) Use of funds to hire and train staff Amounts awarded under subsection (a) may be used to hire clinical social workers, mental and behavioral health care professionals, and support staff as appropriate, and to train existing staff and newly hired staff to carry out the activities described in paragraph (1). (c) Grant terms A grant awarded under subsection (a)— (1) shall be for a period of 3 years; and (2) may be renewed subject to the requirements of this section. (d) Applications A hospital emergency department seeking a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (e) Standards of Practice (1) In general Not later than 180 days after the date of the enactment of this section, the Secretary shall develop standards of practice for screening patients for self-harm and suicide for purposes of carrying out subsection (b)(1)(C). (2) Consultation The Secretary shall develop the standards of practice described in paragraph (1) in consultation with individuals and entities with expertise in self-harm and suicide prevention, including public, private, and non-profit entities. (f) Reporting (1) Reports to the Secretary (A) In general A hospital emergency department awarded a grant under subsection (a) shall, at least quarterly for the duration of the grant, submit to the Secretary a report evaluating the activities supported by the grant. (B) Matters to be included The report required under subparagraph (A) shall include— (i) the number of patients receiving— (I) screenings carried out at the hospital emergency department; (II) short-term self-harm and suicide prevention services at the hospital emergency department; and (III) referrals to health care facilities for the purposes of receiving long-term self-harm and suicide prevention; (ii) information on the adherence of the hospital emergency department to the standards of practice described in subsection (f)(1); and (iii) other information as the Secretary determines appropriate to evaluate the use of grant funds. (2) Reports to Congress Not later than 2 years after the date of the enactment of the Suicide Prevention Act , and biennially thereafter, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the grant program under this section, including— (A) a summary of reports received by the Secretary under paragraph (1); and (B) an evaluation of the program by the Secretary. (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2028.
18,951
[ "Energy and Commerce Committee" ]
118hr7134ih
118
hr
7,134
ih
To establish the Office to Enforce and Protect Against Child Sexual Exploitation.
[ { "text": "1. Short title \nThis Act may be cited as the Invest in Child Safety Act of 2024.", "id": "HF60BD6648114441E9CDD6B91BB0193C1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Child sexual exploitation \nThe term child sexual exploitation has the meaning given the term child exploitation in section 2 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21101 ). (2) Covered program or agency \nThe term covered program or agency means— (A) each Federal program or Executive agency involved in— (i) the prevention, treatment of victims, investigation, or prosecution of child sexual exploitation; or (ii) other activities relating to addressing child sexual exploitation; or (B) any other Federal program, agency, or activity designated by the Director. (3) Director \nThe term Director means the Director of the Office appointed under section 3(b)(1). (4) Enforcement and protection strategy \nThe term enforcement and protection strategy means the enforcement and protection strategy required under section 3(c)(4). (5) Executive agency \nThe term Executive agency has the meaning given that term in section 105 of title 5, United States Code. (6) Fund \nThe term Fund means the Child Sexual Exploitation Treatment, Support, and Prevention Fund established under section 4(c)(1). (7) High-level representative \nThe term high-level representative means an individual who is— (A) appointed by the President, by and with the advice and consent of the Senate; (B) in a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code); or (C) for an entity that is not an Executive agency, serving in a leadership or other senior position in the entity. (8) Indian Tribe \nThe term Indian Tribe has the meaning given the term Indian tribe in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (9) Office \nThe term Office means the Office to Enforce and Protect Against Child Sexual Exploitation established under section 3(a).", "id": "H03B7BD9141B04ECF86F1F72569911B9A", "header": "Definitions", "nested": [], "links": [ { "text": "34 U.S.C. 21101", "legal-doc": "usc", "parsable-cite": "usc/34/21101" }, { "text": "25 U.S.C. 5304(e)", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "3. Office to Enforce and Protect Against Child Sexual Exploitation \n(a) Establishment \nThere is established in the Department of Justice an Office to Enforce and Protect Against Child Sexual Exploitation. (b) Director \n(1) Appointment \nThe Office shall be headed by a Director who shall be appointed by the Attorney General, and who shall report directly to the Associate Attorney General. (2) Term \n(A) In general \nThe Director shall be appointed for a term of 5 years. (B) Limitation \nAn individual may not serve more than 2 terms as the Director. (3) Qualifications \nThe individual appointed as the Director shall have— (A) a demonstrated ability in managing large organizations and coordinating offices; (B) experience prosecuting Federal child sexual exploitation crimes; and (C) proficiency in investigating crimes that have a technological or cyber component. (4) Limitations \nThe individual serving as the Director— (A) shall be a member of the Senior Executive Service in a permanent position in the Department of Justice; and (B) may not have other significant duties or responsibilities that might distract from the duty of the Director to carry out the requirements of this Act and the responsibilities under section 101 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111 ). (5) Coordination of activities \nThe Director shall coordinate the activities of the Office with the Attorney General, the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Secretary of Education, the Chairman of the Interagency Task Force to Monitor and Combat Trafficking in Persons established under section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103 ), the Chief Executive Officer of the International Centre for Missing and Exploited Children, and the President of the National Center for Missing and Exploited Children. (c) Duties \nThe Director shall— (1) coordinate the activities of covered programs and agencies; (2) cooperate, as appropriate, with foreign law enforcement agencies, including through— (A) information sharing and providing technical assistance; and (B) detailing employees of the Office to high priority countries that are the source of visual depictions of child sexual exploitation; (3) not less than 3 times per year, convene a meeting of high-level representatives of the Department of Justice, the Federal Bureau of Investigation, the Department of Defense, the Department of Health and Human Services, the Department of Homeland Security, the Department of Education, the Interagency Task Force to Monitor and Combat Trafficking in Persons established under section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103 ), the International Centre for Missing and Exploited Children, and the National Center for Missing and Exploited Children, to ensure success of the enforcement and protection strategy; (4) not later than 180 days after the date on which each Director is first appointed to the position of Director, submit to Congress an enforcement and protection strategy for— (A) the prevention, investigation, or prosecution of child sexual exploitation by Executive agencies; (B) the treatment of and services provided to victims of child sexual exploitation by Executive agencies; and (C) other activities of Executive agencies relating to addressing child sexual exploitation; (5) during the 60-day period beginning on the date on which each Director is first appointed to the position of Director, solicit comments from the public on the enforcement and protection strategy; (6) not later than 180 days after the date on which each Director is first appointed to the position of Director, submit to Congress a spending plan, which shall be developed in consultation with the head of covered programs and agencies and the Director of the Office of Management and Budget; (7) with respect to each fiscal year, for not less than a period of 30 days before the start of such fiscal year, seek public comment on the funding priorities of the Office and covered programs and agencies for such fiscal year, including funding transfers and grants to be made from the Fund during such fiscal year; (8) not later than March 1 of each year, submit to Congress an annual report— (A) detailing the work of the Office and each covered program or agency during the previous fiscal year and evaluating the efficacy of the use of funds by the Office and covered programs and agencies during the previous fiscal year, which shall include, with respect to such previous fiscal year— (i) the number and nature of reports to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to such CyberTipline operated by the National Center for Missing and Exploited Children; (ii) the number and nature of investigations conducted relating to child sexual exploitation; (iii) the number and nature of arrests relating to child sexual exploitation; (iv) the number and nature of ongoing prosecutions of offenses involving child sexual exploitation; (v) the number of prosecutions of offenses involving child sexual exploitation by judicial district; (vi) the number of convictions of offenses involving child sexual exploitation; (vii) the number of convictions of offenses involving child sexual exploitation by judicial district; (viii) the number of referrals of offenses involving child sexual exploitation to non-Federal entities, including foreign law enforcement agencies, broken down by jurisdiction and entity; (ix) a summary of all transfers and grants made from the Fund; and (x) a summary of any unobligated funds from transfers and grants made for a previous fiscal year from the Fund; and (B) discussing the funding priorities of the Office and covered programs and agencies for the current fiscal year, which shall include— (i) an outline of planned funding transfers and grants to be made from the Fund during the current fiscal year; and (ii) a summary of public comments on such funding priorities received under paragraph (7); (9) not later than May 1 of each year, appear before the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives to discuss the enforcement and protection strategy, including any updates; and (10) carry out the duties of the National Coordinator for Child Exploitation Prevention and Interdiction. (d) Notice of changes by covered programs and agencies \n(1) In general \nThe head of each covered program or agency shall notify the Director in writing of any proposed policy change relating to— (A) the prevention, investigation, or prosecution of child sexual exploitation; (B) the treatment of victims of child sexual exploitation; or (C) other activities relating to addressing child sexual exploitation. (2) Response \nThe Director shall respond promptly to any notice under paragraph (1), which shall include the determination of the Director regarding whether the proposed policy change is consistent with the enforcement and protection strategy. (e) National Strategy for Child Exploitation Prevention and Interdiction \n(1) Director to serve as coordinator \nSection 101(d) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111(d) ) is amended— (A) in the subsection heading, by striking Appointment of high-level official and inserting National Coordinator for Child Exploitation Prevention and Intervention ; (B) by striking paragraph (1) and inserting the following: (1) In general \nThe Director of the Office to Enforce and Protect Against Child Sexual Exploitation shall serve as the National Coordinator for Child Exploitation Prevention and Interdiction and shall be responsible for coordinating the development of the National Strategy established under subsection (a). ; and (C) in paragraph (2), in the matter preceding subparagraph (A), by striking official designated under paragraph (1) and inserting National Coordinator for Child Exploitation Prevention and Interdiction. (2) Publication of National Strategy \nSection 101(b) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111(b) ) is amended— (A) by striking Not later and inserting the following: (1) In general \nNot later ; and (B) by adding at the end the following: (2) Publication \nNot later than 30 days after the date on which the Attorney General submits to Congress a National Strategy under paragraph (1), the Attorney General shall publish on the internet website of the Department of Justice an unclassified version of the National Strategy.. (3) Consultation with Congress \nSection 101 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111 ) is amended by adding at the end the following: (e) Consultation with Congress \nDuring any year in which the Attorney General submits to Congress the National Strategy established under subsection (a), the Director of Office to Enforce and Protect Against Child Sexual Exploitation shall appear before the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives to discuss the National Strategy at the same time the Director appears to discuss the enforcement and protection strategy pursuant to section 3(c)(9) of the Invest in Child Safety Act of 2024..", "id": "H1EFF8BAB9AAD475C907DCD4FE3D0E481", "header": "Office to Enforce and Protect Against Child Sexual Exploitation", "nested": [ { "text": "(a) Establishment \nThere is established in the Department of Justice an Office to Enforce and Protect Against Child Sexual Exploitation.", "id": "H72285185022D4953B6F667DD26CAAACA", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Director \n(1) Appointment \nThe Office shall be headed by a Director who shall be appointed by the Attorney General, and who shall report directly to the Associate Attorney General. (2) Term \n(A) In general \nThe Director shall be appointed for a term of 5 years. (B) Limitation \nAn individual may not serve more than 2 terms as the Director. (3) Qualifications \nThe individual appointed as the Director shall have— (A) a demonstrated ability in managing large organizations and coordinating offices; (B) experience prosecuting Federal child sexual exploitation crimes; and (C) proficiency in investigating crimes that have a technological or cyber component. (4) Limitations \nThe individual serving as the Director— (A) shall be a member of the Senior Executive Service in a permanent position in the Department of Justice; and (B) may not have other significant duties or responsibilities that might distract from the duty of the Director to carry out the requirements of this Act and the responsibilities under section 101 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111 ). (5) Coordination of activities \nThe Director shall coordinate the activities of the Office with the Attorney General, the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Secretary of Education, the Chairman of the Interagency Task Force to Monitor and Combat Trafficking in Persons established under section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103 ), the Chief Executive Officer of the International Centre for Missing and Exploited Children, and the President of the National Center for Missing and Exploited Children.", "id": "H3151862FF1B343B6A1AB2A15192605BE", "header": "Director", "nested": [], "links": [ { "text": "34 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/34/21111" }, { "text": "22 U.S.C. 7103", "legal-doc": "usc", "parsable-cite": "usc/22/7103" } ] }, { "text": "(c) Duties \nThe Director shall— (1) coordinate the activities of covered programs and agencies; (2) cooperate, as appropriate, with foreign law enforcement agencies, including through— (A) information sharing and providing technical assistance; and (B) detailing employees of the Office to high priority countries that are the source of visual depictions of child sexual exploitation; (3) not less than 3 times per year, convene a meeting of high-level representatives of the Department of Justice, the Federal Bureau of Investigation, the Department of Defense, the Department of Health and Human Services, the Department of Homeland Security, the Department of Education, the Interagency Task Force to Monitor and Combat Trafficking in Persons established under section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103 ), the International Centre for Missing and Exploited Children, and the National Center for Missing and Exploited Children, to ensure success of the enforcement and protection strategy; (4) not later than 180 days after the date on which each Director is first appointed to the position of Director, submit to Congress an enforcement and protection strategy for— (A) the prevention, investigation, or prosecution of child sexual exploitation by Executive agencies; (B) the treatment of and services provided to victims of child sexual exploitation by Executive agencies; and (C) other activities of Executive agencies relating to addressing child sexual exploitation; (5) during the 60-day period beginning on the date on which each Director is first appointed to the position of Director, solicit comments from the public on the enforcement and protection strategy; (6) not later than 180 days after the date on which each Director is first appointed to the position of Director, submit to Congress a spending plan, which shall be developed in consultation with the head of covered programs and agencies and the Director of the Office of Management and Budget; (7) with respect to each fiscal year, for not less than a period of 30 days before the start of such fiscal year, seek public comment on the funding priorities of the Office and covered programs and agencies for such fiscal year, including funding transfers and grants to be made from the Fund during such fiscal year; (8) not later than March 1 of each year, submit to Congress an annual report— (A) detailing the work of the Office and each covered program or agency during the previous fiscal year and evaluating the efficacy of the use of funds by the Office and covered programs and agencies during the previous fiscal year, which shall include, with respect to such previous fiscal year— (i) the number and nature of reports to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to such CyberTipline operated by the National Center for Missing and Exploited Children; (ii) the number and nature of investigations conducted relating to child sexual exploitation; (iii) the number and nature of arrests relating to child sexual exploitation; (iv) the number and nature of ongoing prosecutions of offenses involving child sexual exploitation; (v) the number of prosecutions of offenses involving child sexual exploitation by judicial district; (vi) the number of convictions of offenses involving child sexual exploitation; (vii) the number of convictions of offenses involving child sexual exploitation by judicial district; (viii) the number of referrals of offenses involving child sexual exploitation to non-Federal entities, including foreign law enforcement agencies, broken down by jurisdiction and entity; (ix) a summary of all transfers and grants made from the Fund; and (x) a summary of any unobligated funds from transfers and grants made for a previous fiscal year from the Fund; and (B) discussing the funding priorities of the Office and covered programs and agencies for the current fiscal year, which shall include— (i) an outline of planned funding transfers and grants to be made from the Fund during the current fiscal year; and (ii) a summary of public comments on such funding priorities received under paragraph (7); (9) not later than May 1 of each year, appear before the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives to discuss the enforcement and protection strategy, including any updates; and (10) carry out the duties of the National Coordinator for Child Exploitation Prevention and Interdiction.", "id": "H23E0C6715D6648CAB374E2ACDEBAD1CD", "header": "Duties", "nested": [], "links": [ { "text": "22 U.S.C. 7103", "legal-doc": "usc", "parsable-cite": "usc/22/7103" } ] }, { "text": "(d) Notice of changes by covered programs and agencies \n(1) In general \nThe head of each covered program or agency shall notify the Director in writing of any proposed policy change relating to— (A) the prevention, investigation, or prosecution of child sexual exploitation; (B) the treatment of victims of child sexual exploitation; or (C) other activities relating to addressing child sexual exploitation. (2) Response \nThe Director shall respond promptly to any notice under paragraph (1), which shall include the determination of the Director regarding whether the proposed policy change is consistent with the enforcement and protection strategy.", "id": "H2D0362CF15284EB9BC9875809FDA8673", "header": "Notice of changes by covered programs and agencies", "nested": [], "links": [] }, { "text": "(e) National Strategy for Child Exploitation Prevention and Interdiction \n(1) Director to serve as coordinator \nSection 101(d) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111(d) ) is amended— (A) in the subsection heading, by striking Appointment of high-level official and inserting National Coordinator for Child Exploitation Prevention and Intervention ; (B) by striking paragraph (1) and inserting the following: (1) In general \nThe Director of the Office to Enforce and Protect Against Child Sexual Exploitation shall serve as the National Coordinator for Child Exploitation Prevention and Interdiction and shall be responsible for coordinating the development of the National Strategy established under subsection (a). ; and (C) in paragraph (2), in the matter preceding subparagraph (A), by striking official designated under paragraph (1) and inserting National Coordinator for Child Exploitation Prevention and Interdiction. (2) Publication of National Strategy \nSection 101(b) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111(b) ) is amended— (A) by striking Not later and inserting the following: (1) In general \nNot later ; and (B) by adding at the end the following: (2) Publication \nNot later than 30 days after the date on which the Attorney General submits to Congress a National Strategy under paragraph (1), the Attorney General shall publish on the internet website of the Department of Justice an unclassified version of the National Strategy.. (3) Consultation with Congress \nSection 101 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111 ) is amended by adding at the end the following: (e) Consultation with Congress \nDuring any year in which the Attorney General submits to Congress the National Strategy established under subsection (a), the Director of Office to Enforce and Protect Against Child Sexual Exploitation shall appear before the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives to discuss the National Strategy at the same time the Director appears to discuss the enforcement and protection strategy pursuant to section 3(c)(9) of the Invest in Child Safety Act of 2024..", "id": "H74E00E213012450489D8C030C2BB7339", "header": "National Strategy for Child Exploitation Prevention and Interdiction", "nested": [], "links": [ { "text": "34 U.S.C. 21111(d)", "legal-doc": "usc", "parsable-cite": "usc/34/21111" }, { "text": "34 U.S.C. 21111(b)", "legal-doc": "usc", "parsable-cite": "usc/34/21111" }, { "text": "34 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/34/21111" } ] } ], "links": [ { "text": "34 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/34/21111" }, { "text": "22 U.S.C. 7103", "legal-doc": "usc", "parsable-cite": "usc/22/7103" }, { "text": "22 U.S.C. 7103", "legal-doc": "usc", "parsable-cite": "usc/22/7103" }, { "text": "34 U.S.C. 21111(d)", "legal-doc": "usc", "parsable-cite": "usc/34/21111" }, { "text": "34 U.S.C. 21111(b)", "legal-doc": "usc", "parsable-cite": "usc/34/21111" }, { "text": "34 U.S.C. 21111", "legal-doc": "usc", "parsable-cite": "usc/34/21111" } ] }, { "text": "4. Increased funding, treatment, and support for victims of child sexual exploitation and programs and services to prevent child sexual exploitation \n(a) Programs \n(1) In general \nFor each of fiscal years 2024 through 2033, the Director shall make the following transfers from the Fund: (A) United States attorneys offices \nTo the Department of Justice, $100,000,000 for child sexual exploitation prosecutions by offices of the United States attorney. (B) Child Exploitation and Obscenity Section \nTo the Department of Justice, such sums as are necessary to ensure that there are not fewer than 120 prosecutors and agents employed in the Child Exploitation and Obscenity Section of the Criminal Division. (C) Federal Bureau of Investigation \nTo the Federal Bureau of Investigation, such sums as are necessary to ensure that the total number of case agents and investigators employed in the Innocent Images National Initiative, the Crimes Against Children Unit, the Child Abduction Rapid Deployment Teams, and the Child Exploitation and Human Trafficking Task Forces of the Federal Bureau of Investigation is not less than 100 more than the total number of such case agents and investigators on the date of enactment of this Act. (D) International Center for Missing and Exploited Children \nTo the Department of Justice, $20,000,000 for a grant by the Office of Juvenile Justice and Delinquency Prevention to the International Center for Missing and Exploited Children, in recognition of the international nature of online sexual exploitation, to— (i) expand and utilize the Global Missing Children’s Network Engine to aid in the search and recovery of children who go missing as a result of online child sexual exploitation internationally; (ii) coordinate financial interruption of online child sexual exploitation globally through the Financial Coalitions Against Child Sexual Exploitation; (iii) undertake research on the direct link between online child sexual exploitation and incidences of children going missing; (iv) increase the capacity of international law enforcement to prevent, respond to, and prosecute offenders committing crimes involving online child sexual exploitation, through training and the development of best-practice guidelines on the prevention of and response to online child sexual exploitation; and (v) create outcome measurements to determine the impact of training of, and the provision of technical support to, international law enforcement in the prevention of, response to, and prosecution of offenders committing crimes involving online child sexual exploitation. (E) National Center for Missing and Exploited Children \nTo the Department of Justice, $15,000,000 for a grant by the Office of Juvenile Justice and Delinquency Prevention to the National Center for Missing and Exploited Children to— (i) ensure that the total number of analysts, engineers, and other employees at the National Center for Missing and Exploited Children supporting, evaluating, and processing child sexual abuse material tips from technology companies is not less than 65 more than the number of such analysts, engineers, and other employees on the date of enactment of this Act; and (ii) upgrade and maintain technology infrastructure and methods. (F) Internet Crimes Against Children Task Forces \nTo the Department of Justice, $60,000,000 for grants to States for activities relating to Internet Crimes Against Children Task Forces. (G) National Criminal Justice Training Center \nTo the Department of Justice, $5,000,000 for a grant to the National Criminal Justice Training Center. (H) Children’s advocacy programs \nTo the agency head designated under section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11111(b) ), $27,000,000 for grants to local children’s advocacy centers under section 214 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20304 ). (I) Street Outreach Program \nTo the Department of Health and Human Services, $16,000,000 for the Street Outreach Program of the Family and Youth Services Bureau. (b) Grants and transfers to agencies, programs, and services \n(1) In general \nUsing amounts in the Fund, the Director may make grants and transfer funds to Executive agencies for treatment and support for victims of child sexual exploitation and evidence-based programs and services to prevent child sexual exploitation. (2) Included services and programs \nIn carrying out paragraph (1), the Director may— (A) transfer funds to the Street Outreach Program of the Department of Health and Human Services; (B) make grants to local governments and Indian Tribes for hiring mental health services providers, including school-based mental health services providers to work at public elementary schools and secondary schools; (C) make grants to non-Federal entities or transfer funds to Executive agencies to provide training to mental health services providers, including school-based mental health services providers to detect cases of child sexual exploitation and to treat victims of child sexual exploitation; (D) transfer funds to the Internet Crimes Against Children Task Force program, the Victim Identification program, and the Child Exploitation Investigations Unit of U.S. Immigration and Customs Enforcement; (E) make grants to the National Center for Missing and Exploited Children; (F) make grants to the International Centre for Missing and Exploited Children to streamline the delivery of the resources and technology of the Centre to— (i) law enforcement and other agencies in the United States, including the Department of State, for the protection and recovery of citizens of the United States located in foreign countries; and (ii) foreign law enforcement agencies and other entities of foreign governments; (G) make grants to non-Federal entities or transfer funds to Executive agencies to provide community education relating to the detection, prevention, and treatment of victims of child sexual exploitation; (H) make grants to non-Federal entities or transfer funds to Executive agencies to provide information and training to individuals and organizations providing assistance to victims of child sexual exploitation; (I) transfer funds to the agency head designated under section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11111(b) ) for grants to local children’s advocacy centers under section 214 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20304 ); (J) transfer funds to the Innocent Images National Initiative, the Crimes Against Children Unit, the Child Abduction Rapid Deployment Teams, and the Child Exploitation and Human Trafficking Task Forces of the Federal Bureau of Investigation; (K) transfer funds to the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (L) make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, sexual exploitation, severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11) )), or sex trafficking (as defined in section 103(12) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(12) )); (M) make grants to the National Criminal Justice Training Center; and (N) make grants or transfer funds to any other covered program or agency for programs or activities directed at addressing child sexual exploitation. (c) Funding \n(1) In general \nThere is established in the Treasury a fund to be known as the Child Sexual Exploitation Treatment, Support, and Prevention Fund , consisting of amounts transferred under paragraph (2). (2) Transfer \nThe Secretary of the Treasury shall transfer to the Fund, from the general fund of the Treasury, $5,000,000,000 for fiscal year 2024, to remain available through September 30, 2033. (3) Use of funds \n(A) In general \nThe Director may use amounts in the Fund, without further appropriation, to carry out this section. (B) Supplement not supplant \nAmounts made available to agencies, programs, and services from the Fund shall supplement, but not supplant, regular appropriations for such agencies, programs, and services. (4) Customs user fees \n(A) In general \nSection 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(j)(3) ) is amended— (i) in subparagraph (A), by striking September 30, 2031 and inserting August 15, 2032 ; and (ii) in subparagraph (B)(i), by striking September 30, 2031 and inserting August 15, 2032. (B) Rate for merchandise processing fees \nSection 503 of the United States-Korea Free Trade Agreement Implementation Act ( Public Law 112–41 ; 19 U.S.C. 3805 note) is amended in the matter preceding paragraph (1) by striking September 30, 2031 and inserting August 15, 2032.", "id": "HFAABF8B106944ECA958CBBE477C36C46", "header": "Increased funding, treatment, and support for victims of child sexual exploitation and programs and services to prevent child sexual exploitation", "nested": [ { "text": "(a) Programs \n(1) In general \nFor each of fiscal years 2024 through 2033, the Director shall make the following transfers from the Fund: (A) United States attorneys offices \nTo the Department of Justice, $100,000,000 for child sexual exploitation prosecutions by offices of the United States attorney. (B) Child Exploitation and Obscenity Section \nTo the Department of Justice, such sums as are necessary to ensure that there are not fewer than 120 prosecutors and agents employed in the Child Exploitation and Obscenity Section of the Criminal Division. (C) Federal Bureau of Investigation \nTo the Federal Bureau of Investigation, such sums as are necessary to ensure that the total number of case agents and investigators employed in the Innocent Images National Initiative, the Crimes Against Children Unit, the Child Abduction Rapid Deployment Teams, and the Child Exploitation and Human Trafficking Task Forces of the Federal Bureau of Investigation is not less than 100 more than the total number of such case agents and investigators on the date of enactment of this Act. (D) International Center for Missing and Exploited Children \nTo the Department of Justice, $20,000,000 for a grant by the Office of Juvenile Justice and Delinquency Prevention to the International Center for Missing and Exploited Children, in recognition of the international nature of online sexual exploitation, to— (i) expand and utilize the Global Missing Children’s Network Engine to aid in the search and recovery of children who go missing as a result of online child sexual exploitation internationally; (ii) coordinate financial interruption of online child sexual exploitation globally through the Financial Coalitions Against Child Sexual Exploitation; (iii) undertake research on the direct link between online child sexual exploitation and incidences of children going missing; (iv) increase the capacity of international law enforcement to prevent, respond to, and prosecute offenders committing crimes involving online child sexual exploitation, through training and the development of best-practice guidelines on the prevention of and response to online child sexual exploitation; and (v) create outcome measurements to determine the impact of training of, and the provision of technical support to, international law enforcement in the prevention of, response to, and prosecution of offenders committing crimes involving online child sexual exploitation. (E) National Center for Missing and Exploited Children \nTo the Department of Justice, $15,000,000 for a grant by the Office of Juvenile Justice and Delinquency Prevention to the National Center for Missing and Exploited Children to— (i) ensure that the total number of analysts, engineers, and other employees at the National Center for Missing and Exploited Children supporting, evaluating, and processing child sexual abuse material tips from technology companies is not less than 65 more than the number of such analysts, engineers, and other employees on the date of enactment of this Act; and (ii) upgrade and maintain technology infrastructure and methods. (F) Internet Crimes Against Children Task Forces \nTo the Department of Justice, $60,000,000 for grants to States for activities relating to Internet Crimes Against Children Task Forces. (G) National Criminal Justice Training Center \nTo the Department of Justice, $5,000,000 for a grant to the National Criminal Justice Training Center. (H) Children’s advocacy programs \nTo the agency head designated under section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11111(b) ), $27,000,000 for grants to local children’s advocacy centers under section 214 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20304 ). (I) Street Outreach Program \nTo the Department of Health and Human Services, $16,000,000 for the Street Outreach Program of the Family and Youth Services Bureau.", "id": "H7A7B9AA839DF484EA33DE5EC4BF6D3AA", "header": "Programs", "nested": [], "links": [ { "text": "34 U.S.C. 11111(b)", "legal-doc": "usc", "parsable-cite": "usc/34/11111" }, { "text": "34 U.S.C. 20304", "legal-doc": "usc", "parsable-cite": "usc/34/20304" } ] }, { "text": "(b) Grants and transfers to agencies, programs, and services \n(1) In general \nUsing amounts in the Fund, the Director may make grants and transfer funds to Executive agencies for treatment and support for victims of child sexual exploitation and evidence-based programs and services to prevent child sexual exploitation. (2) Included services and programs \nIn carrying out paragraph (1), the Director may— (A) transfer funds to the Street Outreach Program of the Department of Health and Human Services; (B) make grants to local governments and Indian Tribes for hiring mental health services providers, including school-based mental health services providers to work at public elementary schools and secondary schools; (C) make grants to non-Federal entities or transfer funds to Executive agencies to provide training to mental health services providers, including school-based mental health services providers to detect cases of child sexual exploitation and to treat victims of child sexual exploitation; (D) transfer funds to the Internet Crimes Against Children Task Force program, the Victim Identification program, and the Child Exploitation Investigations Unit of U.S. Immigration and Customs Enforcement; (E) make grants to the National Center for Missing and Exploited Children; (F) make grants to the International Centre for Missing and Exploited Children to streamline the delivery of the resources and technology of the Centre to— (i) law enforcement and other agencies in the United States, including the Department of State, for the protection and recovery of citizens of the United States located in foreign countries; and (ii) foreign law enforcement agencies and other entities of foreign governments; (G) make grants to non-Federal entities or transfer funds to Executive agencies to provide community education relating to the detection, prevention, and treatment of victims of child sexual exploitation; (H) make grants to non-Federal entities or transfer funds to Executive agencies to provide information and training to individuals and organizations providing assistance to victims of child sexual exploitation; (I) transfer funds to the agency head designated under section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11111(b) ) for grants to local children’s advocacy centers under section 214 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20304 ); (J) transfer funds to the Innocent Images National Initiative, the Crimes Against Children Unit, the Child Abduction Rapid Deployment Teams, and the Child Exploitation and Human Trafficking Task Forces of the Federal Bureau of Investigation; (K) transfer funds to the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (L) make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, sexual exploitation, severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11) )), or sex trafficking (as defined in section 103(12) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(12) )); (M) make grants to the National Criminal Justice Training Center; and (N) make grants or transfer funds to any other covered program or agency for programs or activities directed at addressing child sexual exploitation.", "id": "H9EB1F1D5803A44C1BA9C3AF3DD0D7AF2", "header": "Grants and transfers to agencies, programs, and services", "nested": [], "links": [ { "text": "34 U.S.C. 11111(b)", "legal-doc": "usc", "parsable-cite": "usc/34/11111" }, { "text": "34 U.S.C. 20304", "legal-doc": "usc", "parsable-cite": "usc/34/20304" }, { "text": "22 U.S.C. 7102(11)", "legal-doc": "usc", "parsable-cite": "usc/22/7102" }, { "text": "22 U.S.C. 7102(12)", "legal-doc": "usc", "parsable-cite": "usc/22/7102" } ] }, { "text": "(c) Funding \n(1) In general \nThere is established in the Treasury a fund to be known as the Child Sexual Exploitation Treatment, Support, and Prevention Fund , consisting of amounts transferred under paragraph (2). (2) Transfer \nThe Secretary of the Treasury shall transfer to the Fund, from the general fund of the Treasury, $5,000,000,000 for fiscal year 2024, to remain available through September 30, 2033. (3) Use of funds \n(A) In general \nThe Director may use amounts in the Fund, without further appropriation, to carry out this section. (B) Supplement not supplant \nAmounts made available to agencies, programs, and services from the Fund shall supplement, but not supplant, regular appropriations for such agencies, programs, and services. (4) Customs user fees \n(A) In general \nSection 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(j)(3) ) is amended— (i) in subparagraph (A), by striking September 30, 2031 and inserting August 15, 2032 ; and (ii) in subparagraph (B)(i), by striking September 30, 2031 and inserting August 15, 2032. (B) Rate for merchandise processing fees \nSection 503 of the United States-Korea Free Trade Agreement Implementation Act ( Public Law 112–41 ; 19 U.S.C. 3805 note) is amended in the matter preceding paragraph (1) by striking September 30, 2031 and inserting August 15, 2032.", "id": "HEDDFC129A12044E385B65EE803DA739A", "header": "Funding", "nested": [], "links": [ { "text": "19 U.S.C. 58c(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/19/58c" }, { "text": "Public Law 112–41", "legal-doc": "public-law", "parsable-cite": "pl/112/41" }, { "text": "19 U.S.C. 3805", "legal-doc": "usc", "parsable-cite": "usc/19/3805" } ] } ], "links": [ { "text": "34 U.S.C. 11111(b)", "legal-doc": "usc", "parsable-cite": "usc/34/11111" }, { "text": "34 U.S.C. 20304", "legal-doc": "usc", "parsable-cite": "usc/34/20304" }, { "text": "34 U.S.C. 11111(b)", "legal-doc": "usc", "parsable-cite": "usc/34/11111" }, { "text": "34 U.S.C. 20304", "legal-doc": "usc", "parsable-cite": "usc/34/20304" }, { "text": "22 U.S.C. 7102(11)", "legal-doc": "usc", "parsable-cite": "usc/22/7102" }, { "text": "22 U.S.C. 7102(12)", "legal-doc": "usc", "parsable-cite": "usc/22/7102" }, { "text": "19 U.S.C. 58c(j)(3)", "legal-doc": "usc", "parsable-cite": "usc/19/58c" }, { "text": "Public Law 112–41", "legal-doc": "public-law", "parsable-cite": "pl/112/41" }, { "text": "19 U.S.C. 3805", "legal-doc": "usc", "parsable-cite": "usc/19/3805" } ] }, { "text": "5. Evaluation of prevention programs \nThe Director, in coordination with the Director of the National Institute of Justice, shall enter into an agreement with the Deputy Assistant Secretary for Planning, Research, and Evaluation of the Department of Health and Human Services under which the Deputy Assistant Secretary shall conduct a study and, not later than 6 years after the date of enactment of this Act, publicly issue a report— (1) identifying risk factors that may make certain individuals more vulnerable to child sexual exploitation; (2) identifying the programs with the greatest potential for preventing child sexual exploitation; and (3) evaluating promising programs being developed in the field of child sexual exploitation prevention.", "id": "HA7CACDA6E61547A5AE7E606CB430B6DB", "header": "Evaluation of prevention programs", "nested": [], "links": [] }, { "text": "6. GAO study \nThe Comptroller General of the United States, in consultation with the Director, shall study and publicly issue a report documenting all Federal funding (including grants to States, local governments, Indian Tribes, nonprofit entities, and other entities) for the prevention, detection, enforcement, and treatment of child sexual exploitation, which shall separately report on activities relating to child sexual abuse material.", "id": "HFE8859BAC6DE4E128B65DF4612969E97", "header": "GAO study", "nested": [], "links": [] }, { "text": "7. Modernizing the CyberTipline \n(a) In general \nChapter 110 of title 18, United States Code, is amended— (1) in section 2258A— (A) in subsection (a)— (i) in paragraph (1)(B)(ii), by inserting after facts or circumstances the following: , including any available facts or circumstances sufficient to identify and locate each involved individual, ; and (ii) in paragraph (2)(A)— (I) by inserting 1591 (if the violation involves a minor), before 2251, ; and (II) by striking or 2260 and inserting 2260, or 2422(b) ; (B) in subsection (b)— (i) in paragraph (1)— (I) by inserting or location after identity ; and (II) by striking other identifying information, and inserting other information which may identify or locate the involved individual, ; and (ii) by adding at the end the following: (6) Formatting of reports \nWhen in its discretion a provider voluntarily includes any content described in this subsection in a report to the CyberTipline, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline. ; (C) in subsection (d)(5)(B)— (i) in clause (i), by striking forwarded and inserting made available ; and (ii) in clause (ii), by striking forwarded and inserting made available ; and (D) in subsection (h)— (i) in paragraph (1), by striking 90 days and inserting 180 days ; and (ii) by adding at the end the following: (5) Extension of preservation \nA provider of a report to the CyberTipline may voluntarily preserve the contents provided in the report (including any commingled content described in paragraph (2)) for longer than 180 days after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children. (6) Method of preservation \nOn and after the date that is 1 year after the date of enactment of this paragraph, a provider of a report to the CyberTipline under subsection (a)(1) shall preserve materials under this subsection in a manner that is consistent with most recent version of the Cybersecurity Framework developed by the National Institute of Standards and Technology, or a successor resource. ; and (2) in section 2258C— (A) in the section heading, by striking the CyberTipline and inserting NCMEC ; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking NCMEC and inserting the following: (A) Provision to providers \nNCMEC ; (II) in subparagraph (A), as so designated, by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: (B) Provision to non-profit entities \nNCMEC may provide hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children. ; and (ii) in paragraph (2)— (I) by inserting (A) after (1) ; (II) by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: The elements authorized under paragraph (1)(B) shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ). ; and (C) in subsection (d), by inserting or to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline. (b) Conforming amendment \nThe table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258C and inserting the following: 2258C. Use to combat child pornography of technical elements relating to reports made to NCMEC..", "id": "H6358CD6CC2A146B2BBA489B13BB47806", "header": "Modernizing the CyberTipline", "nested": [ { "text": "(a) In general \nChapter 110 of title 18, United States Code, is amended— (1) in section 2258A— (A) in subsection (a)— (i) in paragraph (1)(B)(ii), by inserting after facts or circumstances the following: , including any available facts or circumstances sufficient to identify and locate each involved individual, ; and (ii) in paragraph (2)(A)— (I) by inserting 1591 (if the violation involves a minor), before 2251, ; and (II) by striking or 2260 and inserting 2260, or 2422(b) ; (B) in subsection (b)— (i) in paragraph (1)— (I) by inserting or location after identity ; and (II) by striking other identifying information, and inserting other information which may identify or locate the involved individual, ; and (ii) by adding at the end the following: (6) Formatting of reports \nWhen in its discretion a provider voluntarily includes any content described in this subsection in a report to the CyberTipline, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline. ; (C) in subsection (d)(5)(B)— (i) in clause (i), by striking forwarded and inserting made available ; and (ii) in clause (ii), by striking forwarded and inserting made available ; and (D) in subsection (h)— (i) in paragraph (1), by striking 90 days and inserting 180 days ; and (ii) by adding at the end the following: (5) Extension of preservation \nA provider of a report to the CyberTipline may voluntarily preserve the contents provided in the report (including any commingled content described in paragraph (2)) for longer than 180 days after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children. (6) Method of preservation \nOn and after the date that is 1 year after the date of enactment of this paragraph, a provider of a report to the CyberTipline under subsection (a)(1) shall preserve materials under this subsection in a manner that is consistent with most recent version of the Cybersecurity Framework developed by the National Institute of Standards and Technology, or a successor resource. ; and (2) in section 2258C— (A) in the section heading, by striking the CyberTipline and inserting NCMEC ; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking NCMEC and inserting the following: (A) Provision to providers \nNCMEC ; (II) in subparagraph (A), as so designated, by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: (B) Provision to non-profit entities \nNCMEC may provide hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children. ; and (ii) in paragraph (2)— (I) by inserting (A) after (1) ; (II) by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: The elements authorized under paragraph (1)(B) shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ). ; and (C) in subsection (d), by inserting or to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline.", "id": "HB0E4EF07D8054380B98A6812A08348E6", "header": "In general", "nested": [], "links": [ { "text": "Chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" } ] }, { "text": "(b) Conforming amendment \nThe table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258C and inserting the following: 2258C. Use to combat child pornography of technical elements relating to reports made to NCMEC..", "id": "HDDB1C3F09D1543608F0E3A75B033DA22", "header": "Conforming amendment", "nested": [], "links": [ { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" } ] } ], "links": [ { "text": "Chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11293(b)(1)(K)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "chapter 110", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/110" } ] } ]
7
1. Short title This Act may be cited as the Invest in Child Safety Act of 2024. 2. Definitions In this Act: (1) Child sexual exploitation The term child sexual exploitation has the meaning given the term child exploitation in section 2 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21101 ). (2) Covered program or agency The term covered program or agency means— (A) each Federal program or Executive agency involved in— (i) the prevention, treatment of victims, investigation, or prosecution of child sexual exploitation; or (ii) other activities relating to addressing child sexual exploitation; or (B) any other Federal program, agency, or activity designated by the Director. (3) Director The term Director means the Director of the Office appointed under section 3(b)(1). (4) Enforcement and protection strategy The term enforcement and protection strategy means the enforcement and protection strategy required under section 3(c)(4). (5) Executive agency The term Executive agency has the meaning given that term in section 105 of title 5, United States Code. (6) Fund The term Fund means the Child Sexual Exploitation Treatment, Support, and Prevention Fund established under section 4(c)(1). (7) High-level representative The term high-level representative means an individual who is— (A) appointed by the President, by and with the advice and consent of the Senate; (B) in a Senior Executive Service position (as defined in section 3132(a) of title 5, United States Code); or (C) for an entity that is not an Executive agency, serving in a leadership or other senior position in the entity. (8) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). (9) Office The term Office means the Office to Enforce and Protect Against Child Sexual Exploitation established under section 3(a). 3. Office to Enforce and Protect Against Child Sexual Exploitation (a) Establishment There is established in the Department of Justice an Office to Enforce and Protect Against Child Sexual Exploitation. (b) Director (1) Appointment The Office shall be headed by a Director who shall be appointed by the Attorney General, and who shall report directly to the Associate Attorney General. (2) Term (A) In general The Director shall be appointed for a term of 5 years. (B) Limitation An individual may not serve more than 2 terms as the Director. (3) Qualifications The individual appointed as the Director shall have— (A) a demonstrated ability in managing large organizations and coordinating offices; (B) experience prosecuting Federal child sexual exploitation crimes; and (C) proficiency in investigating crimes that have a technological or cyber component. (4) Limitations The individual serving as the Director— (A) shall be a member of the Senior Executive Service in a permanent position in the Department of Justice; and (B) may not have other significant duties or responsibilities that might distract from the duty of the Director to carry out the requirements of this Act and the responsibilities under section 101 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111 ). (5) Coordination of activities The Director shall coordinate the activities of the Office with the Attorney General, the Director of the Federal Bureau of Investigation, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Secretary of Education, the Chairman of the Interagency Task Force to Monitor and Combat Trafficking in Persons established under section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103 ), the Chief Executive Officer of the International Centre for Missing and Exploited Children, and the President of the National Center for Missing and Exploited Children. (c) Duties The Director shall— (1) coordinate the activities of covered programs and agencies; (2) cooperate, as appropriate, with foreign law enforcement agencies, including through— (A) information sharing and providing technical assistance; and (B) detailing employees of the Office to high priority countries that are the source of visual depictions of child sexual exploitation; (3) not less than 3 times per year, convene a meeting of high-level representatives of the Department of Justice, the Federal Bureau of Investigation, the Department of Defense, the Department of Health and Human Services, the Department of Homeland Security, the Department of Education, the Interagency Task Force to Monitor and Combat Trafficking in Persons established under section 105 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7103 ), the International Centre for Missing and Exploited Children, and the National Center for Missing and Exploited Children, to ensure success of the enforcement and protection strategy; (4) not later than 180 days after the date on which each Director is first appointed to the position of Director, submit to Congress an enforcement and protection strategy for— (A) the prevention, investigation, or prosecution of child sexual exploitation by Executive agencies; (B) the treatment of and services provided to victims of child sexual exploitation by Executive agencies; and (C) other activities of Executive agencies relating to addressing child sexual exploitation; (5) during the 60-day period beginning on the date on which each Director is first appointed to the position of Director, solicit comments from the public on the enforcement and protection strategy; (6) not later than 180 days after the date on which each Director is first appointed to the position of Director, submit to Congress a spending plan, which shall be developed in consultation with the head of covered programs and agencies and the Director of the Office of Management and Budget; (7) with respect to each fiscal year, for not less than a period of 30 days before the start of such fiscal year, seek public comment on the funding priorities of the Office and covered programs and agencies for such fiscal year, including funding transfers and grants to be made from the Fund during such fiscal year; (8) not later than March 1 of each year, submit to Congress an annual report— (A) detailing the work of the Office and each covered program or agency during the previous fiscal year and evaluating the efficacy of the use of funds by the Office and covered programs and agencies during the previous fiscal year, which shall include, with respect to such previous fiscal year— (i) the number and nature of reports to the CyberTipline of the National Center for Missing and Exploited Children, or any successor to such CyberTipline operated by the National Center for Missing and Exploited Children; (ii) the number and nature of investigations conducted relating to child sexual exploitation; (iii) the number and nature of arrests relating to child sexual exploitation; (iv) the number and nature of ongoing prosecutions of offenses involving child sexual exploitation; (v) the number of prosecutions of offenses involving child sexual exploitation by judicial district; (vi) the number of convictions of offenses involving child sexual exploitation; (vii) the number of convictions of offenses involving child sexual exploitation by judicial district; (viii) the number of referrals of offenses involving child sexual exploitation to non-Federal entities, including foreign law enforcement agencies, broken down by jurisdiction and entity; (ix) a summary of all transfers and grants made from the Fund; and (x) a summary of any unobligated funds from transfers and grants made for a previous fiscal year from the Fund; and (B) discussing the funding priorities of the Office and covered programs and agencies for the current fiscal year, which shall include— (i) an outline of planned funding transfers and grants to be made from the Fund during the current fiscal year; and (ii) a summary of public comments on such funding priorities received under paragraph (7); (9) not later than May 1 of each year, appear before the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives to discuss the enforcement and protection strategy, including any updates; and (10) carry out the duties of the National Coordinator for Child Exploitation Prevention and Interdiction. (d) Notice of changes by covered programs and agencies (1) In general The head of each covered program or agency shall notify the Director in writing of any proposed policy change relating to— (A) the prevention, investigation, or prosecution of child sexual exploitation; (B) the treatment of victims of child sexual exploitation; or (C) other activities relating to addressing child sexual exploitation. (2) Response The Director shall respond promptly to any notice under paragraph (1), which shall include the determination of the Director regarding whether the proposed policy change is consistent with the enforcement and protection strategy. (e) National Strategy for Child Exploitation Prevention and Interdiction (1) Director to serve as coordinator Section 101(d) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111(d) ) is amended— (A) in the subsection heading, by striking Appointment of high-level official and inserting National Coordinator for Child Exploitation Prevention and Intervention ; (B) by striking paragraph (1) and inserting the following: (1) In general The Director of the Office to Enforce and Protect Against Child Sexual Exploitation shall serve as the National Coordinator for Child Exploitation Prevention and Interdiction and shall be responsible for coordinating the development of the National Strategy established under subsection (a). ; and (C) in paragraph (2), in the matter preceding subparagraph (A), by striking official designated under paragraph (1) and inserting National Coordinator for Child Exploitation Prevention and Interdiction. (2) Publication of National Strategy Section 101(b) of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111(b) ) is amended— (A) by striking Not later and inserting the following: (1) In general Not later ; and (B) by adding at the end the following: (2) Publication Not later than 30 days after the date on which the Attorney General submits to Congress a National Strategy under paragraph (1), the Attorney General shall publish on the internet website of the Department of Justice an unclassified version of the National Strategy.. (3) Consultation with Congress Section 101 of the PROTECT Our Children Act of 2008 ( 34 U.S.C. 21111 ) is amended by adding at the end the following: (e) Consultation with Congress During any year in which the Attorney General submits to Congress the National Strategy established under subsection (a), the Director of Office to Enforce and Protect Against Child Sexual Exploitation shall appear before the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives to discuss the National Strategy at the same time the Director appears to discuss the enforcement and protection strategy pursuant to section 3(c)(9) of the Invest in Child Safety Act of 2024.. 4. Increased funding, treatment, and support for victims of child sexual exploitation and programs and services to prevent child sexual exploitation (a) Programs (1) In general For each of fiscal years 2024 through 2033, the Director shall make the following transfers from the Fund: (A) United States attorneys offices To the Department of Justice, $100,000,000 for child sexual exploitation prosecutions by offices of the United States attorney. (B) Child Exploitation and Obscenity Section To the Department of Justice, such sums as are necessary to ensure that there are not fewer than 120 prosecutors and agents employed in the Child Exploitation and Obscenity Section of the Criminal Division. (C) Federal Bureau of Investigation To the Federal Bureau of Investigation, such sums as are necessary to ensure that the total number of case agents and investigators employed in the Innocent Images National Initiative, the Crimes Against Children Unit, the Child Abduction Rapid Deployment Teams, and the Child Exploitation and Human Trafficking Task Forces of the Federal Bureau of Investigation is not less than 100 more than the total number of such case agents and investigators on the date of enactment of this Act. (D) International Center for Missing and Exploited Children To the Department of Justice, $20,000,000 for a grant by the Office of Juvenile Justice and Delinquency Prevention to the International Center for Missing and Exploited Children, in recognition of the international nature of online sexual exploitation, to— (i) expand and utilize the Global Missing Children’s Network Engine to aid in the search and recovery of children who go missing as a result of online child sexual exploitation internationally; (ii) coordinate financial interruption of online child sexual exploitation globally through the Financial Coalitions Against Child Sexual Exploitation; (iii) undertake research on the direct link between online child sexual exploitation and incidences of children going missing; (iv) increase the capacity of international law enforcement to prevent, respond to, and prosecute offenders committing crimes involving online child sexual exploitation, through training and the development of best-practice guidelines on the prevention of and response to online child sexual exploitation; and (v) create outcome measurements to determine the impact of training of, and the provision of technical support to, international law enforcement in the prevention of, response to, and prosecution of offenders committing crimes involving online child sexual exploitation. (E) National Center for Missing and Exploited Children To the Department of Justice, $15,000,000 for a grant by the Office of Juvenile Justice and Delinquency Prevention to the National Center for Missing and Exploited Children to— (i) ensure that the total number of analysts, engineers, and other employees at the National Center for Missing and Exploited Children supporting, evaluating, and processing child sexual abuse material tips from technology companies is not less than 65 more than the number of such analysts, engineers, and other employees on the date of enactment of this Act; and (ii) upgrade and maintain technology infrastructure and methods. (F) Internet Crimes Against Children Task Forces To the Department of Justice, $60,000,000 for grants to States for activities relating to Internet Crimes Against Children Task Forces. (G) National Criminal Justice Training Center To the Department of Justice, $5,000,000 for a grant to the National Criminal Justice Training Center. (H) Children’s advocacy programs To the agency head designated under section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11111(b) ), $27,000,000 for grants to local children’s advocacy centers under section 214 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20304 ). (I) Street Outreach Program To the Department of Health and Human Services, $16,000,000 for the Street Outreach Program of the Family and Youth Services Bureau. (b) Grants and transfers to agencies, programs, and services (1) In general Using amounts in the Fund, the Director may make grants and transfer funds to Executive agencies for treatment and support for victims of child sexual exploitation and evidence-based programs and services to prevent child sexual exploitation. (2) Included services and programs In carrying out paragraph (1), the Director may— (A) transfer funds to the Street Outreach Program of the Department of Health and Human Services; (B) make grants to local governments and Indian Tribes for hiring mental health services providers, including school-based mental health services providers to work at public elementary schools and secondary schools; (C) make grants to non-Federal entities or transfer funds to Executive agencies to provide training to mental health services providers, including school-based mental health services providers to detect cases of child sexual exploitation and to treat victims of child sexual exploitation; (D) transfer funds to the Internet Crimes Against Children Task Force program, the Victim Identification program, and the Child Exploitation Investigations Unit of U.S. Immigration and Customs Enforcement; (E) make grants to the National Center for Missing and Exploited Children; (F) make grants to the International Centre for Missing and Exploited Children to streamline the delivery of the resources and technology of the Centre to— (i) law enforcement and other agencies in the United States, including the Department of State, for the protection and recovery of citizens of the United States located in foreign countries; and (ii) foreign law enforcement agencies and other entities of foreign governments; (G) make grants to non-Federal entities or transfer funds to Executive agencies to provide community education relating to the detection, prevention, and treatment of victims of child sexual exploitation; (H) make grants to non-Federal entities or transfer funds to Executive agencies to provide information and training to individuals and organizations providing assistance to victims of child sexual exploitation; (I) transfer funds to the agency head designated under section 201(b) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11111(b) ) for grants to local children’s advocacy centers under section 214 of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20304 ); (J) transfer funds to the Innocent Images National Initiative, the Crimes Against Children Unit, the Child Abduction Rapid Deployment Teams, and the Child Exploitation and Human Trafficking Task Forces of the Federal Bureau of Investigation; (K) transfer funds to the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice; (L) make grants to nonprofit private agencies for the purpose of providing street-based services to runaway and homeless, and street youth, who have been subjected to, or are at risk of being subjected to, sexual abuse, prostitution, sexual exploitation, severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(11) )), or sex trafficking (as defined in section 103(12) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(12) )); (M) make grants to the National Criminal Justice Training Center; and (N) make grants or transfer funds to any other covered program or agency for programs or activities directed at addressing child sexual exploitation. (c) Funding (1) In general There is established in the Treasury a fund to be known as the Child Sexual Exploitation Treatment, Support, and Prevention Fund , consisting of amounts transferred under paragraph (2). (2) Transfer The Secretary of the Treasury shall transfer to the Fund, from the general fund of the Treasury, $5,000,000,000 for fiscal year 2024, to remain available through September 30, 2033. (3) Use of funds (A) In general The Director may use amounts in the Fund, without further appropriation, to carry out this section. (B) Supplement not supplant Amounts made available to agencies, programs, and services from the Fund shall supplement, but not supplant, regular appropriations for such agencies, programs, and services. (4) Customs user fees (A) In general Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(j)(3) ) is amended— (i) in subparagraph (A), by striking September 30, 2031 and inserting August 15, 2032 ; and (ii) in subparagraph (B)(i), by striking September 30, 2031 and inserting August 15, 2032. (B) Rate for merchandise processing fees Section 503 of the United States-Korea Free Trade Agreement Implementation Act ( Public Law 112–41 ; 19 U.S.C. 3805 note) is amended in the matter preceding paragraph (1) by striking September 30, 2031 and inserting August 15, 2032. 5. Evaluation of prevention programs The Director, in coordination with the Director of the National Institute of Justice, shall enter into an agreement with the Deputy Assistant Secretary for Planning, Research, and Evaluation of the Department of Health and Human Services under which the Deputy Assistant Secretary shall conduct a study and, not later than 6 years after the date of enactment of this Act, publicly issue a report— (1) identifying risk factors that may make certain individuals more vulnerable to child sexual exploitation; (2) identifying the programs with the greatest potential for preventing child sexual exploitation; and (3) evaluating promising programs being developed in the field of child sexual exploitation prevention. 6. GAO study The Comptroller General of the United States, in consultation with the Director, shall study and publicly issue a report documenting all Federal funding (including grants to States, local governments, Indian Tribes, nonprofit entities, and other entities) for the prevention, detection, enforcement, and treatment of child sexual exploitation, which shall separately report on activities relating to child sexual abuse material. 7. Modernizing the CyberTipline (a) In general Chapter 110 of title 18, United States Code, is amended— (1) in section 2258A— (A) in subsection (a)— (i) in paragraph (1)(B)(ii), by inserting after facts or circumstances the following: , including any available facts or circumstances sufficient to identify and locate each involved individual, ; and (ii) in paragraph (2)(A)— (I) by inserting 1591 (if the violation involves a minor), before 2251, ; and (II) by striking or 2260 and inserting 2260, or 2422(b) ; (B) in subsection (b)— (i) in paragraph (1)— (I) by inserting or location after identity ; and (II) by striking other identifying information, and inserting other information which may identify or locate the involved individual, ; and (ii) by adding at the end the following: (6) Formatting of reports When in its discretion a provider voluntarily includes any content described in this subsection in a report to the CyberTipline, the provider shall use best efforts to ensure that the report conforms with the structure of the CyberTipline. ; (C) in subsection (d)(5)(B)— (i) in clause (i), by striking forwarded and inserting made available ; and (ii) in clause (ii), by striking forwarded and inserting made available ; and (D) in subsection (h)— (i) in paragraph (1), by striking 90 days and inserting 180 days ; and (ii) by adding at the end the following: (5) Extension of preservation A provider of a report to the CyberTipline may voluntarily preserve the contents provided in the report (including any commingled content described in paragraph (2)) for longer than 180 days after the submission to the CyberTipline for the purpose of reducing the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children. (6) Method of preservation On and after the date that is 1 year after the date of enactment of this paragraph, a provider of a report to the CyberTipline under subsection (a)(1) shall preserve materials under this subsection in a manner that is consistent with most recent version of the Cybersecurity Framework developed by the National Institute of Standards and Technology, or a successor resource. ; and (2) in section 2258C— (A) in the section heading, by striking the CyberTipline and inserting NCMEC ; (B) in subsection (a)— (i) in paragraph (1)— (I) by striking NCMEC and inserting the following: (A) Provision to providers NCMEC ; (II) in subparagraph (A), as so designated, by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: (B) Provision to non-profit entities NCMEC may provide hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) to a non-profit entity for the sole and exclusive purpose of preventing and curtailing the online sexual exploitation of children. ; and (ii) in paragraph (2)— (I) by inserting (A) after (1) ; (II) by inserting or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline report ; and (III) by adding at the end the following: The elements authorized under paragraph (1)(B) shall be limited to hash values or similar technical identifiers associated with visual depictions provided in a CyberTipline report or submission to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ). ; and (C) in subsection (d), by inserting or to the child victim identification program described in section 404(b)(1)(K)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K)(ii) ) after CyberTipline. (b) Conforming amendment The table of sections for chapter 110 of title 18, United States Code, is amended by striking the item relating to section 2258C and inserting the following: 2258C. Use to combat child pornography of technical elements relating to reports made to NCMEC..
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[ "Ways and Means Committee", "Education and the Workforce Committee", "Judiciary Committee" ]